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Title: John Singleton vs. Alinander Scott, Robert Lewis
Plaintiff: Singleton, John
Defendant: Scott, AlinanderLewis, Robert
Date Filed:
Term: November Term 1827
Cause of Action: Assault and BatteryTrespassFalse Imprisonment
Case Number: 23
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 WilliamWilliam C. CarrCarr Judge of the circuit court of the country of St LouisSt. Louis.

The Petition of John SingletonJohn Singleton, a man of colour, represents to your honor, that he is a free man, according to & by the laws of the land, having been born of a free mother in the state of IllinoisIllinois and having been reared there from his birth to manhood that his mother, Phillis Singleton, before the birth of your petitioner, was the slave of one Ogle, now an inhabitant of St. Clair county of IllinoisIllinois , and was emancipated by said Ogle before the birth of your petitioner, which happened some time in the year...

And your petitioner further represents, that he always, from his birth, enjoyed and exercise his natural freedom , in the state of IllinoisIllinois until about six years ago, which your petitioner was stolen and kidnapped by one J... Lamkins, and was taken by him as a slave to the now state of AlabamaAlabama , where said Lamkims sold your petitioner as a slave, to one Zachariah Neal, against whom your petitioner brought suit for his freedom, but the forsaid suit could be decided, you petitioner was taken from there to New OrleansOrleans , by one HenryHenry Byron , who sold your petitioner there as a slave , & your petitioner, soon after came into the hands and possession of our Robert LewisRobert Robert LewisLewis, who claims your petitioner to be his slave , but by what means or by what authority your petitioner does not know. That your petitioner knowing his rights to freedom, attempted to regain it, and went an board the steam boat AmericaAmerica of St LouisSt. Louis. commanded by Mr. Alexander ScottAlexander Alexander ScottScott and came to the City of St LouisCity of St. Louis in the state of MissouriMissouri , some time in august, of the present year where your petitioner was arrested and cart into the common jail of the county of St LouisSt. Louis, where he now is, by the authority and order, as your petitioner is informed & believes, by of Alexander ScottAlexander Alexander ScottScott . as a run away slave , the property of said Robert LewisRobert Lewis with the avowed intention of sending or carrying your petitioner to New OrleansOrleans , and returning him to the custody & possession of said LewisLewis. And your petitioner is informed and believes, that your petitioner was arrested & imprisoned as aforesaid, by said ScottScott - as the agent or attorney , of said LewisLewis, and by & under his authority. Your petitioner therefore prays that your honor will permit & order that he shall be allowed to institute his suit against said ScottScott and LewisLewis for the recovery of his freedom, and that he may be permitted to sue as a poor person . And your petitioner further prays that your honor issue your writ of Habeas Corpus, directed to said ScottScott, and to the Sheriff of St LouisSt. Louis county, in whose custody your petitioner now is for the body of your petitioner, and that your honor will therefore take such order in behalf of your petitioner as shall

sum met and proper your petitioner not being detained for any criminal or supposed criminal charge and your petitioner will ever pray

John his mark X Singleton
State of MissouriMissouri County of St LouisCounty of St. Louis

Personally appeared before me the undersigned a Justice of the peace within and for the County of St LouisCounty of St. Louis John SingletonJohn John SingletonSingleton the person whose name is subscribed to the fore going petition, who being by me Sworn upon his corporal oath, saith, that the facts set forth in said petition as stated upon his aver know- ledge are true, and those stated are heresay of others he believes to be true.

St LouisSt. Louis august 30th 1829 Sworn to and subscribed before me PeterPeter FergusonFerguson Justice of the Peace County St LouisCounty St. Louis John his mark X Singleton
MissouriState of Missouri Third judicial Circuit County of St LouisCounty of St. Louis sct.

It is hereby ordered that the above named John SingletonJohn John SingletonSingleton the petitioner be permitted to institute a suit as a poor person to by his claim to freedom agreeable to the statute of such case made and provided by IssacIssac C. McGirkMcGirk Esquire is assigned to him as counsel . It is moreover ordered that the petitioner have reasonable liberty to allowed his counsel and the court when occasion may require and that he shall not be taken or removed out of the jurisdiction of of the court nor be subject to any severity because of his application for freedom given under my hand at chambers this 31st of August 1827.

WillWill C. CarrCarr Judge of the Circuit aforesaid
John SingletonJohn John SingletonSingleton vs Alexr Scott and Robert LewisRobert Robert LewisLewis

Petition to be permitted to the sue for his freedom.

