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Title: Vincent vs. Jerry Duncan
Plaintiff: Vincent
Defendant: Duncan, Jerry
Date Filed: APril 22, 1829
Term: July Term 1829
Cause of Action: TrespassAssaultBatteryFalse Imprisonment
Case Number:
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 CourtCircuit Circuit CourtCourt Third Judicial Circuit & MissouriState of Missouri

The Petition of VincentVincent other wise called Vincents DuncanDuncan represents to your honor that he is entitled to his freedom & that he is held in Slavery in the City & County of the St LouisSt. St LouisLouis by one jury a free man of colour who held your Petitioner for a year from one Caleman DuncanDuncan who is now in the KentuckyState of KentuckyKentucky your Petitioner further states that said Caleman held your petitionerto said Jury for one year from the 19th day of September last as the agents of John DuncanJohn Duncan of KentuckyKentucky who claims your Petitioner as a slave. Your Petitioner further saith that he was the slave of one DuncanDuncan the father of said John & that while he was the slave of said some time in the year 1816 or 1817 according to the last recollection of your petitioner your petitioner was by the said hired out to labor in the IllinoisState of Illinois where your petitioner resided & Laboured by the orders of said until the deathof said Your Petitioner further saith that from 1816 or 1817 until about the commencement of 1826 your petitioner by the consent & orders of said & of his hiers after his death served & labored in the IllinoisState of Illinois as the a hired servant & that said issue & his office death the changes for the hire of your Petitioner. Your Petitioner further says that about the year 1819 the said issue DuncanDuncan did since which time the said John DuncanJohn Duncan has your Petitioner as his Slave claiming your Petitioner as one of the heirs of the said Your Petitioner therefore prays that he May by the order of your honor be permitted to his suit for freedom & prosecute as a poor person that counsel may be a assigned to him April 22d 1829

Loncan

I WilliamWilliam G. CarrCarr Judge of the Circuit CourtCircuit Courts for the third Judicial Circuit & MissouriState of Missouri being of Opinion that the above Petition contained sufficient matter to authorize the commencment of a suit do order that VincentVincent the above named petitioner be permitted to sue as a poor person to establish his freedom & I do assign Gustave A BirdA A BirdBird as counsel for the said VincentVincent to command & prosecute his suit for freedom and do also order that said VincentVincent shall have reasonable liberty to attend his counsel & the courts when occasion may require & I do order that that the said VincentVincent shall not be taken or removed out of the Jurisdiction of said Courts & that he shall not be to any security because of his application for freedom

WillWill. C. CarrCarr

The Petition of VincentVincent claimed as a slave by John DuncanJohn Duncan praying that he may be permitted to sue for his freedom

No. 14. July Term 1829

Executed this writ on Jerry DuncanJerry Jerry DuncanDuncan May 8, 1829 in city of St LouisSt Louis by reading to him the Declaration, Summons and order of Judge

Sum $1.00

R SimpsonR. Simpson, Shff
No 14 Circuit CourtSt Louis Circuit Court July Term 1829

VincentVincent a free person vs JerryJerry other wise Jerry DuncanJerry Jerry DuncanDuncan

Action of Apanth & Battery & false Impresson Damages $200

Filed 6th May 1829 Archibald GambleArchibald Archibald GambleGamble Clerk

The clerk of Circuit CourtSt Louis Circuit CourtCircuit Circuit CourtCourt will please pay a summons & endorse a copy of Judges order on the Summons

by default & writ of page 388 Book 5 page 410 Archibald GambleArchd Gamble Clerk

MissouriState of Missouri Circuit CourtCircuit Circuit CourtCourt Judicial Circuit July Term 1829 St LouisSaint Louis County Ss

VincentVincent a free person of Colour by his attorney complains of JerryJerry a free man of colour otherwise called Jerry DuncanJerry Duncan of a plea of trespass to for that hertofore to each on the Seventeenth day of September in the year eighteen hundred & twenty eight at the city of St LouisSt. Louis in said County the said defendants with force & arms made an assault upon the said plaintiff & then & there beat buised wounded & ill treated him the said plaintiff & then & there imprisoned him the said plaintiff & kept & detained him in prison there for a long space without any reasonable or probable cause whereabout to court from the said Seventeenth day of September year eighteen hundred & twenty eight untill the commencement of this suit said plaintiff that before & at the time of the committing said grievances he was & still is a free person & that said defendant held & detained & he still holds & detains him in slavery wherefore said plaintiff saith that he is greatly injured & hath sustained Damages to Five hundred Dollars therefore he suits &c.

Brick for Plff Filed 9th May 1829 Archibald GambleArchd Gamble Clerk
County of St LouisCounty of St. Louis ss The MissouriState of Missouri To the Sheriff of the County of St LouisCounty of St. Louis Greeting

We command you to summon JerryJerry a free man of color otherwis called Jerry DuncanJerry Duncan 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 LouisCounty of St. Louis on the fourth monday of July next then and there to answer unto VincentVincent a free person of color of a plea of Trespass to wherefore said plaintiff saith that that he is greatly injured and hath sustained Damages to Two Hundred dollars and have you then there this writ

Witness Archibald GambleArchibald Gamble Clerk of our said court at office this seventh day of May in the Year our Lord Eighteen Hundred and twenty nine Archibald GambleArchibald Gamble Clerk

I WilliamWilliam C CarrCarr Judge of the Circuit CourtCircuit Court for the third Judicial circuit & MissouriState of MissouriMissouri being of opinion that the above petition contains sufficient matter to authorize the commencement of a suit do order that VincentVincent the above named Petitioner be permitted to sue as a poor person to establish his freedom & do assign Gustavus A BirdGustavus Gustavus A BirdA Bird as counsel for the said VincentVincent to commence and prosecute his suit for freedom and do also order that said VincentVincent shall have reasonable liberty to attend his counsel and the Court when occasion may require and I do moreover order that that the said VincentVincent shall not be taken or removed out of the Jurisdiction of said court & that he shall not be subject to any severity because of his application for freedom.

(signed) WillWill C CarrCarr A True copy of the order Archibald GambleArchibald Gamble Clerk May 7th 1829.