Title: Vincent Duncan vs. James Duncan
Plaintiff: Duncan, Vincent
Defendant: Duncan, James
Date Filed: November 6, 1829
Term: November Term 1829
Cause of Action: AssaultBatteryFalse Imprisonment
Case Number: 110
Court: St. Louis Circuit CourtSupreme Court of the Third Judicial District of Missouri
Publication Info: St. Louis, Missouri: Washington University in St. Louis, University Libraries
2011
Source: The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Availability: Documents are in the public domain
The Petition of
represents to your
untill
by
&
a
that he said
slave Your Petitioner
he was the slave of
your petitioner
into the state of
there to
there
his death which took place some time
death of said
of
there
said
he was
& that
can
he may be presented to
to
to him & that such order may be made for his security
as the Law
& his case requires.
This
Made oath that the facts in the
to
1829
I
as his
and I do
may require and that the said
or removed out of the
freedom
Greeting
his petition for
establish his freedom &
whereas the said
stated on oaht that he
of
him there as a slave
you are therefore commanded
to take the body of said
me at
that such order may be made in his behalf as
the law
requires; and do you summon
Greeting
St.Louis County. Ss.
complains of
said
day of March 1826
made an
& there
& then & there
in prison there and
time to
1826
day
said
the Laws
&
And the said
and the said
to the Damage of the said
hundred dollars therefore he
Counsel for
We Command you to summon
before the Judge of our
at the City of
into
the
Court at office this
thousand Eight Hundred and twenty nine
copy of this
St.Louis County.
I
to establish his
freedom and I do
his
and the Courts when
removed out of the
application for
freedom- at any chambers
A true copy of the order
vs
This is an
& false
Damages $500 the clerk
will please
summons
atty
Executed this writ on
By
And the said
his
when he and says that he is not
wrongs
alleged
against him, and of then he puts himself
upon the county
& Plaintiff
And for a further
said
the
is a slave,
of the said time was a free
himself
Plaintiff
vs
ads
2
plff:
Appeal
James James James 270
....Greeting.
We, reposing special trust and confidence in your integrity and circumspection, do require
and command you that you
cause to come before you such person or persons as shall be
named to you by
otherwise
attorney or agent, and him, her or them examine upon his, her or their corporal oath (to
be by you administered) touching
their knowledge of any thing that may relate to a
certain matter of controversy, now pending in our
county of
so taken by you as aforesaid into writing, you
are required to send the same, together with this commission enclosed under your
seal,
to our said circuit court, with all convenient speed.
one thousand eight hundred and twenty
On
the said Defandant it so
to any Judge or Justice of the peace of the
to be read on the trial of this cause on the part
of the said defendant
A true
Copy of the order
The
Read as Evidence On the trial of a
for assault and
Duly sworn
do or do you not Know that
Reported Plaintiff is and was a Slave one
of the number Belonging to the estate of
Deft
By Same do or do you not know that he
was hired at the
he was some time at the
Answer yes
By Same
the Son of the
Answer.
one in the
said
Answer I do not
that
a way from the
Answer I do know
Also the
of lawfull age
and
of
Answer I
Question By Same is or is not
the
J.
that I have frequently
Answer I have Generaly under stood so
frequently while said
at the lick that he Run about there &
done as he pleased| Answer
Also the
Duty
In this Case and did he
and and
day of febr. 1830
and
do or do you not know
that
Belonging to the
that he was
in
done
as he pleased and that the
for him during his stay there
to the
Is or is not
son of the
Bring
him home But he
to
hear him Say
to come
the
the Same Case the
Being of lawfull
do you or do you not know that
of the
number Belonging to the Estate of
Answer, he was
know that he was hired at the
Answer, he was,
after he was some time
disobedient and Refuse to Return to
the service
of his master
Answer I knew the negro was there and
they could not get him away
the son of the Deceased
Answer, he is.
know that
the plaintiff from the
Answer. he did
did or did you not know that
the
to Despose
of as he thought
Answer he did
the
foregoing deposition of
was this day and yesterday Laker subscribed
and Sworn to by the
under
said County at the time and place
And for the purpose Stated in the
Given under my hand this
I
before whom the foregoing depostions appear to have been taken
and whose name is
subscribed to the foregoing
is and was at the time of taking said depositions an
acting Justice of the peace in
&for said County and that
fullfaith and credit are due and
all his acts when acting in his
official character
in Courts of Justices as therewith
subscribed my name and affixed the
vs
opened and filed
vs
Action of assault & battery & false
imprisonemnt (for
freedom)
The above named
=torney will take notice that on the
next, between the hours of
in the
afternoon of that day, & on the three
of
day of
morning & five in the afternoon, and on the
three
of John
taken, in
of St Louis County, to be read in evidence on the trial
of the above
named cause, on the part of the
ant.
by
a copy
vs
Notice to take Depositions
on the part of the Deft.
....Greeting.
We, reposing special trust and confidence in your integrity and circumspection, do require
and command you that you
cause to come before you such person or persons as shall be
named to you by
their knowledge of any thing that may relate to a certain matter
of controversy, now pending in our
county of
so taken by
you as aforesaid into writing, you are required to send the same, together with this
commission enclosed under your
seal, to our said circuit court, with all convenient
speed.
one thousand eight hundred and twenty
Ss
vs
On motion of the Attorney of
the said defendant it is
issue to any
to be read on the trial
of this cause on the part
of the said Defendant
Gallatin County Sct.
