Patsy Curd vs. William H. Barksdale
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1850 pled 20 May 1850 overruled 20p 258

Trial20. p. 342 verdict. for plff. March 6th 1851. 20 p. 343.

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No 1.

Saint Louis Circuit CourtCircuit Court
April Term 1850

Patsy CurdPatsy Curd
vs
summons
WilliamWilliam HH Barksdale BarksdaleH Barksdale

Pet for freedom


issued Nov 6th 1849

M S.Cerre Clk

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St LouisSt LouisMo5 Nov 1849

that PatsyPatsy Curd
CurdPatsy Curd the within petitioner
to sue as a poor person for the freedom of herself
& her two children therein named that sheshall
have reasonable liberty to attendhercounsel
& the courtas may require that neither
shenorherchildrenhereinnamed be
of the jurisdiction of the Court
and that they be not subject to any sever
ity on accountof her and their applic
ation for freedom
attest M S.Carre Clk

A Horeseltero Judge 8
Judicial Curcuit

$ 2 1 $ 3 due
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Executed this wit in the County of St LouisCounty of St Louison
the 6th day of November 1849 1st by reading the order to
WilliamWilliam HH Barksdale BarksdaleH Barksdale the "within named dependant
Executed by delivering a certified copy of the petition
an a true copy of the summons to WilliamWilliam HH Barksdale
BarksdaleH Barksdale the said depend

Louis J Labe.Shff
By

fee $
$ 2.00
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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 WilliamWilliam HH Barksdale .
BarksdaleH Barksdale that he be and
appear
before the Judge of our Circuit CourtCircuit Court , on the first day of the
next term therof, 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
Patsy CurdPatsy Curd of her Petition for free
dom here to
And have you then there this Writ.

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Witness. Micheal S. Cerre, Clerk of said
Court with the seal thereof hereto affixed, at
office in the city of St. LouisSt Louis, this
6th day of Novr in the year of our Lord eighteen hundred and forty nine

M.S.Cerre

Clerk I acknowledge myself bound for all costs that may accure in the above cause.
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Witness my hand an seal at St. LouisSt Louis, this day of
18
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Patsey Curd
vs
Defts answer
WmWilliam H Barksdale HWilliam H Barksdale BarksdaleWilliam H Barksdale

Filed April 22d 1850

M. S. Cere clk

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PatsyPatsy Curd CurdPatsy Curd
vs
WmWilliam H Barksdale HWilliam H Barksdale .BarksdaleWilliam H Barksdale

Petition for freedom

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Filed Nov 6th 1849

M S CerreM S Cerre Clk

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PatsyPatsy Curd CurdPatsy Curd Plaintiff
vsWilliamWilliam H BarksdaleH Barksdale defendant

In the circuit
Court of
nov Term 1849
St Louis County

Plaintiff states that she is now held in bondage as
his absoulte slave, by defendant and that she is entitled
to her freedom

And plaintiff further declares that inasmuch as she was
free, being I illegally held in slavery at the
time that her two childern RobertRobert aged about six years
and Yamima aged about ten years were born, they are
also free

plaintiff further declares that
for five years she lived in the state of OhioOhio with the per
mission & in the capacity of house servant for her then
master Dr IsaacIsaac Curd CurdIsaac Curd

That this occured about eighteen years ago
that then that she was entitled to her freedom she was
prevented from it, by the fact (as she is informed
& believes) she was bound in apprenticeship agreably
to the laws of OhioOhio to serve the said DrCurd until she
should have attained the age of twenty one years
that she has long since attined this age but she and her
childern are still in servitude she therefore prays
that judgment be rendered in her favor that she
&her two childern Robert &Yemima be declared free

A B Paresche

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JohnBerryBerry Meachum MeachumBerry Meachum being duly sworn on his oath
says that he believes the above petition matters therein
as stated to be true

JohnJohn B BJohn B MeachumMeachum

Sworn to & Subscribed
before me this 5th november 1849

P. Tiffett Clk

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St LouisSt LouisMo5th Nov 1849

Ordered that PatsyPatsy Curd CurdPatsy Curd the
within named petitioner have leave to sue as a poorperson for the freedom
of herself & her two children therein named, that she shall
have reasonable liberty to attend her counsel & the court
as reason may require; that neither she nor her two
children herein named he removed out of the Juris-
diction of the Court and that they be not subject to any
servity on account of her and their application for
freedom

A Hamelton,
Judge 8th Judicial
Circuit Mo.

