Title: Harry Duty v. John F. Darly
Plaintiff: Duty, Harry
Defendant: Darly, John F.
Date Filed: November 14, 1849
Term:
Cause of Action: Petition for Freedom
Case Number: 17
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
of the
County:
Your petitioner
respectfully represents to your honor
that he is now held as a slave in the city and
county of
by
estate of
Duty died in the county and State aforesaid in
the year
that before his death, the said
his last will and testament, by which he the
said Duty emancipated certain of his slaves
and among them your petitioner to
then belonged, was also emancipated by said will
& that all of the debts of said estate have been fully paid -
that not withstanding such said emancipation
your petitioner has been held in slavery up
to the present time; but is now in truth and is entitled to be a free person that your petitioner is
a poor person
a poor person for his freedom and that
your Honor will make an order in his favour
to that effort, that he may have reasonable
liberty to attend his counsel and the court as
occassion may require; that he be not removed
out of the jurisdiction of the court nor subjected to
any severity on account of this application
for his freedom.
ss
duly sworn upon his
oath says that the facts
petition are true to the best of his
knowledge and belief
before me this
day of October 1849
}
Upon the hearing
of the above and foregoing petition being
of the opinion that the said petition
encement of a suit, It is hereby ordered that the
said petitioner
permitted to sue as a poor person, that he
have reasonable liberty to attend his
counsel and the court as occassion may
require, that he be not removed out of the
jurisdiction of this Court and that he
be not subjected to any severity on account
of this his application for his freedom
Jus for 8th
vs
Petition
against
County
The plaintiff states that he is now
and has been for more than two
years now last past, held in slavery by
of
that he is now and has been during at
said time a free person, that he has been
and is now
liberty by the defendant; that he was bearing
the slave of
Duty died in the year
thirty eight
that before his death, said Duty being there
and so
plaintiff as his slave, made his last will
in due form of law, a reply of which duly
authenticated is herewith filed, the original
not being in the possession or under the control
of the plaintiff, that by said will, said Duty
emancipates and set free all his slaves and among
them the plaintiff, that all the debts of said
estate have been paid or that an ample
fund is in the hands of the defendant to
asks in his poor Judgement of
against the defendant and all persons
claiming
or the said Duty.
Attys.
being duly sworn
upon his oath says that he has inves
tigated the facts set forth in the above
and foregoing petition and that said petition
and the matters
believes to be true.
before me this
}
vs
Petition
Attys.
Filed
We command you
admr of the Estate of
that he be and appear
before the Judge of our
next term thereof, to be held in the
within and for the
day of
hereto annexed
And have you then there this Writ.
Court, wi
office, in the city of
year of our Lord eighteen hundred and
nine
I acknowledge myself bound for all costs that may accrue in the cause.
Witness my hand and seal, at
Dismissed
vs
the Estate of
Pet for freedom
Issued
Upon the hearing of
the above and foregoing petition being of the opinion that the
said petition contains suf
ficient matter to au
thorize the commencement of a suit,
It is hereby ordered that the
said petitioner
be permitted to sue as a poor person, that he
have reasonable liberty to attend his counsel
and the Court as occasion may require;
that he be not removed out of the juris
diction of the Court and that he be not
subjected to any severity on account
of this his application for freedom.
a true copy attest
}
8th
Term
Executed this writ in the
1849
made by the Judge of the
to
of
to hear and by delivering to said
a true copy of the petition hereto
Fee $2.00
By
Depty.
vs.
of the estate of
And now the said defendant moves the court
to amend the orders heretofore made in
this case to the end that said petitioner
be required to give security satisfactorily
to the Clerk of said court for all costs
that may be adjudged against
him, or on failure thereof that said
petition be dismissed.
and
Agent
vs.
Motion for security
for costs-
vs.
Defendant
St. Louis County
1850
Defendant states that it is true plaintiff
is now and has been held in slavery
by defendant as stated in plaintiff petition.
But defendant denies that said plaintiff
is now, or has been at any time previous
hereto, a free person. And defendant says that said plaintiff is now and always
has been a slave - and as such he now
belongs to the estate of
of which estate said defendant says
that he is now and has been for more
than two years last past the Public Ad
ministrator - And as such Administra
tor defendant says that said plaintiff
is now and has been confined & restrained
by him of his liberty - Defendant admits
that said plaintiff was formerly the slave
of said
and at his death he became as he is
now a slave belonging to the estate of
said
Defendant admits that said
died in St. Louis County in the state
of
Defendant denies that before his death said
form of Law as alleged in plaintiffs pe
tition
any other legal mode the said Duty did
emancipate all his negroes slaves and
among them the plaintiff.
Defendant denies that siad plaintiff has
any right whatever to be informed
whether or not all the debts of said
Estate have been paid, or that an
ample fund is in the hands of the
defendant to pay the same - And therefore
defendant declines to answer said allega
tion in plaintiffs petition.
Defendant denies that plaintiff has a right
to institute and prosecute his said suit
as a poor person, and that as said
plaintiff has failed to comply with the
provisions of the law Entitled “An Act
to enable person held in slavery to sue for their freedom” he ought not to be
permitted further to prosecute the same.
Therefore Defendant prays that said pe
tition be dismissed, or that Judgement
be rendered in his favour.
in proper person
for the heirs of
defendant makes oath and says He be
lieves the above answer and the matters
therein as stated are true.
From to subscribed this
vs.Answer.
filed
