Patrick Henry’s
Petition for freedom
presented, not to the
house of Burgesses of
to the Circuit
County of St.Louis &

filed on August 19th 1829 A Gamble Clerk.

To the Honorable the Judge of the St.Louis Circuit Court

Patrick Henry by Maria Whiten his next friend
represents to your Honour that he is the infant son of the
said Maria , that he was born a slave in the State of
Virginia and was the property of Jesse Whiten who resided
in Bedford county in that State, that about twelve
months since the said Jesse removed from that State
to Kentucky and took your petitioner and his mother
along with him, where they resided with the said Jesse
about two months, that the said Jesse then removed
to the state of Illinois and took your petitioner and his mother
with him to reside in Illinois , that on coming to said
state and commencing his residence there, he the said
Jesse hired the mother of your petitioner to one Abra
-ham Granger in the said state of Illinois for three
dollars per month, that that the mother of your petitioner
hired with the said Granger about three months, and
your petitioner being but an infant remained with his
mother at said Granger , that the said Jesse established
himself with your petitioner and his mother in Decem
-ber
1828 in the State of Illinois and died in February
1829-that the said Jesse on his death bed called upon witnesses
and declared that it was his desire and his last will & testament
that your petitioner and his mother should be free,
that from the death of the said Jesse until within
a few days your petitioner has resided in the state of
Illinois with his mother & considered to be and
an a free child, when one Garland Rudher combining
and acting in court with others took possession of
your petitioner and his mother and brought them to
the county of St Louis and now holds them as slaves
slaves and is endeavoring to sell them as slaves.
Your petitioner beleiving and being advised that the

above facts written him and his mother to their freedom
prays permission to institute suit by his next friend
in forma pauperis to establish his right to freedom
And your petitioner with our pray

Sworn to
19th day of August 1829 C. Maria her X mark Whiten

State of Missouri
County of St.Louis Sct.

This day Maria Whiten personally appeared before
me J.V . Garrin a Justic of the peace within and
for the County aforesaid and made oath that the said
Maria who has been permitted to sue in in forma pau
-peris and has accordingly commenced said suit in the
St.Louis circuit Court for his freedom that she the
said Maria & her infant child Patrick Henry in the
above petition mentained are about to be removed
out of the jurisdiction of the St Louis circuit court
by Garland Rucker . The said Maria for herself & her
child Patrick Henry prays a writ of Habeas corpus
to cause them to be brought before your Honour to
be dealt with according to law-

Sworn to 19th
day of August 1829 Maria her X mark Whiten

In the St.Louis Circuit Court November Term 1829County of St.Louis , Sct

Patrick Henry a free boy of color under the
age of twenty one years who is permitted by the court to sue
by Maria Whiten his next friend as a poor person, by his
attorney the other assigned as counsel by the court,
Complains of Garland Rucker of a plea of Trespass.
For that the said Garland heretofore, to wit on the thirteenith
day of August in the year Eighteen hundred and twenty
nine, with force and arms at the county of St Louis afore
said, an assault did make upon the Lady of the said
Patrick Henry and then & there beat, bruised & ill treated
him the said Patrick Henry and kept & detamed him
in prison there against his will & without any reason
able or probable cause whatever, and has ever
since kept and detained him in person against
his will without any reasonable or probable cause
contrary to the laws of this state. And the said Patrick
Henry by his next found aforesaid, overs, that before
and at the time of the committing the greivances aforesaid
the said Patrick Henry than was, and now sixstill is a free
person and that the said Garland held & detained him
and still holds and detains him in slavery_ And the said
Garland other to him the said Patrick Henry
then & there did, to him the said Patrick Henry aganist
the peace of the state. Wherefore the said Patrick Henry
by his next friend aforesaid says he is greatly injuired
by him the said Garland and hath sustained
damage to the amounts of five hundred
dollors and therefore he sues as aforesaid

Strothers & p.q.