In Obedience to a
tatum
me certain witnesses at the
took the
following depositions to be read in evidence in a
suit now pending and in determined in
the
and
sworn upon the
follows. That in the year
to Labour for him at the
ant that he had hired his time of his
master, (
and
time he left deponants service, and shortly after his Master
home, but deponant agreed to go
hire that
of the six months
stay
&
shortly after the
expiration of the six months,
ed again and
But he
as much as two or
three times his master was after him to take
him home, and wrote to
to take him if he
before me a justice of the
peace as aforeasid at
Oclock, The deposition of Willis
taken as above in the same case deponant being
of Lawfull age and first duly sworn
deposeth
and saith he knew
to
years and
appeared to do
and we
force him off or not
he would
have went home as soon as that
was done at any rate and from the
sation
that there had been a good deal of deception
on the part of
that
with his false
ponant saith
not
before me at
on the
The Deposition of
said to be read as evidance in the same case
The Deponant Wood
being of
duly sworn
a negro man by
the name of
belong to
for
time and at a number of other places during my
knowledge
of him; I understood that he belong to
parties so much so that there was no
question of it
rect him to go home and I once knew of
for a horse
to go home on,
with his
quently when he would come he would have to wait on
and in short he done pretty much as he
pleased but al
ways acknowledged he belonged to
this
deponant saith not
Justices fee $
Sworn to and Subscribed
before me
Greeting.
We, reposing special trust and confidence in your integrity and
circumspection, do
require and command you, that you
cause to come before you such person, or persons, as
shall be named to you by
attorney or agent, and him, her or them examine upon his, her or their corporal oath, (to
be by you administered,) touch-
ing their knowledge of any thing that may relate to a
certain matter of controversy, now pending in our
for the county of
is defendant, on the part of said plaintiff, and having reduced
depostion so taken by you as aforesaid, into writing, you are required to send the same,
together with this commission,
enclosed under your seal, to our said
the
year of our Lord one thousand eight hundred and
vs
Clerks office of the
On application of the attorney for the plaintiff it is Ruled that
a
above cause on the part of the plaintiff
vs
In the
County &
of
To the above named Defendants & his attorney
Take
a
this cause I shall
on the
of
noon & 6 Oclock in the afternoon of
at the office of
of Equality
vs
County &
To the above named Defendants & his attorney
Taken notice that
duly issued in this cause I
shall on the
of
March
--noon & 6
Oclock in the afternoon of each of said days
at the office of
take the Depositions of Witnesses to
be read in
in this cause
vs
Notice
atty
vs
Depositions
for
St Louis County
Opened & filed
I
the County
name is
signed to the foregoing depositions is and was
at the time of taking said Depositions an
acting
tice
full faith and credit is done to his
given as
such In testimony whereof I have hereunto
of said Court at Equality this
day of January A D 1830
The Depositions of
on the fifteenth
and
in the year of our Lord eighteen
hundred and thirty
tween the hours of nine Oclock in the forenoon and
six
Oclock in the afternoon of each of said days
at the office of
Equality
before me
within and for said County to be read
as evidence in
a certain cause depending in the Circuit Court of the
defendant. On the part of the plaintiff
of Lawful age being produced
and sworn on the
(in
Question by Plffs atto.
Answr. yes he is a large Black fellow with
thick lips I think about five
ten
recollected.
Question by Same To whom did he belong and by whose authority
was he hired at the
Knew him.
Answer. he belong I think to John or
as they were both in the habit of
coming
to this place, but knows nothing further on
that
Question by Same
Do you or not know how long he was
hired and
at the
Answer I do not. he was here
at different times, but how long at any one
time I cannot say, the General rule of
months at a time he has been here as
above off and on from
Question by Same
know that
sd.
until his final
by removal by sd.
Answer
time and they
but how often I dont know is and
say how long at any
not
being
produced
part of the plaintiff
that he knew
is a
over one of his
in
here
& between the
1830
Leo
and examined on
the
that he knew
with
I think
once but
this
Opened filed
1830
for plff
Sworn
the
sworn and
many
both white and black, but has no
of this man
between the
1830
I
the
that Willis
Lee
were by me
of their knowleoge touching the
matter in
my
place in that
Gallatin
Ss
the county
and State
the above named
above
and
placed in all his
official acts
in
my hand and
at
You are hereby commanded to summon
that setting aside all manner of excuse and delay, he be and appear in proper person
before
the Judge of our
now pending in our said Court, wherein
and
part
of the
of
eight hundred and
County
by
1 N E 12 1/2
vs
for plaintiff
on
me
within said County and at
day
Greeting
Whereas
before the
the
within said county at the house of
are therefore to
to
to
be
1831
Clk
in
their freedom and have been ordered to be
hired out
untill the
You are hereby commanded to summon
that setting aside all manner of excuse and delay, he be and appear in proper person
before the Judge of our
now pending in our
and
part of the
of
eight hundred and
vs
for Plff
The within
found
By
N. E 12 1/2
vs
Action of
Take notice that
on the
P Le
between the hours of eight &
ten O clock in
the forenoon of that day I
the Depositions of the witness to be
read in
Plaintiff
St Louis County Ss.
