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Title: George Relf vs. Thompson H. Ficklin
Plaintiff: Relf, George
Defendant: Ficklin, Thompson H.
Date Filed:
Term: July Term 1828July 5, 1828
Cause of Action: TrespassAssault and BatteryFalse Imprisonment
Case Number: 64
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 Circuit CourtCircuit Court within and for the county of St LouisSt. Louis a the judge Thereof

The petition of GeorgeGeorge a man of colour commonly called George RelfeGeorge Relfe humbly whereto that your said petitioner was born a slave in the state of VirginiaVirginia the property of an James DuffJames James DuffDuff and intermarriage of one James H RelfeJames James H RelfeH. Relfe with the daughter of said Duff your petitioner was by his said master given and delivered to his said son in law James H RelfeJames James H RelfeH. Relfe that said James H RelfeJames H. Relfe after his marriage rended some time at Wheely in VirginiaVirginia and removed thence in the year 1815 and after remaining about one month at St. Genevieve in MissouriMissouri, settled in the then territory now state of IllinoisIllinois and resided there about two years. where he again removed and settled in MissouriMissouri where he has ever since resided your petitioner further states that from the time of the marriage of said James H RelfeJames James H RelfeH. Relfe your petitioner continued in the possession of said James H RelfeJames James H RelfeH. Relfe and was held by him as a slave and resided within in VirginiaVirginia at and in IllinoisIllinois during the whole period aforesaid your petitioner further represents that while the said James H RelfeJames James H RelfeH. Relfe held and kept your petitioner in IllinoisIllinois (your petitioner being then about seventeen years of age) he said James HJames James HH recognized your petitioner to be free and prevailed in him your petitioner to bind himself by a contract in writing to serve him said James HJames James HH until he your petitioner should arrive at the age of twenty eight years ; and the said James HJames James HH. therefore prepared a writing or caused it to be done which he represented to be of the effect aforesaid and your petitioner confiding in the truth of said representation and being unable to read subscribed said paper and your petitioner has since learned that said writing if valid would bring him to serve said Relfe ninety nine years but your petitioner is advised that said writing is utterly void in law and the said James H RelfeJames H. Relfe has frequently admitted that he could not hold your petitioner is virtue thereof and according by about a year or more ago he said James HJames James HH. informed your petitioner on that he was free and suffered him to go at large and act as a free man which your petitioner did for several months where the said James HJames James HH., contriving how to cheat your petitioner out of the rights which he had acquired by occasion of the premises prevailed on the said James DuffJames James DuffDuff his father in law to reclaim your petitioner and make sale of him and the said James DuffJames Duff after having given and delivered your petitioner to his and son in law and suffered him to remain in his uninterrupted possession for a period of thirty years. executed as your petitioner is informed and believes a power of attorney to D. Linn of St. Genevieve authorizing him to sell your petitioner which he accordingly did to one Augustus Jones who sold him to one Thompson H FicklinThompson H. Ficklin

which sales your petitioner is informed and believes was made for the benefit of said James H RelfeJames James H RelfeH. Relfe who received the proceeds In virtue of which contrivances the said Thompson H FicklinThompson H. Ficklin now claims your petitioner as a slave and detains him as such

Your petitioner upon the facts aforesaid claims his freedom and prays that he may be permitted to sue as a free person to establish his freedom and that he may have the protection of your honorable court until the cause shall be finally determined according to the form of the statute in such cases made And your petitioner will ever pray

George RelfeGeorge George RelfeRelfe
Circuit CourtSt. Louis Circuit Court In vacation July 5th 1829.

It is ordered that the within petitioner be permitted to sue as a poor person to establish his right to freedom and HenryHenry I GeyerGeyer is hereby assigned to act as counsel for the petitioner

And it is further ordered that the petitioner have reasonable liberty to attend his counsel and the court where occasion may require ; and that the petitioner 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.

