David McFoy, a person of color v. William Brown
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Pet filed &orderallowingsuit19 p 218Motodismiss19 p 268275Moto
dismissoverruledto for deft 1 >p 278 to for plf. 19 p 344.

Nov T. 1850. cont by agt20 p. 360.Apl 1851. Depo
by consent21. p. 76.Nonsuit21. p. 76

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No 37.
April Term 1850
St Louis Circuit CourtCircuit Court

David McFoyDavid McFoy
vs
William BrownWilliam Brown Dec14L L

Suit for freedom
PA atty
Issued Decr 14th 1849

M S. CerreM S Cerre Clk

State of MissouriMissouri
County of St LouisCounty of St Louis
Ss. St Louis Circuit CourtCircuit Court
November Term 1849.
on this reading and filing the petition and affidavit
of David McFoyDavid McFoy claiming to be a free person of color
and an Consideration thereof. Ordered that the
David McFoyDavid McFoy be admitted to Commerance and
the mentioned in said petition as
a poor person. Ordered also that the said DavidDavid McFoy
McFoyDavid McFoy have reasonable liberty to attend his
counsel and the Court as require
that he be not out of the Jurisdiation of
this our St Louis Circuit CourtCircuit Court for St Louis County
and that he the said David McFoyDavid McFoy be not doubtful
to Severity on of application
for freedom Ordered also that the Sheriff of St
Louis County take of the said David McDavid McFoy
Foy and hire him out to the best advantage from
time to time during the of the said
suit and take from the payable
to the state of missouri in the penalty of one thousane
dollars Such form and so conditioned as
by the statute in such cases made and
a time Copy
attest

M S. CerreM S Cerre Clk

$ 2
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Excuted this writ in the County of St LouisCounty of St Louis
on the 14th day of December 1849 by offering
to read it and the order of the Judge to WilliamWilliam Brown
BrownWilliam Brown the defendant which he refuse to
hear, and by delivering to said defendant
a time copy of the petition hereto attached

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LouisLouis T Labeaume TLouis T Labeaume .LabeaumeLouis T Labeaume Shff

By HenryHenry B Belt Depty.

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County of St. LouisCounty of St Louis, Ss.
The State Of MissouriMissouri,

To the Sheriff of St. Louis County Greeting:

We command you To Summon William BrownWilliam Brown
that he be and appear
before the Judge of our Circuit CourtCircuit Court , on the first day of the
next term thereof, to be held in the City of St. LouisCity of St Louis,
within and for the County of St. LouisCounty of St Louis, on the third Mon

day of April next then and there to answer unto
David McFoyDavid McFoy of his Petition hereto
annexed.

And have you then there this Writ.

Witness. Michael S. CerreMichael S Cerre , Clerk of said
Court with the seal thereof hereto affixed at
office, in the city of St. LouisSt Louis, this
14th day of December in the
year of our Lord eighteen hundred and forty
nine

M S. CerreM S Cerre Clerk,

I acknowledge myself bound for all costs that may occur in the above cause.
Witness my hand and seal at St. LouisSt Louis, this day of
18
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I Thomas BrownThomas Brown Senior of the County of PrestonPreston and StateState of Virginia
of VirginiaState of Virginia do hereby make my last will and Testament in
manner and form following that is to say

First I desire, that out of my Personal Estate that my
justdebts and funeral expenses be paid

Second I will and bequeath to my Daughter ElizabethElizabeth
Carbright wife of IsaacIsaac Carbright one negro by name John
aged about 14 years also one negro girl named EmilyEmily aged
about 17 years also one negro girl named EmilyEmily aged about
4 years to her and her heirs forever.

Third I will and bequeath to my son John Buckner Brown
one negro woman named Mill aged about forty eight years
also one negro man named Amos aged about 21 years also
one negro man boy named Ralf aged about 15 years to him &
his heirs forever

Fourth I will and bequeath to my son George BrownGeorge Brown one
Negro man named PeterPeter aged about 40 years also one negro
woman named ElizaEliza aged about 37 years & her sucking child
also one Negro girl named MarthaMartha aged about 18 years also
one Negro girl named MaryMary aged about 9 years also one negro Boy named JamesJames aged about 9 years to him & his
heirs forever and it is my will & desire that my son GeorgeGeorge Brown
BrownGeorge Brown take care of my old Black man named DavidDavid .

Fifth I will and bequeath to my som SamuelSamuel B Brown
one negro boy named aged about 12 years also
85 Dollars money that I loaned my said son SamuelSamuel about
16 years ago to him & his heirs forever

Sixth I will bequeath to my Son William BrownWilliam Brown one
Negro man named Sandy aged about 20 years also one
negro Bay named Luke aged about 13 years to him & his heirs
forever

Seventh I will and bequeath to my Grand Children to wit:
Adaline, Buckner, William, Charles, Virgil and Narcisson
being all the Children of my son Thomas F BrownThomas F Brown deceased the
tract of Land on which those reside Containing one hundred
and ninety two acres of Land adjoining Land of my son
WilliamWilliam & Others to them & their heirs forever I also will and
bequeath to my said Grand Children above named Children
of my said son Thomans F Brown Dec'd., one negro man
named DavidDavid aged about 36 years also one girl named
aged about 16 years also one negro Boy named aged
about 13 years also one negro Boy named Calvin aged about 6
years
to them & their heirs forever

Eighth I will & bequeath to my Daughter AnneAnne Finch
wife of John Finch one Dollar & no more

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Ninth I will and bequeath to my grand Children GeorgeGeorge
Mindy, MaryMary JaneJane Mundy & JamesFinch Children of my said
Daughter AnneAnne one Negro girl named JuliaJulia aged about 16
years also one Negro Boy named aged about 10 years
to my said Grand Children & thier heirs forever said Negroes
remain the possession of the said John Finch

Tenth I will and bequeath to many in the sum
of seventy five Dollars to be paid out of my Personal estate

Eleventh I will and bequeath the residence of my estate
both real and Personal of whatever kind I am possed of
not otherwise disposed of as follows one fifth part thereof to my said Daughter ElizabethElizabeth Cartright to her & then heirs
forever one fifth part thereof to my said son John Buckers
BrownBrown to him & his heirs forever three fifths of said
personal estate I will & bequeath to my sons George BrownGeorge Brown and
William BrownWilliam Brown to then & there hes forever one fifth of which
was given to my said two sons in consideration of my said
sons GeorgeGeorge WilliamWilliam having paid liable to pay a considerable
Sum of money Joseph Brown others of my said son Thomas FThomas F Brown .
BrownThomas F Brown Deceased and it is my will & Desire that in case the
one fifth part of my estate above above mentioned should not be
sufficient to pay and discharge the liabilities of said GeorgeGeorge
& William BrownWilliam Brown for said Thomas F BrownThomas F Brown dec'd.,> It is my
will and Desire that my son George BrownGeorge Brown hire out the follow

ing slaves David & Waynewilled to the Children of said ThomasThomas F Brown
F BrownThomas F Brown dec'd., until the of said GeorgeGeorge & William BrownWilliam Brown
as for said ThomasThomas be discharaged & paid off & then the said
slave are to be the property of the said Children of said
Thomas F BrownThomas F Brown Deceased

12 my will and desire is that the Slave that
I have given & willed to my children & grand Children shall not be ap

praised

13th I hereby and appoint
of this my last will and testament.
John PJohn P

In whereof I have hereunto set my hand and
seal this 26th day of June AD 1843 Signed sealed and acknowledged in
the presence of the said Thomas BrownThomas Brown
as his last will & testament & at his
request we have witnessed the same

his Thomas BrownThomas Brown mark

J
WilliamWilliam Mc

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At an intermediate term of the Circuit Superior CourtSuperior Court
of Law and held in and for the County of PrestonPreston on
Thursday the 29th of August in the year 1844 the last
and testament of ThomasThomas Brown BrownThomas Brown Deceased was this day
proven by the ofJesseJesse and WilliamWilliam
witnesses thereto and it is ordered that the same
& recorded as the last will and testament of Thomas BrownThomas Brown
deceased

John PJohn P Byrns ByrnsJohn P Byrns Clk

A copy
John PJohn P Byrns ByrnsJohn P Byrns Clk

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Thomas BrownThomas Brown
Will
A
John PJohn P Byrns ByrnsJohn P Byrns

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At a Monthly Term of the County CourtCircuit Court of held on
monday the 14th October 1844

On motion of Elizabeth Brown Widow of ThomasThomas F Brown
F BrownThomas F Brown Deceased it is ordered that WilliamWilliam Brown
BrownWilliam Brown Esquire be and he is hereby appointed
Guardian for Adaline Brown, Brown.
William T Brown CharlesCharles Brown, S Brown
& Chloe NarcissanBrownBrown infant children
of Thomas F BrownThomas F Brown Deceased and the
said William BrownWilliam Brown came into court and
accepted of said appointment and entered
into Bond in the penalty of $ 2000 Dollars
conditioned as the Law directs with
BrownBrown & I A F Martin his securities the
following Justice composing the court
MosesMoses Boyse. DavidDavid C Mills.
Hagan & ReubenReuben MorrisMorris Esqrs..