came before me
Peace in aforesaid county
on his oath says that this day in said County
&
in the city of
a
copy of the same
vs
Action of assault & Battery & false imprisonment
The deposition of
eight hundred and thirty
forenoon of the said day, at my office in the city of
to be
Reason Neighswonger, of lawful age, being produced, examined &
on the part of the plaintiff, deposes &
in the
or constitution for the
before that time, but does not know how long, that the
plaintiff at that time
was claimed as the slave of one
to work at the said
that in a
that in a conversation between said affiant and a son of said
said affiant does not now recollect, this affiant propose to
and
he agreed to take it, but that in a
the said
father's death, and this affiant further states and says that the said
son of the
said
and was little
received from
freedom, this
says that he knew the said plaintiff at the said
aforesaid and that the greatest part of the time with this affiant, who was
that to the best of the Knowledge of this
the
Without leasing said State. that said plaintiff laboured for said
for better than a year during which time said deponent was in the
said
months
his
Question by plaintiff, Is your recollection distinct as to the date & time that you
have
he cannot
recollect. Question. by Same, Where is your place of residence
Whom you are at home or
where do you now reside? answer, in like County
or fifteen miles from this city of St Louis County aforesaid
Question by the defendant. Did you know the plaintiff at the time the
the plaintiff at the time the
Who brought him there, I
understood he was from
the plaintiff he was at
the
but do not know in whose employ said plaintiff was, said plaintiff was working
was
him the said deponant and believes that the plaintiff was then employed by said
hired by
worked for himself and paid for his time. Just as I was
the
he would
get his load of salt from, he answer he did not know from what
furnance he would get it,
but excepted to get it from the plaintiff because said
plaintiff was hired and he
excepted to get the
Question by the defendant at what time, year, when and where, were you
in any wise
acquainted as seen the plaintiff? the first time that I saw him
convention. Question by same, where did you
Answer at the time I met
to the Saline
plaintiff
Whether said
time said plaintiff was working for himself, as this deponent believes, that
this transaction took place considerble time after the
to sell me the
plaintiff as above stated, and which
place for the reason
above mentioned. Does not know who Brought the plaintiff
in the
this is
vs
Depositions fee $ 1.50
To the Clerk of the
of St Louis County
Clerk
Reason
for plf
be free on the
that in or about this time the said deponant worked at the tubes or pipes as
worked at the pipes, was this
conversation between him & said
buying the negro? Answer I do not
recollect but think it is
to the best of my recollection. Question
by Same, how long was it that you and
the plaintiff worked at the pipes after the
think, to the best of my knowledge that it was two years.
Reason his
mark Neighswonger
Ss
I
court in and for the
was by me Sworn to testify the whole truth of his knowledge touching the matter
in
controversy aforesaid, that he was examined and his examination reduced
to writing and by
him subscribed in my presence, on the day, between the hours
and at the place in that
behalf first aforesaid
Justice county court
St. Louis County
Additional Questions on the part of the defendant to the
depositions-
Question. Do you know who hired the plaintiff at the
Answer- I do not know-
Question
You are hereby commanded to summon
that setting aside all manner of excuse and delay, he be and appear in proper person
before
the Judge of our
pending in our said Court, wherein
and
part of the
of
eight hundred and
vs
9th 1830
6th Apr
Executed this writ on
6th 1830
You are hereby commanded to summon
that setting aside all manner of excuse and delay, he be and appear in proper person
before
the Judge of our
now pending in our said
Court, wherein
and
part of the
day of
eight hundred and thirty
vs
for the plaintiff
on
Excuted his writ on
4th-1830
You are hereby commanded to summon
that setting aside all manner of excuse and delay, he be and appear in proper person
before
the Judge of our
now pending in our
said Court, wherein
and
part of the
of
eight hundred and
vs
to
Excuted this writ on
reading the
We command you to attach
by
body before the Judge of our
the county of
then
and there to testify and the truth to say in a certain matter of controversy, now pending in
our
said
defendant, wherein the said
has heretofore been summoned, on the part of the said
vs
Att for
vs
was summoned as a Witness by the plaintiff in the above
cause, that he
attends the number of days charged
above and that he has not charged for attendence
in any other case for the same time
this
vs
Jas.
Witness - $ 5.50
vs
Action of
false imprisonment
into court &
prays an appeal from the judgement
of this court in the cause to the Supreme Court
vs
Action of
& false imprisonment
named plaintiff being
prayed an appeal in Said cause
from the
Judgement of this Courts to the
and this affiants further
Says that his applica-
-tion for an appeal is not made for the
purpose of
this affiant
is
appeal is
prayed
before me this
August 1830
vs
18th 1820
Clk
vs
& false
the
And the said plaintiff comes & asks the Court
to grant him a new trial for
the following
Reasons
1 because the
2
3 Because the Court gave instructions asked for by Deft to
the Jury
been
4 Because the Courts refused to give
instructions to the Jury
he ought to have given
5 Because the Judge of the Court under took
to declare
facts certain
prove
alone to
determine
as not proved was proud or not
& for these &
the courts to set aside the
new
the plaintiff
vs
Motion for a
New Trial
vs
Be it remembered that on the trial of the cause
the following is the Substance of the
Depositions
read in
& Sworn on the parts of the plaintiff deposeth
& Saith
Question by Plff atty
Question by same
Answer- yes he is a
about five feet nine or ten
inches high I think he had
Question by same. To whom did he belong and by whose authority was
he hired at the
Answer He belonged I think to John or
were both in the
Question by same
named at any one time in
by
Answer I do not.- he was here
but how long at any
rule for
at a time he has been have as above
to
Question by same Were you or not a resident at the
that time
& did you or not know that said
ever removed
said
Answer I was a residence a principal part of the
duced examined & sworn on the part of the plaintiff that
he knew
belong to Duncan of
he had been absent from
amined on the part of the plaintiff says that he knew
black fellow with thick lips I have known him from
during that time he went to
certain of that.
Reason Nighswonger of lawful age being produced
says that he has known the plaintif who
is
the convention set to
that time but does not know how long that the
was claimed at that time as
the slave of one
as this affiant
that in a
this affiant
a mill
tif be agreed to take it but that in a
shortly
said son stated that said plaintif was to be free at his fathers
death and this
affiant further states and says that the
said son of the said
took
in consequence of this declaration and information
form
tled
plaintiff that this affiant says that he knew the said
plaintiff at the said
years that said plaintiff during that
affiant who was
for
of the knowledge of this affiant the said plaintif remained
in the
years without leaving said
state that said plaintif
said
deponent was
in the employ of said
penter that said plaintiff was also employed by one
on that said plaintiff
together with one
man
about
kept a
something like two or three weeks
Question by plaintiff- Is
that you have
Question by the defendant- Did you know the
the convention
Constitution
know
tucky
the first time I saw the plaintiff he was at the
in which employ said
plaintiff was said
about said
said deponent was emoloyed by said
believes the
that
was hired by said
it to be so and
that the boy worked for himself and
his time
he
know from what
to get it from the plaintif for the said plaintif was
hired and he
expected together
Question by the defendant at what time year when
& where were you in
as I can now
Question by Same
Lords
that he did
the plaintiff
& does not know who the said
and at that time said plaintiff was working
for himself as said Deponant
that this
me the
plaintiff as above stated & which
purchase or contract did not take place
for the reason above
know who
brought the plaintiff to the
apples & other produce to sell at the
lick this is the Same
to sell the said plaitiff & Stated that he
was to be
or about this time said Deponant
worked
at the
Question by Defts How long between the
worked at the
between him & said
the negro - answer I do not recollect but
think it is about our year to the best
of my
recollection
was it that you & the plaintiff worked
at the
recollect but to the last of my knowledge it
was two years.