WillWill C. CarrCarr Judge 3rd Circuit

St LouisSt. Louis July 7th 1828. Served the above order on Thompson H FicklinThompson Thompson H FicklinH. Ficklin in the city of St LouisSt. Louis by giving him a certified Copy thereof

R SimpsonR Simpson Sheriff By L. P. Simonds Jr. Dp. Sheriff
In Circuit CourtSt. Louis Circuit Court. July Term 1828

GeorgeGeorge a man of color other wise called George RelfeGeorge Relfe by GeyerGeyer his attorney complains of Thompson H FicklinThompson H. Ficklin of a plea of Trespass, assault & battery & false imprisonment For that the said defendant on the fourth day of July in the year of our Lord eighteen hundred and twenty eight with force and arms, made an assault upon the said plaintiff to wit at the county of St LouisSt Louis aforesaid and then and there beat, bruised and ill-treated him the said plaintiff and then & there imprisoned the said plaintiff, and kept and detained him in prison there without any reasonable or probable cause whatsoever and against the will of the said plaintiff and then there held and detained him the said plaintiff and still holds & detains him in slavery , and the said plaintif avers that before & at the time of the committing the said severy grievances he was and still is a free person - Wherefore the said plaintiff saith he is injured & hath sustained damage to the value of five hundred dollars & therefore he brings suit.

GeyerGeyer for plff
County of St LouisCounty of St. Louis MissouriState of MissouriMissouri To the Sheriff of St LouisSt. Louis county Greeting

We command you to Summon Thompson H FicklinThompson H. Thompson H FicklinFicklin that he be and appear before the Judge of our circuit court at the next term thereof to be held at the city of St LouisSt. Louis within and for the county of St LouisSt. Louis on the Fourth monday of July Instant then and there to answer unto George RelfeGeorge Relfe of a plea of Trespass, assault and battery and false imprisonment wherefore the said plaintiff saith he is injured and hath sustained damage to the value of four hundred dollars and have you then there this writ

Witness Archibald GambleArchibald Gamble Clerk of our said court at Office this Fifth day of July 1828 Archibald GambleArchibald Gamble Clerk

Judgement in favor of plff Book 5 page 264

Archibald GambleA. Gamble Clerk
No 64 Circuit CourtSt. Louis Circuit Court July Term 1828 George RelfeGeorge George RelfeRelfe vs. Thompson H FicklinThompson Thompson H FicklinH Thompson H FicklinFicklin

Petition & order of Judge Declaration one count assault & false imprisonment to recover freedom 500 Issue a summons with a copy of the Judges in - GeyerGeyer

Filed 5th July 1828 Archibald GambleArchibald Gamble Clerk

the Copy of St LouisSt. Louis, by writ Declaration & petition to him to read and his acknowledging the service thereof

R SimpsonR. Simpson Sheriff Service $1.00 By L Simonds Jr. Dp Sheriff
Thompson H FicklinThompson H Thompson H FicklinFicklin ads George RelfeGeorge Relfe

And the said Defendant by his attorney comes and defends and the force and injury when he and says that he is not guilty of the supposed trespass in the declaration mentioned in manner and form as the said plantiff has above thereof complained against him and of this he puts himself upon the county

H R Geyer Setts for Deft
Thompson H FicklinThompson H Thompson H FicklinFicklin ads George RelfeGeorge Relfe

plea

filed December 1st 1828 A gamble clerk
George RelfeGeorge Relfe vs Thompson H FicklinThompson Thompson H FicklinH Thompson H FicklinFicklin In Circuit CourtSt. Louis Circuit Court

Thompson H FicklinThompson H Thompson H FicklinFicklin the above named defendant will take notice that I shall attend at the office of the Clerk of the Circuit CourtCircuit Court within & for the county of RandolphRandolph in the state of IllinoisIllinois on the second and third, ninth and tenth days of March next and then and there between the hours of eight of the O'clock of the fore noon and six of the clock of the afternoon on each of said days taken the depositions of witnesses to be read at the trial of the above cause on the part of the plaintiff

