Title: Patsy Curd vs. William H. Barksdale
Plaintiff: Curd, Patsy
Defendant: Barksdale, William H.
Date Filed: November 6, 1849
Term: April 1850
Cause of Action: Petition for Freedom
Case Number: 1
Court: St. Louis Circuit CourtSt. Louis County 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
vs
summons
Pet for freedom
issued
to sue as a poor person for the freedom of
& her two children there
have reasonable liberty to
& the
and that they be not subject to any sever
ity
Judicial
Executed this wit in the
the
an a true
By
$ 2.00
The State Of
We command you
before the Judge of our
next term therof, to be held in the
within and
day of
dom here to
And have you then there this Writ.
Court with the seal thereof hereto affixed, at
office in the city of
year of our Lord eighteen hundred and
nine
18
Patsey Curd
vs
Defts answer
vs
Filed
vs
St Louis County
Plaintiff states that she is now held in bondage
his absoulte slave, by defendant and that she is entitled
to her freedom
And plaintiff further declares that inasmuch as she was
free, being
time that her two childern
and
also free
for five years she lived in the state of
master Dr
That this occured about eighteen years ago
that then
prevented from
& believes) she was bound in
to the laws of
should have attained the age of twenty one years
that she has long since attined this age but she and her
childern are
that judgment be rendered in her favor that she
&
says that he believes the above petition matters therein
as stated to be true
before me this
1849
Ordered that
within named petitioner have leave to sue as a
of herself & her two children therein named, that she shall
have reasonable liberty to attend her counsel & the court
as
children herein named he
diction of the Court and that they be not subject to any
servity on account of her and their application for
freedom
Judge 8th Judicial
Circuit Mo.
Petition of
in behalf of
children
her & their freedom
have
require; that neither she nor her two children herein named be removed out of the
of the
Your petitioner
that she
are the slaves of one
and assigns the following reasons
That for five years her master (then
her to live with him in the
that her
then informed & believes, caused her to be bound to him
was
the age of twenty one years
That she has fully completed this term being now over
twenty one years of age and that
wherefore and that by reason simply of her
that
of
as above
the said
freedom= All of which is respectfully submitted
Witness
mark
John
that
he believes to be true
the
Justice of the Peace
Bill Sale
from
T B Dyer
for
Negro woman
Know all men by these present, that Thomas B
Dyer of the County and
for and in consideration of the Sum of Eleven
hundred dollars to me in hand paid sold to
called
her three children the oldest being named
the next
of which I warrant to be sound in
mind and I hereby warrant them to be slaves
for life and guarantee the title to same against
all other claims or claimants what so ever in
testimony where of I have hereunto set my
hand and affixed my seal this
of September 1847
vs
Defendant for answer to plaintiffs Petition
says that he admits that he does now and has
plaintiff in bondage as a slave, that he Defend
ant an the
said plaintiff from Thomas B Dyer also three of
her children. One of whom has since died, the
other two are the ones named in said plaintiffs
Petition, Defendant says he was informed &
believes that said Plaintiff and her said children
were braught to
Curd now of St Josephes
with said Thomas B Dyer who was a friend
relative of said Curd to be sold that he defendant
a few weeks became satisfied to buy them and
did
of sale for them which is hereto anexed & paid
him the said Dyer for said negroes Eleven hundred
dollars the sum mentioned in said bill of sale
Defend and says he has since said purchase keept
and used said negroes as his slaves
Defendant says he knows nothing of the truth
of the statements of said plaintiff that she
resided five years in
to her freedom & that he knows nothing of her
history previous to the time he Comenced his
negotiations
Defendant says he is advised that all coloured
law prima
plaintiff & her children are coloured persons that
they were represented to him by said Thos B Dyer
to be slaves, and that he Defendant baught them
believing them to be slaves. He says that the
character of said Dyer & of said Curd who he
defendant understood had brought said plaintiff &
children to
did not think it necessary, nor did he investigate
their title to said negroes
slaves relying on his bill of sale. Defendant
says he never heard from said plaintiff nor
from any lawer to which he attached the
slightest credit that said plaintiff or her
children were free,
process in this cause. Defendant does not
admit any of the statements in said petition
Except that he holds said plaintiff & her children
in slavery. He knows of no fact
Establish the Claim of said plaintiff or
Either of her Children to freedom & He asks
the Court to hold said parties to street legal
proof of Every fact necessary to Establish her
or their freedom
vs
Wm. H. Barksdale deft
Notice of depositions for pltff
copy thereof to
named defendant
Shff
By EM Shands
Dpty
vs
of
You are hereby notified that depositions of witnesses, to be read in evidence in the above
entitled cause, on the part of the
at Law in
in the County of
the
eight o'clock, in the forenoon, and
deposition, if not completed on that day, will be continued, from day to day, at the same place, and
between the same hours, till completed.