tiff and testified that he
about the year
that while he knew him at the time aforesaid he was
the
ed with the plaintiff as a
some time the witness
almost daily witness never
knew or heard that the plaintiff during
the time aforesaid was absent from the
not know who
not know to whom the plaintiff belonged at that time but under
stood from common
of
over the plaintiff.
on the part of the plaintiff who testified that he became
acquanted
with the plaintiff two or three years ago that the
plaintiff was brought
the defendant and his
purpose of
the plaintiff to be of
a man who
plaintiff who was in his
employ but
testified that he became
five years ago at
since that witness
does not know who claimed said plaintiff
as a slave but understand from the plaintiff
himself that
he belonged to a Mr
to watch
over him and
for the witness and witness
he said he wanted to pay
can to his master
never heard the plaintiff put up any claim to freedom
untill
he commended his suit for freedom
he went to
plaintiff out of the
the plaintiff standing in the
he was handcuffed and
his hand and this man
stated he was guarding him for the
a
not want to take
there would be any danger in
told him there would not
came on show and took the negro before the judge of this
court witness thinks
that the Services of such a man as the
plaintiff would be
he being found.
The following is the substance of the Depositions taken on
the part of the Defendant
& which were read in
he hired
he said
from his master (
working part of the time he left deponants service and shortly after his
master
hire that
six months would go,
upon that
agreed to work
of the six months.
go home to
failed to go and as much as two
him to take him home and
he
wards
ling fellow
follow
that he knew
he was at
pleased at one time
whether he did at that time force him off or
not he does not rec-
ollect, but
he said to
as soon as that was
of
deal of deception on the part of
that
and
Question by defendant: do or do you not know that
plaintiff is and was a slave one of the number belonging to the
estate of
By same Do or do you not know that he was hired at the
Works in
became
Question by Same
deceased
Question by Same. Do or do you not know that I ever received one years him from
any one
I do not
Question by Same. Do or do you not know that I tried frequently to get said
cent
I do know it for I was with him
Question by deft do or do you not knew that
is and was a slave one of the number
belonging to the estate
of
Question by Same
he
is
Question by Same Do or do you not know whether I ever received any thing
for the
Question by Same Do or do you not know that I frequently tired to get said
understood so
Question by Same Have or have you not frequently while said
Answer I have
sworn
Question by deft. Did or did you not have a conversation with
conversation that he had rented
Question by deft. Do or do you not know that
is and was a slave one of the number
belonging to the estate of
Answer. he was
Question by Same Do or do you not know that he was hired at the
as he pleased. & that the deft,
years him for him during his
him Ans. I do.
Question by Same did or did not
of
Question by Same Is or is not
Question by Same Did or did you not bring
the
Question by Same Did or did you not put
as the deft.
Question by Same Did or did you not
say that
in the
with them to let him stay a
money and he would come home and did he not
fail in so
come home.
Colomen
Question Deft.
plaintiff is and was a slave one of the number belonging to the
estate of
Answer He was.
Question by
Question by
become
master
and they could not get him away.
Question by
Question by
Question by
Defendant because
The plaintiff also read in
the 6th
which is in the foll
Section 1st
otherwise than for the punshiment of crimes, whereof
the party shall have been duly
nor female person,
be held to serve any person
as a servant, under any
into such
and on condition of a...
ved
out of then stated, or if in this
state, where the term of service
exceeds one year, be of the
given in cases of
Section
State shall be hired to labour in this state, except within
the trad reserved, for
the
Nor even at that place, for a longer period than one
year at
after the year
twenty five
(To
It was further proven by
that
a
a short time afterwards in the
of one
And it was further
without the known authority & masters
of any person over him.