A copy

John PJohn P Byrns ByrnsJohn P Byrns

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I John PJohn P Byrns ByrnsJohn P Byrns Clerk of the County Court
of Preston County State of Virginia do here by certify
that the above is a true copy taken from of the records
of the said Court In tesitmony where of I have
hereunto set my hand and the
seal of the said Court this
1st day of December 1849

John PJohn P Byrns ByrnsJohn P Byrns
Clk

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I Elisha W Hagans a presiding Justice
of the peace in and for the county of PrestonPreston
state of VirginiaVirginia do hereby certify that John
P. Byrns is clerk of the county court
of said county and that the within
attestationof his as clerk is in due
form of Law and by the proper Offices and
due faith and credit anyfit to be given
to hisattestation whereof
I have hereunto set my hand and seal
this 1st December 1849

, W,Hugard J.P.

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"A"

Filed 18th April 1850

M. S. CerreM S Cerre Clk

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State of MissouriMissouri

To WilliamWilliam J. Williamson one of the
day police of the City of S. LouisS Louis.
whereas complaint has been made before
me the undersigned Justice of the Peace that
a negro man calling himself DavidDavid McFoy
McDavid McFoy Foy is a runaway slave, and after a
patient Examination of the charge a

gainst said DavidDavid , and the proofs Ex

hibited before me it appears the said
Negro is the property of the Heirs of ThomasThomas F Brown
F BrownThomas F Brown of Preston CountyPreston County VirginiaVirginia

ThomasThomas therefore to command
you to convey and deliver to said
slave to the heirs of the said Thom

as F. Brown or to the persons entitled
to the case of said slave, or to the
keeper of the common Jail of S LouisS Louis
County, and you the said keeper are
hereby commanded to receive the
body of the said DavidDavid and de
tain him until his said owners
shall take him hence and pay all
lawful changes, or until he be oth

erwise discharged according to Law
Given under my hand this 13th dy of December

W. Johnstone Justice

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State of MissouriMissouri
vs
DavidDavid
Warrant

a 75
3 75
25
1.75

Officer WilliamWilliam

50
75

We claim all Lawful fees
for arresting & committing
said DavidDavid , as a runaway
slave

W. J. Williamson
WilliamWilliam F

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Executed this writ by delivering the body of
the within named DavidDavid , to the Jailor of Saint LouisSt Louis
County, done at the City of Saint LouisSt Louis
on the 12th day of December 1849

fee 75

W William Williamson. Williamson

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W.Brown
vs
David McFoy

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State of MissouriMissouri
County of S LouisCounty of S Louis

WilliamWilliam J Williamson
personally
before me the undersigned Justice of the Peace
in and for the County of S LouisCounty of S Louis, and having duly
Sworn says, that on or about the 13th day of December 1849. at the County of S LouisCounty of S Louis he
arrested a Negro man who called DavidDavid
say which he has good reason to belive
and does belive the said Negro is a
RunawaySlave and further de

ponent saith not

W.Williamson

Sworn to and subscribed before
me this 19th day of December 1849.

PeterPeter Justice
of the Peace

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There was committed to the common jail of Saint Louis Louis County
on the 13th day of December 1849 by PeterPeter WW Johnstone JohnstoneW Johnstone
a justice of the peace in and for said county as a
runaway slave a negro man who calls his name
David McFoyDavid McFoy about 40 years of age 1/2
a over the right has heavy
beardwhiskers has a wide space between
the upper font teeth as though one was out
had on when committed blue cloth coat &
pants Black wool hat shirt and
is suppossed to belong to the heirs of ThomasThomas F Brown FThomas F Brown BrownThomas F Brown
of Preston CountyPreston County VirginiaVirginia

St LouisSt Louis Dcbr 14th

LHMartin St Louis
County Jailor

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There was committed to the Common jail of St Louis County
on the 13th: day of December 1849 by PeterPeter .W
a justice of the Peace in and for said county as a run away
slave a negro man who calls himself his name DavidDavid McFoy
McFoyDavid McFoy - about 40 years of age 5 feet 10 1/2 inches- a
scar over the right eye- has heavybeard- wearswhiskers
has a wide space between the upper front teeth as though
one was out had on when committed blue cloth coat
and pants- black wool hat hickory shirt, and is supposed
to belong to the heirs of Thomas F BrownThomas F Brown of PrestonPreston CountyCounty St Louis
VirginiaVirginia

L. H. Martin
St LouisCounty St Louis County Jailor

St LouisSt LouisDec: 14th: 1849

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First advertisement by sheriff is same as within, except that
he is then called "ThomasThomas McClog. and it is not stated to what
estate he belongs- and that after the pants "" in the within
advertisement, thereis added in first the words, "Such as
soldiers wear:-

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To the Honorable Alexander HamiltonAlexander Hamilton Judge of
the St Louis Circuit CourtCircuit Court . St LouisSt Louis Country StateMissouri
of MissouriMissouri

The petition of David McFoyDavid McFoy respectfully
Sheweth

That he the said David McFoyDavid McFoy is a freeman,
that he was born a freeman in Westmoreland County
in the State of PennsylvaniaPennsylvania, that he has during his
entire life been a freeman of PensylvaniaPennsylvania, that he
has and herewith submits affidavits establishing
his citizenship according to the statute requirment
of the state of MissouriMissouri; but that at the instance of a
man calling himself by the name of WilliamWilliam Brown
BrownWilliam Brown he was on the 13th day of December 1849
arrested and taken before PeterPeter W JohnstoneW Johnstone one
of the justices of the Peace & c to whom the said so
called BrownBrown represented that your peitioner
was the property of the Heirs of one Thomas FThomas F Brown .
BrownThomas F Brown and that he the said William BrownWilliam Brown was
the administraiton of the estate of the said
F Brown that your petitioner was a runaway
slave and that he had ran away from PrestonPreston County
CountyPreston County in VirginiaVirginia in September 1848 and
that thereupon & at the instance of said WilliamWilliam Brown
BrownWilliam Brown you Petitioner was committed to the jail
of St Louis County as a runaway slave. That
it is the intention of said William BrownWilliam Brown to your
petitioner off out of the state & take him or sell him
into bondage and that he your peition is desirous
of commencing a suit for his freedom
And your petitioner further showing that he
is a poor man and unable to bear the expenses
of bringing and prosecuting a suit or action
against the said William BrownWilliam Brown for the

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establishment of his freedom prays your Hon.
Court to grant him permission to sue as a
poor person, and to secure to him such rights
and priveleges as may enable him to prosecute
successfully a suit for his freedom against
the said William BrownWilliam Brown , and particularly
that an order may be granted restraining him
the said William BrownWilliam Brown from removing him your
petitioner from the state of MissouriMissouri or out of the
jurisdiction of this good. Court. and to prevent
your petitioner being restrained of his reasonable liberty
in attending his counsel & this honorable court and that
an order may be made placing him your peti

tioner in the care & possession of the sheriff of
St Louis County the said William BrownWilliam Brown
being a non resident of the State of MisMissouri

souri.