State of MissouriMissouri County of St LouisCounty of St. Louis In the Circuit court of St. Louis County, November Term 1827

John SingletonJohn John SingletonSingleton , a free man of colour complains of Alinander ScottAlinander Alinander ScottScott and Robert LewisRobert Robert LewisLewis of a plea of Trespass ; For that the said Alinander ScottAlinander Alinander ScottScott & Robert LewisRobert Robert LewisLewis , on the twenty seventh day of august, in the year of our Lord eighteen hundred and twenty seven, with force and arms, made an assault in and upon the body of him the said John SingletonJohn John SingletonSingleton , to wit, at the County of St LouisCounty of St. Louis in the state of MissouriMissouri , and then and there beat , bruised and ill treated him the said John, and then & there imprisoned him the said John and Kept and detained him in prison there , for a long time , to wit for the space and term of eight days, then following and still keep and detain him in prison , without any reasonable or probable cause whatsoever , contrary to the laws of the land, and against the will of the said John; and other wrongs to the said John then and there did against the peace and dignity of said state, and to the damage of the said John of five hundred dollars, and therefore he brings his suit, &c.

IssacIssac C. McGirkMcGirk Atty for Pltff, assigned
No 23 St LouisSt Louis Circt Court Nov. Term, 1827. John SingletonJohn Singleton vs Alinander ScottAlinander Scott & Robert LewisRobert Lewis

To the Clerk. This is an action of assault & Battery & false imprisonment to try pltffs right to freedom.

Issue a Summons for defendants.

I. C. McGirkMcGirk atty P.Q. Filed 3rd September 1827 Archibald GambleArch Archibald GambleGamble Clerk

Executed this writ on Alexander ScottAlexander Alexander ScottScott. September 5th 1827 by delivering a certified copy of the declaration, order of the judge, and the summons. Robert LewisRobert Lewis not found in my county

R SimpsonR Simpson Sheriff

Service $ 1.00 non Est .50

John SingletonJohn John SingletonSingleton vs A Scott

And the said defendant comes and defends the force and injury whereas and say they are not guilty of the Trespasses and imprisonments in the declaration mentioned in manner & form as the plaintiff hath above thereof complained against him and of this he puts himself upon the county &

And the said plaintiff doth the like. . I.C. McGirkMcGirk for Pltff
Singleton vs ScottScott

Plea

In st.Louis

Singleton vs ScottScott

Plea Robert LewisRobert Lewis

filed January 8th 1829

A Gambled Clerk.
County Of St LouisSt. Louis, Sct. The MissouriState of Missouri, To The Sheriff Of St LouisSaint Louis County--Greeting:

You are hereby commanded to summon Clayton TiffinClayton Clayton TiffinTiffin - William HopkinsWilliam Cox WilliamWilliam William HopkinsHopkins Samuel WigginSamuel Samuel WigginWiggin 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 Third day of April , at the 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 John SingletonJohn John SingletonSingleton is plaintiff, and Alexander ScottAlexander Alexander ScottScott is defendant, on the part of the plaintiff; and have you then there this writ.

Witness, Archibald GambleArchibald Gamble, Clerk of our said Circuit CourtCircuit Circuit CourtCourt, at the city of St LouisSt. Louis, this 12th day of March in the year of our Lord one thousand eight hundred and twenty eight Archibald GambleArchibald Gamble Clerk C. C.

Executed this writ on Clayton TiffinClayton Tiffin and William HopkinsWilliam William HopkinsHopkins and William Cox by reading to the same this 18th day of March 1828. Samuel WigginSamuel Samuel WigginWiggin not found

Service 1.50
March 1828 John SingletonJohn Singleton vs Scott, Lewis

for Clayton TiffinClayton Tiffin, William Cox, WilliamWilliam Hopkins Samuel WigginSamuel Samuel WigginWiggin for plaintiff 3rd April

State of MissouriMissouri County of St LouisCounty of St. Louis In the circuit court of St LouisSt. Louis county, Novr. Term 1827

John SingletonJohn Singleton, a freeman of color , complains of Alinander ScottAlinander Scott and Robert LewisRobert Robert LewisLewis of a plea of Trespass ; For that the said Alinander ScottAlinander Scott and Robert LewisRobert Lewis, on the twenty seventh day of august, in the year of our Lord Eighteen hundred and twenty seven, with force and arms, made an assault in and upon the body of him the said John SingletonJohn Singleton, to wit, at the county of St LouisSt. St LouisLouis in the state of MissouriMissouri, and then & there beat, bruised and ill treated him the said John, and then and there imprisoned him the said John, and Kept and detained him in in prison for a long time , to wit, for the span and term of eight days then next following, and still detains him in person, without any reasonable or probable cause whatsoever, contrary to the laws of the land, and against the will of the said John, and other wrongs to the said John then and there did, against the peace and dignity of the state; And the said plaintiff avers , that before and at the time of the committing the said grievances he was and still is a free person , and that the said defendants then & there held and detained him, the plaintiff, & still hold & detain him in slavery the said plaintiff saith he is injured and hath sustained damages in the sum of five hundred dollars, and therefore he brings his suit , &c.

I C. McGirkMcGirk Atty for pltff
John SingletonJohn Singleton vs A. Scott & Robert LewisRobert Robert LewisLewis

March Term 1828 Amended declaration I . C. McGirkMc McGirkGirk for plff

filed April 22nd 1828 Agamble Clerk