To the Honourable William C Carr Judge of the Circuit
Courts of the third Judicial Circuits & State of Missouri

The Petition of Vincent a then Vincent Duncan
represents to your Honor that he is entitled to his freedom
but he is claimed as a slave & held in slavery by James Duncan John
Duncan &Coleman Duncan . Your petitioner Supposed
untill lately that he was claimed as a slave solely
by John Duncan . but said James & Coleman have
both lately claimed your Petitioner as a slave
& demands pay for his hire & in demand to hire himas
a slave. Your Petitioner further says that said
James Duncan has lately informed your Petitioner
that he said James claimed your Petitioner as a
slave Your Petitioner it is the intention of said
James Duncan to take your Petitioner to New Orleans & there
sell him as a slave Your Petitioner states that formerly
he was the slave of Jesse Duncan deceased take of the
State of Kentucky & that same time in 1815 or 1816 while he was the slave of said Jesse . he said Jesse took
your petitioner into the state of Illinois & hired him out
there to Labor. that your petitioner continued to Labor
there at the instance & for the Counties of said Jesse untill
his death which took place some time about the year
1818 or 1819 your Petitioner further saith that after the
death of said Jesse he continued to Labor in the state
of Illinois untill late in December 1825 & that he Labored
there at the instance & for the bounties of the heirs of
said Jesse your Petitioner further saith that in 1826
he was brought into this state & hired out by said
James Duncan since then he has Labored in Missouri
& that John DuncanColeman Duncan & James-
Duncan have receivd his wages & all aparised a
can your Petitioner. Your Petitioner prays that
he may be presented to institute suit as a poor person
to establish his freedom that counsel may be assigned
to him & that such order may be made for his security
as the Law & his case requires.

by
Vincent his X mark Duncan

State of Missouri
St. Louis Country Ss

This fifth day of November 1829 came before Me the Petitioner &
Made oath that the facts in the forgoing Petition
stated are according to the best of his knowledge & belief

true Sworn & Subscribed
to before MeNovember 5th
1829Gt Bird Justice of the Peace
Vincent his X mark Duncan

State of Missouri
St. Louis Country Ss

I William C Carr Judge of the Circuit
Courts for the third Judicial Circuits of the
the State of Missouri do order that the foregoing Petitioner
Vincent Duncan be permitted to sue as a poor person to
establish his freedom and I do assign Gustavus A Bird
as his Counsel to institute & prosecutedhis suit
and I do Moreover order that said Vincentt have reasonable
Liberty to attend his counsel & the Courts when occasion
may require and that the said Vincent shall not be taken
or removed out of the Jurisdiction of the Courts nor be
subject to any security because of his application for
freedom at my chambers Nov. 6. 1829.

Will ; C Carr

The State of Missouri to the sheriff of St Louis County
Greeting

Whereas Vincent Duncan has this day presented to me
his petition for & has been permitted to sue to
establish his freedom & whereas the said Vincent has
stated on oaht that he it is the intention
of James Duncan to take him to New Orleans & sell
him there as a slave you are therefore commanded
to take the body of said Vincent & bring him before
me at
that such order may be made in his behalf as
the law requires; and do you summon James
Duncan to be & appear before me at this time

Greeting

State of Missouri
St.Louis County. Ss.Circuits Courts third Judicial
CourtsNovember term 1829

Vincent other cause Vincent Duncan
complains of James Duncan for thats the
said James heretofor to suits on the thetenth
day of March 1826at St Louis with force & arms
made an assault upon him said Vincent & then
& there beat bruised & chained the said Vincent
& then & there informed him the said Vincent
in prison there and without any reasonable or
probable cause for a Long space of
time to courts from the saidtenth day of March
1826 untill this tenth day of during jury
day between during the high time of
said James has force & arms beat bruised
chained & ill treated said Vincent contrary to
the Laws & customs of the State of Missouri & against the will of said Vincent
And the said Vincent ours that before and at the time of the committing of the said
grievance he was & stillis a free person
and the said James Duncan hold & detained and
still detains & holds the said James in slavery
to the Damage of the said Vincent five
hundred dollars therefore he sues &c

Gt Bird Attorney &
Counsel for Plaintiff

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

We Command you to summon James 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 Saint Louis within and for the Country of Saint Louis on
the fourth Monday of November instant then and there to answer
into Vincent otherwise Vincent Duncan of a plea of trespass
assault and battery and false inprisonment to the damage of
the said Vincent of Five Hundred dollars and have you then there
this writ

Witness Archibald Gamble Clerk of our said
Court at office this 6th day of November One
thousand Eight Hundred and twenty nine Archibald Gamble Clerk
copy of this order.

State of Missouri .
St.Louis County.ss.

