Richard Clinton v. John Blackburn et. al.
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Richard ClintonRichard Clinton (of color)
commonly called "ClintonClinton " Plff.
vs
JohnJohn Blackburn Blackburn Edward
M. Blackburn, Martha A
BlackburnJohn Blackburn , Charles ACharles A Terroux . Blalckburn
& RufusRufus C BlackburnBlackburn and
EdwardEdward Hall HallEdward Hall curator of the
estates of the said MarthaMartha A AA Charles .
CharlesA Charles AMartha A . and RufusRufus C. Defendants
State of MissouriMissouri
County of St. LouisCounty of St Louis

In the St. LouisCircuit Court
Circuit CourtCircuit Court
Sept. Term 1859.

The plaintiff RichardRichard Clinton ClintonRichard Clinton (commonly called
"ClintonClinton ,") states that at and before the death of LewisLewis James
JamesLewis James , late of St. Louis County MissouriMissouri, he be
longed to and was the property of the said LewisLewis James
JamesLewis James .

That the said LewisLewis James JamesLewis James is long since deceased,
viz on the day of 1830, and did
by his last will and testament, in writing duly
executed, and probated, (a copy of which, the original
not being in the possession or control of plaintiff
will be shown to the Court at the trial of this cause
or sooner if thereto required) emancipate this
plaintiff and did will that he should be free, to take
effect and be [ inforce ] upon & immediately after
the death of Morris James and CatherineCatherine James
JamesCatherine James the father and mother of said LewisLewis ,
or as soon thereafter as this plaintiff should
have

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have [ attaind ] the age of twenty one years, his
services, in the meantime, during the life of
MorrisMorris and CatherineCatherine James JamesCatherine James being bequeathed
to them

Plaintiff further states that said MorrisMorris and
CatherineCatherine James JamesCatherine James have both died long since,
viz MorrisMorris on the day of 1834, and
on the day of 1835 or 40 and
that this plaintiff has long since arrived at the
age of twenty one years, to wit on the
day of 1844 or 5.

Plaintiff further states that he is wrong fully
and unlawfully held as a slave by the defen
dants, but in right and justice he is a free
man, Wherefore he prays for judgement of
liberation against said defendants and for
costs by Atty Bates & Woodson .

Richard ClintonRichard Clinton Plaintiff being duly sworn
on his oath says that the foregoing petition and
the matters therein as stated he believes to be true.

RichardRichard his ClintonClinton
mark

Subscribed & Sworn to
before meMay 5th 1859

S Rice C

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In the St Louis Circuit CourtCircuit Court .
February Term 1859

Saturday March 7th 1859.

Richard ClintonRichard Clinton (of color)
commonly called ClintonClinton
vs
John Blackburn, EdwardEdward M Blackburn
MEdward M Blackburn .BlackburnEdward M Blackburn , Martha
A Blackburn, Charles A
Blackburn and RufusRufus
C BlackburnBlackburn and EdwardEdward Hall
HallEdward Hall curator of the estates
of the said MarthaMartha A AA Charles
CharlesA Charles AMartha A and RufusRufus C.

Now comes the plaintiff
and files a petition for
freedom and also an
application for leave to
sue as a poor person, and
it appearing to the satisfaction
of the Court that the
petition contain sufficient
matter to authorize the
commencement of a suit,
it is ordered that the said
plaintiff be allowed to sue as a poor person, and that
he have reasonable liberty to attend his counsel and
the Court, as occasion may require, and that he be
not removed out of the jurisdiction of this Court and
be not subject to any severity on account of this
application for freedom.

A true copy of said order,
State of

Witness, StephenStephen Rice, Clerk of
the St Louis Circuit CourtCircuit Court , with
the seal of said Court, hereto affixed,
at Office, in the City of St LouisCity of St Louis this
7th day of May 1859.

StephenStephen Rice Clk

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No

LouisCircuit CourtCircuit Court
Sep. Term 1839

hardClintonClinton (of color)
v
BlackburnBlackburn et al

tition for freedom
Bates & Woodson

Filed May 7 1859

S. Rice Clk

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

To the Hon.St Louis Circuit CourtCircuit Court .

Your petitioner RichardRichard Clinton ClintonRichard Clinton (of color) commonly
called ClintonClinton ; says that he was emancipated by
the last will of Lewis JamesLewis James , (who died in this
County in the year 1830), to take effect upon the death
of Morris James and JamesJames the father
and mother of said Lewis JamesLewis James or as soon thereafter
as he (ClintonClinton ) should have attained the age
of twenty one years. That said MorrisMorris and
CatherineCatherine James JamesCatherine James are both long since dead, and
that he has long since attained the age of twenty
one years, but not withstanding these facts
he is still restrained of his liberty and wrongfully held
as a slave by John Blackburn, Charles A
Blackburn Martha A Blackburn, Charles A
Blackburn, & Rufus C.BlackburnBlackburn and EdwardEdward Hall
HallEdward Hall curator of the estates of said MarthaMartha A AA Charles
CharlesA Charles AMartha A and RufusRufus C.BlackburnBlackburn .

