To the Honorable William C. Carr Judge of
the Third Judicial Circuit

The petition of Joe a black man, held as a slave
represents that for about eleven years last past he has
been held as a slave by one Coleman Duncan &
James Duncan : that said Coleman Duncan held him & claimed him as a slave till about three years
ago, when with said Coleman’s consent he was
taken from Kentucky to Galena in Illinois where
he was held as a slave & has been held as a slave till
this present time: that for about a year last past
he was so held as a slave at Galena aforesaid by
James Duncan who then claimed your petitioner as
his slave that your petitioner brought suit against
said James Duncan for his freedom, which suit
proved unavailing as your petitioner is informed chiefly
for the reason, that said Coleman , was proved
to be the real owner, or the person against whom
the suit should have been brought ;your petitioner
States, furthermore, that for
some six or seven years in succession your petitioner
was hired out in the State of Illinois at the salt
works, where he said to work during the fall of each
of those years some times or three months at a time
that this last mentioned work was within eleven years
last past. Wherefore your petitioner insists that he
is free & that he is entitled to sue as a pauper for the
attainment of the judgement of the court to that effect,
and prays that he may he permitted so to sue and that
counsel may be assigned him .

Joe his X mark

State of Missouri
County of St. Louis ss.

Joe being duly sworn on his
oath with that the statements in above mentioned
petition contained are true

See arm to & for his X mark

Third Judicial Circuit
St. Louis County ss. at chambers June 8th 1830

It is herely ordered that Joe the person in
above petition named he permitted to sue as a poor
person to establish his freedom and that Josiah
Spalding be assigned as his counsel and it is
further ordered that said petitioner have reasonable
liberty to attend his counsel and the Court when occasion may require; and that said petitioner shall
not be taken or removed out of the jurisdiction of
the court nor he subject to any severity because of
his application for freedom.

Will C. Carr
Judge 3 Circuit

State of Missouri
County of St.Louis ss.

Joe being duly summon his oath saith
that he has no doubt that said Coleman Duncan or
James Duncan or both of them will as soon as opportunity
permits, seize him carry him out of the state of Missouri that they have both of them
told this deponent that they meant to carry
him to Alabama and sell him; and that they will
accomplish this object in spite of the order of the judge
or court is deponents belief that neither said
James nor Coleman is a citizen of
the State of Missouri : That this deponent sued for

St. Louis Circuit Court for July term 1830

County of St. Louis Joe a blackman permitted
to sue for freedom, by his attorney assigned by
the court complains of Coleman Duncan and James
Duncan of a plea of trespass. For that the said Coleman Duncan
and James Duncan on the first day of May in the year
of our Lord one thousand eight hundred and twenty eight
to wit at St. Louis county aforesaid with force and arms
made an assault upon the said Joe and then and there beat, bruised and ill-treated him said Joe and then and thereimprisoned
him the said Joe and kept & detained him in prison
there without any reasonable or probable cause whatsoever
for a long space of time to wit from thence hitherto contary
to the laws of this state and against the will of
said Joe and said plaintiff aver that before and at the
time of the committing said grievances he was and still is
a free person and that said defendants held and detained him and still hold and detain him in slavery
and said plantiff saith that said defendants committed the
wrongs aforesaid and other wrongs then other did to the
said plantiff againsts the peace of the state and to the
damage of said plantiff of five hundred dollars &
therefore he brings his suit

J Spalding Atty for Joe

State of Missouri
St. Louis County at chambers June 8th 1830.

It is hereby orderd that Joe the person in above petition
named be permitted to sue as a poor person to establish his freedom and
that Josiah Spalding be assigned as his counsel and it is further
ordered that said petitioner have reasonable liberty to attend his counsel and the court when occasion may require and that said petitioner shall not be taken or removed out of the jurisdiction of the court nor be subject to any severity because of his application for freedom

Will C. Carr 3. Circuit

County of St Louis
The state of Missouri To the Sheriff of St. Louis County
greeting

We command you to summon Coleman Duncan and
James Duncan that they be and appear before the judge of
our Circuit Court at the next term there of 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 to
Joe a free Negro boy held in slavery of a plea of Trespass
to the Damage of said plantiff of five hundred dollars and
have you then there this writ

Witness Archibald Gamble Clerk of our
said court at this ninth day of
June in the year 1830 Archibald Gamble Clerk

No. 47 July Term
St. Louis Circuit Court

Joe a black man suing
for freedom
and
and

Trespass &

imprisonment $500 Issue Summons

filedJ Spalding June 1830 A Gamble Clk

Excuted this writ on James Duncan in the city of St. Louis 9th
June 1830 by reading to him the order of the judge he refused to
hear the petition and summary and Declaration read and acknowledging the
service Coleman Duncan not found

R Simpson ShrffService 1.00
50

freedom at Galena in Illinois for freedom which
suit was not tried on the merits, but was defeated
on the ground that the wrong person was sued
& that there said James & Coleman made all
search for this deponment in order to carry him
off that they did at that time seize and carry
away several other slaves similarly situated,
but were not able to find deponent.

Sworn to and subscribed before
me this 19th June 1830 To X his mark

State of Missouri

Joe a black man
vs
and

petition

impleaded
with vs. Joe a black man

And the said James Duncan , who is impleaded with
Coloman Duncan , and by E Bates his attorney causes & defends
the force injury where fore and says that he is not
guilty of the wrongs & trespasses above said to his charge,
in manner and form as the said Joe has above thereof complained against him, and of this
he puts himself upon the County

E Bates Atty

And for a further plea in this behalf the
said James Duncan says that the said Joe
ought not to have & maintain his action aforesaid against
him the said James , because he says that the said Joe
at the time of the committing of the said supposed trespasses was
and still is a slave without this that the said
Joe was at the said time a free person as he has
above in his declaration alleged and of this he
the james puts himself upon the County

filedJuly 28th 1830 E Bates AttyA. G. Clerk

No 47
July Term 1830

vs
Joe a black man

Pleas
1.Not Guilty
2.Plaintiff a slave

filed july 28th 1830 A Gamble Clerk

Death of plaintiff suggested and sent about
Book to page-144

Defendent costs
charges in page 138 of book