Julia, alias Mary Ann v. Robert Duncan

To the Honorable Luke E. Lawless Judge of the Third Judicial Court of the State of Missouri

Your Petitioner Mary Ann an infant of colour under twenty one years of age by James Loper her next friend represents that she is now held in slavery by Robert Duncan in the city of St Louis who claims your Petitioner as his slave

Your Petitioner states that she was born free. Your Petitioner's mother was born in the State of Pennsylvania and was in that State in that state indentured or bound to serve until the age of twenty eight years according to the Laws of that State to a Mr Page. Said Page sold the service of your Petitioner's mother to one Zumer and said Zumer sold her Term of Service to John L. Sutton deceased.

And your Petitioner was born in St Louis & from her birth has been claimed as the slave of said Sutton & said Duncan under him. Somewhere about the year AD 1820, your Petitioner's mother was run off & sold as a slave in the state of Louisiana. And the said John L. Sutton when he caused your Petitioner's mother to be run off & sold as aforesaid well knew that your Petitioner's mother & your Petitioner were both entitled to their freedom. Your Petitioner prays she may be permitted to sue as a poor person to establish her freedom.

James Loper

James Loper on his oath says that he believes that the facts on the above petition stated are true

James Loper

Sworn to and subscribed before me this 25th day of September A.D. 1834.
Wilson Primm J.P.

I am willing to act as the next friend of the above Petitioner Mary Ann in her suit for Freedom

James Loper

State of Missouri 
St Louis County ss

James Loper on his oath says that he is informed & believes that Fillis the mother of the within named Mary Ann was forcibly taken from St Louis to prevent her obtaining her freedom & this affiant does verily believe that there is danger that said Mary Ann may be removed beyond the Jurisdiction of the St Louis Circuit Court in defiance of any order that may be made by the Judge of said court unless the Judge of said court shall require said Mary Ann to be brought before him by Habeas Corpus & take such measures for the security of said Mary Ann as the Law in such case provides.

James Loper

Sworn to and Subscribed before me this 25th day of September 1834
Wilson Primm J.P.

Being of opinion that the Petition of Mary Ann above set forth contains sufficient matter to authorize the commencement of a suit for her Freedom. I do hereby order that she be permitted to sue as a poor person to establish her freedom and I do assign Gustavus A. Bird as her counsel to commence & prosecute said suit. And I further order that the Petitioner Mary Ann have reasonable liberty to attend her counsel & the court when occasion may require; and that the Petitioner shall not be taken or removed out of the Jurisdiction of the St. Louis Circuit Court, nor be subject to any severity of treatment because of her application for Freedom. Given under my hand as Judge of the Third Judicial Circuit of the State of Missour this 27th day of September AD 1834.

L. E. Lawless

No 46 

Saint Louis Circuit Court 
November Term 1834

Mary Ann (Julia) an infant of color
by James Loper her next
friend vs
Robert Duncan

This is a suit for Freedom under the statute in the usual form. Damages $500. The clerk will please issue a summons &c

G. A. Bird
Atty for plff

Filed 27th September 1834 
Archibald Gamble Clerk

Judgment by default & Judgment of liberation. Damages 1 cent. Book 7. 373
Judgment [unclear] given to amend declaration by striking out Mary Ann & inserting Julia. 396

State of Missouri Circuit Court Third Judicial Circuit
November Term AD 1834

Saint Louis County ss. Mary Ann alias Julia an infant of color by James Loper her next friend complains of Robert Duncan of a plea of trespass assault & battery & false imprisonment for that heretofore to wit on the first day of October in the year of [unclear] eighteen hundred & twenty eight at St Louis in said county the said defendant an assault did make upon her the said Mary Ann alias Julia. And her the said Mary Ann alias Julia did then & there with force & arms beat, wound, & ill treat, and her the said Mary Ann alias Julia did then & there imprison without any lawful or probable cause and her the said Mary Ann alias Julia kept & detained in prison there without any lawful cause for a long space of time towit from the said first day of October in the year last aforesaid up to the commencement of this suit and other wrongs to the said plaintiff then & there did against the [unclear] & dignity of said state and said plaintiff avers that at the time of the committing the said several grievances & [unclear], she was & still is a free person and the said defendant held & detained & still holds & detains the plaintiff in slavery. Wherefore the plaintiff says she is greatly injured & hath sustained damages to five hundred dollars & therefore she sues as aforesaid.

G. A. Bird
Atty for Plff

The State of Missouri 
County of Saint Louis ss. 

To the Sheriff of the county of Saint Louis Greeting

We command you to summon Robert Duncan that he be and appear before the Judge of our Circuit Court at the next term thereof to be held at the City of St Louis within and for the County of Saint Louis on the fourth Monday of November next then and there to answer unto Mary Ann an infant of color who sues by James Loper her next friend of a plea of trespass, assault, and battery, and false imprisonment. Wherefore the plaintiff says she is greatly injured and hath sustained damages to four hundred dollars and have you then there this writ.

Witness Archibald Gamble Clerk of our said Circuit Court at office this twenty seventh day of September one thousand eight hundred and thirty four. 

Archibald Gamble Clerk

Being of opinion that the petition of Mary Ann above set forth contains sufficient matter to authorise the commencement of a suit for her freedom. I do hereby order that she be permitted to sue as a poor person to establish her freedom and I do assign Gustavus A. Bird as her counsel to commence  & prosecute said suit. And I further order that the petitioner Mary Ann have reasonable liberty to attend her counsel & the Court when occasion may require; and that the petitioner shall not be taken or removed out of the jurisdiction of the St Louis Circuit Court, nor be subject to any severity of treatment because of her application for Freedom. Given under my hand as Judge of the Third Judicial Circuit of the State of Missouri this 27th day of September A.D. 1834.

L. E. Lawless

I certify the above to a true copy of the order made in this case.

Archibald Gamble Clerk

Executed this writ on Robert Duncan by reading it & the declaration to him together with the order made by the honorable Judge L. E. Lawless Judge of the Third Judicial Circuit & delivered to the said Duncan a writ of Habeas Corpus signed by said Judge done in the county of St Louis on the 27th day of September 1834.

J. Brotherton Shff
by G. Hammond Dept

In the Circuit Court.
St Louis County State of Missouri

July term

Julia by her next friend James Loper
vs
Robert Duncan

And the said defendant by Harris L. Sproat his attorney comes and defends the force and injury when &c and says that he is not guilty of the said supposed trespasses above laid to his charge or any or either of them or any part thereof in manners and form as the said plaintiff hath above thereof complained against him. And of this he the said defendant puts himself upon the country &c

And for a further plea in this behalf the said defendant says that the said plaintiff ought not further to have or maintain his aforesaid action thereof against him the said defendant because he says that the said plaintiff is his slave. And of this he the said defendant &c

Sproat for Deft

No 46
Nov Term 1834

Suit for freedom

Julia a coloured girl
by her next friend James Loper
vs
Robert Duncan . . . 

filed July 13th 1835
A Gamble Clk

Judgment by default (in name of Mary Ann). Book 7 - 373
Judgment set aside & [unclear] to strike out Mary Ann & insert Julia - 396

Verdict & Judgment Book 7 page 430
Fee bill 194

No 46 
Saint Louis Circuit Court
November Term 1834

Mary Ann 
vs 
Robert Duncan

Petition order &c in suit for Freedom

Filed 27th September 1834 
Archibald Gamble Clerk