No 41
In the Circuit Court
July Term 1829

vs
Honey and

a free man

This is an action of
trespass assault and battery
and false imprisonment
Damages $ 200

a Summons
of John H Gay and
John W Honey

Coutten Atty for Plaintiff
Filed 26th June 1829 Archibald Gamble Clerk

Executed this writ on John W Honey June 26, 1829 by
reading to him the affidavit,, declaration, writ & order of the
Judge. On John H Gay June 27, 1829. He refusing to hear
the same read & acknowledge served. All done in county of
St. Louis .

R Simpson Shf Service $ 2.00

State of Missouri
County of St. Louis this the Circuit Court
July Term 1829

Nicholas Jones a free man of
colour complains of John W Honey and
John H Gay of a plea of trespass, For that
whereas the said John W and John H
on the first day of May in the year eighteen
hundred and twenty nine with force and
arms at the County aforesaid made an
assault upon the said Nicholas and then
and there beat bruised and wounded
the said Nicholas and then and there
imprisoned him the said Nicholas and
kept and detained him the said Nicholas
in prison there without any reasonable or
proper cause whatsoever, for a long time
to wit for the space of thirty days then
next following, contrary to the laws of
this state and against the will of the
said Nicholas wherefore he says he is injured
and hath sustained damage to the
amount of five hundred dollars and
therefore he brings suit &c

Filed 26 June 1829
Arch Gamble Clerk
Coulter Atty asigned for Pltf

County of St. Louis SctThe State of Missouri To the Sheriff of St. Louis County Greeting

We command you to summon John W . Honey and John H Gay
that they he and appear before the Judge of our Circuit Court at
the next term thereof to be held at the City of Saint Louis within and
for the County of St. Louis on the fourth Monday of July next then
and there to answer unto Nicholas Jones a free man of color of a
Plea of trespass wherefore he says he is injured and hath sustained
damage to the amount of Five Hundred dollars and have you
then there this writ

Witness Archibald Gamble Clerk of our said
Court at office this twenty sixth day of June
One thousand Eight Hundred and twenty nine Archibald Gamble Clerk

To the honorable William C. Carr
Judge of the Circuit Court of the
Judicial Circuit of the State of Missouri

The petition of Nicholas Jones respectfully
showeth that he is detained in custody as a slave by
John W Honey and John H Gay illegally
be cause he is entitled to his freedom.

The said Nicholas says that he is entitled
to his freedom because he was by his
former Master Trueman Tyler of Prince
George County Maryland regularly
emancipated many years by the
according to the laws of the State
of Maryland . The said Nicholas prays
that he may be to sue as a
poor person.

John D Coulter

State of Missouri
County of St. Louis

agent for the Plaintiff

Personally appeared before the a Jus
tice of the peace of St. Louis County the above named
Nicholas Jones who being by me duly sworn upon his
oath says that the faith stated in the foregoing
petition are true

sworn to subscribed
before me this 26th day of June 1829
Peter Ferguson Justice
of the peace County St. Louis Nicholas his + mark Jones

State of Missouri

The within named Nicholas Jones is
to sue as a poor person to establish his right to freedom
and John D Coulter is asigned as his counsel and
the Clerk of St. Louis Circuit Cort is hereby directed to sue accordingly

It is also ordered that the said petitioner have
reasonable liberty to attend his counsel and the
Court, when occasion may require; and that he
shall not be taken out of the jurisdiction of the
Court, nor be subject to any severity because of
his application for freedom.

Witness my hand this twenty fifth day of
June in the year eighteen hundred and twenty nine Will . C Carr
Judge of the Judicial Circuit

Honey and

ads

And the said John W . Honey and John
H. Gay , by their attorney, come and defend
the force and injury when and say they
are not guilty of the and trespass
above said to then charge, nor any of them, in
manner as the said Nicholas Jones has
above complained against them, and of this
they put themselves upon the Country .

E. Bates

And for a further plea in this behalf the
said John W Honey and John H Gay against the said plaintiff ought to be
banned from having his action aforesaid against
them herewith they say that at the time when
the said supposed wrongs and trespass above
complained of, are alleged to have him committed,
by the said defendants, the said plaintiff was,
and still is a slave, to wit at the County of St .
Louis aforesaid, without this, that the said
plaintiff, at the said time when hereby a
freeman, as in and by his said declaration
is above supposed, and of this they put themselves
upon the Country .

filed 29th July 1829
Archibald Gamble Clerk E. Bates

350437Book 5 458court326

Book 6Judgement for plantiff
damages 1 cent Book to page 32

Arch Gambler Clerk

No 41
St Louis Circuit Court
July Term 1829

vs
Honey &

1st plea Not Guilty

2 plea palintiff is a slave

Filed29th July 1829
Archibald Gamble Clerk

&

ads plea

1. not Guilty

Plt is a slave

County Of St. Louis , Sct.State of Missouri ,To any Judge or Justice of the Peace of the State of Maryland ....Greeting.

