Your petitioner, PeterPeter, represents to your honour that he was born in North CarolinaCarolina, the property of MM. Wal- ton; that the said William WaltonWilliam Walton emigra- ted from the said William WaltonWilliam Walton emigrated fr state of North CarolinaCarolina to the MissouriState of Missouri about twenty one years since, and brought your petitioner with him as his property; that about one year after the residence of the said Walter in this State, he gave your petitioner to his daughter ElizabethElizabeth Lunsford, wife of Edward Lunsford, who resided in the North Western Territory; that the said ElizabethElizabeth Lunsford took your petitioner from the house of William WaltonWilliam William WaltonWalton and carried him to the state of IllinoisIllinois, to the house of Edward Lunsford, where your petitioner remained a-bout two years in the employment of EdwardEdward and ElizabethElizabeth Lunsford; that your petitioner is now held in slavery by James WaltonJames James WaltonWalton , who resides in the County of St LouisCounty of St. Louis and MissouriState of Missouri when your petitioner is advised and belives he is entitled to y his freedom, and prays that he may be permitted to sue in form a pauper to establish his right thereto, and that such other orders may be made in the premises as the law directs, and as may seem meet and propose to your honour.

This day personally appeared before me. PeterPeter a slave, nien, a Justice of the peaace within and for the County of St LouisCounty of St.Louis aforesaid, PeterPeter, the above petitioner, who being duly sworn, , says that the facts set out in the foregoing petition, are true to the heat of his knowledge.

Petition to sue in forma pauperis.

The within named PeterPeter is permitted suit on the foregoing petition as a poor person. To establish his freedom and John C EdwardsEdwards Esquire is assigned as his Counsel It is moreover ordered that the petitioner have reasonable liberty to attend his Counsel and the court when may require and Charlie Peterman shall not be taken or removed out of the jurisdiction of the Court nor be subject to any severity because of his application for freedom. Given under my hand of my chambers this 20. day of June 1829

Executed this writ on James WaltonJames Walton within the county of St LouisSt Louis July 6. 1829 by handing to him the Declaration summons and order of the Judge.

Declaration

PeterPeter, by his attorney Jno . C. EdwardsEdwards complains of James WaltonJames Walton in a plea of trespass : For that the said James WaltonJames Walton on the 23rd day of June, 1829, with force and arms, made an assault upon the said PeterPeter, to wit, at the county of St LouisSt. Louis and MissouriState of Missouri, and then and there beat bruised and ill treated him the said PeterPeter, and kept and de-tained him in prison there, without any reasonable or probable cause , for a long time, to wit, for the space of twelve hours then next following; and the said PeterPeter overs that before and at the time of committing these grievances he was and still is a free person, and that the defendant held and detained him and still holds and detains him in prisonslavery, contrary to the law of the land and against the will of the said PeterPeter. And other wrongs to the said PeterPeter then and there did to the great damage of the said PeterPeter; wherefore the said PeterPeter saith he is injured, and hath sustained damages to the amount as five hundred and therefore he brings his suit .

Declaration

We Command you to summon James WaltonJames Walton that he be and appear before the judge of our Circuit CourtCircuit Court at the next term thereof to be held at the city of St LouisSaint Louis within and for the County of St LouisCounty of St. Louis on the fourth Monday of July next then and there to answer unto PeterPeter in a plea of trespass wherefore the said PeterPeter saith he is injured and hath sustained damages to the amount of five hundred dollars and have you then there this writ

This day personally appeares, PeterPeter, before me Joseph B Turner a justice of the peace within and for said county, and makes oath , that an order made by your honour the Judge of the Circuit Court of the County of St LouisCounty of St. Louis and state of Mri . in a suit instituted by said PeterPeter, the affiant, for his freedom, against James WaltonJames James WaltonWalton , has been . The affiant states first that he had been treated with unusual severity on account of his having instituted this suit for his freedom: secondly, the affiant states that he believes he is about to be subjected to further severity on the same account: and your affiant farther states that he believes he is about to be removed out of the jurisdiction of the above count.

Filed July 31st 1829

And the said James WaltonJames Walton by GeyerGeyer his attorney comes and defends the force and injury when and says that he is not guilty of the said supposed trespass above said to his charge or any part thereof in manner and form as the said plaintiff had above there of complained against him. And of this the said JamesJames puts himself upon the County

filed August 3rd 1829

Non suit Book 5 page 461 Bill of Exceptions filed page 485 Archibald GambleA Gamble Clerk

You are hereby commanded to summon, J. Taylor Walton Archibald W. Donald that setting aside all manner of excuse and delay, they be and appear in proper person before the Judge of our Circuit CourtCircuit Court, on the Seventh day of December , at the City of St LouisCity of City of St LouisSt. Louis, then and there to testify and the truth to say in a certain matter of controversy now pend-ing in our said Court, wherein PeterPeter is plaintiff and James WaltonJames Walton is defendant on the part of the plaintiff; and have you then there this writ.

Executed this writ on ArchibaldArchibald W. Donald Nov 12th 1829 on John. J. Walton November 19th 1829 by Reading the terms to him

for the plaintiff

You are hereby commanded to summon Henry WaltonHenry Henry WaltonWalton and George WaltonGeorge George WaltonWalton that setting aside all manner of excuse and delay, they be and appear in proper person before the Judge of our Circuit CourtCircuit Court, on the Seventh day of December at the City of St LouisCity of City of St LouisSt. Louis, then and there to testify and the truth to say in a certain matter of controversy now pending in our said Court, wherein PeterPeter is plaintiff, and James WaltonJames Walton is defendant, on the part of the defendant; and have you then there this writ.

Executed this writ on HenryHenry Wallon November 12 1829 on George Watton 5th 1829 by Reading to them

for Defendant

PeterPeter, the above named Plaintiff, states that John J. Walton , and Archibald McDonaldArchibald McDonald , are materila witnesses in the above cause , that no other witness is in attend ance upon , whose evi-dence the party can safely rely to prove the particular fact which the absent witnesses are expected to prove , that the applicant believes he can-not go to trial safely without the testimony of the absent witnesses , that they are not absent with his or , and that these witnesses were summoned , as he believes , to give testimony in this cause some time before the commencement of this court.

Affidavit for a Continuance.

Be it remembered that in the November term of the St LouisSt. Louis circuit court, in the year of our lord 1829, came PeterPeter, by his attorney, Jno. C. EdwardsEdwards, and upon the calling of the aforesaid cause for trial, moved for a continuance of the same, on the ground of absence of testimony, and offered the following affidavit in support of said motion:

PeterPeter, the above named plaintiff, states that John J.Walton and Archibald McDaniel are material witnesses in the above cause , that no other witness is in attendance upon whose evidence the party can safely rely to prove the particular fact, which the absent witnesses are expected to prove, that the applicant belives he cannot go to trail safely without the testi-mony of the absent witnesses, that they are not absent with his or procure-ment, and that these witnesses were summoned, as he belives, to give testimony in this cause some time before the commencement of this court.

The court over_ruled the motion for a continuance, on the ground that the affida davit was insufficient in not stating that the witnesses were absent. To this opinion, the counsel for the plaintiff excepts, asid prays the Judge to allow, and sign and seal the same a

Bill of Exceptions Filed January 22nd 1830

This day personally appears PeterPeter, the above named plaintiff, and makes oath that the application for an appeal in the above case is not made for the purposes of vexation or delay, but because the affiant verily believs himself aggrieved by the decision upon which this appeal is prayed.

Affadavit.

filed January 28th 1830