The State Of
Greeting:
Know Ye, that we, in confidence of your prudence and fidelity, do, by these presents, authorize
you to cause to come before you, to be examined as witnesses in a cause depending in our
of color is
plaintiff, and
defendant, all
and every such person, and at such time and place, as shall be named to you for that purpose by the
said
Attorney or Agent. And we command you to examine all and every such person upon his oath or
solemn affirmation first made or taken before you, to testify the whole truth touching his knowledge of
any thing relating to the said matter in controversy between the said parties; and that you do take
such his examination, and reduce the same into writing. When you shall have so taken his examination,
you are to cause the witness to sign the same, and to that and each examination, at the foot thereof, you
are to append your certificate, setting forth the facts that the examination was subscribed and sworn to
or affirmed by the witness, and the day, as well as between what hours of the day, on which it was
done, as also the place of residence of the witness, if known to you. Should any paper or exhibit be
produced or proven, or referred to by the witness, you are to describe the same in his examination, or
cause it to be so marked by him, as to establish its identity, and attach the same to his examination.
The examinations thus taken you will cause to to be accompanied by a certificate of your official
character, attested by the seal of State; or, should it be more convenient, such authentication and proof
of your official character may be made by the certificate and seal of the clerk of any court of record
of any county of the State, District or Territory in which you reside, stating also, in addition to the
facts of his being clerk and that the court is one of record, that, at the time when the depositions were
taken, you were an acting judge, (or other such officer to whom this commission is addressed,) and
duly commissioned as such. And you will return the same and all exhibits produced to you, annexed
hereto, carefully closed up and under your seal, directed to the Clerk of the
the county of
convenient speed.
at the city of
in the year of our Lord
eight hundred and forty-
Deposition of Witnesses taken in a cause pending in
the Circuit Court of the
wherein Patrey Curd, of color, is Plaintiff and
Commission hereto attached, and at the time and place
in said notice mentioned
being first duly sworn by me, as hereafter certified
deposes as follows
Question - Was you acquainted with Doctor
residing in the state of
Answer - I was I knew him first in the
year 1825, when he removed, with his family to
family
and practiced his profession — duing his residence
in
Question - Do you know whither Doctor Curd brought
with him to
and whether he took said girl with him, an his
removal to
Answer - I know that he broughts with him a
small colored girl named
in his family during the time
and that he took her with him when he
removed to
Question - How many years did doctor Curd reside
with his family in
Answer - I cannot state positively, but to the
best of my recollection and belief he resided in
between five and six years - a part of the time in
to reside for about two years, within a few years
of my
whelst I lived in town and in the county
all of his residence in
with him and his family and faith saith not
Also
aforesaid, of lawful age being first duly sworn by me
as hereafter certified
Question by Plaintiff attorney -
Was you acquainted with Doctor Issac Curd
referred to in the forgoing deposition and if yea when
and where
Answer - I became acquainted with the Doctor
and his family shortly after they removed from
to this city (
Question by same - Do you know whether the Doctor
broughts with him from
named
him during his residence in
with
Answer - The Doctor broughts with him from
in to
continued to reside with him during his residence in
Chilliwith - The Doctor resided for a time in the county
did he practice at his profession in your family
Answer He did
Question by same
State Whether
residence in
an
Answer-
I James
the Township of
hereby certify, that the above named
and
testify the truth, the which hath and nothing but the
truth, and that the foregoing depositions by them
instruction
and were taken at the time and place spcified in the
In testimony whereof I have
hereunto set my hand officially this
the year 1850
Ross County Ss
I Angus S.Fullerton Clerk of the Court
of Common Pleas for the County aforesaid
do certify that James S.
before whom the aforegoing deposition was
taken, was at the time of taking the same
and now is an acting Justice of the peace in & for the county
aforesaid duly commissioned & sworn as such
In testimony whereof I have hereunto set my hand & seal of
office this
May 1850
vs
20
vs
Motion to
vs
of St Louis County
The defendant by his attorney causes &
by the plaintiff in this cause for the following
reasons
1st The commission under which said depositions were
taken was not & is not directed to any judge
justice of the peace or other Judicial officer of the
government in which the
the officers of any government
2nd There is no evidence in said depositions that the
witness were sworn to testify the whole truth as
required by the law of missouri
3d there is no evidence accompanying said depositions
that the examation of
to writing in the presence of the officer who
took and certified the depositions
4 there is no evidence that the depositions were
subscribed & sworn to as required in sec 16 of the
law of missouri
5th Said depositions are in other respects
informal & illigal
attys for Defendant
vs
Wm H. Barksdale
and Thomas Dyer.
30 1851
By
The
and
Greeting:
You are hereby commanded, that setting aside all manner of excuse and delay, you appear be-
fore our
at the
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 nowise to fail.
with the seal thereof hereto affixed, at office, in
the
day of
one thousand eight hundred and
vs
Backsdale
1851
Sheriff
The
Greeting:
You are hereby commanded, that setting aside all manner of excuse and delay, you appear before
our
at the
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.
Clerk of our said Court,
with the seal thereof hereto affixed, at office, in the
eight hundred and
If the Jury believe from the evidence that the
plaintiff
that her master the
ved her to the state of
will find for the plaintiff=
That if the Jury believe from the evidence
Court that the
That if
sale executed by Dyer to the defendant
filed as part of the defendant's answer
is
as the children of the
and as
evidence first that
children of the saw
Agreed to
If the plaintiff has not
satisfactoy to the jury that the plaintiff
did reside in the state of
find for the Defendant
Agreed to
All coloured persons in
the plaintiff in this suit has
to the satisfaction of the jury that she
is a free woman they will find
for the defendant
Agreed to
In this suit it
plaintiff to establish her freedom
by competent
not done
for the Defendant
vs
We the gentleman of the Jury
find for the plaintiff in this case