David McFoyDavid McFoy
By his Atty
P A LaDue

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State of MissouriMissouri
County of St LouisCounty of St Louis Ss:

The above named David McDavid McFoy
Foy being duly sworn says that the above
petition and the matters and things therein
state are true

sworn to and subscribed
before me this 14th day of December AD 1849

PeterPeter W JohnstoneW Johnstone
Justice of the peace

D.. McFoy

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State of MissouriMissouri
County of St LouisCounty of St Louis
Ss

St Louis Circuit CourtCircuit Court
November Term 1849

On the reading and filing the petition and affidavit
of David McFoyDavid McFoy claiming to be a free kperson of
color and an due consideration thereof
Ordered that the said David McFoyDavid McFoy he admitted to
commence and prosecute the action mentioned
in said petition as a poor person

Ordered also that the said David McFoyDavid McFoy have reasona

ble liberty to attend his counsel and the court, as
occasion may require; that he be not removed
out of the jurisdiction of this our St LouisSt Louis Cir

cuit Court for St Louis County; and that he the
said David McFoyDavid McFoy be not subject to any severity
on account of this application for freedom.

Ordered also that the Sheriff of St Louis County
take possession of the said David McFoyDavid McFoy and hire
him out to the best advantage from time to
time during the of the said suit
and take a bond from the hirer payable to the
State of MissouriMissouri in the penalty of one thousand
dollars- in such form and
So conditioned as directed by the statute in such
cases made and provided

Test M S CerreM S Cerre Clerk

Dated the 14th day of December 1849

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Order

Filed Dec 14. 1849

M S CerreM S Cerre Clk

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DavidDavid McFoy McDavid McFoy Foy, Plaintiff
vs
William BrownWilliam Brown , Defendant

In the StCircuit Court
Louis CircuitCircuit Court
CourtCircuit Court April Term A.D. 1850 St Louis County to wit.

David McDavid McFoy Foy complains of william BrownBrown
in a plea of trespass for that the said
William BrownWilliam Brown on the 13th day of Decem ber A.D. 1849 at the city & County of st
Louis state of missouri with force and
arms assaulted the said DavidDavid McFoy McFoyDavid McFoy
and him then and there arrested or caused
to be arrested taken and impresoned
and restrained of his liberty and held
or claimed to hold him the said DavidDavid McFoy
McDavid McFoy Foy in servitude as the slave of the
estate of one Thomas F BrownThomas F Brown of which
said estate, he the said William BrownWilliam Brown
claimed to be the administrator against
the law of the land and against the will
of the said David McDavid McFoy Foy and against
the peace, he the said David McDavid McFoy Foy
being as he was being before the time
of his said arrest & imprisonment a
free person and that he was then and
is now a freeman of the state of PennsylvaniaPennsylvania
and that the said William BrownWilliam Brown held &
still holds him the said David McDavid McFoy Foy in
Slavery and thereupon he sues & c

DavidDavid McFoy McDavid McFoy Foy
By his attorney
P A.

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David McFoy
vs
William BrownWilliam Brown

Declaration

P. A Ladue
atty for plff.

Filed Dec 14th 1849

M.S.Cerres Clk

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To the Hon: Judge ChambersChambers ,
Judge of the County County
& State of MissouriMissouri

Your petitioner respectfully represents
that a certain slave, by nameDavidDavid ,
belonging to the estate of Thomas F BrownThomas F Brown
of VirginiaVirginia and of which estate your petitioner
is administrator and agent for the heirs of this
estate, and having control of the slave of said
Estate, is illegally confined and kept from
the Custody of your petitioner in the St Louis
County jail by virtue of a from
PeterPeter W. Johnstone, a Justice of the peace for
and within the county of St LouisSt Louis & state of MissouriMissouri
a copy of which has been demanded of the jailor and
refered, on the charge of being a run-away slave-

That said slave according to law ought to be
delivered to your petitioner and not confined in
jail. He therefore prays that the writ of Habeas
Corpus may issue, that the case may be investigated
and disposed of as prescribed by law.

Willian Brown

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said William BrownWilliam Brown , being duly sworn, says that the
things in the above petition stated are true.
Sworn to and subscribed
this 14th day of Dec: 1849
before

By Habeaus Corpus

To the Jailor of St Louis County Jail
you are here commanded to have the body
of the slave DavidDavid , in above petition mentioned
before me at the county Jail on this 15th: day of Dec: 1849. together with the case of his

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and your authority for the same in order that justice
and the law may be duly administrator in the
Sworn and subscribed to
before me this 14th day of December 1849
David Chambers
County CourtCircuit Court Justice

In obedience to the command of the above writ
I have here the body of the above named negro
DavidDavid who was committed to my custody on the
13th day of December 1849 as a runaway slave
on warrant from justice Johnstone, which
warrant is hereto annexed and made apart of
this my return this 15th December 1849

G H Jailor
of St Louis County

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DavidDavid McFoy McDavid McFoy Foy
vs
William BrownWilliam Brown

Motion to writ

Filed Decr 19. 1849
MM S Cerre .. SM S Cerre . CerreM S Cerre clk

C. Edmund LaBeaumeEdmund LaBeaume
Atty: for Dft

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DavidDavid McFoy McDavid McFoy Foy
vs
William BrownWilliam Brown

St Louis Circuit CourtCircuit Court
Nov: Term 1849

And the said defendant by his Atty
LaBeaume comes and moves the Court to
the writ the proceedings in above suit
brought to April Term of this court 1850, and give
said plaintiff into the of their defendant for
the following reasons: first, because said DavidDavid is both
against the law and equity in and cases made and
because said suit is improperly and illegally
instructed because the petition is not sworn to according
to law, and no costs for security given as given by the
statute; also because said suit is misguided in its
inception and will work manifest injustice and
if permitted to stand for trail at the next
Term of this court because said suit is brought
with no expectation of success but only for purposes
of delay and arrogance because there is not
a of either by proff or otherwise
that said plaintiff is free was born free And further
because said defendant is entitled to the
of said plaintiff as guardian of AdelineBrownBrown &
others and as administrator of the estate of ThomasThomas F Brown
F BrownThomas F Brown of Preston CountyPreston County VirginiaVirginia and because
this defendant in claiming said plaintiff as a slave
in the capacity aforesaid has fully complied with
the statute in such cases made and provided and
is still ready and willing to show to this honorable
court by not admitting of the shadow of a doubt
that he is entitled to the of said plaintiff
as a slave as aforesaid to wit as a slave of heirs
in the state of VirginiaVirginia

WilliamWilliam Brown BrownWilliam Brown
by his Aty: C.EdmundEdmund LaBeaume LaBeaumeEdmund LaBeaume

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William BrownWilliam Brown
vs
DavidDavid McFoy McDavid McFoy Foy

Before PeterPeter W.
Justices

was brought before the undersigned
Justice a Negro Man calling himself
DavidDavid McFoy McDavid McFoy Foy arrested as a runaway way Ne

gro

ThomasThomas Cartwright CartwrightThomas Cartwright being sworn say
that he knows the Negro DavidDavid that
he knew him in VirginiaVirginia and know him
to be a slave and that he is the property
of the heirs of ThomasThomas F Brown FThomas F Brown .BrownThomas F Brown says
he is not mistaken in his identify that
be knows him from his general ap

pearance his size and face, and from
his voice is positive he cannot be
mistaken

William BrownWilliam Brown being sworn says he is
the administrator of the estate ThomasThomas F Brown FThomas F Brown .
BrownThomas F Brown and Guardian for the children of said
BrownBrown that he has no interest in said Es

tate further than being administrator and
Guardian as aforesaid He knows DavidDavid
has known him since he was four
years old - he is a slave and belongs
to the estate of Thomas F. Brown late
of preston county VirginiaVirginia That the
said Negro man DavidDavid was hired out
about two years ago for the benefit of
said estate and that he ran away from
service I have no knowledge of any mark,
upon him - I know him well he has been
under my charge eleven years, while I