the
to summon there & actually remain there more
than a year at a time
there more tan a year at a time
a new contract of having then made daily in
also inserted that it was Evident from the Depositions
of John &
not tell all they know touching the matter
in controversy. Because in those Depositions
that
to him he was hired at the
the
the plaintiff & that the Plaintiff became
disobedient to his master
to be on the State in the
then Depositions & other Evidence it appeared
that the Defendant was not the
the plaintiff when he was hired at the
but that
was the owner
The Courts in
the arguments of the plantiff
Jury
that there was no
hired at the
he made the Statement to the Jury as Matter of Law.X
The Defendant Counsel prayed the Courts to give
the following instructions which
1- That by this Constitution of
might lawfully have been hired at the public
emancepation
2- If the jury are satisfied from the evidence that the owner
of
him but was prevented by
not
4- That under the
plaintiff
5- That under the ordinance of
tiff cannot lawfully claim his freedom by reason of
residence in
settlement & the acquisition of a regular
6- That the constitution of
the
ordinance of
the
limits of that state
7- That if the jury shall be of opinion from the evidence that
this suit was brought acknowledged himself a slave such
evidence is legal
The plaintiffs counsel prayed the court to grant the following instruc-
tions which was
1- If the Jury can collect from the evidence that the plaintiff
counsent of his matter he is entitled to his freedom
2- If the plaintiff was disobedient to the person who claimed
him as a slave &
hired
from
3- If the plaintiff proves that he was seen at the
almost daily he has made out a
and it is upon the defendant to show that he left the
The plaintiff here by his Counsel as a
opinion of the Courts as
that there was no
to be owner at the slave when he was
at the Ohis
opinion of
the Courts as
Instructions above asked for by the Defendants
he also
in overruling
tions asked for by the plaintiff & he
the same may be
parts of the record the
Bill
was hired at the saline in
there till
given. The judgment
of the
proceedings in conformity with this
opinion
Judges
I Jos. C
Clerk of the
cial district in the
fy the above and foregoing to be a true and
correct copy of the word of the
judgement of
the Court in the said case of
of color vs
ion of the said Court delivered in the said
case
of Office at office this
teenth day of Febraury in
the year of our Lord eighteen
hundred and thirty one
Filed
--Greeting
We, reposing special trust and confidence in your integrity and circumspection, do require
and command you, that you
cause to come before you. such person, or persons, as shall be
named to you by
ing their knowledge of any thing that may relate to a certain matter of controversy,
now pending in our
for the county of
is defendant, on the part of the said
depositions so taken by you as aforesaid, into writing you are
required to send the same, together with this commission,
enclosed under your seal, to
our said
the
year of our Lord one thousand eight hundred and
Clerks office - In Vacation
On application of the attorney for the plain
-tiff it is ordered that a
of the peace of the
Witness to be read in
evidance on the trail of the above
cause on the part of the plaintiff
The time for taking Depositions &
in the County of
hours of eight o clock in the forenoon
& six o clock in the
afternoon of each of said days. The Depositions may
be taken on any
mentioned in the notice
You are hereby commanded to summon
that setting aside all manner of excuse and delay,
of our
then and there to testify and the truth to say in a certain matter
of controversy now pending in our
said Court, wherein
Dunean is
and have you then
there this writ.
hundred and
Executed this Writ on
in the
You are hereby commanded to summon
that setting aside all manner of excuse and delay, he be and appear
of our
then and there to testify and the truth to say in a certain matter of controversy
now pending in our
said Court, where in
and have you then there this writ.
hundred and
Walker
for pltff
Executed on
by reading to him in
the City of
You are hereby commanded to summon
that setting aside all manner of
excuse and delay, he be and appear in proper person before the Judge
of our
then and there to
testify and the truth to say in a certain matter of controversy now pending in our
said
Court, Wherein
and have you then there this writ.
hundred and
Executed this writ on
on the
the
Coleman
forthwith
You are hereby commanded to summon
that setting aside all manner of excuse and delay, he be and appear in proper person
before the Judge
of our
then
and there to testify and the truth to say in a certain matter of controversy now pending in
our
said Court, wherein
Executed this writ on
1 n
forthwith for
Executed this writ on
him in the
You are hereby commanded to summon
that setting aside all manner of excuse and delay,
of our
then and there to
testify and the truth to say in a certain matter of controversy now pending in our
said
Court, Wherein
and have you then there this writ.
hundred and
Excuted
by
Services $ 1.00
forthwith for
Executed this writ
reading the same to
him in the
Greeting.
We command you to attach
by
bod
the county of
then and there to testify and the truth to say in a certain matter of controversy, now pending in
our
said
has heretofore been summoned, on the part
the
for
defendant
You are hereby commanded to summon
that setting aside all manner of excuse and delay,
Judge of our
pending in our Court, wherein
and
part of the
of
hundred and
Excuted this writ on
1831
&
not found
for plaintiff
The Deposition of
County of
July in the year of our Lord Eighteen hundred and
thirty one.
of
of eight o clock in the forenoon and six oclock in the
afternoon of said day to be read in evidence in a
certain action pending in the
County and
color) is Plaintiff and
of the plaintiff
Sworn and
and saith as follows,
Ans Yes I do
Ans he is of a yellow cast, but not a
he is from forty to forty five years old. I think
he would
five feet ten inches high. he has
a down cast look.
he
said to be a slave or a free man
Ans I first knew him in
he was said to be a slave, belonging to
of
Quest
even hired to laber at the salt works
where was he first hired there and by whom and
how long was he hired there in all
Answer. From the information of
he
works
of
salt works by
In the year
number of other negros from
Quest. 6th Where did you last see the Plaintiff and
when
Answ I saw him about the
year
1831
for four or five years
City of
and for
said County, do hereby certify that the above nam
ed Deponent
whole truth of his knowledge touching the matters in controversy
between the parties aforesaid, that his examination was reduced
to writing and by
him subscribed in my presence on the day
between the hours and at the place in that behalf
first
aforesaid,
I Charles.
=tificate is an acting Justice of the peace
duly sworn
and authorised in and for said county and that
full faith and
spring filed in said county this
of July A D 1831
Against
Depositions
for plff
Depositions of
opened & filed
1831
I
I beleive that he is
of
to
that a
you to be
before me Judge of the
3 Circuit
this
Greeting.
We command you to attach
bod
the county of
then and there to testify and the truth to say in a certain matter of controversy, now
pending in our
said
defendent, wherein the said
Served this writ and
the
in court.
for plff
Greeting.
We command you to attach
by
body before the Judge of our
the county of
then and there to testify and the truth to say in a certain matter of controversy, now
pending in our
said
is
has heretofore been summoned, on the part of the said
city of
Excuted this writ
Body of
for
& for Jos
Court of Suit
To the above named Defendant or
his attorney of
Take notice that on the
day of October
in the
in the forenoon
& five o clock in the afternoon of
that day I shall take the Depositions of
witness
to be read in
Nature of Taking Depositions
I acknowledge that a
copy of the
notice was this day
11th 1831
&
To the above named Defendant or
Take notice that an the
at the office of
forenoon & five Oclock in the
afternoon of that
day I shall take the Depositions of witnesses to be
read in
ptff
Notice of
I acknowledge that
a
copy of the within
notice was this day
11th 1831
--Gretting.
