Title: Hester Williams, Priscilla Williams, and Mary Ella Williams, by and through their next friend, Jordan M. Early v. Frederick Norcum, et al.
Plaintiff: Williams, HesterWilliams, PriscillaWilliams, Mary Ella
Defendant: Norcum, FrederickMcAfee, A. B.Blakey, Granville C.Moore, William E.Loyden, Edmond
Date Filed: October 11, 1853
Term: November Term, 1853
Cause of Action: TrespassFalse ImprisonmentAssaultBattery
Case Number: 119
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
This is to certify, that
my slaves in
they
were set free by me in
her
a B. Mc &fee
Granville C Blakey
St. Louis County. St Louis
County Sct.
1853
Plaintiff states that on
the day of
forty nine
executed to the plaintiff a deed of manumis-
sion for herself and her two children Pris-
cilla
child of the said defendant November, and
by which said deed she became free as well
as both of her children the other plaintiff that on the
day of October 1853
deed of
at his request and plaintiffs charge that
he destroyed the same; and had
tiffs arrested and caused them
delivered to A. B. McAfee and
defendant
them to the said
Plaintiffs further state that the defen-
dant. Norcum in the month of
when plaintiff on charge of
the plaintiff the following
word and figures as follows to wit.
This is to certify that
&
are free and have all the rights to to go where
they please that other coloured
last.
Thereby
deed of
said certificate. marked (a) and made
a part of this petition
Plaintiff further charge that the defen-
dants McAfee & Blakey &
plaintiff (if they have purchased them) aware
of all the facts set forth in this petition
and of the freedom of the plaintiff.
but not regarding their rights - both the
said defendants with force and arms
arrested the said plaintiffs.
the Circuit aforesaid on the
and laid
and with force and violence pulled and
dragged about the said plaintiffs and
then and there forced and
said plaintiffs to go
a certain public house situated and being
in the county of
street there, and then and there forced and
compelled them to go in and along
several streets, to a certain
situated in the county aforesaid and
owned and kept by the defendant
McAfee, & Blakey
-oned the said plaintiff without any
reasonable or probable cause whatsoever for
a long space of time and against the
will of plaintiffs.
Plaintiff further aver that before and
at the time of committing the
complained of they were and
the defendants
them in slavery
They therefore ask that the defendants
be
of this petition as
interogatory, and that upon a
hearing of this
plaintiffs) and damages to the amount
of five Hundred Dollar for which
they ask judgment.
says
stated in the
are
by
vs
G. B.
for
The petition of
and
ask the appointment of
for their
I
against Norcum &
I approve
as next friend to
The
We command you to summon
Norcum Glenville
to appear
before the Judge of our
thereof, to be held in the
next: then and there to answer the complaint of
as set forth in the annexed petition
and have you then and there this writ.
with the Seal thereof hereto affixed, at office in the
of October in the year of our Lord
eighteen hundred and fifty three
I acknowledge myself bound for all costs that may accrue in the above cause.
Witness, my hand and seal, at
of October 1853
On
that said petitioners be allowed to sue on and giving Se-
curity satisfactory to the Clerk for all costs that may be
adjudged against petitioners, and it is further ordered
that said petitioners have reasonable liberty, to attend Counsel
and the Court as occasion may require that they be not removed
of the jurisdiction of the Court and they be not subject to any severity
on account of their application for freedom
by their next friend
vs
G. C. Blakey
Fred.
Pet for freedom
Mc
Copy
Executed this writ in the
leaving a certified copy of the writ & petition
at the usual place of abode of A. B. McAfee
with a white person a member of his family
over the age of fifteen years - also by leaving
a copy of the within writ, at the usual place
of abode of Granville Blakey, with a white
person a member of the family, over the age
of fifteen years -
found in my county.
Executed this writ further in the county of
writ to Wm E. Moore & by offering to read the within petition to him
which he refuses to
vs
Declaration under
for freedom
Defendant for plea to the amended declaration
filed in the above case on
that he is not guilty of the
as charged in the said declaration; and defendant
persons, and of
upon the County
vs
Answer of defendant to
declaration filed
Plea not guilty & that
plaintiff not free
vs
1st. Defendant moves to
the paper marked "filed
the reason
1. That said paper is not filed in
with, but
this court.
2. The said paper is not an amendment of
the
for freedom, as the suit
3. The said paper is
and of no sort of application to the matters
in issue.
