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Title: Thomas Scott, a man of color v. James Harrison
Plaintiff: Scott, Thomas
Defendant: Harrison, James
Date Filed:
Term: November 1848
Cause of Action: TrespassFalse ImprisonmentAssaultBattery
Case Number: 90
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

No90 November term 1848 St LouisSt.Louis circuit court

Petition, of Thomas ScottThomas Scott

Filed Oct 3rd 1848 J.N. Ruland, Clk
To the Honb, Alexander HamiltonAlexander Hamilton Judge, of the Circuit CourtSt. Louis Circuit Court, , state of MissouriMissouri,

, a man, of color named Thomas ScottThomas Scott, , of St. Louis, County, state, of MissouriMissouri, would respectfully represent, to your honor, , that, he is not, held in bondage, as a slave, by one James HarrisonJames Harrison, of the County and state aforesaid, , but is advised and believes, that he ouhgt not thus, to be held, as a slave, , and that according to the law, of the land he is entitled, to his freedom.

In support, of his claim, for freedom, your states the following facts, . that said James HarrisonJames Harrison, the then owner, of , sometime in the month of august A D 1847 hired, your petitioner, as a petitioner, to one one St., Brain. , a trader, in new trader in New MexicoMexico. , who carried your petitioner, to said County of new MexicoMexico, and held him,him, there in bondage, for a period, of at least, five months. and your petitioner, , that slavery was, not allowable by the laws, of new MexicoMexico, at the time, he was so carried to that County and held there in slavery, as aforesaid, .

your petitioner, therefore submits, if these facts be true, , whether he is not entitled, to freedom

and your honor, for leave to sue as, a poor person, , in order to establish his right, to his freedom according to the .

State of MissouriMissouri, County of St LouisCounty of St. Louis

On the hearing of the above petition I. Lorder, - that the petitioner, for his freedom Thomas ScottThomas Scott. a man of colour, , belowed to sue on giving security satisfactory to the Clerk of the Circuit, Court. of the County aforesaid, - for all costs, that may be adjudged. against him. in said suit- and I further, order that said Thomas ScottThomas Scott have reasonable, liberty to attend his counsel, and the Court. as may require, ; that he be not removed out of this jurisdiction, of this Court. and that he be not subject, to any severity, on account, of his application, for freedom- Oct. 4, 1848.

Alexander HamiltonA. Alexander HamiltonHamilton, , 8 ,
MissouriState of MissouriMissouri, Circuit CourtSt. Louis County St LouisCounty County St LouisSt. Louis Circuit CourtCircuit Court november term, A D 1848

ThomasThomas scott, a man of color, plaintiff in this suit complains of James HarrisonJames Harrison the defendant in this suit of a plea of trespass,

For that the said defendant on the first day day of October A D eighteen hundred and forty seven with force and arms assaulted, the plaintiff at the county aforesaid, and then and there ill treated him, and thene and there imprisoned, him and kept and detained him in slavery without any reasonable or probable cause whatsoever for a long time - to wit- for the space of five months then next following, contrary to the land of this state and against the will of said plaintiff

And said plaintiff that at the time of the commit-ting of the grievances, aforesaid by said defendant he, the said plaintiff was, and still is a free person, and that said defendant held and still holds, him in slavery

And other wrongs to the said plaintiff then and there did against the peace and to the damage of said plaintiff of $300 and therefore he brings his suit.

WrightWright + Bowman atts
St LouisSt. Louis Circut CourtCicuit Court Nov T. 1848 ThomasThomas scott, a man of color vs James HarrisonJames Harrison

aty
County Of St LouisSt. Louis, Ss. The State Of MissouriMissouri, To the Sheriff of St. Louis County, Greeting:

We command you to, Summon James HarrisonJames James HarrisonHarrison, he be found in Your County, that he be and appear before the Judge of our Circuit CourtCircuit Court, on the first day of the next term thereof, to be held at the City of St LouisCity of St. Louis, within and for the County of St LouisCounty of St. Louis, on the third Mon-day of November next, then and there to answer unto ThomasThomas scott, , a man of Color, of a /plea of trespass to the damage of said plaintiff Three Hundred dollars: And have you then there this writ.