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Petition of Patsy CurdPatsy Curd
in behalf of herself & her two
children to sue for
her & their freedom

Filed Nov 6th 1849

M.J.Cerre Clk

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St LouisSt Louis MissouriMissouri, Nov, 6th 1849 ordered that Pastey Curd the within petitioner
have leave to sue as a poor person for the freedom of herself & her two children therein named,
that she shall have reasonable liberty to attend her counsel & the court as occasion may
require; that neither she nor her two children herein named be removed out of the jurisdiction
of the court and that they be not subject to any severity on account of her and their ap
plication for freedom

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To the Honorable the Judge of the St Louis Circuit CourtCircuit Court

Your petitioner Patsy CurdPatsy Curd respectfully represents
that she & her two children RobertRobert aged about six years and
eminia about ten years old are now held in slavery and
are the slaves of one WilliamWilliam H BarksdaleH Barksdale and prays
permission for leave to sue as a poor person for her
in order to establish her and their right to freedom
and assigns the following reasons

That for five years her master (then DrIsaac CurdIsaac Curd ) required
her to live with him in the State of OhioOhio,
that her desires to leave him, as your petitioner was
then informed & believes, caused her to be bound to him
which your petitioner as she was informed & believes
was impelledtoserve him until she arrived at
the age of twenty one years

That she has fully completed this term being now over
twenty one years of age and that she is a poor person owning no property of any kind whatever
wherefore and that by reason simply of her residence in
that State of OhioOhio by her master's direction,she is the
of OhioOhio give her her feedom she asks persmission
as above that she being free
the said Barksdale has no right to detain her children in
freedom= All of which is respectfully submitted
Witness

J.B. Meachum

her
PatsyPatsy X Curd
mark

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John Berry MeachumBerry Meachum being duly sworn on his oath says
that the above petition & the matters as therein stated
he believes to be true

J.B.Meachum

Sworn to and subscribed before me,
the 5 day of November, A.D. 1849

John WJohn W .Colin,
Justice of the Peace

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Bill Sale
from
T B Dyer
for
Negro woman PatsyPatsy

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Know all men by these present, that Thomas B
Dyer of the County and City of St LouisCity of St Louis have this day
for and in consideration of the Sum of Eleven
hundred dollars to me in hand paid sold to
WilliamWilliam HH Barksdale BarksdaleH Barksdale four negro slaves namely a woman
called PatsyPatsy believed to be thirty years old and
her three children the oldest being named NellyNelly
the next Jamima and the youngest RobertRobert all
of which I warrant to be sound in body and
mind and I hereby warrant them to be slaves
for life and guarantee the title to same against
all other claims or claimants what so ever in
testimony where of I have hereunto set my
hand and affixed my seal this 7th day of September 1847

T B Dyer

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In the St Louis CircuitCircuit Court
CourtCircuit Court Spring Term
1850

PatsyPatsy Curd CurdPatsy Curd Plaintiff
vs
WilliamWilliam HH Barksdale BarksdaleH Barksdale Defendant

Defendant for answer to plaintiffs Petition
says that he admits that he does now and has
the month of September 1847 held said
plaintiff in bondage as a slave, that he Defend
ant an the 7th day of September 1847 He purchased
said plaintiff from Thomas B Dyer also three of
her children. One of whom has since died, the
other two are the ones named in said plaintiffs
Petition, Defendant says he was informed &
believes that said Plaintiff and her said children
were braught to St LouisSt Louis to be sold by, John
Curd now of St Josephes MissouriMissouri and by him left
with said Thomas B Dyer who was a friend
relative of said Curd to be sold that he defendant
took said negroes on trial & after having kept them
a few weeks became satisfied to buy them and
did buy them from said Dyer & took his will
of sale for them which is hereto anexed & paid
him the said Dyer for said negroes Eleven hundred
dollars the sum mentioned in said bill of sale
Defend and says he has since said purchase keept
and used said negroes as his slaves