We, reposing special trust and confidence in your integrity and circumspection, do require
and com-
mand you that you cause to come before you such person or persons as shall be
named to you by
or agent,and him or them examine upon his, her or their
corporeal oath (to be by you administered)
touching their knowledge of any thing that may
relate to a certain matter of controversy, now pending in
our
is plaintiff and
you are required
to send the same, together with this commission, enclosed under your seal, to our said
Cir-
cuit Court, with all convenient speed.
at the
the year of our Lord, one thousand eight hundred and thirty-
trail of this cause on the part of the defendant
The above named plaintiff Vincent & G. A. Bird
of a
of the
will be taken, on the
next at the court house in the county of
of eight o clock in the morning & six in
the
afternoon of that day, (and to be continued from
day to day, between the same
hours, if need
be) to be read in evidence on the trial of
the above named cause, on
the part of
the defendant
Executed this Notice by reading it to
the city of
vs
To the above named Defendant or
Esquire his attorney of
that on the
at the office of
A.
M. & 5 O Clock P.
M. of
that day
I shall take the Depositions of witnesses in
this cause
plff
I am giving to
1
Deposition of
examined at
the Court
of Hopkind and
one J. a Justices of Peace
in & for the County & stated
in a certain cause now depending in The
Court of the County St Louis_ I state of
between
=aintiff
and
produced & sworn & examined on the part of defendant deposeth & saith
know
he
tucky in those years
Ansr I did in the year
moved to the
with
I never knew
to the
at the
of
this life in the fall
in the year
not believe from your
well acquainted with
you would have known it if
gone to the
Ansr. I being Sheriff in those years
I am confident that
the death of
1818 in the full & further his depo
nant sayeth not Wm Gordan
I
in & for the County &
State aforesaid
do hereby certify that deponant
sworn to testify the whole
his knowledge touching the mat-
ter in controversy in the cause
aforesaid that depenant was examinded
reduced to writing and
subscri
presence on the
ber in the year eighteen hundred and
thirty one between the Hours of eight in
the forenoon and six in the afternoon at
the court house in the
Given and
of November 1831
also the Deposition of Reed
taken at the
time & place
for the purpose aforesaed being
of lawful age & first
duly sworn
deposeth & saith were you or not
during the years
in those years &
Jr
2 Question by Same
Was
Death of
Question by same Do you or not
know that
lifetime ever sent or hired Vin
cent at
Question by same if
been hired at the
from your in
this deponent
I
certify that Reed
ant was by me sworn to testify the
whole
the matter in controversy in the
cause aforesaid that depanont was
examined and his examination
reduced to writing and subscribed
by said deponant in my presence
on the fifteenth day of November
in the year eighteen hundred
& thirty one between the hours of eight in the
forenoon and six
in the afternoon at the court
house in the county of Hopkins
State of Kentereky given & certifed
the
Sam
also the Deposition of
aforesaid to be
read as Evidence
in the
being of lawfull age &
Question by deft
were you or not
the
plaintiff
Question by same was
5
question by same
who owned
in
Question by same from your
intimacy & knowledge of the
domestic affairs of
would you or not have known
if
Question by same
What distance did you live
from
years & were or not in the habit
of
visiting the family frequent
ly
in the habit
of visting them very
often & further this deponant
State
I
peace in and for the
County and State
aforesaid do hereby certify that
whole
matter in controversy in the cause a foresaid
that deponent was examined and his
examin
-ation reduced to writing and subscribed
said deponent in
day of November eighteen Hundred and thirty
one
and six in the afternoon at the country house
in the county and state aforesaid
Given and certified the
November 1831
I
for the
tucky do certify that in
nexed
at the
and
duced
in the
aforesaid this
Justice fee paid $1.00
It is hereby certified that
on this
eight hundred and thirty one
the peace within and for the
acting as such and that full faith and
are
son
aforesaid (the same being a
unto
at Office this
vember
dred and thirty one
for
of
=teenth day of October in the Year eighteen hundred and
ninty one
forenoon and five oclock in the afternoon of same
day, and to be read in evidnece
of two
Between
plaintiff and
on the holy
that
in the summer of the Year eighteen hundred and
twenty Eight, he was at mineral point in
the Territory of
that time he knew two negro men working under
the
who called then his negroes. that they worked at that
place, as far as
three
weeks. that
to some other
place to work, that said deponent saw
nothing
a trial Between
or there
to his Brother
any
Between the hour first above
mentioned before me
peace
vs
James Duncan
Depos: of
Opend
vs
(for Plaintiff)
The said plaintiff
the
1 because
2 because said
3
properly
Exception to
sition
You are hereby commanded to summon
and
that setting aside all manner of excuse and delay, they be and appear in proper person
before the
Judge of our
pending in our said Court, wherein
plaintiff, and
on the part
of the
day of
thousand eight hundred and thirty-
on the
on
1832
for
on
The
To the
in said
a
aforesaid have been
of witnesses
Defendant. These are Therefore to Command
you
to
they and
before me at the
in the
the
day
the Truth according to the best of then knowledge for
and on behalf of the said
Plaintiff, hereof
Given under my hand and seal this
183/11
25 - 1.50
This is to
This is to
Constables
Summon
Excuted by reading the
within, in hearing of Benjamin
Thomas
1st That if the
the plaintiff hired him to labor and he did actually reside & labor in the territory of
the adoption of constitution of
is entitled to his freedom
given|
2d
-can the father of the defendant was in possession of
as such hired him (
such hiring
unless by evidence it is shown that the
was in some other person than
3rd That if the Jury
the plaintiff was hired by his owner to labor in the State of Illi
nois after the adoption of the Constitution for more than one year at any one time such hiring entitles him to his freedom. |given|
4th That the
of
the ownership of such slave
otherwise
|given|
5th That the constitution of
the time
the question of
in
plantiff is
|not given|
6th
of
the Territory of
Constitution with the
assent of his owner for the purpose of labouring there either
For his own benefit or that of
him master such
residence
|given|
on the
Lord Eighteen hundred and thirty two
of Eight of the
in the afternoon of that day at the House of
in the City of
before me
=pending
in the
between
and
= and
Question
Did you know
Did you know a
time of
Answer
who was the property of the Father of John and
Question by same
Do you know
Answer The
at the