I William C Carr Judge of the Circuit Court for the third Juidicial Circuit of the
State of Missouri do order that the foregoing petitioner Vincent Duncan be permitted to sue as a poor person
to establish his freedom and I do assign Gustavus A Bird as his counsel to institute and prosecute
his suit and I do moveover order that said Vincent have reasonable liberty to attend his counsel
and the Courts when occasion may require and that the said Vincent 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- at any chambers Nov 6th 1829

Will C Carr
A true copy of the order
Gamble Clerk

No 110
St Louis Circuit Court
November Term 1829

This is an action of
trespass assault & battery
& false imprisonment
Damages $500 the clerk
will please issue a
summons to

G A Bird Plff
atty Filed 6th November 1829
Archibald Gamble Clerk

Executed this writ on James Duncan in the city of St Louis November 6 1829 by
to him the Declaration & summons and order of the Judge

R Simpson Sheriff
By D E Guylor Dshff Sum $1.00

St Louis Circuit Court
November term 1829.

And the said James Duncan by E Baty
his attorney cause & defends the force & injury
when he and says that he is not guilty of the supposed
wrongs & grievances above laid to his charge, insurance & form as the said plaintiff has above in complaining
alleged against him, and of then he puts himself
upon the county &c
& Plaintiff doth the like La E A Bradly for plff

E Baty

And for a further plea in this behalf the
said James Duncan says that the said Vincent
ought to be named upon himself Duncan
by action aforesaid against him the said James ,
because he says that the said Vincent , at the time of
the commencement of his action aforesaid was & still
is a slave, without this that the said Vincent
of the said time was a free person, as in his
declaration is above supposed and of this he puts
himself upon the County &c

filed Nov 26th 1829 E. Baty
A Gamble Clk
Plaintiff both the taken toEA Bird Plffs atty

No 110
Nov Term 1829

plea

1. Not Guilty
2 plff: a clamed

filed Nov 26th 1829 A Gamble Clk
Appeal granted ways 1830

Judgement for defendant Book 6 page 52July 1820

A Gamble Clerk And Aug. 31

James James James 270

Verdicto Judge for plff-7-183 181

386
4105 411Book 55 4156 52.6 53.6 50.6 69.6 80.6 220.6 270.6 302.6 308.

State of Missouri ,County Of St. Louis , Sct.To any Judge or Justice of the Peace of The State of Kentucky
....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 James Duncan or Vincent
otherwise Vincent Duncan their
attorney or agent, and him, her or them examine upon his, her or their corporal oath (to be by you administered) 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 Vincent a man of Color is plaintiff and James
Duncan is defendant on the part of the said Defendant and having reduced the said depositions
so taken by you as aforesaid into writing, you are required to send the same, together with this commission 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 twenty fifth day of November in the year of our Lord,
one thousand eight hundred and twenty nine Archibald Gamble Clerk, C.C.

State of Missouri
County of St. Louis . Ss. Circuit Court
November Term 1829

On motion of the Attorney of
the said Defandant it so ruled that a Dedimus issue
to any Judge or Justice of the peace of the State
of Kentucky to take the dipositions of Witnesses
to be read on the trial of this cause on the part
of the said defendant
A true Copy of the order

Leste
Archibald Gamble Clerk.

The deposition of above Alexander Miller
Coleman Duncan Bunyan Pritchett and
John Duncan taken at the house of John
Laffoun Esqr in the County of Hopkins and State of
Kentucky On the 3rd day of January 1830 to be
Read as Evidence On the trial of a suit at law Depending in the Circuit Court of St. Louis County
In the State of Missouri wherein Vincent alias
In Plaintiff and Yarmes Duncan is Defendent
for assault and Ballery and false imprisonment
Abner west Being of Lawfull age and first
Duly sworn deposeth and Says

By Defendant Term
do or do you not Know that Vincent the
Reported Plaintiff is and was a Slave one
of the number Belonging to the estate of Jesse Duncan Deceased the father of the
Deft James Duncan

Answer I do-

By Same do or do you not know that he
was hired at the Saline Salt works in
Illinois

Answer I understood it so by the Boys
Question By Same deorded not Vincent after
he was some time at the Saline Become disobedient and Refuse to Return to the
Service of his master James Duncan

Answer yes he did

By Same To or is not James Duncan the deft
the Son of the deceased Jesse Duncan
Answer. I Believe it

Question By Same do or do you not know
that I Ever Rec. one year have from any
one in the Saline Lick for the sources of
said Vincent

Answer I do not

Question By same do or do you not know
that I need frequently to Get said Vincent
a way from the Saline lick and could not

Answer I do know it for I was with him
Aurther this deponent Sayeth not

Abner his X mark West

Also the Depositioin of Alexander Miller
taken at the Same have and plan Being
of lawfull age and first Duly Sworn
Deposeth and Sayeth

