H. William C. Carr Judge of the St. Louis Circuit
court

The petition of William Henry , a black man held
in slavery showeth, that he is now aged about thirty one
years & two months: that he was born in the state of
Virginia & was brought from thence to the town of Kaskaskia
in the now state of Illinois , about sixteen
years ago, when your petitioner was aged about fifteen
years, and was then sold as a slave to Hugh Maxwell
who then resided at Kaskaskia aforesaid: that said Hugh
Maxwell was then permanently settled with his family
at said Kaskaskia & has resided there ever since, and
that he held your petitioner these as a slave, from
the time aforesaid of the sale of your petitioner to
him for the period of eleven years; that he then sold
your petitioner to David Dunklin of Washington
County in Missouri , who sold him to one Elijah
Inge , who sold him to William Hempstead , which
said Hempstead sold him to David G. Bates , who now
claims & holds your petitioner as his slave, He further
states that when said Inge was the owner of your
petitioner as aforesaid, he said Inge , some time
in the month of October in the year of our Lord
one thousand eight hundred Twenty eight, took
your petitioner to Galena in the said state of Illinois ,
& settled there with your petitioner & so remained
there holding your petitioner in bondage
until June last: that said Hempstead then purchased
your petitioner, & kept him in bondage
in said last mentioned place, where said Hempstead
was settled in business, until about three months
ago, when he sold your petitioner to said Bates ,
who took possession of your petitioner & brought
him as his slave to St. Louis in the state of
Missouri where is now keeping your petitioner in
bondage & claiming him as his slave, and your
petitioner states that for the causes aforesaid he is
entitled to his freedom under & in virtue of the ordinance
of Congress of the year 1787, as he is advised
& believes; & he prays that he may be permitted
to sue as a poor person free of will.

He says further that the said David G. Bates
his present master, is the master of a steam Boat
running on the Mississippi River , on which he has
put your petitioner to work as a fireman; and that
in a day or two said Boat will he here, when
your petitioner will without doubt, he compelled
to go an board, & will be taken out of this state
of Missouri & the Jurisdiction of the St. Louis Circuit
Court , unless it shall be prevented by the
interference of your Honor and he greatly fears
that if said Bates is permitted to take your petitioner
out of Missiouri , that he will not bring him
back again, He says further that he was remained

in St. Louis a few days while said Bates has been making
a trip of the River, in consequence of having
been sick, He says further that said Bates is not a resident
of the state of Missouri

Your X mark

State of Missouri
County of St. Louis

William Henry being sworn on his
oath saith that the statements in the forgoing petition
contained are true

sworn to
M. Germen by you X mark Henry

State of Missouri
County of St.Louis ss.
at Chambers May 20, 1830

Being of opinion that the
foregoing petition contains sufficient matter to authorize
the commencement of a suit, it is hereby ordered that
said William Henry may sue David G.Bates an a poor
person for his freedom: and Josiah Spalding in hereby
assigned as counsel for said petitioner, and it is further ordered that said petition have reasonable liberty
to attend his counsel & the Court when accasion
may require; and that the petitioner shall not he
taken or removed out of the jurisdiction of the St .
Louis Circuit Court , nor he subject to any severity
because of his application for freedom.

Wills . C. Carr
Judge 3. Circuit

State of Missouri
County of St.Louis . ss.
at chambers, May 20. 1830

Being satisfied that the petitioner
in the foregoing petition named, is about to he removed
out of the jurisdiction of the St. Louis Circuit
Court it is hereby ordered that the said David G .
Bates or his agent enter into a recognizance with sufficent
security, conditioned that said petitioner shall at
all times during the pendency of the suit have reasonable
liberty of attending his counsel, & that he shall
not he removed out of the jurisdiction of the St. Louis .
Circuit Courts , wherein said action for freedom is
to be brought, & that he shall not be subjected to
any severity because of his application for freedom:
and it is further ordered that this order be served on
said David G. Bates and that if he shall refuse
to enter into such recognizance the sheriff of the county of
St. Louis take possession of the petitioner &
hire him out according to law taking
bond in the penality of five hundred
dollars with security as the
law directs.

William C. Carr
Judge 3. Circuit.

St. Louis Circuit Court For July Term 1830

County of St.Louis ss. William Henry , a black man
held in slavery, permitted to sue as a poor person, by J. Spalding
assigned as his committed attomey, complains of
David G. Bates . of a plea of trespass. For that the said
David G. Bates on the first day of March in the year of our
Lord one thousand eight hundered and thirty with force and
arm. He made an assault on the said William Henry to
wit at said County of St. Louis then and there beat bruised
and ill- treated him the said plaintiff and then & there in
prisonedhim the said plaintiff & kept & detained him
in prison there without any reasonable cause for
a long space of time to wit from then hitherto
contrary to the law of the State of Missouri & against
the will of the said plaintiff, and said plaintiff aver
that before and at the time of the committing of said
grievances he said plaintiff was and still is a free
person, & that the said defendant held & detained &
still holds and detains him said plaintiff in slavery. And the said defendant then & there
did other wrongs to the said plaintiff against the peace of the
State of Missouri & to the damage of the said plaintiff
of five hundred dollars & therefore he brings
his suit & C.

