Title: Carey Ewton vs. Benjamin Wilder
Plaintiff: Ewton, Carey, alias Ootow
Defendant: Wilder, Benjamin
Date Filed: August 10, 1829
Term: July Term, 1829
Cause of Action: TrespassAssault and BatteryFalse Imprisonment
Case Number: 10
Court: St. Louis Circuit Court
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
To the Honorable the
at the present July
The petition of Carey Euston, alias
Colour held in slavery humbly & presents: That he was
as a slave, in the family of one
in the state of
and where your petitioner was
petitioner was end by virtue
was purchased by one Richard Cox, and by him he
moved from the state of
=ton
County in the state of
said Richard Cox helld your petitioner in bondage and treated
him, as his slave, until about the year
the said Richard Cox sold your petitionor as a slave to
one John Hughes of
last purchaser, John Hughes, kept and detained your petitioner
in slavery in
year
sent your petitioner to the state, of
by his brother
to the Tour of Palmyra,
when your petitioner was held in slavery four or five
months, when the said
removed to
state of
the said
petitioner as a slave, and set and kept your petitioner
digging lead
the state of the
Your petitioner further states, that he was then removed
state of
the said
to one
petitioner to H. Charles in this State, and sold him as a slave
to one
in bondage and slavery in H. Charles, until his death, which
happened only two or three years ago, Your petitioner
further, that since the death of the said
alias
the said
Estate, and purchased by
your petitioner to
a slave, by exercising all control over him, and receiving
the benefit and labor of your petitioner at mile and pleasure,
and whom the said
in bondage and slavery for the last two years.
Your petitioner
=self
as above stated, and your petitioner having been forced away
out of the said state of
in the night reason - after having
of time,- that he is by the laws of the lands entitled to his
freedom, - Your petitioner therefore prays this honorable Court,
that he may be permitted to institute a suit in this Circut, against
freedom, and that your petitioner may be permitted to sue
as a poor person; and that this honorable Court will appoint
or assign Counsel to your petition to prosecute his right or
or claim to freedom,
honorable Court to make an order that your petitioner be
permitted to attend his Counsel or this Court, or reasonable
liberty to attend either
and that your petitioner shall not be taken or removed
out of this jurisdiction of this Court, nor be subject to any
severity of treatment because of his application for freedom,
which said several orders, if this honorable Court, will make
for your petitioner, he feels assured that he will be
able to fully establish his freedom by then
and to the full satisfaction of this honorable Court, and
as in duty bound your petitioner will ever pray
Carey his
Personally appeared beore me, the undersigned
one of the Justice of the peace within and for the Country
of
set forth in the above petitioner so far as stated on his own
knowledge are correct and true, and those stated on
the information of others he believes to be so = and further, that
he has cause to suspect and believe, and
believe that he is about to be removed without the jurisdic=
tion of this Court, to prevent this applicant from establishing
his right or claim to freedom -
me this
the peace
John T. Darby presents the petition of
to institute suit against
right to freedom and that he may be permitted to sue as a
poor person - thereupon the Court permits the said
action of assault and battery and fase imprisonment to be
commenced against
name of the said
John T. Darby as his Counsel and it is ordered by the Court
that he said defendant permit the said
and the Court when occasion may require it and that the said
Jurisdiction of this court and that he shall not be
any
for freedom
to the
filed
of color by Darly his
hundred and twenty nine
made an assault upon the said plaintiff, to
the County of St. Lous aforesaid, and then
and there beat
said plaintiff, and then and there imprisoned
him the Said plaintiff, and kept and detained
him in prison then, without any resonable or probable
cause whatever, and against the
plaintiff and then and there held and detained
him the said plaintiff and there holds and detains
him in slavery, and the said plaintiff
before and at the time of committing the said
several
wherefore the said plaintiff
and hath sustained damage to the value of
five hundred dollars and therefore he bring
suit
By
a man of color
filed
This is an action
assault
imprisonment - suit for freedom
one Count only -
Damage $500
the orders of
Greeting.
We command you to
that he be and appear before the Judge of our
fourth Monday of November next
answer
of a
of said plaintiff of five hundred dollars and
Said Court at Office this
August 1829
You are hereby commanded to have the body
of
as it is said under a safe and secure conduct together
or with the day and cause of his being taken and
detained by whatsoever name he shall be called in
the same before our
of S. Louis immediately after the receipt of this writ
to do and receive all and
which our said Court shall then and their consider
concerning him in this behalf and have you then
there this writ -
of our said Court at
This writ was executed in
reading the
By
vs
Carey
And the said
by his attorney comes and defends
the
and
in his said declaration above
complained against him and of
this he puts himself upon the County
filed
ads
plea not
filed
You are hereby commanded to summon
Fevo Vallé - Barney Handley and James Barry
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
and
part of the
of
eight hundred and
vs
for plaintiff
Elijah Smith
+ Barney Handly 27
+ James Barry 27
on
Mupian not found
You are hereby commanded to summon
that setting aside all manner of excuse and delay,
of our
and there to testify and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
at the
the year of our Lord one thousand eight hundred and thirty-
X Gnoch Price
G