He therefore prays the Hon.Circuit CourtCircuit Court to
grant to him leave to sue as a poor person, in
order to establish his right to freedom, and also
to make an order upon the said John. EdwardM.
Martha A, Charles B & Rufus C BlackburnBlackburn and
Edward HallEdward Hall curator of the estates of sd Martha,
Charles and RufusRufus C BlackburnBlackburn , that this petitioner
have reasonable liberty to attend his Counsel

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and the Court as occasion may require, and that
he be not removed out of the jurisdiction of this
Court, and that he be not subjected to any
severity on account of his application for freedom
according to the form of the statute in
such case made and provided 55 p-810

by Atty Bates & Woodson

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Richard ClintonRichard Clinton petitioner being duly sworn on his
oath says that the foregoing petition and the facts
therein as stated he believes to be true

RichardRichard his mark ClintonClinton

Subscribed & Sworn to
before me May 5th 1859

SRiceC

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ardClintonClinton (of color)
uis Circuit CourtCircuit Court

tion for leave to sue&
freedom

Bates & Woodson

Filed May 7

SRiceClk

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

To the Sheriff of St. Louis CountyâGreeting:

We command you to Summon
John Blackburn, EdwardEdward M Blackburn
MEdward M Blackburn BlackburnEdward M Blackburn , Martha A Blackburn,
Charles A Blackburn, & Rufus C BlackburnBlackburn
and Edward HallEdward Hall curator of the Estates
of the said MarthaMartha A A. Charles AMartha A ., &
Rufus C.
to 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
Last Monday of September next, then and there to answer the
complaint of Richard ClintonRichard Clinton , commonly
called "ClintonClinton "
as set forth in the annexed petition : and have you then and there this writ.

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Witness, StephenStephen Rice, Clerk of our said Court,
with the seal therof hereto affixed, at office, in the City ofCity of St Louis
St. LouisCity of St Louis, this 9th day of May in the year of our Lord eighteen hundred and fifty nine

S Rice

Clerk.
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I acknowledge myself bound for all costs that may accrue in the case of
against

Witness my hand and seal, at St. LouisSt Louis, this day of 185

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Leave to sue in forma pauperis, reasonable liberty to attend counsel & Court &c 28 p 574
Dismissed as to Edward HallEdward Hall and amended by leave29 p 203Dec 13 1859Mo
for judgt sustd & judgt for plff for freedom and costs 29 p 207.

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823 - Lee 7
No. 111

St. Louis Circuit CourtCircuit Court.
September Term 1859

Richard ClintonRichard Clinton (of
color) commonly called
"ClintonClinton "
vs
Summons
JohnJohn Blackburn Blackburn, EdwardEdward M Blackburn
M BlackburnEdward M Blackburn , Martha A.
BlackburnJohn Blackburn Charles ACharles A Terroux Black
burn, RufusRufus C BlackburnBlackburn and Edward HallEdward Hall
curator of the Estates of the
said Martha A. Charles A ,
& Rufus C,- Defendants
â Pet for freedom

Bates & Woodson

Issued 9th of May 1859
S Rice Clerk.
Security for Costs.
$ 2.50 Copies due Clerk

- $ 3. Plff Sues as a "poor person"
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Executed this writ in the County of St LouisCounty of St Louis on the
23rd day of May 1859 by delivering a copy of this
writ and petition as furnished by the clerk to
John BlackburnJohn Blackburn I did further execute this
writ in the County of St LouisCounty of St Louis, on the 6th day of June 1859 by delivering [ Copys ] of this writ as
furnished the Clerk to each of the following
named persons Edward MEdward M Blackburn Blackburn Martha
A BlackburnEdward M Blackburn Chas A Blackburn EdwardEdward Hall
HallEdward Hall & RufusRufus C BlackburnBlackburn the within named
defendants.

M.S. CerreM S Cerre Sheff

By WilsonWilson PWellDepty

Sheriffs fee $ 6,00
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ClintonClinton
vs
BlackburnBlackburn et al

CictCt No 111 Sept 7. 1859.

Dismiss asto EdwdHall
R. G.Woodson

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111
St Louis Circuit CourtCircuit Court
Sept Term 1859

RichardRichard Clinton ClintonRichard Clinton (of color)
v
John BlackburnJohn Blackburn
et al.

answer of EdwardEdward Hall HallEdward Hall

Filed Sept 22 1859

S Rice Clk

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State of MissouriMissouri County of St LouisCounty of St Louis Ss
RichardRichard Clinton ClintonRichard Clinton (of color) commonly called ClintonClinton Plaintiff
v
John Blackburn, EdwardEdward M Blackburn M BlackburnEdward M Blackburn , Martha
A.Blackburn Charles A Blackburn & Rufus C
BlackburnBlackburn and EdwardEdward Hall HallEdward Hall curator of the estates
of the said Montha A. Charles A. & Rufus C.
Defendants.