Witness, John RulandJohn Ruland, Clerk of our said Court, with the seal thereof hereto affixed, at office, in the city of St LouisSt. Louis, this fifth day of October in the year of our Lord eighteen hundred and forty eight . J.N., Ruland Clerk.

I acknowledge myself bound for all costs that may accrue in the above cause.

Witness my hand and seal, at St LouisSt. Louis, this 5th day of October 1848. PeterPeter Miller

Plea 18 385 at refer Dec 21. 1848 18 p 459.

No 90 Circuit CourtSaint Louis Circuit Court November term, 1848 Thomas ScottThomas Scott (a man of color) vs P summoned, James HarrisonJames Harrison

300 WrightWright & Bowman atto

Filed October 5th 1848 John RulandJn John RulandRuland, clk

Alexander HamiltonA Hamilton Judge 8 Judicial district cir. court Mo

Jury fee 2 1 3

Bouman

Executed this writ in the County of St LouisCounty of County of St LouisSt. Louis, on the 6th day of October 1848 by reading the summons, to James HarrisonJames Harrison the within named, defendant & also, by reading the order to him

Louis T. Labeaume By & the order
Thomas ScottThomas Scott a man of Color vs James HarrisonJames Harrison St LouisSt. Louis Cricuit Crout Nov term A D 1848

The defendant in the above entitled, cause will, take notice, that the depositions of witnesses, to be used in the trial of said cause, will be taken on Monday, the 10th day of October 1848 at the Law office of WrightWright and Bowman, South East corner, of Pine and third streets, , in the city of St LouisSt. Louis, between the house of Eight O Clock, A.M. and Six O P.m. of said day said depositions to on used on part of said plf,

WrightWright, Bowman, attys

Served, this notice in the County of St LouisCounty of County of St LouisSt Louis, on the 6th day of October 1848 delivering, a true Copy thereof to James HarrisonJames Harrison 50 cts

Louis T. Labeaume Sheriff By dept
Thomas ScottThomas Thomas ScottScott, a man of Color vs James HarrisonJames James HarrisonHarrison,

to take Subpoena, 47 south fourth

State Of MissouriMissouri, County of St LouisCounty of St. Louis, Sct. The State Of MissouriMissouri, To

You are hereby commanded, that, all excuses and delays being set aside, you personally be and appear before the undersigned, "The Law Commissioner of St LouisSaint Louis County," on the 7th day of October 1848 at my office in the City of St LouisSaint Louis, to testify on the trial of a cause now pending in the circuit court wherein, Thomas ScottThomas Scott plaintiff and James HarrisonJames Harrison, defendant on the part of the defendant; and of this you are not to fail, at your peril.

Givne it under my hand and Seal of Office, this 7day of October A. D. 1848 , . P.

75

8

600

30

15

105

1

1,15

Depositions of witnesses produced, sworn, and examined, at the office of the law Commissioner of St Louis,, County in the City and County of St LouisCounty of County of St LouisSt. Louis, MissouriState of MissouriMissouri, before me, the, Law Commissioner for the said Country, in a certain cause now pending in the Circuit CourtSt. Louis Circuit CourtCircuit Court, MissouriState of Missouri between Thomas ScottThomas Scott, a man of color, and James HarrisonJames, James HarrisonHarrison, on the part of the defendant, of lawful age, being duly sworn, and examined, on the part of the defendant, deposith, and saith, I am acquainted, with the plaintiff, in this case: he went, with me and from there to Sante, Fe, He went, as my servant, he was, hired to me, by Mr HarrisonHarrison, the defendant, He was hired, for the trip, and return, - I understand, him to, be the slave, of Mr HarrisonHarrison, and as such re- turned, him I hired, at St LouisSt St LouisLouis Mr HarrisonHarrison, said he wished, him to on account of, his health, and if he would be of, any service to, me he wished, him to be making, his wages,