St LouisSt. Louis 12th Feburary 1829. George RelfeGeorge Relfe by H Geyer his attorney
MissouriState of MissouriMissouri, Washington CountyWashington County sct

PhilipPhilip Cob being duly sworn according to law deposith and saith that on the eighteenth day of Febuary instant he served Thompson H FicklinThompson H Thompson H FicklinFicklin the within renamed defendant with the by serving him a copy thereof and with this deponent with

P. Sworn to and subscribed before me A justice of the peace within and for said county aforesaid this 26th day of Febuary A. D. 1829 Airs Hudspeth Justice of the peace

Deposition of witnesses produced sworn and examined on the twenty sixth day of February in the year of our Lord one thousand eight hundred and twenty nine, between the hours of eight of the clock of the forenoon and six of the clock of the afternoon of that day at the dwelling house of WilliamWilliam Cole in the town of in the county of WashingtonWashington state of MissouriMissouri before me a justice of the peace within and for the county of WashingtonWashington aforesaid in a certain case now pending in the Circuit Court of the county of St LouisSaint Louis, in the state of MissouriMissouri, between George RelfeGeorge George RelfeRelfe plaintiff, and Thompson H FicklinThompson Thompson H FicklinH. Thompson H FicklinFicklin defendant, on the part of the plaintiff.

James H RelfeJames H James H RelfeRelfe of lawful age being produced sworn and examined on the part of the plaintiff, deposith and saith that he has known since the month of september 1815 a certain negro man named GeorgeGeorge, and believes him to have been born a slave, the property of James DuffJames James DuffDuff of Rockingham county VirginiaVirginia at which time to wit in the month of september 1815 he came into the possession of the said deponent. This deponent, has always considered and the said GeorgeGeorge.the property of Mr.Duff, but expected at his andeath, the said GeorgeGeorge would be given to this deponent or his family. This deponent brought said GeorgeGeorge to the county of RandolphRandolph IllinoisState of Illinois in the month of January in the year 1817 without the knowledge of Mr.Duff (When this deponent left VirginiaVirginia he expected to reside somewhere in the state of MissouriMissouri) soon after this deponent took up his residence in the IllinoisState of Illinois Mr.Duff became acquainted with the fact but this deponent has no recollection of giving him information thereof or that be had taken GeorgeGeorge there. This deponent removed from the state of IllinoisIllinois to the state of MissouriMissouri in the month of November 1818 and at the particular request of the said plaintiff GeorgeGeorge he brought him with him. This deponent wished the said GeorgeGeorge to remain on this deponent's farm in IllinoisIllinois . This said GeorgeGeorge continued to reside with this deponent in MissouriMissouri until the spring of the year 1827, when after he had made a second attempt to commit murder on the family of this deponent, this deponent drove the said GeorgeGeorge from his house, and informed Mr.Duff of the

Circumstance, telling said Duff who is the father in law of this deponent , that said GeorgeGeorge was then running at and declined having anything further to do with him. Soon after the receipt of this Letter by Mr. Duff, Mr. Duff forwarded to Dr. Lewis F. Linn of St GenevieveSt. St GenevieveGenevieve a power of attorney to take up GeorgeGeorge and sell him as his property, and to pay the proceeds of such to this deponent Dr. Lewis F Linn therefore sold said GeorgeGeorge to Augustus Jones of Washington CountyWashington Washington CountyCounty, and A. Jones this deponent believes and has been informed sold the said GeorgeGeorge to Thompson H FicklinThompson Thompson H FicklinH Thompson H FicklinFicklin the deponent in the above action. In 1817 this deponent took an indenture for fifty years on GeorgeGeorge according to the Laws, of the state of IllinoisIllinois but this deponent never asked the permission his father in law Mr. Duff nor does he believe that Mr. Duff has any knowledge of said indenture at this time

by plaintiff Witness you have stated that GeorgeGeorge attempted to commit a murder in your family, please state the circumstances of that affair?