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was over seen for my father - I resident on the
next farm ten years afterwards I can
not be mistaken in the man for I have
known him from his infancy - he is
now about 40 years of age - if he has
any marks he has got then since he ran
away - I know I cannot be mistaken
for he was rasied with me and I know
him as well as I know any of my family
This Negro was willed by ThomasThomas F Brown FThomas F Brown
BrownThomas F Brown to the heirs of Thomas F BrownThomas F Brown
and I am guardian of said children

Officer Williamson stated that WilliamWilliam Brown
BrownWilliam Brown pointed out the Negro to him
as soon as he saw him when he was
arrested at his instance

I PeterPeter WW Johnstone JohnstoneW Johnstone Justice of the Peace
do hereby certify that the above is the
evidence produced before me an the
arrest of the Negro man DavidDavid and
upon which evidance I gave an order
to the office to deliver up the said
slave DavidDavid to BrownBrown or confine
him in the said of S LouisS Louis County
subjected to his order he paying all law

ful expenses

Given and certified this 20th day of December 1849

PeterPeter WW Johnstone .JohnstoneW Johnstone
Justice

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County of St.LouisCounty of St Louis, ss,
The State Of MissouriMissouri,

To WilliamWilliam Fine
Greeting:

You are hereby commanded, that setting aside all manner of excuse and delay, you appear be

fore our Circuit CourtCircuit Court , for the county aforesaid, on the 21st day of December
at 9 o' clock A. M. at the City, of St.Louis, then and there to
testify and the truth to say in a certain matter of controversy now pending in our said Court,
wherein David McFoyDavid McFoy is
plaintiff and William BrownWilliam Brown is
defendent on the part of the defendant
and herein you are in nowise to fail.

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witness, WilsonWilson Primm, Clerk of our said Court,
with the seal thereof hereto affixed, at office, in
the City of St.LouisCity of St Louis, this 20th
day of December in the year of our Lord
one thousand eight hunderd and forty nine.

M, S, Cerre Clerk, C.C.

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David McFoyDavid McFoy
vs
William BrownWilliam Brown

Subpoena
for
WilliamWilliam Fine on
the day police

Excuted
Louis LaBeaume Sheriff
By Leon Fremon dept
Service = 50cts

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[Notice For Taking Depositions.-Printed and Sold at the Reveille Office.]

David McFoyDavid McFoy
vs
William BrownWilliam Brown

St Louis Circuit CourtCircuit Court
April Term 1850

To P. A. LaDue Attorney for plaintiff

Take Notice, That on the first day day of April in the
year of our Lord one thousand eight hundred and fortyfifty between the hours of
eight o'clock in the forenoon, and five in the afternoon, of that day,
at the Town of Kingswood in the County of PrestonPreston
and state of VirginiaVirginia
depositions will be taken by the undersigned, to be read on the trial of the above entitled
case, on behalf of the defendant; and that the taking of said depositions, if not
completed on that day, will be continued from day to day, at the same place, and between
the same hours, until completed.

To the above named Attorney
P. A. LaDue

William BrownWilliam Brown
by his Aty: C.EdmundEdmund LaBeaume LaBeaumeEdmund LaBeaume

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[missing figure]

Served this notice in the County of St LouisCounty of St Louis on the
22nd day of December 1849 by delivering a copy thereof
to P A LaDue attorney for the within named
plaintiff.

LouisLouis T Labeaume TLouis T Labeaume .LaBeaumeLouis T Labeaume Sheriff
By LeonFremon dept

Service = 50 cts
paid by atty for deft

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[missing figure]

County of St. LouisCounty of St Louis, Ss.
The State Of MissouriMissouri,

To any Judge,Justice of the Peace, or other Judicial officer of the State ofState of Virginia VirginiaState of Virginia
Greeting:

Know Ye, that we, in confidence of your prudence and fidelity, do, by these presents, au

thorize you to cause to come before you, to be examined as witnesses in a cause depending in our
Circuit CourtCircuit Court for the County of St. LouisCounty of St Louis, in the State of MissouriMissouri, wherein DavidDavid McFoy McFoyDavid McFoy
is plaintiff and WilliamWilliam Browin
is defendant, all
and every such person, and at such time and place, as shall be named to you for that purpose by the
said William BrownWilliam Brown or his

Attorney or Agent. And we command you to examine all and every such person upon his oath or
solemn affirmation first made or taken before you, to testify the whole truth touching his knowledge of
any thing relating to the said matter in controversy between the said parties; and that you do take
such his examination, and reduce the same into writing. When you shall have so taken his examination,
you are to cause the witness to sign the same, and to that and each examination, at the foot thereof, you
are to append your certificate, setting forth the facts that the examination was subscribed and sworn to
or affirmed by the witness, and the day, as well as between what hours of the day, on which it was
done, as also the place of residence of the witness, if known to you. Should any paper or exhibit be
produced or proven, or referred to by the witness, you are to describe the same in his examination, or
cause it to be so marked by him, as to establish its identity,and attach the same to his examination.
The examinations thus taken you will cause to to be accompanied by a certificate of your official
character, attested by the seal of State; or,should it be more convenient, such authentication and proof
of your official character may be made by the certificate and seal of the clerk of any court of record
of any county of the State, District or Territory in which you reside, stating also, in addition to the
facts of his beging clerk and that the court is one of record, that, at the time when the depositions were
taken, you were an acting judge,(or other such officer to whom this commission is addressed,) and
duly commissioned as such. And you will eturn the same and all exhibits produced to you,annexed
hereto, carefully closed up amd under your seal, directed to the Clerk of the Circuit CourtCircuit Court in and for
the County of St. LouisCounty of St Louis, MissouriMissouri, with the names of the said parties litigant endorsed thereon, with all
convenient speed.

Witness, John RulandJohn Ruland ,MM S Cerre .SM S Cerre .CerreM S Cerre Clerk of our said Circuit CourtCircuit Court ,
at the city of St.LouisSt Louis, this twenty second day of
December in the year of our Lord one thousand
eight hundred and forty nine.

M, S Cerre Clerk C.C.

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[missing figure]

Opened & filed April 15. 1850

MM S Cerre .SM S Cerre .CerreM S Cerre Clerk

McFoy
vs
BrownBrown

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[missing figure]

No 37 apl T 1850
David McFoyDavid McFoy
vs
William BrownWilliam Brown

Plff asks
Commission to lake
Depo

P. A. LaDue
atty for plff.

Filed Feb 16. 1850

M. S. CerreM S Cerre Clerk

19 p 344
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[missing figure]
David McFoyDavid McFoy
vs
William BrownWilliam Brown

In the St Louis Circuit CourtCircuit Court to April Term 1850

The plaintiff by his attorney
at this day comes and prays the court that
a commission may be issued to take depo

sitions in this cause on the part of the plain

tiff in the State of PennsylvaniaPennsylvania.

P.A LaDue
atty for plff.

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[missing figure]

Sold at the Phoenix Printing office, No 112 North main Street, St.LouisSt Louis,Mo.

David McFoyDavid McFoy ,plaintiff
vs
William BrownWilliam Brown Defend

ant

In the Circuit CourtCircuit Court
for St Louis County
State of MissouriMissouri

To C. Edmund La Beaume, Atty of
the above named William BrownWilliam Brown You are hereby notified that depositions of
witnesses to be read on the trial of the above cause on behalf of
plantiff the said
David McFoyDavid McFoy will be taken at the office of Robert
Arthur,Esq in the city of PittsburghPittsburgh and state of PennsylvaniaPennsylvania
on the Second day of April in the year of our Lord one
thousand eight hundrerd and fifty between the hours of eight O'clock
in the forenoon and six O'clock in the afternoon of that day; and that the taking of said
deposition, if not completed on that day, will be countinued from day to day at the same place, and
between the same hours, until completed

St.LouisSt Louis, Feby 19th 1850

P A LaDue
atty for plff

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[missing figure]

Served this notice in the CountyCounty of St Louis
of St LouisCounty of St Louis on the 20th day of February 1850 by delivering a true
copy there of to C E LaBeaume

Louis TLaBeaume Shff

fee .50
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[missing figure]

David McFoyDavid McFoy
vs
William BrownWilliam Brown

Notice to take Depo
at PittsburghPittsburgh Apl 2nd 50

P.A LaDue
atty for plff.