J. Spalding
attorney, for plaintiff.

This writ was executed on Hill agent of the Defendant in city of St.Louis May
24. 1830 By reading to him the Declaration, & orders
of the judge The said Hill as the agent of the defendant
D.G. Bates , referring to give bail as required by the judge, the
man Wm Henry was on the same day taken into custody
excuted on David G. Bates in the city of St. Louis June 27. 1830by reading
the petition summons & orders of the judge said acknowledging service 2.08

R Simpson Sheriff.

No 30
July Term 1830
St. Louis Circuit Courts

& petition

For freedom Trespass & false imprisonment $500
issue summons

Filed May 20th 1830 A.Gamble Clerk.

County of St. Louis Sct.To the Sheriff of St.Louis County Greeting

We command you to summon David G. Bates 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
St. Louis on the fourth monday of July next then and there to
answer into William Henry a black man said in slavery
of a plea of trespass to the damage of said plaintiff of
five hundred dollars. And have you then there this writ

Witness Archibald Gamble , clerk said court
at office This 20th day of May 1830 Archibald Gamble Clerk.

State of Missouri
County of St.Louis Copy of the order granting permission issue
At chambers May 20 1830

Being of opinion that the foregoing petition contains
sufficient matter to authorize the commencement of a suit it
is hereby ordered that said William Henry may sue David
G. Bates as a poor person for his freedom and Josiah Spalding is hereby assignedas counsel for said petitioner. And
it is further ordered that said petitioner have reasonable
liberty to attend his cousel & the Courts 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 severitybecause of his application
for freedom.

Will C. Carr
judge 3. Circuit.

And the said David G. Bates , by E. Bates his
attorney causes and defends the force & injury where
he prays that he is not guilty of the wrongs & trespass above said to his charge in manner & force as the said William Henry has above in declaring
alleged against him, and of this he but himself
upon the county

E Bates

Demurred to 2nd plea sustained book 6 page 113 Arch Gamble Clerk

And for a futher plea on his behalf, the said
David G. Bates says that the said William Henry
ought not to be have & maintain his action aforesaid
against him, he says that at the time
of the committing of the said supposed trespass
in the declaration mentioned, the said William Henry was still is a bondsman without this
that the said William Henry at the said time
was free man, as in his declaration
is above supposed and of this he the said
David G. Bates put himself upon the
county.

E. Bates filed July 30th 1830
A Gamble Clerk.

No 30
July Term 1830

plea N. Guilty & pltff
a bondsman

Filed July 30th 1830 A Gamble
Clerk

July Term 1830

Demurrer to 2nd
plea. sustained
Book 6 page 113
A Gamble Clerk

As to the plea of said defendant first above
pleaded the said plaintiff saith that he doth the like & C.
and as to the plea of said defendant secondly
above pleaded said plaintiff saith that the said plea
& the matter therein contained in manner & form as
they are therein pleaded and set forth are not
sufficient inlaw for the said defendant to have &
preclude him said plaintiff froms having & maintaning
his aforesaid action against him nor is he bound
by the law of the land to answer the and this he is ready to verify. Wherefore
he prays judgement of N.G..

Files 16th August 1830 Archibald Gamble clerkJ. Spalding Attorney for pltff

176

Judgement of Demurrer page 113 Book 6 -

Verdict Guilty & Judgement for plaintiff Damages 1
Book 6 page 166 -

Archibald Gamble Clerk

No 30
July Term 1830

& Demurrer

J. Spalding Atty Filed 16th August 1830 Archibald Gamble Clerk

County Of St.Louis ,Sct.The State Of Missouri ,To The Sheriff Of Saint Louis County - Greeting.

You are hereby commanded to summon Nathaniel Morris Abner Morris
David Morris Amos Berean & John Gillis
that setting aside all manner of excuse and delay, he be and appear in proper person before the
Judge of our Circuit Court , on the Seventh day of Aprilnext, at the City of
St. Louis , then and there to testify and the truth to say in a certain matter of controversy now
pending in our said Court, wherein William Henry is plaintiff
and David G.Bates is defendant on the
part of the plaintiff; and have you then there this writ.

