a free man

This is an action of trespass assault and battery and false imprisonment Damages $ 200

a Summons of John H GayJohn H Gay and John WJohn W Honey

Executed this writ on John WJohn W Honey June 26, 1829 by reading to him the affidavit, , declaration, writ & order of the Judge . On John H GayJohn H Gay June 27, 1829. He refusing to hear the same read & acknowledge served. All done in county of St LouisSt. Louis.

Nicholas JonesNicholas Jones a free man of colour complains of John WJohn W Honey and John H GayJohn H Gay of a plea of trespass , For that whereas the said John WJohn W and John HJohn H on the first day of May in the year eighteen hundred and twenty nine with force and arms at the County aforesaid made an assault upon the said NicholasNicholas and then and there beat bruised and wounded the said NicholasNicholas and then and there imprisoned him the said NicholasNicholas and kept and detained him the said NicholasNicholas in prison there without any reasonable or proper cause whatsoever , for a long time to wit for the space of thirty days then next following, contrary to the laws of this state and against the will of the said NicholasNicholas wherefore he says he is injured and hath sustained damage to the amount of five hundred dollars and therefore he brings suit &c

We command you to summon John WJohn W. Honey and John H GayJohn John H GayH John H GayGay that they he 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 Nicholas JonesNicholas Jones a free man of color of a Plea of trespass wherefore he says he is injured and hath sustained damage to the amount of Five Hundred dollars and have you then there this writ

The petition of Nicholas JonesNicholas Jones respectfully showeth that he is detained in custody as a slave by John WJohn W Honey and John H GayJohn H Gay illegally be cause he is entitled to his freedom.

The said NicholasNicholas says that he is entitled to his freedom because he was by his former Master Trueman Tyler of Prince George County MarylandMaryland regularly emancipated many years by the according to the laws of the State of MarylandMaryland. The said NicholasNicholas prays that he may be to sue as a poor person.

agent for the Plaintiff

Personally appeared before the a Justice of the peace of St. Louis County the above named Nicholas JonesNicholas Jones who being by me duly sworn upon his oath says that the faith stated in the foregoing petition are true

The within named Nicholas JonesNicholas Jones is to sue as a poor person to establish his right to freedom and John D Coulter is asigned as his counsel and the Clerk of St LouisSt. Louis Circuit Cort is hereby directed to sue accordingly

It is also ordered that the said petitioner have reasonable liberty to attend his counsel and the Court, when occasion may require; and that he shall not be taken out of the jurisdiction of the Court, nor be subject to any severity because of his application for freedom.

And the said John WJohn John WW. Honey and John H. Gay , by their attorney , come and defend the force and injury when and say they are not guilty of the and trespass above said to then charge, nor any of them , in manner as the said Nicholas JonesNicholas Jones has above complained against them, and of this they put themselves upon the Country.

And for a further plea in this behalf the said John WJohn W Honey and John H GayJohn John H GayH Gay against the said plaintiff ought to be banned from having his action aforesaid against them herewith they say that at the time when the said supposed wrongs and trespass above complained of, are alleged to have him committed, by the said defendants, the said plaintiff was , and still is a slave, to wit at the County of St LouisCounty County of St Louisof County of St LouisSt. County of St LouisLouis aforesaid, without this, that the said plaintiff, at the said time when hereby a freeman , as in and by his said declaration is above supposed, and of this they put themselves upon the Country.

350437Book 5 458 court 326

Book 6 Judgement for plantiff damages 1 cent Book 6 page 32

1st plea Not Guilty

2 plea palintiff is a slave

1. not Guilty

Plt is a slave

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 Nicholas JonesNicholas Jones or John H GayJohn H Gay and & J W Honey their attorney or agent and him, her or them examine upon his, her or their corporal oath (to be by you adminidtered) touching their knowledge of any thing that may relate to a certain matter of controversy, now pending in our Circuit CourtCircuit Court, for the county of St LouisSt. Louis, wherein Nicholas JonesNicholas Jones is plaintiff and John H. Gay & John WJohn John WW Honey an defendant on the part of the said plantiff and having reduced the said depositions so taken by you as aforesaid into writing, you are required to send the same, together with this commision enclosed under your seal, to our said circuit court, with all convenient speed.

On motion of the Attorny for the said plantiff it is ruled that a Judge or Justice of the peace of the State of MarylandMaryland to take the depostions of witness to be near in evidence in the trail of the above cause on the part of the said plantiff

WilliamWilliam Hennry Peace being Duly sworn upon the Holy of and saith that some time about the year 1816 or 1817 he knew a colour ed boy of the name of a Nicholas JonesNicholas Jones about 12 years of age. That this deponent had a difference with the said Nicholas JonesNicholasNicholas JonesJones, upon which he threw a shell at and cut the said Nicholas upon the ear

on the 12 of Febuary 1830 appeared before then duly swore unto a Justice of the Peace for said County and for WilliamWilliam H. Peace and made oath that the fact as stated alon an true

I hereby certify that James HunterJames James HunterHunter Gentleman who appears to have taken and signed the aforegoing deposition the June of a doing are of the State of Marylands Justice of the peace in and for anne arundel County duly Commissioned and Sworn

Richard JRichard J JonesJones being sworn whom the Holy of Almighty God the and saith that sometime in the year 1821 he sent the sum of five dollars to named JonesJones (a freeman of color)for the purpose of de- fraying expenses incident to carry-ing Nicholas JonesNicholas Jones ( son of the said sworn ) on board of a vessel commanded by a certain John JohnsonJohn John JohnsonJohnson. This deponent further saith that he has a perfect re collection of the said Nicholas JonesNicholas Jones and that he was at the time afore said about 14 or 15 years of Age that in or about the month of August 1821 this deponent had a with the said John commanded as aforesaid in which this deponent distinctly understood that the said that the said JohnsonJohnson at the and of the Father the said AaronAaron aon board his vessel and em- the said Nicholas JonesNicholas Jones as a labourer owning his (the said Johnson's) voyage From this fort ( Annapolis ) to the fort of New OrleansOrleans and the return voyage. That this deponent always understood and verily believes the said Nicholas JonesNicholas Nicholas JonesJones was a free person entitled to his freedom.

I herby Certify that James HunterJames James HunterHunter Gentlmen who appears to have taken and signed the aforegoing deposition was at the time of so doing one of the State of, Marylands Justices of the Peace in and for AnneAnne Arundel CountyArundel Arundel CountyCounty duly Commissioned and sworn

Grace makes oath an the of almighty God that Truman Tyler late of Prince Geroge County with state of MarylandMaryland was mad in the possesion of and the owner of a negro Boy called Nicholas JonesNicholas Nicholas JonesJones that with one thousand eight hundred and twenty six when the said Boy was about there months old the said Truman Tyler whose slave the mother of the said Boy died places on said Boy in the possesion of his father a free Man of color called Aaron Jones, but this oponent does not her knowledge whether the said Truman Tyler maintained him or upon what Terms he was given to his father-- she states however that the said Boy has never said in possesion of said TylerTyler

I hereby Certify that James HunterJames James HunterHunter Gentleman who appears to have taken and signed the aforegoing deposition was at the time of so doing one of the state of Maryland’s Justices of the Peace in and for AnneAnne Arundel CountyArundel Arundel CountyCounty duly Commissioned and sworn.

filed 3rd May 1830