2. Defendant
the Sheriff deliver the plaintiffs to the defendant
vs
Frederick
Motion to
marked "filed
from
for final order in the
case.
of the
The petition of
humbly represents, that in
a
Ella and the other
by granting to her and her two
a
petitioner represents that said
as she was informed and
has
vice of herself and her the
she retained said
in her
Execution some time in
up and
of
of the said
to have the same recorded as
informed that some further
to be
said paper could be recorded, and
your petitioner states that said
ing & he would give her the said papers
petitioner states that
was informed that she was
by whom she was
and is now confined in his
and
without
Your petitioner further
of the
as a
was in the
to procure her
petition
And your petitioner prays that
an order may be permited by your
she having
that your
order that she may have reasonable
Court
and that a
your petitioner
that she may have such
as the
of the case
that he
forth in the foregoing petition are true
and there makes an order is granted by the
two
command one of the presentence of the
Court
before me
Oct 1853
On reading and considering
the within petition it is ordered that the said
petitioners be allowed to sue on giving security
be
And it is further
that said petitioner has
to attend counsel and the Court as
may
out of the
that they be not
on account of their
freedom
75
Petiton of
leave to
Declaration under the statute filed. 24 p 128. Cont by Consent 4 p 142
Motion to
to amend on or before the first day of next
Amended Declaration filed 24 p 319. Motion to
and orvrd with
17.
St. Louis
County of
M. N. McLean having sworn
& Ella are in the
Granville &
of
sworn to
1853
County
M. N. McLean
said
Attys
Sheriff of the
You are hereby commanded
to seize
where ever they may
be found and bring them before me at the Court
House in the room of the
day of Oct 1853
appear at the same time and place
Given under my hand this
day of October 1853
cial Cir. Mo.
Executed the within order from the
Honr. Alex Hamilton, by having the within
named parties in court on the
October 1853
AB. Mc.Afee not found.
Fee $3.00
$3.50
Shff
Sheriff of St. Louis County
Greeting
You are hereby Commanded to
two children where ever they may be found, and bring
them before me at the Court House in the Room of the Criminal Court at the Court house. on the
day of Oct 1853
Wim C
time and place
Given under
day of October 1853.
dicial
Executed the within order on the
1853
the
E. Moore to appear in
day- A. B. McAfee. Granville
Edward Loyden not found.
Fee # 4.00
# 5.50
Shrff
Ella
Defendant
facts alleged as stated in
not sufficient to
the
vs
Plffs petition
1854
next
and
vs
Granville
Declaration
Freedom
of the above named defendants of a
plea wherefore the said defendants
upon the said plaintiffs viz on the
on the county and State aforesaid
& ill
then & there imprisoned them & kept &
detained them in prison
for a
to the laws & customs of this state the
said plaintiffs then & there being free
and being free for a
one year, and still being free persons
plaintiffs in slavery.
And
& there did to the
said plaintiffs and
of one thousand dollars
they sue
75
& others
vs
& others
Declaration
statute
vs
A. B. McAfee
1 The defendants move to strike from the record
the paper marked as “filed
the reasons
1. That said paper is not filed in accordance with,
but
Court.
2. The said paper is
of application to the
3. The said paper is not an amendment of the
original petition, nor is it a petition itself
for freedom, as the suit
that the Sheriff deliver the plaintiffs to the
defendant
dealt with as his
No.
A. B.
Motion to
from the record & for
said order.
St. Louis County
of
the said defendant on the day of
AD
assault upon the said plaintiffs
at
then & there beat,
& then & there imprisoned them &
them & each of them in prison there
cause whatsoever for a
for the space of
State and the
before and at the time of the
of the said grievances they
one of them and still are
dollars & therefore
Plff Attys
Declaration
Attys Filed
St. Louis.
The
You are hereby Commanded, that, setting aside all manner of excuse and delay.
you appear before our
July
to testify, and the truth to say in a certain matter of controversy now pending in our
said Court, wherein
plaintiff and
defendant on the part of
and herein you are in no wise to fail.
with the seal thereof hereto affixed, at office, in
the
day of
one thousand eight hundred and fifty-
vs
Executed by reading to J. C. Richardson &
P. C.
12/55 S. Glover & Thos Harvey not found.
Fee $120
St. Louis
The
Greeting:
You are hereby Commanded, that, setting aside all manner of execuse and delay,
you appear before our
to testify, and the truth to
said Court, wherein
plaintiff and
defendant
and herein you are in no wise to fail
with the seal thereof hereto affixed, at office, in
the
day of
one thousand eight hundred and fifty-
75
vs
found.
Fee 10 cts
St. Louis
The
& B. M. Lynch & Thomas S.
You are hereby Commanded, that, setting aside all manner of excuse and delay, you appear
before our
1856
and the truth to say in a certain matter of controvery now pending in our said Court, wherein
plaintiffs and
defendants
and herein you are in no wise to fail.
Court, with the seal thereof hereto affixed, at office,
in the
day of
one thousand eight hundred and fifty-
De
Executed as to others within
April 17/56
Fee $120
75 (119 17 act. Nov. T. 53)
57
In
(for
Subp'a for Plffs
vs
Wm De Smith (on B.T. "Tropic")
Wm Smith (8th
B. M. Lynch (Locust
Upon the
plaintiff is not entitled to recover