Defendant says he knows nothing of the truth
of the statements of said plaintiff that she
resided five years in OhioOhio or that she is Entitled
to her freedom & that he knows nothing of her
history previous to the time he Comenced his
negotiations buy her and her children

Defendant says he is advised that all coloured

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persons in the state of MissouriMissouri are taken in
law prima facie to be slaves. He says that said
plaintiff & her children are coloured persons that
they were represented to him by said Thos B Dyer
to be slaves, and that he Defendant baught them
believing them to be slaves. He says that the
character of said Dyer & of said Curd who he
defendant understood had brought said plaintiff &
children to St LouisSt Louis was such that Defendant
did not think it necessary, nor did he investigate
their title to said negroes but took them as
slaves relying on his bill of sale. Defendant
says he never heard from said plaintiff nor
from any lawer to which he attached the
slightest credit that said plaintiff or her
children were free, til he was served with
process in this cause. Defendant does not
admit any of the statements in said petition
Except that he holds said plaintiff & her children
in slavery. He knows of no fact to
Establish the Claim of said plaintiff or
Either of her Children to freedom & He asks
the Court to hold said parties to street legal
proof of Every fact necessary to Establish her
or their freedom

W.H. Barksdale

Subscribed and sworn to before
methis1st. day of April AD 1850

M SM S Cerre . CerreM S Cerre Clk

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Patsy CurdPatsy Curd plft
vs
Wm. H. Barksdale deft

Notice of depositions for pltff

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served this notice in the County of St LouisCounty of St Louis on this
9th day of March 1850 By delivering a true
copy thereof to WmWilliam H Barksdale HWilliam H Barksdale BarksdaleWilliam H Barksdale the within
named defendant

Fee 50 c

Louis S Sal.
Shff
By EM Shands
Dpty

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Patsy CurdPatsy Curd of color plaintiff
vs
WilliamWilliam H. BarksdaleH Barksdale

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

To WilliamWilliam H. BarksdaleH Barksdale Esq of above named plantiff

You are hereby notified that depositions of witnesses, to be read in evidence in the above
entitled cause, on the part of the plaintiff will be taken at the
office of is Guighton green Attornies & Councellers
at Law in ChillicotheChillicothe
in the County of Ross and State ofOhio OhioOhio on
the eleventh day of May AD 1850 between the hours of
eight o'clock, in the forenoon, and six o'clock, in the afternoon, and that the taking of said
deposition, if not completed on that day, will be continued, from day to day, at the same place, and
between the same hours, till completed.

A B Paresche
pltff'sAtties

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

To any Judge, Justice of the Peace, or other Judicial Officer of the State of
Greeting:

Know Ye, that we, in confidence of your prudence and fidelity, do, by these presents, authorize
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 PatsyPatsy Curd CurdPatsy Curd
of color is
plaintiff, and WilliamWilliam H. BarksdaleH Barksdale 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 PatsyPatsy Curd CurdPatsy Curd her
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 being 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 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.

Witness, Michael S Cerre, Clerk of our said Circuit CourtCircuit Court ,
at the city of St. LouisSt Louis, this day of
in the year of our Lord one thousand eight hundred and forty-

M SM S Cerre . CerreM S Cerre

Clerk, C.C.
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Deposition of Witnesses taken in a cause pending in
the Circuit Court of the County of St LouisCounty of St Louis state of MissouriMissouri
wherein Patrey Curd, of color, is Plaintiff and WilliamWilliam H BarksdaleH Barksdale is defendant in presence of the notice and
Commission hereto attached, and at the time and place
in said notice mentioned

WilliamWilliam Creighton, of the city of ChillicotheChillicothe , of lawful age
being first duly sworn by me, as hereafter certified
deposes as follows

Question - Was you acquainted with Doctor IsaacIsaac Curd
CurdIsaac Curd formerly of Goochland County VirginiaVirginia, now
residing in the state of MissouriMissouri