Case. This deponent believes it was an the Month of March in the year 1824 he directed GeorgeGeorge the now plaintiff to go with the train to plow a garden for a neighbor ; some time in the course of the day GeorgeGeorge advanced into the room where the deponent and some company were sitting with an axe elevated in a striking position swearing he would kill the rascal. This deponent sprung towards him and with difficulty avoided the blow. GeorgeGeorge then ran and was followed by the deponent to the woods, where he lost sight of him. GeorgeGeorge returned to the house and endeavored to procure a furr , but was prevented by a man of the neighbourhood who happened to be in the house. The second attempt was made in the spring of the year 1827, when early one morning GeorgeGeorge came into the room took down the furr . This deponent was shortly afterward jarred by the cry of a negro woman that GeorgeGeorge was going to kill Ned a negro man. This deponent followed GeorgeGeorge who was in pursuit of Ned in the bush threatening to shoot him and when this deponent asked GeorgeGeorge to give up the furr GeorgeGeorge pointed it at deponent and threatened to shoot until this deponent stepped back

This deponent was under constant anxiety for his family when absent from home on account of GeorgeGeorge , and nothing insured him to keep him as Comp in his family, but for the circumstance , that GeorgeGeorge was the son of an old negro woman who had been the nanny of Mr. Relfe ; and to whom this deponent had given a promise to keep GeorgeGeorge in the family.

by plff. How much money did . A Jones give Dr. Lewis F. Linn for GeorgeGeorge ?

two hundred and fifty dollars

by plff. Has Dr. Linn accounted with you witness for the proceeds of GeorgeGeorge as sold to JonesJones ?

He has

by plff. at what time did it become known to your father in law Mr. Duff , that you reside in IllinoisIllinois ?

Soon after this deponent arrived there by Defendant - Do you know the time the defendant Thompson H FicklinThompson Thompson H FicklinH Thompson H FicklinFicklin purchased said GeorgeGeorge from JonesJones do you know of GeorgeGeorge informing said Ficklin or telling him that he had no idea of of his being entitled to his freedom, & would serve Ficklin Defendant as a slave if he the said deft would buy him GeorgeGeorge and what you heard GeorgeGeorge say about that time as his promise to deft-before or afterwards purchase GeorgeGeorge ?

Deponent believes it was in the latter part of May or first of June last he was informed by GeorgeGeorge that Thompson H FicklinThompson H. Ficklin had purchased him from JonesJones , and that he was to to be sold to ScottScott and Rub of St LouisSt. Louis , who was to put him aboard one of their steam boats, and if he conducted himself well for two years, he would then be emancipated, previous to that time GeorgeGeorge informed the deponent that he had abandoned the idea of getting his freedom .

James H RelfeJames . James H RelfeH. James H RelfeRelfe . Sworn and subscribed to before me on the day at the place and within the house first a aforesaid Airs Hudspeth Justics of the Peace

Mildred Relfe of Lawful age being properly sworn and examined on the part of the plantiff deposith and saith in answer to the following interrogation that is to say

by plaintiff Witness do you know GeorgeGeorge the plantiff in the above action ?

I do

by How long have you known him ? Since his birth twenty nine years

plantiff Was GeorgeGeorge born a slave if so whose property was he ? He was born a slave and was the property of Mr Duff the father of this deponent

Have you ever owned or possessed Him ? If so how did you obtain possession, from whom, for what purpose and on what terms ?

my father Mr Duff observed to this deponant that he would make her a present of GeorgeGeorge if she would take him home this was in September in the year 1815 Therefore GeorgeGeorge came to the possession of this deponent and her husband James H RelfeJames James H RelfeH. Relfe and continued in possession from that time until the year 1827

Did you reside in the state of IllinoisIllinois, if so in what county and how long ? Given Yes lived in Randolph County IllinoisIllinois come there 3rd May 1817 and left there in the month of November 1818

Did GeorgeGeorge the plantiff live with you in IllinoisIllinois and how long?