We, reposing special trust and confidence in your integrity and circumspection, do require and command you that you
cause to come before you such person or persons as shall be named to you by Nicholas Jones or John H Gay and & J W
Honey their attorney or agent and him, her or them examine upon his, her or their corporal oath (to be by you adminidtered) touching
their knowledge of any thing that may relate to a certain matter of controversy, now pending in our Circuit Court , for the
county of St. Louis , wherein Nicholas Jones is plaintiff and John H. Gay &
John W Honey an defendant on the part of the said plantiff and having reduced the said depositions
so taken by you as aforesaid into writing, you are required to send the same, together with this commision enclosed under your
seal, to our said circuit court, with all convenient speed.

Witness, Archibald Gamble , Clerk of our said Circuit Court , at the City
of St. Louis , this 18th day of December in the year of our Lord,
one thousand eight hundred and twenty nine Archibald Gamble Clerk, C.C.

Circuit Court
November Term 1829

. Honey &+

On motion of the Attorny
for the said plantiff it is ruled that a
Judge or Justice of the peace of the State of Maryland
to take the depostions of witness to be near in evidence
in the trail of the above cause on the part of the
said plantiff

A true Copy of the order
Teste Arch Gamble Clk

vs
&
Honey

William Hennry Peace being
Duly sworn upon the Holy
of and
saith that some time about the
year 1816 or 1817he knew a colour
ed boy of the name of a
Nicholas Jones about 12 years of
age. That this deponent had a
difference with the said Nicholas
Jones , upon which he threw a
shell at and cut the said Ni
cholas upon the ear

W H Peace

County Court

on the 12 of Febuary 1830 appeared before then duly swore unto a Justice
of the Peace for said County and for William H . Peace and
made oath that the fact as stated alon an
true

James

Anne Arundel County to wit

I hereby certify that James Hunter
Gentleman who appears to have taken and signed
the aforegoing deposition the June of a
doing are of the State of Marylands Justice of the
peace in and for anne arundel County duly
Commissioned and Sworn

In Testimony whereof Theretoset
my name and office the seal of anne Arundel County Court this Second day
of april in the year of our Lord one
thousand Eight hundred and thirtyH Slneemed AA Co of Coo

vs.

and
Honey

Richard J Jones being sworn
whom the Holy of Almighty
God the and saith that sometime
in the year 1821 he sent the sum of
five dollars to named Jones (a freeman of color)for the purpose of de-
fraying expenses incident to carry-
ing Nicholas Jones (son of the said sworn
) on board of a vessel com
manded by a certain John Johnson .
This deponent further saith that he
has a perfect recollection of the said
Nicholas Jones and that he was
at the time afore said about 14 or
15 years of Age that in or about
the month of August 1821 this deponent
had a with the said John
commanded as aforesaid in
which this deponent distinctly understood
that the said that the said Johnson at the
and of the Father the said Aaron
aon board his vessel and em-

the said Nicholas Jones as a
labourer owning his (the said Johnson's ) voyage
From this fort ( Annapolis ) to the fort
of New Orleans and the return voyage.
That this deponent always understood
and verily believes the said Nicholas
Jones was a free personentitled to his free
dom.

NJ Jones Sworn to the a Justice of the peace for Ann
Aundel county the 12 day of February 1830 James Hunter

Anne Arundel County to wit

I herby Certify that James Hunter
Gentlmen who appears to have taken and signed
the aforegoing deposition was at the time of so
doing one of the State of , Marylands Justices of the
Peace in and for Anne Arundel County duly
Commissioned and sworn

In Testimony where of I heretoset
my name and office the seal of the
Anne Arundel County Court this
second day of april in the year of our
Lord one thousand Eight hundred and
thirtyHm Slneemed A A Co of Coo

Honey &

Grace makes oath an the
of almighty God that Truman Tyler late of Prince
Geroge County with state of Maryland was mad
in the possesion of and the owner of a negro
Boy called Nicholas Jones that with one
thousand eight hundred and twenty six when the
said Boy was about there months old the
said Truman Tyler whose slave the mother of
the said Boydied places on said Boy in the
possesion of his father a free Man of color
called Aaron Jones , but this oponent does not
her knowledge whether the said Truman
Tyler maintained him or upon what Terms he
was given to his father-- she states however that the
said Boy has never said in possesion of said Tyler

grace C Tyler Sworn to before the sub unto a Justice of the peace for
Anne Arundel county the 12. day of Febuary 1830 James Hunter

Anne Arundel County to wit

I hereby Certify that James Hunter
Gentleman who appears to have taken and signed the
aforegoing deposition was at the time of so doing
one of the state of Maryland’s Justices of the Peace
in and for Anne Arundel County duly Commiss
ioned and sworn.

I hereby Certify that James
gentleman who appears to have taken and signed the
aforegoing deposition was atthe time of doing
one of the state of maryland’s justices of the peace
in and for Anne County duly
and In Testimony whereof I hereto set
my name and office the seal of
Anne Arundel County Court this
second day of one thousand eight
hundred and thirty. Hm Slpeened A A Co Coo

filed 3rd May 1830

Arch Gamble Clerk