The State of Missouri
County of St.Louis Ss.To the Sheriff of the County of St.Louis
Greeting

We command you to summon Garland Rucker that he
be and appear before tha 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 St.Louis on the fourth Monday of
November next then and there to answer unto Patrick
Henry a free boy of color under the age of twenty one years
who is permitted by the Court to sue by Maria Whiten his
next friend as a poor person of a plea of trespass where-
-fore
the said Patrick Henry by his next friend aforesaid
says he is greatly injuired by him the said Garland and
hath sustained Damage to the amount of Five Hundred
Dollars and have you then there this writ.

Witness Archibald Gamble Clerk of our
Circut Court at office this 20th day of August 1829 Archibald Gamble Clerk

St Louis Circuit Court July Term 1829
Wednesday 19th august 1829

George J Strother presents here to the court the petition of Patrick
Henry by Maria Whiten his next friend praying that he may be
permitted to institute suit against Garland Rucker to establish his right
to freedom and that he may be permitted to sue as a poor person there-
-upon
the Court permits the said Patrick Henry to sue as aforesaid
and directs that an action of assault and battery and false im-
-prisonment be commenced against the said Garland Rucker in the
name of the said Patrick Henry and assign George T Strother
Esquire as his counsel and it is ordered by the Court that the
said defendant permit the said Patrick Henry to hav a reason
-able
liberty of attending his counsel and the Court when occasion

may require it and that the said Patrick Henry shall not be
taken or removed out of the jurisdiction of their court and that
he shall not be subject to any severity of treatment on account
of his said application for freedom

A true copy of the order
Archibald Gamble Clerk

Executed this writ on Garland Rucker in St. Louis
August 21, 1829. by reading to him the Declaration
summons & order of court.

R Simpson Shf.
Serve $1.00

No 16
St. Louis Circuit Court
November Term 1829

vs

Declaration

This is action of Trespass assualt
& Battery and false imprisonment
Dam. $500, issue a Summons

Strother & Filed 20th august 1829 Archibald Gamble Clerk

ads

And the said Defendant Garland
Rucker by Gamble his Attorney complains comes and
defends the force and injury when & and
says he is not guilty of the said supposed trespass
in the declaration mentioned in manner
and form as the said plaintiff hath com
plained against him and of this he puts
himself upon the Country

And for further plea in this behalf
the said Defendant says the said plaintiff ought
not to have and maintain his aoresaid ac
tion against him because he says that
at the time of committing the said supposed tres-
-pass in the declaration mentioned he the said
plaintiff was and still is a slave without this that
he the said plaintiff was at the said time
free as in his pleading is above supposed
and this he is ready to verify whereupon he
prays judgment

HR Gamble
Atto for Dfn
filed Nov 25th 1829AG Clk

No 16
Novr Term 1829

ads

Two pleas Not guilty
of plaintiff

filedNov 25 1829 A Gamble Clk

In the St. Louis Circuit Court
November Term 1829

vs

And the said Patrick Henry
by Maria Whiten his next friend, as to the plea
of the said Garland by him first above pleaded
and whereof he hath put himself upon the
Country cloth the like.

And the said Patrick Henry by Maria
Whiten his friend, as to the said plea
of the said Garland by him secondly above
pleaded saith that he the said Patrick
Henry by reason of any thing by the
said Garland in that plea alleged
ought not to be barred rom having
and maintaining his aforesaid action
thereof against him the said Garland
because he says that before & after
at the time of committing the grievance
and trespass in the said Plaintiff decla
-ration
mentioned he then was & now
is a free person-And this he the said
Patrick Henry by his next friend aforesaid
prays many be enquired of by the coun
-try

Strother pq Filed 19th December 1829 Archibald Gamble Clerk

5374399380482 pleas446 41-6

No 16
November Term 1829

vs

to Defty.
first & second pleas

Strother pq filed 19th December 1829 Archibold Gamble Clerk