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[missing figure]

Also came Alexander Turner of full age who
being duly sworn deposeth & says. he has known
DavidDavid for 30 years past & he belonged to ThomasThomas Brown
BrownThomas Brown deceased of the County of PrestonPreston and State ofState of Virginia
VirginiaState of Virginia & when he DavidDavid ran away he belong

ed to the heirs of Thomas F BrownThomas F Brown of the county
and State aforesaid it has been about 2
years & 6 months sinceDavidDavid ran away
says DavidDavid was stoop shouldered & shook his head
when talking & when walking rested his head
on his breast had a down look, he had
an open space in his upper front teeth
his forehead was considerably bald he had
a thick black beard- & was a dark copper
color- & he could read very well- says he DavidDavid
was about 5 feet 10 or 11 inches high & he DavidDavid
was thin visaged and spare made-
And further says. that William BrownWilliam Brown has been overseer
of said DavidDavid for - some 24 years-
And further this Deponent saith not-

Alexander Turner

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[missing figure]

I certify that the above deposition was sworn to
and subscribed by Alexander Turner or the Court
House in KingwoodKingwood Preston CountyPreston County VirginiaVirginia
about the hour of 2 O clock P M of the first day of April 1850 witness lives in PrestonPreston
county VirginiaVirginia Given under my hand the
1st day of April 1850

Israel Baldwin J. P.

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[missing figure]

Thomas Cartwright called again & sworn says-
DavidDavid told him witness, while in jail in St LouisSt Louis
that the got the scar on his Knees & legs by falling
off of a building in PittsburghPittsburgh in the
fall of 1847 & witness witness the scars- & further
this Deponent Saith not-

Thomas CartwrightThomas Cartwright

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[missing figure]

I certify that the above deposition was sworn to
and subscribed by Thomas CartwrightThomas Cartwright at the court
House in KingwoodKingwood PrestonPreston county VirginiaVirginia
about the hour of 2 O clock P M of the first day of April 1850- Witness lives in
County VirginiaVirginia - Given under my hand This
1st of April 1850

Israel BaldwinIsrael Baldwin - J P

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[missing figure]

Also cameZephaniahTurnerTurner of full age who being duly
sworn deposeth and says I have known DavidDavid 30 years
or more. & that he belonged to ThomasThomas Brown BrownThomas Brown of Preston CountyPreston County
VirginiaVirginia & that since then he belonged to the heirs of ThomasThomas F Brown
F BrownThomas F Brown Decd., says DavidDavid was above 5 feet 10 1/2 inches
high & said DavidDavid on a fight with the negroes of Col,Fairfax
wasstruck above the right eye which left a scar says
he was a dark copper color with heavybeard & a high
baldforehead & there was a vacancy between his upper
front tooth And further This deponent saith not

ZephaniahTurnerTurner
his mark

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[missing figure]

I certify that the above deposetion was sworn to & subscribed
by ZephaniahTurnerTurner at the Court House in KingwoodKingwood
PrestonPreston county VirginiaVirginia about the hour of 2 1/2 P M of
Monday the 1st day of April 1850 Witness lives in
Preston CountyPreston County VirginiaVirginia into Given under my hand
This1st day April 1850

Israel BaldwinIsrael Baldwin J P

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[missing figure]

Also came Henderson B Zinn of full age who being
duly sworn deposeth & says- I have been
with a negro man named DavidDavid belonging to Thomas BrownThomas Brown
deceased of Preston CountyPreston County VirginiaVirginiasince the since of ThomasThomas Brown
BrownThomas Brown belonged to the heirs of Thomas F BrownThomas F Brown deceased
says DavidDavid was a copper colored negro rather dark
& was nearly six feet high & a tolerablyheavy beard &
there was a considerable space between his upper front
teeth, witness says that he knew William BrownWilliam Brown was overseer
of saidDavidDavid a number of years & says said DavidDavid
has a long swinging walk & was somewhat stoopshouldered
& when he walked his head drooped on hisbreast

Henderson B Zinn

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[missing figure]

I certify that the above deposition was sworn to and
subscribed by Henderson B Zinn at the CourtHouse
in KingwoodKingwood Preston CountyPreston County VirginiaVirginia about the hour
of 3 O clock P M of the 1st day of April 1850
Witness lives in PrestonPreston County CountyPreston County VirginiaVirginia Given under
my hand This 1st day of April 1850

IsraelIsrael Baldwin BaldwinIsrael Baldwin J P

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[missing figure]

Also came Ashford Brown of full age who being duly
sworn deposeth and says- I have known a black belonging
belonging to Thomas BrownThomas Brown deceased & since the death of
Thomas BrownThomas Brown he belonged to Thomas F Browns heirs
said negro then called himself David Harris but generally
known by the name of Dave witness recollects a scar
over one of his eyes butdoes not recollect which
thinks he was about 5 feet 11 inches high & had a
tolerably heavy beard & had rather a thin visage
high cheek bones & was rather a dark copper color
witness says he understood DavidDavid obtained the Scar
above his eye from a club in a fight with the
negroes of Col,Fairfax & witness thinks that DavidDavid
had a highbald forehead which run back on each
side of his hand. Witness supposes DavidDavid Would
about about 160 or 165 lbs., rather sparsely made
Witness says he knows of William BrownWilliam Brown being overseer
of said DavidDavid for a number of years & would have
a good opportunity of knowinghim but cannot state
defenitely how long- Witness sys DavidDavid was of
quick speech & takedprettymuch after the [ Tuckeyhoe ]Fashion
And further this deponent saith not

Ashford Brown

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[missing figure]

I certify that the above deposition was sworn &
subscribed by Ashford Brown at the Court House
in KingwoodKingwood Preston CountyPreston County VirginiaVirginia about the hour
of 3 O clock P M of the 1st day of April 1850
witnesslives in Preston CountyPreston County VirginiaVirginia- Given
under my hand this1st April 1850

IsraelIsrael Baldwin BaldwinIsrael Baldwin J P

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[missing figure]

Also cameGeorge BrownGeorge Brown of full age who being duly
sworn deposeth and says- I have known a negro
man named DavidDavid belonging to Thomas BrownThomas Brown decd., of
Preston CountyPreston County VirginiaVirginia & since belonging to the heirs
of Thomas F BrownThomas F Brown deceased some 42 years past
until the time he ran away saysDavidDavid is some
5 feet 10 inches high & of a dark copper color his
upper front teeth were a good deal open he had
a scar above his right eye & a Scar on his head
think on the left side but is notpostive thin visage
and slender built man

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[missing figure]
witness says he was overseer of saidDavidDavid some 10
years witness also says that William BrownWilliam Brown after
wards took said negro & was oveseer of him some
11 years & was well acquainted with him of that he
could not possibly be mistaken in identifyinghim as
he had the best of opportunities of knowing him
and further this deponent saith not-

George BrownGeorge Brown

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[missing figure]

I certfy that the above deposition was sworn to
and subscribed by George BrownGeorge Brown
at the Court House in Kingwood
VirginiaVirginia about 3 1/2 O clock P.M. of the 1st day of April 1850. witness resides in PrestonPreston
county Given under my hand
this1st of April 1850

Israel BaldwinIsrael Baldwin - J.P.

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[missing figure]

VirginiaVirginia
I John P ByrnsJohn P Byrns to Clerk of the County CourtCircuit Court of PrestonPreston
in the state of VirginiaVirginia being a Court of record, do hereby certify
that Israel BaldwinIsrael Baldwin esqs is one of the acting Justice of the
peace in and for said County duly commissioned & qualified as
such and that the foregoing signatures are his done in my
Presence

In testimony whereof I have hereunto set
my hand and affixed the seal of said Court
at KingwoodKingwood at his first day of April 1850

John P ByrnsJohn P Byrns

[missing figure]
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[missing figure]

County of St. LouisCounty of St Louis, ss.
The State Of MissouriMissouri,

To Wm J. Williamson
Greeting:

You Are Hereby Commanded, that setting aside all manner of excuse and delay,
you appear before our Circuit CourtCircuit Court for the County aforesaid, on the sixth day of March 1857 at the City of St. LouisCity of St Louis, then and there to
testify, and the truth to say in a certain matter of controversy now pending in our said Court,
wherein DavidDavid McFoy McDavid McFoy Foy is
plaintiff and WilliamWilliam Brown BrownWilliam Brown is
defendant on the part of the defendant
and herein you are in no wise to fail.