in
Answers- As well as I recollect he was
And further this deponent saith not
on the day, at the place, and within
the hours first aforesaid
County of Cole
Ss
within and for the
do hereby certify that
by me sworn to
touching the matter in controversy aforesaid; that he was
examined and his
and by him subscribed in my presence, on the
day, between
the hours and at the place in that behalf
St Louis County
vs
Be it remembered that on the
trial of this
to the
the cause (here insert the deposition of Adam
Smith
grave Robbert
The defendant admitted that
at the time of
the Commencement of this
suit he held
ing him as a slave-
On the part of the defendant the following
(here
tions and certificates)
After the evidence was closed the plantiff
by his
so far as it affected the question of
effect from the time the state was admitted
into the Union by the resolution of
for that purpose and that of the plaintiff was
hired to labor by his then
master in
did so labor there previous to the
the
said resolution of
is
the court refused to give
The Sourt in changing the
(after the adoption of the Constitution of that state )
then master as the
name is stated in the deposition of "
ouught above to
plaintiff
remaining there at labor as stated in said deposition
To which refusal of the Court to give said instruc
tion asked by the
said instruction contained in the charge to the
the
the Court to
and that it be made part of the record
which is done
Bill of Exceps
filed
vs
has prayed an appeal from the Judgment
&
application for said appeal is
not made for the
purpose of
this
the Judgnment upon which said appeal
is
me this
1832
vs
Affidavit
appeal
page 308
Monday
vs
Appeal from
Now at this day come the parties aforesaid by their
respective
attorneys and all and singular the premises are by them submitted to the
Court and the court now here being sufficiently advised of and concerning
the same
consider that the Judgment aforesaid in form aforesaid by the said
is ordered by the Court that this
cause be remanded to the said
for further proceedings therein in conformity
with the opinion of this court
delivered at this term thereof in the case of
and it is further considered by the Court that the said
recover against the said
by him about the prosecution of his appeal in this case expended and that
he have
thereof execution
I,
Judicial District of the
state of
foregoing is a true copy of the Judgement
rendered by the said court in the case
of
the year Eighteen Hundred and thirty
three
in my office.
my Hand and affixed the seal of the said
District of the of
office in the
second day of June in the Year of our
Lord Eighteen Hundred and thirty three
vs
copy of Judgement
Depositions of Witnesses produced,
at the court house in the
county of
the county & State aforesaid, in a certain cause
now depending in the circuit court of the county
of
of colour), who is plaintiff and
on the part of the deft.
-seth and sayith-
or not acquainted with a certain negro boy named
s.d
was hired in the
acquainted with
county in
force he had from the work that was done
in
his place and my knowledge of his
(as I was frequently there) that the boy was not
hired there during that time Mr.
in
I
do hereby certify, that
nt
was by
of his knowledge touching the matter in
contro
examined, and his
and subcribed by said
on the
O Clock
A.
M. and 6, O Clock, P.
M. at the courthouse
in
gust 1833
Also the Deposition of Alexander Milley
taken at the same time & place named
in
the caption to be
age and first duly
the part of the Defendant, deposith and
Question by Defendant. Were you or not acquainted
with a certain negro by named
or not the boy was hired in
the state of
year
County. Ans I
and was then very often. I know
the boy well and
was well acquianted with Mr.
to this county in the fall
neighbor to me until his oath which was in
I do not believe the boy was ever in the
at the lick until after the old man's death
Mr.
and I worked in the shop a good deal and had
were from home or not and am confident that
he Mr.
to the
And further this deponent
I Merideth Myers a Justice of the peace in and for the
-tify that
by me
-edge touching the matter in
controversy in the
cause aforesaid; the deponent was examined, and
his examination
reduced to writing, and subscribed
by said deponent in my presence on the
of August 1833
ville
in
& certified the
And further proceedings herein are continued
until 8 O'clock tomorrow morning. This
Also the deposition of
on the
=tioned
in the caption to be read as evidence in the
same court this deponent buy of lawful ages and first
duly
deposes and
Question by the defendant
or
and made acquainted with the
Answer I lived
at that time and was well acquainted with
the family
Question by samee did you are not know
a slave
Answer I did.
Question by same do you
any thing of this boy
in
Answer.
I should have
known it as I was being a near neighbour
to Mr.
I
the county of
that
=tify the whole truth of his knowledge
touching the matter
in
examined
by
at the court house in the town of
in the county and state aforesaid
August 1833
And further proceedings herein are contained
8 O'clock tomorrow morning this
Also the deposition of
on the
tioned in the caption to be read as evidence in the
same cause this deponant being of
lawful age and first
duly
=dant
deposes are sayith
Question by defendant how long have
you
years
had you known this
Question by same
ky and did you not live a neighbour to him during
Question by same What time did he come here and
time did he die. Answer To the best of my knowledge
he moved here in the year
16 - 17- and 18 inclusion in the state of
Answer I did not
Question by same
Steel was he a man of good
what is the general opinion of him
Answer I was and I say he is
and for their reason he came
of
the most respectful
two or three
children by the woman he married went
off and left him and the reaseon why he done so I
whether he is
I
for ths
county of
certify
that
to testify the whole truth of his knowledge touching the
matter in
=nant was examined and his
examination reduced to
=isonville in the county and state
aforesaid
Given and certified this
And further proceedings
8 O'clock
Third Judicial District.
that at a
districk of the
at the city of
trict on the Second Monday of
the year of
our Lord one thousand eight hundred
and thirty
proceedings of said Court on which
as follows.
vs
And now at this day come the parties afore
said by their
now him being Sufficiently advised of and
ment aforesaid in form
aforesaid by
for futher proceedings to the said Cause in
Conformity with the opinion of this Court
in this
case, and it is further
the said
can his
prosecution of his writ of
ded, and that he have thereof
The opinion of the Court
This is an action for freedom under the
ed the general issue and that the plaintiff was
a slave
on to both which
found for
the defendant and judgement was given
accordingly. To
brought up the case by writ of Error.
