Edward Gantt v. Thomas Baldwin

In the Circuit Court
3d Judicial Circuit. November term AD 1836. 

St. Louis, to wit. Edward Gantt complains of Thomas Baldwin of a plea of trespass on the case. For that whereas the said Edward Gantt heretofore, to wit, on the first day on January in the year one thousand eight hundred & thirty six, at the county of St. Louis was lawfully possessed as of his own property of a certain mulatto woman slave named Fanny of great value, to wit, of the value of one thousand dollars. And being so possessed thereof he the said Edward Gantt afterwards, to wit, on the day & year aforesaid, at the county aforesaid, casually lost the said mulatto woman slave named Fanny out of his possession & the same afterwards, to wit, on the day & year last aforesaid at the county aforesaid came to the possession of the said Thomas Baldwin by finding. Yet the said Thomas Baldwin well knowing the said mulatto woman slave named Fanny to be the property of the said Edward Gantt & of right to belong & appertain to him hath not as yet delivered the said mulatto woman slave named Fanny to the said Edward Gantt although often requested so to do, & hath hitherto wholly refused so to do, & afterwards, to wit, on the day & year last aforesaid at the county aforesaid convicted[?] & disposed of the said mulatto woman slave named Fanny to his own use. To the damage of the said Edward Gantt of fifteen hundred dollars therefore he ever &c. 

Gamble & Allen.

I acknowledge myself indebted to the defendant in foregoing declaration in the sum of fifty dollars. The condition of this obligation is such that whereas Edward Gantt plaintiff [unclear] Declaration is about to institute[?] suit against Thomas Baldwin the defendant [unclear], in Circuit Court of St Louis County. Now if the said Edward Gantt shall pay all costs which may be awarded against him in said action the said bond to be void else in full force. Witness my hand & seal this 28. Octo: 1836. 

Christopher Rhodes (seal)

Edward Gantt 
vs 
Thomas Baldwin 

This is an action of trover for a mulatto woman slave, Damages fifteen hundred dollars, The clerk will issue a summons.

Gamble & Allen. 
p.q.

St. Louis Circuit Court

Edward Gant
vs.
Thomas Baldwin

November Term 1836

And the said defendant by J. Spalding his attorney comes & defends the wrong & injury &c, & says that he is not guilty of the said grievances above in said declaration laid to his charge & of this he puts himself upon the country &c.

J. Spalding
Atty for deft

No 95
Nov: Term 1836
St. Louis Circuit Court

Edward Gantt
vs
Thomas Baldwin

plea

not guilty
J. Spalding
atty

Filed 22d Nov; 1836
John Ruland clerk

State of Missouri 
County Saint Louis ss 

Deposition of a witness produced sworn and examined the twenty fourth day of November eighteen hundred and thirty six, between the hours of eight in the forenoon and five in the afternoon of said day, in pursuance of the notice hereto announced, before me D. Hough a Justice of the peace within and for the County aforesaid, at my office in the City of Saint Louis, in a certain cause now pending in the Circuit Court of Saint Louis County between Edward Gantt Plaintiff and Thomas Baldwin Defendant on behalf of the Defendant. 