Witness, Michael S. CerreMichael S Cerre , Clerk of our said Court,
with the seal thereof hereto affixed, at office, in the
City of St. LouisCity of St Louis, this fifth day of
March in the year of our Lourd one
thousand eight hundred and fifty one

MM S Cerre .S. CerreM S Cerre Clerk, C.C.

[missing figure]
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[missing figure]

David McFoyDavid McFoy
vs
William BrownWilliam Brown

subpoenaWmWilliamson
for dft

Executed March 7th 1851

H BBelt Sheriff
by Geo S. Dept

fee $ 50
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[missing figure]

David McFoyDavid McFoy
vs
William BrownWilliam Brown

Mo. to Suppress
depositions

filed March 1st 1851

M S CerreM S Cerre Clk

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[missing figure]
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[missing figure]

The [ folowing ] depositions were taken
by me IsraelIsrael Baldwin BaldwinIsrael Baldwin a Justice of the
peace in and for the county of PrestonPreston
and state of VirginiaVirginia at the court
house in the town of KingwoodKingwood in the
county aforesaid by virture and in per

suance of the [ anexed ] commission
and notice said depostitions were severally
taken he between the hours of eight o clock
A.M. and five O clock P M. on this
the first day of April 1850 said dep

ositions to be read on the trial of
the cause of David McFoyDavid McFoy against WillWill

iam BrownBrown now pending in the
Circuit CourtCircuit Court for the county of St Lo

uis state of MissouriMissouri

first came John PJohn P Byrns ByrnsJohn P Byrns who was
duly sworn who deposeth and said that the
witness was acquainted with a black
man called DavidDavid owned by ThomasThomas Brown
BrownThomas Brown decd, and was willed in the will
of said BrownBrown to his grand children
heirs of that F Brown Witness drew
the will of said Thomas BrownThomas Brown a
true copy of which is hereunto announced
marked A. David named in the seventh
provision of said will was at the date
of said will about 36 years old fine
but some ten or eleven in his high
he had a scaroverone of his eyes
and had a space between his upper front
teeth witness further saith that said
DavidDavid was hired out to a man

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[missing figure]
by the name of Grub and ran
away since which witness knows no
thing about said negro
and further saith not

John P ByrnsJohn P Byrns

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[missing figure]

I do certify that the above deposition was
sworn to and subscribed by said John PJohn P Byrns
ByrnsJohn P Byrns at the court house in KingwoodKingwood
Preston CountyPreston County VirginiaVirginia at about the hours
of ten o clock A.M on the first day of April 1850 witness in the clerk of C
the county court of PrestonPreston aforesaid
and resides near the said town of Knig
wood witness my hand this the 1st April 1850

Israel BaldwinIsrael Baldwin - J P

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[missing figure]

Then cameSamuelSamuel B. Brown of full age who being
duly sworn deposeth and says he has been acquainted
with black man named DavidDavid owned by Thomas BrownThomas Brown
before his death & since owned by the heirs of Thomas F BrownThomas F Brown
dead some 40 years says black man had an open
space in his upper front teeth and had a swinging
walk says DavidDavid was dark copper [ collered ] man. some
5 feet ten or eleven inches high & bald about the fore
head DavidDavid had a black heavy beard & could read
and wrote a tolerable amount for spelling badly saidDavidDavid
was hired to a man by the name of Grub & afterwards
to one JacobJacob Smell from whome he ran way about 2 years
and 6 months ago. And further this Deponent saith not

SamuelSamuel B Brown

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[missing figure]

I do certify that the above deposetion was sworn to
and subscribed by said SamuelSamuel B Brown at the

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[missing figure]

Court House in KingKing woods Preston CountyPreston County VirginiaVirginia
about the hour of 12 O clock M. on the first day of April 1850. witness is a son of said Thomas BrownThomas Brown
deceased of said County & resides in the County of PrestonPreston
State of Virginia . Witness my hand this 1st April 1850

IsraelIsrael Baldwin BaldwinIsrael Baldwin J.P.

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[missing figure]

Also came. Thomas B. Johnson of full age who being sworn
deposith & says- he has been acquainted with
DavidDavid , a black man of Thomas BrownThomas Brown deceased &
owned at the time he ran away by the heirs of Thomas
F. Brown some 40 years past. he DavidDavid had a scar
over his right eye he is a darkcopper colored negro
he had an open space in his upper front teeth
& had a dark heavybeard- says he DavidDavid , was
about 5 feet 10 or 11 inches high & some what stoop
shouldered- And further this deponent saith not says
that DavidDavid was hired to a man by the name of
in county VirginiaVirginia & that afterwards
and at the time he ran away he was hired to one
JacobJacob Smile, of the county & state last aforesaid
And further this Deponent saith not

ThomasThomas B. P Johnson
his mark

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[missing figure]

I do certify that the above deposition was sworn
to and subscribed by said Thomas B Johnson
at the CourtHouse inKingwoodKingwood Preston CountyPreston County
VirginiaVirginia about the hour of 12 1/2 O clock P m
on the first day of April 1850. Witness resides
on Preston CountyPreston County and State of VirginiaState of Virginia
Given under my hand this1st day of April 1850

Israel BaldwinIsrael Baldwin - J. P.

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[missing figure]

Also came ThomasThomas Cartwright CartwrightThomas Cartwright of full age who being
duly sworn depsith and says, he know DavidDavid a
negro belonging the Thomas BrownThomas Brown deceased about
12 years age said Cartwright is grandson of said
Thomas BrownThomas Brown & says he knew DavidDavid since he was
willed to the heirs of Thomas F. Brown & when he was
hired to Grub & Smell of Monongalia County VirginiaVirginia
and that he knew nothing of him from the time he
ran away till the 13 day of December November last when
he saw him working on the levee at St. LouisSt Louis
Witness says about 30 yards off he knew DavidDavid by his
manners hisvoice- & his stoopedshoulders- says he knew
DavidDavid had a heavybeard when he knew him in
VirginiaVirginia- When DavidDavid was arrested in St LouisSt Louis
he told witness that he belonged was the same
slave, as stated by the officer who arrested him &
witness says he was arrested as the slave of Thomas
F Brown's heirs- and asked witness to buy him &
said he would be a good slave. and work out his
time- witness says when he was arrested he asked officer
WilliamWilliam Fine for ink & paper- Witness says he DavidDavid
is 5 feet ten inches & a half high
& further this Deponent saith not-

Thomas CartwrightThomas Cartwright

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[missing figure]

I certify that above deposition was sworn to and subscribed
by Thomas CartwrightThomas Cartwright at the Court House in KingwoodKingwood
Preston CountyPreston County VirginiaVirginia about the hour of 1 O clock P.M
of the 1st day of April 1850. Witness lives in
Monongalia County VirginiaVirginia Given under my
hand this1st day of April 1850

Israel BaldwinIsrael Baldwin - J.P.