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

St.Louis Circuit Court
March Term 1831

for plaintiff in 7th April 1831

x Nathaniel Morris 29
x Abner Morris 29
David Morris Amos Berean x John Gillis

Served this writ on John Gillis by reading it to him on the 26th March
1831. On Nathaniel Morris
Abner Morris on the 29th March in
the county of St. Louis David morris
Amos Berean not found

150
1.75

25

John K . Walker Shff

County Of St.Louis ,Sct.The State Of Missouri ,To The Sheriff Of Saint Louis County - Greeting.

You are hereby commanded to summon Nathaniel Morris Abner Morris
David Morris Amos Berean & John Gillis
that setting aside all manner of excuse and delay, he be and appear in proper person before the
Judge of our Circuit Court , on the 14th day of Aprilnext, at the City of
St. Louis , then and there to testify and the truth to say in a certain matter of controversy now
pending in our said Court, wherein William Henry is plaintiff
and David G.Bates is defendant on the
part of the plaintiff; and have you then there this writ.

Witness, Archibald Gamble , Clerk of our said Circuit
Court , at the City of St. Louis , this 9th day
of April in the year of our Lord one thousand eight
hundred and 31. A Gamble clerk C.C.

This writ come to hand too late to be
executed

John K Walker Sheriff
by L Brotherton

March Term 31

Abner Morris

Nathaniel Morris

David Morris

Amos Berean

John Gillis

14th April

Party.

County Of St.Louis ,Sct.The State Of Missouri ,To The Sheriff Of Saint Louis County - Greeting.

You are hereby commanded to summon Frederick B McNair
Joseph A Wherry
that setting aside all manner of excuse and delay, he be and appear in proper person before the
Judge of our Circuit Court , on the 14th day of April, at the City of
St. Louis , then and there to testify and the truth to say in a certain matter of controversy now
pending in our said Court, wherein William Henry is plaintiff
and David G.Bates is defendant on the
part of the plaintiff; and have you then there this writ.

Witness, Archibald Gamble , Clerk of our said Circuit
Court , at the City of St. Louis , this ninth day
of April in the year of our Lord one thousand eight
hundred and thirty one. A Gamble Clerk C.C.

Executed on Fredk B . McNair on the 9th April and Joseph A Wherry
on the 11th same Month by reading 100

Jn K Walker Shff

March Term 1831

for F B McNair

& Joseph A Wherry14th april
for plaintiff

County Of St.Louis , Sct.The State Of Missouri ,To The Sheriff Of Saint Louis County - Greeting.

You are hereby commanded to summon Nathaniel Morris Abner Morris
David Morris Amos Berean & John Gillis Frederick B McNair
and Joseph A Wherry
that setting aside all manner of excuse and delay, they be and appear in proper person before the Judge
of our Circuit Court , on the second day of Augustnext at the City of St. Louis ,
then and there to testify and the truth to say in a certain matter of controversy now pending in our said Court,
wherein William Henry is plaintiff
and David G.Bates is defendant on the part of the
plaintiff; and have you then there this writ.

Witness, Archibald Gamble , Clerk of our said Circuit Court ,
at the City of St. Louis , this twenty fourth day of June in
the year of our Lord one thousand eight hundred and thirty-one. A Gamble Clerk C.C.

Excuted This writ on Abner Morris 8th Julyon
Nathaniel Morris 9th July on Joesph A Wherry
14th July on Frederick B Mc Nair 16th July
1831 in the county of St.Louis by reading
it to them David Morris Amos Berean & John Gillis not found in my county

# 2003 3.7 1/2#2.37 1/2

John K Walker Shrff

July Term 1831

for plaintiff

Nathaniel morris 9
Abner morris8 July
David morris Amos Berean John Gillis on 2nd august Frederick B McNair 14
Joseph A Wherry 14

County Of St. Louis , Sct.The State Of Missouri ,To The Sheriff Of Saint Louis County-Greeting.

You are herby commanded to summon Taney
that setting aside all manner of excuse and delay, he be and appear in proper person before the
Judge of our Circuit Court , on the second day of August, at the City of
St. Louis , then and there to testify and the truth to say in a certain matter of controversy now
pending in our said Court, wherein William Herry (a man of color is plaintiff
and David G Bates is defendant on the part of the plantiff; and have you then there this writ.

Witness, Archibald Gamble , Clerk of our said Circuit
Court , at the City of St. Louis , this sixth day
of july in the year of our Lord one thousand eight
hundred and thirty one Archibald gamble Clerk C.C.

Served this writ or Michael Taney
on the 1st August 1831 by reading it to
him in the city of
St. Louis

John K Walker Shff

July term 1831

for plaintiff

1st
on 2nd August Michael Taney

County Of St. Louis , Sct.The State Of Missouri ,To The Sheriff Of St Louis County--Greeting.

You are hereby commanded to summon Wm. P. Tillton
that setting aside all manner of excuse and delay, he be and appear in proper person before the Judge
of our Circuit Court , forthwith, at the City of St. Louis ,
then and there to testify and the truth to say in a certain matter of controversy now pending in our
said Court, wherein Willam Henry is plaintiff and
David G. Bates defendant on the part of the plaintiff and have you then there this writ.