In the St Louis Circuit CourtCircuit Court
September Term 1859,

The defendant EdwardEdward Hall HallEdward Hall impleaded
as the curator of the estates of Martha A. Charles A .
and RufusRufus C BlackburnBlackburn , Answering for himself
alone says, He admits that he has at one time
been the curator of the estates of the said Martha
Charles and RufusRufus , under and by virtue of an
appointment of the Probate Court of St Louis County
on or about the day of 1850 or 51,
But he says that he is not now such curator-
that the said Martha Charles & RufusRufus , having attained
to the age of fourteen years, on the day
of August 1859, chase for their curator in
his stead the defendant John FBlackburn
and the said John was accordingly appointed by
the Probate Court to that trust & has undertaken the
same, And that this defendant has accounted
with the said John BlackburnJohn Blackburn , as such curator

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And has delivered to him all the property remain
ing in this defendants hands of the said
Martha, Charles, & RufusRufus and
the rest the petitioner

He denies that he holds or ever did hold
the petitioner unlawfully as a slave, he never
had any other of him, than as curator
as aforesaid, under and by virtue of the
Sheriff of the said Probate Court of St LouisSt Louis Co

With regard to the other statements in
the petition, this defendant says that he has
not sufficient knowledge or information, either
to admit or todeny the same

And now having fully answered he
prays to be hencedismissed

EdwardEdward Hall HallEdward Hall

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EdwardEdward Hall HallEdward Hall the defendant being duly sworn
on his oath says that the foregoing answer and
the matters therein as stated he believestobetrue

EdwardEdward Hall HallEdward Hall

Subscribed and Sworn to before me
this 22nd Sept 1859

S Rice Clk

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Richard ClintonRichard Clinton of color commonlycalledClintonClinton , Plff
vs
John Blackburn, Edward M BlackburnEdward M Blackburn
Martha A Blackburn Charles A. Blackburn and
RufusRufus C BlackburnBlackburn , and EdwardEdward Hall HallEdward Hall curator
of the estates of the said Matha Charles & Rufus C
BlackburnBlackburn Defendants

In the St Louis Circuit CourtCircuit Court
Sep T. 1859

The defendants John L Blackburn and EdwardEdward M Blackburn
MEdward M Blackburn .BlackburnEdward M Blackburn , answering for them selves, and the
defendants Martha A Blackburn Charles ACharles A Terroux Black
burn, and RufusRufus C BlackburnBlackburn answering by their
curator of their estates duly appointed and qual
ified, JohnJohn T Blackburn TJohn T Blackburn . BlackburnJohn T Blackburn .

State, that the defendant EdwardEdward Hall HallEdward Hall is
notnowcurator of the estates of the defendants
Martha, Charles & RufusRufus as in the petition is alleged,
but they say that the defendant John T. Black
burn is curator of the estates of the said defendants,
duly by virtue of an appointment of the ProbateCourt
of St Louis County, made on the day of June 1858- And they admit that all the other facts
in the petition stated are true and pray & authorize the
Court to give such judgement as the said state
of facts renders lawful and right-

JohnJohn T Blackburn TJohn T Blackburn .BlackburnJohn T Blackburn curator of Martha A Charles A Rufus C
Blackburn John T. Blackburn Edward M Blackburn
John T BlackburnBlackburn are of the byJohn T BlackburnJohn T Blackburn defendants, being

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duly sworn on his oath states that the foregoing
answer and the matters therein as stated he believes to
be true-

affidavit waivedR. G.Woodson atty of Plf-

John T. Blackburn for himself as well as for the instant defendants, for whom he
is curator, Martha, Charles & Rufus Blackburn, being duly sworn on his oath
says that the foregoing answer and the matters therein as stated he believes
to be true-

John T BlackburnJohn T Blackburn

Sworn to & subscribed before
me Dec 10 1859

S Rice Clk

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No 111.

St Louis Circuit CourtCircuit Court
Sep Term 1859

Richard ClintonRichard Clinton (of Color)
v
John BlackburnJohn Blackburn et al

Filed Oct 10 1859

S Rice Clk

Answer of Defendants
in person
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Richard ClintonRichard Clinton (of Color) & Plff
v
JohnJohn Blackburn Blackburn
Edward BlackburnJohn Blackburn , Martha AMartha A
Blackhim Charles A Blackburn
RufusRufus C BlackburnBlackburn & EdwardEdward Hall
HallEdward Hall curator of the estates of said
Martha, Charles & RufusRufus , Defts

No the St Louis Circuit CourtCircuit Court
Sep Term 1889

Now comes the plaintiff by his attorney and
moves the court to judgement of emancipation
& for costs, on the petitions & answers filed
in this cause

by atty Bates & Woodson

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No 111

St Louis Circuit CourtCircuit Court
Sep Term 1859.

RichardRichard Clinton ClintonRichard Clinton (of Color)
vs
John BlackburnJohn Blackburn
et al

Filed Oct 10th 1859

S RiceClk

Motion for judgement
by atty Bates &Woodson
for Plaintiff
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Richard ClintonRichard Clinton
vs
JnoBlackburnet al

No 111Sep T 1859.
St Louis Circuit CourtCircuit Court .
(Dec 13th 1859)

Judgement of liberation in favor
plaintiff on answer of Defts
and proofs against all the defendants except
EdwdHall

R Woodson atty for plff

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