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[missing figure]

County of St. LouisCounty of St Louis,
ss.
State Of MissouriMissouri,

To any Judge of the Peace, or other Judicial officer of the state of the state of PennsylvaniaPennsylvania
or to any Commissioner of the state of MissouriMissouri within the
state of PennsylvaniaPennsylvania Greetings

Know ye, that we, in confidence of your prudence and lidelity, do, by these presents, authorize
you to cause to come before you, to be examined as witness in a cause pending in our Circut CourtCircuit Court
for the county of St. LouisSt Louis, in the State of MissouriMissouri, wherein
DavidDavid mc
Foy is plaintiff, and WilliamWilliam Brown
BrownWilliam Brown is defedant, all
and every such person, and at such time and place, as shall be named to you for that purpose by the
said McFoy or his
Attorney or Agent. And we command you to examine all and every such person upon his oath or
solemn affirmation first made or taken before you, to testify the whole truth touching his knowledge of
any thing relating to the said matter in controversy between the said parties; and that you do take
such his examination, and reduce the same into writing. When you shall have so taken his examination,
you are to cause the witness to sign the same,and to that and each examination, at the foot thereof, you
are to append your certificate, setting forth the facts that the examination was subscribed and sworm to
or affirmed by the witness, and the day, as well as between what hours of the day, on which it was
done, as also the place of residence of the witness, if known to you. Should any paper or exhibit be
produced or proven, or refferd to by the witness, you are to describe the same in his examination. or
cause it to be so marked by him, as to establish its identity, and attach the same to his examination.
The examination thus taken you will cause to be accompanied by a certificate of your official character,
attested by the seal of the State; or, should it be more convenient, such authentication and proof of
your official character may be made by them by the certificate and seal of the clerk of any court of record of
any county of the State, District or Territory in which you reside, stating also, in addition to the facts
of his being clerk and that the court is one of record, that, at the time when the deposition were
taken, you were an acting judge, (or other such officer to whom this commission is addressed,) and
duly commissioned as such. And you will return the same and all exhibits produced to you, annexed
hereto, carefully closed up and under your seal, directed to the Clerk of the Circuit CourtCircuit Court in and for
the county of St.LouisSt Louis, MissouriMissouri, with the names of the said parties litigant endorsed thereon, with all
convenient speed.

[missing figure]
Witness, Michael S. CerreMichael S Cerre , Clerk of said Circuit CourtCircuit Court , at the
city of St.LouisSt Louis, this fourth day of
April in the year of our Lord one thousand
eight hundred and fifty one.

M S CerreM S Cerre Clerk C.C.

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[missing figure]
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[missing figure]

Sold at the Phoenix printing Office, No 112, North Main Street, St.LouisSt Louis, Mo,

David McFoyDavid McFoy plantiff
vs
William BrownWilliam Brown Defendent

In the St. Louis CircuitCircuit Court
CourtCircuit Court, St. Louis County
State of MissouriMissouri,

To The Above Named William BrownWilliam Brown , deft. or to C. EdmundEdmund LaBeaume
LaBeaumeEdmund LaBeaume , his attorney You are hereby notified that depositions of
witness to be read on the trial of the above cause on behalf of said plantiff,
David McFoyDavid McFoy , will be taken at the office of Robert
Arthur esqr in the city of PittsburghPittsburgh and state
of PennsylvaniaPennsylvania.
on the 9th day of may in the year of our Lord one
thousand eight hundred and fifty one between the hours of eight 'o' clock
in the forenoon and six in the afternoon of that day; and that the taking of said
depositions, if not completed on that day, will be continued from day to day at the same place, and
between the same hours, until completed,

St.LouisSt Louis9th April 1857.

P. A. LaDue
atty for plff.

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[missing figure]

DavidDavid McFoy McFoyDavid McFoy
vs
Wm Brown

Notice to take Deft

C. E. LaBeaume
atty
cor 2nd &Olive

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[missing figure]

Served this Notice in the County of Saint LouisCounty of Saint Louis
this 9th day of April 1851 by delivering to C
EdmundEdmund LaBeaume LaBeaumeEdmund LaBeaume the attorney for defendant
a true copy thereof.

50 c

HenryHenry B Belt Sheriff
By RobtRobt Peyinghausdpty

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[missing figure]

Sold at the Phoenix Printing Office, No 112, North Main Street, St.LouisSt Louis, Mo

David McFoyDavid McFoy , Plaintiff
vs
William BrownWilliam Brown , Defendant

In the St Louis CircuitCircuit Court
CourtCircuit Court St Louis County
State of MissouriMissouri

To The Above Named William BrownWilliam Brown deft. or to C EdmundEdmund LaBeaume
LaBeaumeEdmund LaBeaume his attorney-
You are hereby notified that depositions of
witnesses to be read on the trial of the above cause on behalf of said Plaintiff
David McFoyDavid McFoy will be taken at
the office of
Robert Arthur, Esqr, in the city of PittsburghPittsburgh
and state of PennsylvaniaPennsylvania
on the 9th day of may in the year of our Lord one
thousand eight hundred and fifty one between the hours of eight O clock
in the forenoon and six in the afternoon of that day; and that the taking of the
depositions, if not completed on that day, will be continued from day to day at the same place, and
between the same hours, untill completed

St.LouisSt Louis, 9th April 1851

P.A.
Atty for plaintiff.

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[missing figure]

David McFoyDavid McFoy
vs
Wm Brown

Notice to take
Depos.

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[missing figure]
David McFoyDavid McFoy plaintiff
vs
William BrownWilliam Brown defendant

In the St Louis CircuitCircuit Court
CourtCircuit Court April Term 1850. St Louis County

The defendant states that he did cause the above
plaintiff to be arrested and imprisoned and
of his liberty on the 13th day of December 1849
at the city and county of St LouisSt Louis and state of
MissouriMissouri, that he did claim and does still
claim the said plaintiff to be the slave of
the estate of Thomas F BrownThomas F Brown of which he
the said defendant is is administrator, and Guardian
of the minor children of said Thomas F BrownThomas F Brown
to wit, that he is guardian of Adaline Brown,
Buckner B Brown William T.Brown Charles
Brown Abigail S Brown and Chloe
Brown, that he the said defendant was appointed
guardian of said children at a monthly
Term of the County Court of Preston County
state of VirginiaVirginia held on Monday the 14th of October 1844. as will appear by a duly certified
copy of his appointment filed with this answer
and marked (A) that said is the
slave of said minor children aforesaid and that
he the said defendant has the control of him
the said plaintiff as administrator of the estate
of Thomas F BrownThomas F Brown deceased and guardian
of the children aforesaid, that said plaintiff
a slave for life was willed by name byThomasThomas Brown
BrownThomas Brown to the aforesaid minor children
by will dated the 26th: of June A. D. 1843
that said plaintiff is not and never was
a free person that he the said plaintiff is not andnever
was a freeman of the state of PennsylvaniaPennsylvania.

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that he was on the contrary born a slave in
the county of Prince WilliamWilliam in the state of PennsylvaniaPennsylvania
and run away from service from the County of
Monongalia state of VirginiaVirginia and that according
to the laws of the land the said plaintiff is still
a slave for life and is the property of the afore

named minor childern for when he is
guardian and agent and in that capcity
claims control and of said plaintiff

William BrownWilliam Brown
by his AttyLaBeaume & Hall
William BrownWilliam Brown , defendant makes oath and
says that the above answer and matters therein
as stated he belives, are true.

Sworn to and subscribed
before me this 18th April 1850. WilliamWilliam Brown BrownWilliam Brown

MM S Cerre . SM S Cerre .CerreM S Cerre clk

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57
DavidDavid McFoy McDavid McFoy Foy
vs
William BrownWilliam Brown

Answer of Dft

Filed 18st April 1850

M. S. CerreM S Cerre Clk

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County Of St.LouisSt Louis, Ss.
The State Of MissouriMissouri,

To Thomas Cartwright & Brown
Greeting:

You Are Hereby Commanded, that setting aside all manner of excuse and delay,
you appear before our Circuit CourtCircuit Court for the County aforesaid, on the thirtieth dayof April 1851 at the City of St.LouisCity of St Louis, then and there to tes
tify, and the truth to say in a certain of controversy now pending in our said Court,
wherein David McFoyDavid McFoy is
pliaintill and William BrownWilliam Brown is
defendant on the part of the defendant
and herein you are in no wise to fail.

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Witness, Michael S.Cerre, Clerk of our said Court,
with the seal thereof hereto affixed, at office,
in the City of St.LouisCity of St Louis, this 29th
day of April in the year of
our Lord one thousand eight hundred and
fifty one.

M Cerre Clerk C.C.