Witness, Archibald Gamble , Clerk of our said Circuit
Court at the City of St. Louis , this 2nd day of
August in the year of our Lord one thousand eight
hunred and thirty one Clerk C.C.

served this writ on William
P Tillton on 3rd August 1831

Jn K Walker Shrff

for

Wm. P Tillton forthwith for
Plaintiff

County Of St. Louis ,Sct.State of Missouri ,To the Sheriff of saint Louis County ----Greeting.

You are hereby commanded to summon John Gillis
that setting aside all manner of excuse and delay, he be and appear in proper person before the Judge
of our Circuit Court , forthwith at the City of St. Louis , then
and there to testify and the truth to say in a certain matter of controversy now pending in our said Court,
wherein William Hennry is plaintiff, and
David G Bates is defendant, on the part of the
plaintiff; and have you then this writ.

Witness, Archibald Gamble , Clerk of our said Circuit Court ,
at the City of St. Louis , this third day of august in
the year of our Lord, one thousand eight hundred and thirty one Archibald gamble Clerk, C.C.

Executed this writ on John Gillis 3rd august
1831 in the city of St Louis

John K Walker
by J Brotherton

july term 1831

for plantiff

John Gillis forthwith

County Of St. Louis , Sct.The State Of Missouri ,To The Sheriff Of St. Louis County- Greeting.

You are hereby commanded to summon Lewis Oldenburg
that setting aside all manner of excuse and delay, he be and appear in proper person before the
Judge of our Circuit Court , on the forthwith at the City of
St. Louis then and there to testify and the truth to say in a certain matter of controversy now
pending in our said Court, wherein William Henry is plantiff
and David G Bates is defendant on the
part of the plaintiff; and have you then there this writ.

Witness, Archibald Gamble , Clerk of our said Circuit
Court , at the city of St. Louis , this 6th day
of August in the year of our Lord one thousand eight
hundred and thirty one A Gamble Clerk C.C.

for
Lewis Oldenburg
8th august for
plaintiff

Executed this writ on Lewis Oldenburg in the
city of St. Louis the 9th day of August
1831 by Reading it to him

John K Walker Shff
by John Brotherton

County of St. Louis , Sct.The State Of Missouri ,To The Sheriff Of St. Louis County
Greeting.

We command you to attach Joseph A . Wherry
by his body, and him safely keep, so that you have his
body before the Judge of our Circuit Court , now in session at the City of St. Louis , within and for
the county of St. Louis , forthwith then and there to testify and the truth to say in a certain matter of controversy, now pending in our
said Circuit Court , between William Henry is plaintiff, and David G. Bates is defendant, wherein the said Joseph A . Wherry
has heretofore been summoned, on the part of of the said plaintiff

Witness, Archibald Gamble , Clerk of our said Court, at the
city of St. Louis , this seventh day of August 1831 Archibald Gamble clerk

Executed and have the body of
J. A. Wherry in court on the
10th August 1831

John K . Walker Shffserved

July term 1831

Attached for Jo. A . Wherry

Wherry to
pay cost

County Of St. Louis , Sct.State of Missouri ,To the Sheriff of saint louis County ----Greeting.

You are hereby commanded to summon Charles D . St.Vrain for the Plantiff
that setting aside all manner of excuse and delay, he be and appear in proper person before the Judge
of our Circuit Court , on the10th day of August at 9o clock at the City of St. Louis , then
and there to testify and the truth to say in a certain matter of controversy now pending in our said Court,
wherein William is plaintiff, and
David G Bates is defendant, on the part of the
plaintiff; and have you then this writ.

Witness, Archibald Gamble , Clerk of our said Circuit Court ,
at the City of St. Louis , this 9th day of August in
the year of our Lord one thousand eight hundred and thirty-one Archibald gamble Clerk, C.C.

Chls St. Vrain not found

121/2

If the jury believe from the evidence that the plaintiff
was carried to galena and held in Slavery there by a there permanently as his property with the of nothing that place the
their the plantiff is to be
free from such person and all claming
he him:

If the jury believe from the evidence that the plaintiff was born in the former north west territory the year 1787 and that he has him
held in Slavery several years in the state or late
Territory of Illinois there they are bound to find the
plaintiff free all persons so holding him in
Slavery or claiming under there

No 30 July Term 1830

Peter Ferguson

Ferguson

That if it appear by the evidence to the satisfaction
of the Jury that the plaintiff first
in Illinois in the of a resident of
that county, held as a slave till1825. Then have been transferred from hand to hand as a
slave at the of this
writ held as a slave by the defendant.
The plaintiff the be a slave

The jury in the above case find
the defendant guilty

foreman