Answer - I was I knew him first in the
year 1825, when he removed, with his family to
ChillicotheChillicothe in the state of OhioOhio, where with his
family continued to reside for several years
and practiced his profession â duing his residence
in OhioOhio he and his family were my near neighbors

Question - Do you know whither Doctor Curd brought
with him to OhioOhio a colored girl named PatsyPatsy
and whether he took said girl with him, an his
removal to MissouriMissouri

Answer - I know that he broughts with him a
small colored girl named PatsyPatsy who resided
in his family during the time he livedin OhioOhio
and that he took her with him when he
removed to MissouriMissouri

Question - How many years did doctor Curd reside
with his family in OhioOhio

Answer - I cannot state positively, but to the
best of my recollection and belief he resided in OhioOhio
between five and six years - a part of the time in
ChillicotheChillicothe and a portion of the time on my

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farm five miles from town where he continued
to reside for about two years, within a few years
of my own residence- He was my near neighbour
whelst I lived in town and in the county during
all of his residence in OhioOhio I was very intimate
with him and his family and faith saith not

W. Creighton

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Also Thomas ScottThomas Scott of the city of ChillicotheChillicothe
aforesaid, of lawful age being first duly sworn by me
as hereafter certified deposes as follows

Question by Plaintiff attorney -

Was you acquainted with Doctor Issac Curd
referred to in the forgoing deposition and if yea when
and where

Answer - I became acquainted with the Doctor
and his family shortly after they removed from VirginiaVirginia
to this city (ChillicotheChillicothe )

Question by same - Do you know whether the Doctor
broughts with him from VirginiaVirginia a colored girl
named PatsyPatsy , and if so did said girl reside with
him during his residence in OhioOhio, and did he take her
with him when he removed to MissouriMissouri

Answer - The Doctor broughts with him from VirginiaVirginia
in to ChillicotheChillicothe a colored girl named PatsyPatsy , who
continued to reside with him during his residence in
Chilliwith - The Doctor resided for a time in the county
nearChillicotheChillicothe -
did he practice at his profession in your family

Answer He did

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Question by same

State Whether DoctorCurd a , during his
residence in ChillicotheChillicothe applied to you to draw
an indentionbindingPatsyPatsy until she was of age

Answer-

ThomasThomas Scott ScottThomas Scott

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I James S Mclain a Justice of the peace in and for
the Township of , in the county of Ross, OhioOhio, do
hereby certify, that the above named WilliamWilliam Creighton
and Thomas ScottThomas Scott , were by me first duly sworn to
testify the truth, the which hath and nothing but the
truth, and that the foregoing depositions by them
instruction were to writing by
and were taken at the time and place spcified in the
endorsd notice-

In testimony whereof I have
hereunto set my hand officially this 11th day of May in the year 1850

Janes S M clain J.P.

Fee security deposition 86 2 08 94 seal 50 1.44paid by Plff atty
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The State ofOhio OhioOhio
Ross County Ss

I Angus S.Fullerton Clerk of the Court
of Common Pleas for the County aforesaid
do certify that James S.McLain Esquire
before whom the aforegoing deposition was
taken, was at the time of taking the same
and now is an acting Justice of the peace in & for the county
aforesaid duly commissioned & sworn as such

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In testimony whereof I have hereunto set my hand & seal of
office this 13th day of May A.D. 1850.

Angus L Fallation Clerk

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Opened & filed 21st May 1850

MM S Cerre S CerreM S Cerre Clk

Patsy CurdPatsy Curd of color
vs
WmWilliam H Barksdale HWilliam H Barksdale BarksdaleWilliam H Barksdale

Defens. of plaintiff

20 Cts postage by Garesche

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PatsyCurd
vs
WmWilliam H Barksdale HWilliam H Barksdale BarksdaleWilliam H Barksdale

Motion to suppress
Depositions

FiledNov 18th 1850

M.SM S Cerre .CerreM S Cerre clk

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PatsyPatsy Curd CurdPatsy Curd Plaintiff
vs
WilliamWilliam HH Barksdale BarksdaleH Barksdale Defendant