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McFoy
vs
BrownBrown

Subpoena
Cartwright & Brown
Excuted this writ in
the County of St LouisCounty of St Louis
this 29th day of April 1857 it to
the within named
is

HenryHenry B Belt
Sheriff
By RR Dowling DowlingR Dowling
Deputy
Fee $ 1.00

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the witnesses live at william was about a half
of John KJohn K Walkers

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Allegheny County,
State of PennsylvaniaPennsylvania,
ss.

I Hays Prothonotary of the Court of Common
Pleas in and for the County of Allegheny in the Commonwealth of
PennsylvaniaPennsylvania, the same being a Court of Law and Record, do by these
presents certify, that NN Buckmaster BuckmasterN Buckmaster
Esqurie, before whom the foregoing depositions were
taken, and who has thereunto, in his own proper handwriting, subscribed
his name, was at that time, and now is, an alderman of the
City of Pittsburgh officer
an acting Justice of the Peace, in and for the said county, duly commissioned and sworn, and authorized
by law to take depositions & to all whose acts, as
such, due faith and credit are, and of right ought to be given, throughout the United StatesUnited States and
elsewhere.

In Testimony Whereof, I have hereunto set my hand, and affixed the seal of the said Court,
at PittsburghPittsburgh, in the said county, this Thirteenth day of May
in the year of our Lord one thousand eight hundred and fifty one and of the sov
ereignty and independence of the United StatesUnited States of AmericaAmerica, the seventy-fifth.

Attest:

Hays

Prothonotary.
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Deposition of witness produced sworn and
examined before N. Buckmaster an Alderman in
and for the city of PittsburghPittsburgh at the office of Robt.
Arthur Esqr. in said City on Friday & Staurday the
9th and 10th of May between the hours of eight
O C. in the forenoon & six O clock in the afternoon of said
days in pursuance of a notice proceeding out of the
St. LouisSt Louis Circuit court of St Louis County and notice to
the Defts. atty and which is hereto attached to be read
in the trial of a cause depending in said Court
in which David McFoyDavid McFoy is Plaintiff & William BrownWilliam Brown
is Defendant on the part of the Plaintiff.

John Thornton a witness on part of the Plaintiff
and of lawful age- & who resides in Allegheny
city being by me first duly sworn doth depose
and say-

I am fifty five years of age- and
am acquainted with a man named
David McFoyDavid McFoy - Have known him since he was
a child- I should think be was about four
years old when I first knew him he was born
in the State of MarylandMaryland- I knew his parents
His mother- was a free woman- her name was
Lizzy HarrisHarris - that was her maiden name- His
fathers name was David McFoyDavid McFoy - he was a
freeman also- I was well acquanted with
the whole family- David McFoyDavid McFoy - moved from
MarylandMaryland to Westmoreland county PennsylvaniaPennsylvania
about twenty five years ago- The Plaintiff DavidDavid McFoy
McFoyDavid McFoy Continued to reside in Westmoreland
County until about five years since- when
he removed to PittsburghPittsburgh- after he came to

Buckmaster

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Pittsburgh he commenced on the river
as a fireman on Steam Boats- While the Plff.
David McFoyDavid McFoy lived in Westmoreland County he
bore a good character & taught school he came
there highly recommended- he taught a coloured
school- I should think he was about
forty years old- I should think that he
is about six feet high- rather spare build
his colour a dark brown- clean limbed-
I mean by dark brown- That he was of African
or negro Extraction- His father & mother both being
of African decent- It has been about
two years since I saw him- he was then
running on a steam Boat I think as a
fireman - I know that he was a
freeman & never was a slave. and further
saith not.

witness
N BuckmasterN Buckmaster .

his John Thornton
mark

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Sarah Scott of lawful age being first duly
sworn doth depose & say

I am about fifty two years
of age and live in the seventh ward
of the city of PittsburghPittsburgh - I know the
. David McFoyDavid McFoy have known him some
six years or thereabout- He worked a good
deal for me in chopping wood & forming
business- I always understood that he
came from Westmoreland County Pennsylvania
He always passd as a freeman and I never
[ new ]- it to be doubted- he acted always

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as a freeman- had no actions like a slave-
after he quit working for me he went upon
the river as a fireman- he run a good
with my sons who run on the River as
fireman also - He run on the north river & the
American star- and other Boats- Which I dont
remember- I should think it was about
two years since I saw him- The Plaintiff
David McFoyDavid McFoy was in person about six feet
or may be a little over- sparebuild from his feet
to his hips- from that pretty heavy bodied- round
shouldred- his colour was dark- was little
burned in the face with powder which made
some spots on the face darker than the general
colour- was darker about the eyes- His age
I should judge to be forty or perhaps a
year or two over that- There are some
scars about his head- and little bald headed
a scars over one of his eyes- cant now remember which
eye- some scars on the back part of the head & I
think some on the front- He was always con

sidered & reputed to be a freeman -
amd further this deponant saith not

Witness
NN Buckmaster BuckmasterN Buckmaster

her
Sarah Scott
mark

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Here the taking of the deposition continued
till the 10th last at & between the same hours
an account of the inability of the NN Buckmaster BuckmasterN Buckmaster ,
Plff to procure the attendance of the witnesses
Friday9th May 1851

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Saturday 16th May 1851
JamesJames Newton of Lawful age being first duly
Sworn doth depose & say

I am fifty four years of
age and reside in the seventh ward, city of
PittsburghPittsburgh I am acquainted with David McFoyDavid McFoy
the Plaintiff- I have known him for about five
years- When I first knew- him he was living in
the country with Sarah Scott working on a
farm about three years ago, he came to the
city & I employed him in the business of
washing & smoking meat He had lived in
the city before this- I think he worked
four or five weeks for me that season and
the next season I employed him again

after he left work for me he went to work
on a steam Boat- I think it is going on
two years since he left me and went down
the river- I have not seen him since he
came to me as a freeman- and always passed
as such- and I never heard any thing
to the contraryuntil I heard of this report
of his bring in prison- I should consider
that he was six feet high rather slender

man- he was rather a brown coloured not
black - rather round or stoopshouldered
when he walked- I should think him
to be at this time about forty years
of age

Witness
Buckmaster

his JamesJames Newton
mark

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City of Pitts Burgh & State of PennsylvaniaPennsylvania

I NN Buckmaster BuckmasterN Buckmaster an alderman
in & for said city & Ex officeo a Justice of the
Peace in & for the County of Allegheny do
hereby certify that the foregoing witnesses were by
me duly sworn to testify the whole truth touching
their knowledge of thing relating to the said
matter in controversy and that after said testimony
was taken down in writing, at the time, be me
they did, after hering did read over to them, sign
their respective depositions in my presence.
In testimony whereof I have hereunto set my hand
and seal this 10th day of May AD 1851

NN Buckmaster . BuckmasterN Buckmaster

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Ald& J.P.

PittsburghPittsburghMay 10th 1851

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County of Allegheny.

I WilliamWilliam B.McClure,
President Judge of the Court of Common Pleas
of Said County do hereby certify that George,
J.Hays who made the foregoing Certificate is
and was as the time of making the same Prothonotary
of the said Court of Common pleas.

In testimoney whereof I have hereunto
subscribed my name this
day of May 1851.

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David McDavid McFoy Foy
vs
Mr BrownBrown

Detfor plantiff

openedfiled
May 22nd 1831

M. SM S Cerre . CerreM S Cerre Clk.

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David McFoyDavid McFoy
vs.
William BrownWilliam Brown

In the St Louis CircuitCircuit Court
CourtCircuit Court Nov. Term 1851.
St Louis County, to wit:

Now at this day comes the plaintiff
and moves the court to suppress the
depositions so called claimed to have been
taken in this cause by defendant for the
reasons:

1. That there was no notice, as required by law
of the time and place of taking the so called
depostitions served upon plaintiff or his
attorney.

2.That, Plaintiff had no sufficient notice
of the taking said so called depositions.

3. Because the certificate of the officer before
whom the so called depostitions purport to
have been taken is not in conformity to law

4 Because the so called depositions were
not reduced to writing & taken as requir
ed by law in the presence of the offi
cer taking there proper officer and
taken in accordance with the law.

5 Because the witnesses were not sworn or
affirmed in accordance with the law

LaDue & Shrere
attys for plff

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