Cross Examined,

I hired Thomas ScottThomas Scott in August 1827 of defendant. I think I paid, for him one Hundred & thirty dollars for the trip, - I spent, a part of, the time in New MexicoMexico, - The only under-, - standing was, that him

out, for his health, and if, he was, any service, to me I was, to allow him wages,

I had the entire control of him, I had TomTom, with me, in New MexicoMexico, from five months - I did not hire him to any one in New MexicoMexico,

I gave him permission to hire, himself and allowed him to, have, for, his own use, all the over and, above what - I to Mr, - HarrisonHarrison, - He hired, him self to, a man by the name Holt, I think, he lived, with him for about three, months. - In one of, these trips, we allways spent, from five to six, months in New MexicoMexico,

I presume Mr HarrisonHarrison knew the, length of time I would spend, there, as he is an old trader, The was, that if TomTom was able to per form, service, that I was to pay Mr Harriosn, a spece, - fied sum. If, he was not able to perform service, I was, to pay nothing. - If he died on the road it was, not to be my loss. Beuts, Fort is, on the ArkansasArkansas river.

I have resided most, of the time at Beuts Fort, - I have always,

considered St LouisSt. Louis my place of residence, I own property, here and have always, voted here. TomTom was with me in New MexicoMexico, during the months a a half, of November 1847 December 1847 January, February & March 1848

Re examination

I did not have any authority from Mr. HarrisonHarrison to permit TomTom, to hire himself out, I did it without Mr Harrisons knowledge or consent.

This deposition is taken by consent of parties it notice

WrightWright + Bowman for plf attorney for dept
State of MissouriMissouriCounty of St LouisCounty of St Louis ss

I. “The Law commissioner, of St. Louis County, do hereby certify that St the deponent, was by me sworn to testify the whole truth of his knowledge in the matter in controversy in the cause aforesaid, that deponent was examined and his ex-amination reduce to writing by me and subscribed, to by said deponent in my presence on the seventh day of Octo-ber A D 1848 at the office of The Law Commissioner of St. Louis County.

and that this deposition was taken by consent.

In witness whereof I have hereto set my hand & official seal this 7th day of October 1848 John H. Watson Law Commissioner of St Louis County PhilipPhilip, C. Mauro
Thomas ScottThomas Scott of color vs James HarrisonJames Harrison

filed Dec 15. 1848

RulandRuland

$1.15/ by defendant

Thomas ScottThomas Scott, of color, vs James HarrisonJames James HarrisonHarrison, St LouisSt. Louis Circuit, court no 90 november term 1848 .

and the said defendant comes defends, the demand, of the plaintiff

No90 St LouisSt Louis Cir, court Thomas ScottThomas Thomas ScottScott, of color, vs James HarrisonJames James HarrisonHarrison,

Plea.,

Filed Nov 20. 1848
County of St LouisCounty of St. Louis, Ss. The State Of MissouriMissouri, To Thomas B Hudson Robert Carey, Greetings:

You are hereby commanded, that setting aside all manner of excuse and delay, you appear be-fore our Circuit CourtCircuit Court for the county aforesaid, forthwith on the 19th of December, at the City of St LouisCity of St. Louis, then and there to testify, and the truth to say in a certain matter of controversy now pending in our said Court, wherein Thomas ScottThomas Scott is, plaintiff and James HarrisonJames Harrison, defendant on the part of defendant, and herein you are in no wise to fail.

Witness, John RulandJohn Ruland, Clerk of our said Court, with the seal thereof hereto affixed, at office, in the City of St LouisCity of St. City of St LouisLouis, this 18th day of December in the year of our Lord one thousand eight hundred and forty-eight JN RulandRuland, Clerk C. C.
Thomas ScottThomas Scott, vs James HarrisonJames Harrison,

Witness for the deft,

x x

Forthwith Executed,