In the Circuit CourtCircuit Court
of St Louis County
November Term 1850

The defendant by his attorney causes &
moves the court to supress the depositions filed
by the plaintiff in this cause for the following
reasons

1st The commission under which said depositions were
taken was not & is not directed to any judge
justice of the peace or other Judicial officer of the
government in which the deponents resided nor to
the officers of any government

2nd There is no evidence in said depositions that the
witness were sworn to testify the whole truth as
required by the law of missouri

3d there is no evidence accompanying said depositions
that the examation of deponents was reduced
to writing in the presence of the officer who
took and certified the depositions

4 there is no evidence that the depositions were
subscribed & sworn to as required in sec 16 of the
law of missouri depositions

5th Said depositions are in other respects irregular
informal & illigal

Wells & Buckner
attys for Defendant

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4th

PatsyPatsy Curd CurdPatsy Curd
vs
Wm H. Barksdale

subpoena

Wm H. Barksdale
and Thomas Dyer.

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ExecutedMarch 30 1851

HenryHenry Belt Sheriff
By GeorgeGeorge
Depty

$ 1,00
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County of St. LouisCounty of St Louis, ss.
The State of MissouriMissouri,

To Thomas Dyer
and WilliamWilliam H. BarksdaleH Barksdale (firm of Craw McCrury & Co.)
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 fourth day of March
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 PatsyPatsy Curd CurdPatsy Curd (of Color) is
plaintiff and WilliamWilliam H. BarksdaleH Barksdale is
defendant on the part of the plaintiff
and herein you are in nowise to fail.

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Witness, WilsonWilson Primm,M. S. CerreM 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 twenty Eighth day of February in the year of our Lord one thousand eight hundred and fourtyfifty one

M. S. CerreM S Cerre Clerk, C. C.

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4

PatsyPatsy Curd CurdPatsy Curd
vs
Backsdale

subp.. L. M. Kennett

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ExecutedMarch 3d 1851


Sheriff

Depty

$,8. 50 cts
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County of St. LouisCounty of St Louis, ss.
The State of MissouriMissouri,

To Luther M. Kennett
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 fourth day of March
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 Patsy CurdPatsy Curd (of Color) is
plaintiff and WilliamWilliam H. BarksdaleH Barksdale is
defendant on the part of the plaintiff
and herein you are in no wise to fail.

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Witness, WilsonWilson Primm,M. S. CerreM 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 first day ofMarch in the year of our Lord one thousand eight hundred and fortyfifty one

M. S. CerreM S Cerre

Clerk, C.C.
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If the Jury believe from the evidence that the
plaintiff PatsyPatsy was the slave of DrIsaacIsaac Curd CurdIsaac Curd
that her master the saidDrIsaacIsaac Curd CurdIsaac Curd remo-
ved her to the state of OhioOhio & there resided
& that the said PatsyPatsy resided with him they
will find for the plaintiff=

That if the Jury believe from the evidence
& from the instructions given by the
Court that the saidPatsyPatsy is free they
will also find that her children from to her residence in are free=

That if the Jury believe that in the bill of
sale executed by Dyer to the defendant
filed as part of the defendant's answer
is that thenRobertRobert NellyNelly are
as the children of the saidPatsyPatsy = that their the
and as

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in the of sale
evidence first that of
children of the saw PatsyPatsy = of

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Agreed to

If the plaintiff has not by evidence
satisfactoy to the jury that the plaintiff
did reside in the state of OhioOhio or in they will
find for the Defendant

Agreed to

All coloured persons in MissouriMissouri are
presumed in law to be slaves & unless
the plaintiff in this suit has proven
to the satisfaction of the jury that she
is a free woman they will find
for the defendant

Agreed to

In this suit it on the
plaintiff to establish her freedom
by competent proof, & if she has
not done so the jury must find
for the Defendant

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PatsyPatsy Curd CurdPatsy Curd
vs
Wm HWilliam H Barksdale BarksdaleWilliam H Barksdale

We the gentleman of the Jury
find for the plaintiff in this case

H.M.Moose

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