It was in
to
labour at the
he was taken and carried
he was the
reputed slave of a family in
by the name of
times the defendant were in the
habit of going to
the
and receiving pay for his hire. That the plaintiff
after remaining
these some time became
to
to
tence got
the
was taken
that in
the defendant to be disposed
of at the defendant's
pleasure that issue the plaintiff had been in
he had
admitted himself to be the slave of
can. The
constitution of
have been hired at the
year to year without being removed to any other
State at the end of each year without “working” his
2. If the Jury are satisfied that the owner of
from
the
prevented by
not
3. That under the ordinance of
that
till
4. That under the ordinance of
can not
lawfully claim his freedom by reason of
any residence in
to a permanent settlement and the acquistion of a
5. That the Constitution of
not be controlled by the ordinance
of
existence of slavery within that State.
6. That if the
plaintiff constantly down to the
this suit was brought acknowledged himself a
slave such
evidence is legal and valid and they may
found their verdict upon it.
These instructions are
1st By the
Constitution of
for more than 12 months at a time.
If a negro were really hired to labor at the
for five years the fact that the
negro at the end
of each year was removedk over to
We conceive then that if the negro were in good faith
hired there for one year only
that at the end of the
first year he might be again hired another year
without being
taken across the line of the State.
In this instruction then nothing wrong is seen
2nd If the owner of
negro for 12 months at the saline an involuntary escape
of his
negro at the end of the year would hardly be
construed to cause a
be conceived that the evidence here given could
warrant such an instruction.
It rather appears that the negro was unwilling to go
The instruction then is wrong.
3 Nothing can be conceived more
instructions here asked. The ordinance was made to
prevent the introduction of slaves
into the
of which
several
look them with him into
side there and did
it was
come free. If he stay in
over to
lation of the provisions of the ordinance The
here is that his owner
to
the case is provided for by act
of the case did not
might mislead the
4. The object of this instruction is not easily
not capable of
acquiring
ment or regular
is also
5th This instruction is not
6th Any fact admitted by the plaintiff might
be given in evidence against him and he
would be
reduced to the
But whether he be a slave or not is a conclusion
of law from certain facts which may
or may not
would be no evidence.
This instruction was surely wrong.
The Counsel for the plaintiffs prayed the court
to instruct the
the
the
The constitution of
It
of the
and
and acting as
faith
aforesaid (
by law) have
1833
vs
for
I wish you to
tion of the sd negro slave if
he believes
Alex Roger you are
vs
Opened filed
vs
You are hereby commanded to summon
that
setting aside all manner of excuse and delay, he be and appear in proper person
before
the Judge of our
the truth to say in a certain matter of controversy
now pending in our said Court,
wherein
part of the
in the year of our Lord one thousand eight hundred and thirty
Service this
on the
the
vs
for
Plaintiff
You are hereby commanded to summon
that setting aside all manner of excuse and delay, he be and appear in proper person
before the judge of our
the truth to say in a certain matter
of controversy now pending in our said Court,
wherein
part of the
in the year of our Lord one thousand eight hundred and thirty
for
1832;
-Greeting.
We command you to attach
by
the Judge of our
certain matter of controversy, now pending in our said
is
defendant wherein the said
heretofore been summoned on the part of the said
the
in the year of our Lord, one thousand eight hundred and thirty
of
for
We command you to summon Eighteen good and lawful men
of your county that they be and
appear before the Judge of
for the county aforesaid on Wednesday the
at the hour of
and there to serve as
our said
Eight Hundred and thirty four
ing named persons to who are
good &
attend &
& place as by this writ I
owe
to wit
1
2 John
Martin
Simpson John Riggin
1. By the Constitution of
lawfully have been hired at the this
any other state at the end of each year,
without working
his
given
in
& atten plea to do so
the plaintiff cannot recover.
2. Under the
cannot
from
not given
3. Under the
cannot carefully
of any residence in
of a free
the
not given
4. The Constitution of
controlled by the
given
6
vs
vs
constitution which could authorize
in that State in any shape
slavery cannon exist in
L Because the cause for
&c which was
Law or seal Constitutions
3. The Constitution of
construction of
4 That according to the construction slaves
Ohil
as was bound to labor by contrast or
Induenture
5 If the
limited
no slave should be hired at that place for
more than a year at a time
Instructions
rejected
1. If the
plaintiff
the year
|given|
2) If the
the
year
the
than a year at a time the plantiff is
|rejected|
3) If the Plantiff was
pretty much as he pleased while hired
|rejected|
4 If
at the
has made
&
the
The
|given|
1. That by the constitution of
might lawfully have hired at the public
in
of the year
without working his
|given|
2. If the
the owner of
was desirous of
him but was prevented by
self, the
plantiff cannot
|not given|
3.That if the
that
|given|
4. That under the
of
the plantiff brought at the
(given)
5. That under the
clam his freedom by reson of any
in
went
|given|
6. That the Constitution of
cannot be controlled by the
(given)
7. That if the jury shall be of opinion from the evidence
that
evidence is legal valid
and they may found their verdict upon it.
|given|
8. If
the
cannot
vs
Instructions