John Burt being produced sworn and examined deposeth and saith that he went on board the Steam Boat Tempest as clerk in September 1835 and remained on board after as clerk till the ensuing April, and then as Captain till August 1836. the said Boat was at St. Louis on the 27th November 1835. an attempt was made to go up to Quincy, but ran up 3 or 4 miles above Alton and was prevented ascending higher on account of ice and then returned to St Louis. and again attempted to go up, and succeeded in going a little higher than the first time, but found the river frozen over and finally returned again to St Louis. and then the said Boat started for Louisville somewhere towards the 10th Decr 1835 the exact day not recollected. The Lady Jackson Steam Boat started from St Louis down the river the day before the Tempest did, and on the voyage the Tempest overtook her aground about 100 miles below St Louis, and took her passengers who were bound for Louisville. The Steam Boat Indian left St Louis for Louisville on the same day the Tempest did perhaps about 4 or 5 hours before the Tempest left, and about 9 Oclock in the morning. the Tempest left about 12 or 1. The Tempest overtook the Indian also and took her passengers. it was a very icy time. The trip above mentioned was the last trip the Tempest made from St. Louis in 1835. There was a deck passenger came on board at St Louis with three negroes, two of them females and one boy. they were all black, should think the eldest female to be about 18 years old. the said passenger claimed them as his negroes paid their passage to the mouth of the Ohio, at which place he took them off. There were no other negroes on board excepting the Chamber Maid and old mulatto woman who shipped from Pittsburgh and is now with this deponent on the S. B. Pavillion. there was also a negro fireman. two cooks, free men, a steward, free man, one cabin boy slave belonging to Baldwin. the above mentioned negroes all came to St Louis on the Boat. Soon after perhaps the next morning or sometime during the next day after the Boat arrived at Louisville, heard that the Tempest was charged with taking a mulatto woman from St Louis heard it from Capt Reed of the Steam Boat Gov Clark which Boat the Tempest met on that trip about twenty miles below St Louis. the report led to conversation among the hands & crew of the Boat, and enquiry on the part of the Africans[?]. Deponent is confident that no negro or Mulatto woman except what property belonged to the Boat was on said Boat during her last trip to Louisville, this deponent made search on this trip as well as all others to see that no person was on board who did not belong on the Boat, always made search immediately on leaving port being so instructed by the Capt and having frequently heard of difficulties arising from taking away Slaves. deponent on that trip went into all parts of the Boat except the hold. visiting the hold was the duty of the mate. The cargo consisted entirely of Lead about 20 Tons. it was very cold freezing weather during all said trip. No Boat overtook the Tempest on the trip.

Cross Examined

The other girl spoken of above above was small, not more than 14 year old. Known of no other Boat leaving St Louis the same day the Tempest did except the Indian. The "Aid" was advertised to leave the same day but do not know whether she did. she was the only Boat lying in port bound for Louisville. does not know when the Aid arrived in Louisville, does not know whether she or the Gov Clark arrived first. The Indian arrived at Louisville after the Tempest, but does not recollect how long after, or whether she or the Gov Clark arrived first. Lady Jackson did not arrive at all while the Tempest lay at Louisville, which was 5 or 6 days. The Tempest arrived at Louisville in the evening & witness saw Capt Reed of the Gov Clark the next morning as he thinks. thinks the Gov Clark arrived within 24 hours after the Tempest. no person by the name of Wm Massie was on board that trip & witness knows no man by that name. Knows a man by the name of Massie now Capt of Robert Morris, don't know his Christian name. no assistant clerk that trip, there was one the trip before, but he remained at Louisville sick. witness does not recollect the number of firemen on board that trip, does not recollect whether any firemen were engaged at St Louis, but thinks there were none, nor on the trip. The S. B. Robert Morris arrived at Louisville from St Louis while the Tempest lay at Louisville before she went to N Orleans, and arrived there after the Gov Clark 

John Burt

Sworn to and subscribed before me this 24th November AD 1836.
D. Hough J. P. 

State of Missouri
County Saint Louis ss

I Daniel Hough a justice of the peace within and for the

County aforesaid do certify that John Burt the foregoing witness was by me sworn to testify the whole truth touching the matter in controversy aforesaid, that he was examined, and his examination reduced to writing, sworn & subscribed to by said witness, all in my presence, on the day between the hours and at the place in that behalf first aforesaid

D Hough
 
Justice fee $2.50
paid by H N Davis
for Defendant 

State of Missouri
County of Saint Louis ss

Deposition of a witness produced sworn and examined on this eighteenth day of November eighteen hundred and thirty six between the hours of eight in the forenoon and five in the afternoon of that day before me although a justice of the peace within and for the county aforesaid, at my office in the City of Saint Louis, in a certain cause now pending in the St Louis Circuit Court between Edward Gantt Plaintiff and Thomas Baldwin Defendant, on behalf of the Defendant.