He did the whole of the time this deponent resided there.

Was it known to your father Mr Duff that you resided in IllinoisIllinois, at the time GeorgeGeorge was with you there, if at what time did it became known to Mr. Duff your father that you resided in IllinoisIllinois ?

Mr Duff knew of our residing in IllinoisIllinois shortly after this deponnent and family came there but the precise time when Mr. Duff became thus informed this deponent cannot state.

Where was GeorgeGeorge born ? In the state of VirginiaVirginia county of

plaintiff, Where has GeorgeGeorge the above Plaintiff resided in your possession? First in VirginiaVirginia, secondly in MissouriMissouri, thirdly in IllinoisIllinois and fourthly in MissouriMissouri

by plaintiff What knowledge has Mr. Duff had of the place of residence of GeorgeGeorge the plaintiff.

from the family corrospondence Mr. Duff must have known of the several removals of this deponent , and also of GeorgesGeorges severals places of residence.

by plaintiff Have any arrangements been made for the sale of GeorgeGeorge , if so to whom has he been sold, and how are the proceeds to be apportioned and for whose use?

This deponent has understood that GeorgeGeorge was sold to A. Jones by Lewis F. Linn by power of attorney from Mr. Duff and that JonesJones sold GeorgeGeorge to Thompson H FicklinThompson Thompson H FicklinH. Thompson H FicklinFicklin and that the proceeds of the sale of GeorgeGeorge as sold by Dr. Linn, were for the use of James H.Relfe the husband of this deponent .

Mildred - Relfe Sworn & subscribed to before me on the day at the place and within the hours first afore said Aris Hudspeth Justice of the Peace

I Airs Hudspeth A Justice of the Peace within and for the county of WashingtonWashington in the MissouriState of Missouri do here by certify that James H RelfeJames James H RelfeH. Relfe Mildred James H RelfeRelfe the Deponents were before me Severally sworm to testify the whole truth of their knowledge Touching the matter in controversy aforesaid that they were Examined and their examination reduced to writing and by hand Respectively, subscribed in my on the day between the hours and at the place in that behalf first aforesaid

Airs Hudspeth Justice of the Peace 24th July 1829

Justice fees issueing subpoena 18 3/42 certificates on notices505 certificates on Depositing25 P T. McCabe 2.93 3/4summoning withness50$ 3.43 3/4

Geroge Relfe vs Thompson H FicklinThompson Thompson H FicklinH. Ficklin In Circuit CourtSt. Louis Circuit Court

Thompson H FicklinThompson H Thompson H FicklinFicklin the above named defendant will take notice that I shall attend at the dwelling house of WilliamWilliam Cole in the Town of Caledonia in the county of WashingtonWashington, state of missouri on the twenty sixth and twenty seventh days of febuary instant and then and there between the hours of eight of the clock of the fore noon and six of the clock of the afternoon of each of said days taken the deposition of Witnesses to be read at the trial of the above cause on the part of the plaintiff

Feburary 17 1829. George RelfeGeorge Relfe by GeyerGeyer attorney
MissouriState of Missouri Washington CountyWashington Washington CountyCounty

PhilipPhilip Cob being sworn according to him deposith and saith that on the eighteenth day of February instant be served the accused a writ on Thompson H FicklinThompson H. Ficklin the defendent by delivering him a copy thereof and further the said P. Cob saith not

P. Cob

subscribed & Sworn to before me A Justice of the peace within and for the county aforesaid this 26th day of febuary A. D 1829

Airs Hudspeth Justice of the peace
George RelfeGeorge George RelfeRelfe vs Thompson H FicklinThompson Thompson H FicklinH. Ficklin

notice

Issued & filed 7 March 1827 Archibald GambleA Gamble clerk Washington CountyWashington County

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Je certifie le present entrait confirme au Louis is