James Gilmore being produced sworn and examined deposeth and saith that he knows the defendant Thomas Baldwin, that he was Master of the Steam Boat Tempest last fall the said Boat then running from Pittsburgh to Louisville and sometimes to St Louis, the said Boat was in St Louis two or three times last fall. the said Boat left St Louis on or about the 17th December 1835 for Louisville, being the last trip she made that season. Witness was Mate on said Boat from the 8th Sept 1835 to the 13th July 1836 and was on her during every trip, and was on board of her during all the time and every time she was at St. Louis. 

Witness knows of no black or mulatto women taken from St Louis at any time on said Boat except on the last trip two slaves claimed by a person on board who paid their passage to the mouth of the Ohio, when they left the Boat with him at Bird's Landing. one a mulatto the other black. Witness does not recollect the name of the man who had the above women in charge, he was a white man. and witness had no reason to believe but the said slaves belonged to the man who paid their passage. as they were brought on board by him at St Louis. or at least they all came on the Boat about the same time and were at that time claimed by him. they came on board but a short time previous to the departure of the Boat, the steam being up. Witness saw them taken from the Boat at the Mouth of the Ohio by the same man who brought them on board, which was the last deponent saw of them. and has no knowledge that he ever saw them before they were brought on board at St Louis. No other black or other yellow women were taken from St Louis on said trip either as passenger or in any other capacity except the Chamber maid who had been on the Boat for some time having been engaged at Pittsburgh. Witness thinks there could have been no other black or mulatto women on board without his knowledge, these being but little freight on board, and witness having charge of the hold was daily in it from one end to the other, and carried the keys of the hatches which were generally locked, and the forecastle was always locked. and witness was the only one that had keys to the hatches or forecastle.

Witness says that as Mate of the Boat it was his duty to see to it generally and was daily in all the store rooms and pantrys to see that everything went right, and all through the cabins, and likewise. several times in the course of a day was in the deck hands room, firemans room, and steward room and also in the cook house. that he was sometimes in the Lady's Cabin and frequently walked around it.

Witness believes that there were some Lady passengers on the Boat during the last trip from St Louis, but does not recollect how many. it was quite cold, freezing weather at that time. the river had been closed above St Louis as the Boat attempted to ascend to Quincy but could not get up and had to return, and then left for Louisville and could not ascend the Ohio any further on account of the ice. during the last trip from St Louis to Louisville the weather was severely cold all the time. the weather was so cold that persons would suffer extremely without fire. two of the deck hands left the Boat during that trip and assigned as a reason that it was too cold for work on the Boat. The trip above spoken of, that is the last trip, is the one when it was alleged the slave was taken from St Louis. for soon after the Boat arrived at Louisville witness heard the charge was made. heard it probably not more than two days after he arrived at Louisville. Witness heard that Mr Baird had written from St Louis enquiring if a slave had been taken thence on that trip. when the clerk mentioned to witness that the Boat was charged with taking a slave from St Louis, it lead to some talk among the crew of the Boat, but witness is confident there was none on board. when the Boat left port, it was the custom for the clerk & witness to go through the rooms of the deck passengers to collect the passage money. and the Clerk himself went through the cabin. Witness says the same was done when the Boat left St Louis on her last trip last fall. Witness quit the Boat on the 13th July last. The Defendant Baldwin now resides in Louisville, and witness thinks his family resided there last fall. Baldwin is a slave owner. he had a slave (a man) on board the Boat during the trip above mentioned.

Cross examined

Witness does not recollect the day of the week the Boat left St Louis on her last trip last fall Thomas Baldwin was Captain of the Boat which was the Tempest and had been Captain of said Boat for some time previous to the trip above-mentioned say for more than two months, and continued as Captain until last Spring probably till May. Witness was Mate on said Boat all the time that Baldwin was Captain and they were on board together during that time. John Burt was clerk of said Boat during the last trip above-mentioned, and had been clerk from the 21st September 1835 and continued so until May, or thereabout 1836. The Boat made no trip to this place from the time of the last trip above-mentioned until Baldwin left her. does not recollect the names of any gentleman or Lady passengers on the trip called the last trip. it did not belong to witness to find out their names. The last time Witness saw Burt the Clerk, was on the 4th or 5th November instant at Jeffersonville Ind. at which time he was Captain of Steam Boat Pavillion. but witness does not know where he is now. The last time witness saw Capt Baldwin was on the Mississippi river below St Louis some time this present month, but does not recollect the day. does not know where he is now. Witness says he has had some but not much conversation with Capt Baldwin on the subject matter of this suit. that Baldwin told him he had been sued. The above conversation was some time this month in Louisville. 

Witness came this evening to testify at the request of Mr Spalding. thinks he arrived in this City last Sunday morning. and sometime after he arrived made himself known to Mr Spalding. During the trip called the last trip the crew consisted of James Adams & James Blackhart both white men and Jess a slave from Kentucky as firemen and being all the firemen at that time, one having left at St Louis on account of the cold. The Deck hands were Burns & Waters, both white men, does not recollect their christian names, being the only ones that went as far as Louisville, two having previously to her arrival at St Louis left on account of the cold. Witness had known Jess for some time. Anderson Lewis a yellow man was first Steward on said last trip, and had one assistant names not recollected. there was one chambermaid. does not know where the Assistant Steward now is. he was a white man from Louisville. 

There might have some Boats left on the same day the Tempest did on her last trip so called either before or after deponent thinks there were some about that time. Does not recollect the names of any Boats bound for Louisville lying at St Louis when the Tempest left, or while she lay here just before she left. does not recollect how many days the Tempest was going to Louisville. passed the Lady Jackson on the trip said to be bound to Louisville from St Louis. Saw another Boat on the trip, but whether she passed the Tempest, or the Tempest passed her does not recollect, nor does he recollect her name, but was said to be from St Louis and bound to Louisville. The Tempest during the last trip so called had a slow passage on account of the cold and ice. does not recollect the day of the month or week the Boat arrived in Louisville. Witness came out to Kaskaskia for the purpose entering land, and came from Kaskaskia to St Louis in Steam Boat Ontario. Witness did not come to St Louis at the request of Capt Baldwin, but came to purchase some land of Dunham Spalding. There was an Assistant Clerk on the Tempest sometime previous, but thinks not on the last trip so called. thinks his name was Wm Morgan. does not know a man by the name of Wm Massie, but has heard of his name.

Re-examined by Deft

Anderson Lewis the Steward came on board the Tempest at Pittsburgh came to St Louis & went to Louisville and has never been here on the Tempest, so far as witness knows, since the last trip so called, but has been twice here on other Boats. Witness does not recollect the names of the cooks. thinks the first cook was a black man came from Louisville. the second cook was a yellow man and also came from Louisville. and those were all the cooks there were so far as witness recollects. 

James Gilmore

Sworn to and subscribed before me this eighteenth day of November eighteen hundred and thirty six

D Hough J.P.

State of Missouri
County of Saint Louis ss

I Daniel Hough a justice of the peace within and for County aforesaid do certify that the foregoing deponent James Gilmore was by me sworn to testify the whole truth of his knowledge touching the matter in controversy aforesaid, that he was examined and his examination reduced to writing, subscribed & sworn to by said deponent in my presence on the day, between the hours, and at the place in that behalf first aforesaid.

Daniel Hough J.P.

Justice fee $2.50
paid by H. N. Davis
for Defendant