Question By Deft do or do you not know that
Vincent the Refuted Plaintiff is and was a slave
one of the number Belonging to the Estate
of Jesse Duncan deceased father of the Deft

Answer I do

page 2

Question By Same is or is not James Duncan
the Deft Son of the Deceased Jesse Duncan
Ansr he is

Question By Same do or do you knotknow whether
J. Dun any thing for the hire of said
Vincent or not Answer. I do not

Question By Same do or do you not know
that I have frequently tried Get said
Vincent from the lick and could not

Answer I have Generaly under stood so

Question By Same Have or have you not
frequently while said Vincent was at thehired
at the lick that he Run about there &
done as he pleased| Answer I have
further this Deponent Sayeth not Alex Miller Mike

Also the deposition of Benjamin Pretchett they
Deponent Being of lawfull age and first
Duty Sworn

Question By Deft did or did you knot
have a conversation with Vincent
the Reported Plaintiff
In this Case and did he not tell you not conversation
that he had Ruled
=arn and on Business within himself
previous to the year 1825 Bunyan Pritchett

Ansr. he did and further this deponent Sayeth not.
Page 4th
1830 not the 3rd February and Commenced at 2 oclo
ck and adjourned untill tomorrow
not Agreeable to adjournment February 4th
and and commenced 1/2 after 12 on said 4th
day of febr. 1830, the deposition of John
Duncan who Being of lawfull age
and first Duly Sworn deposeth and say

Question By Deft

do or do you not know
that Vincent the Reported plantiffs is
And was a slave one of the number
Belonging to the estate of Jesse Duncan
Decd. the father of the Deft James Duncan

Ansr. he was

Question by Same do or do you not know
that he was hired at the Saline Salt works
in Illinois and Run about there and
done as he pleased and that the defendant
James Duncan one year here
for him during his stay there nor no
other person for him

Ansr. I do

Question By Same did or did not Vincent
after he was Some time at the Saline
Became disobedient and and Refused to Return
to the sources of his master James Duncan

Ansr. he did

Page 5th

Question By Same

Is or is not James Duncan the Deft the
son of the Deceased Jesse Duncan

Ansr. he is

Question By Same, did or did you not
Bring Vincent the Plantiff from the Saline
lick in 1825

Answer. I did

Question By Same did or did you not
put Sd. Vincent in the possession of James
Duncan in February 1826 to Sell here or
Dispose of as the Deft James Duncan
thought proper

Ansr. I did

Question By Same did or Did you not hear
Vincent the Plaintiff in this Case Say that
James Duncan the Deft and Harry K laus
Caught him in the Satine Boundry to Bring
him home But he persuaded with them
to let him stay a few days untill he
could Collect his money and he would
come home and did he not fail in so
doing. AnswerI did
hear him Say so and that he did fact
to come home
John Duncan

further this deponent sayeth not
page 6th
the Deposition of Coleman Duncan taken in
the Same Case the Deposition of Deponent
Being of lawfull age and first Duly Sworn

Question By Deft

do you or do you not know that
Vincent the Reported Plaintiff is and was a slave and one
of the number Belonging to the Estate of Jesse
Duncan deceased the father of the Defindant

Answer, he was

Question By Same, do you or as you knot
know that he was hired at the Saline Salt works
In Illinois

Answer, he was,

Question By Same, did or did not Vincent
after he was some time at the Saline become
disobedient and Refuse to Return to the service
of his master James Duncan

Answer I knew the negro was there and
they could not get him away

Question By Same

Is or is not James Duncan the Deft
the son of the Deceased Jesse Duncan

Answer, he is.

Question By Same. did or did not you
know that John Duncan Brought Vincent
the plaintiff from the Saline lick in 1825

Answer. he did

Page 7th

Question By Same
did or did you not know that John
Duncan put Vincent the plantiff into
the possession of James Duncan in 1826to hire or
to Despose of as he thought propper
Coleman Duncan

Answer he did

further this deponentsayeth not
the foregoing deposition of Abner West
Alexander Miller Coleman Duncan
Benjamin Pretchett and John Duncan
was this day and yesterday Laker subscribed
and Sworn to by the Deponents Before the
under assigned a Justice of the Peace for
said County at the time and place
And for the purpose Stated in the
and within the Hours Stated in the notice hereunto commenced
Given under my hand this
4th Febr. 1830

John B Laffoon J P. H C. Ky.

Kentucky
Hopkins County}SB

I Samuel Woodson clerk to the Court for the County of
Hopkins aforesaid do hereby certify that John B . Laffoon esq.
before whom the foregoing depostions appear to have been taken
and whose name is subscribed to the foregoing certificate
is and was at the time of taking said depositions an
acting Justice of the peace in &for said County and that
fullfaith and credit are due and ought to be given to
all his acts when acting in his official character as
in Courts of Justices as therewith

In Testimony whereof I have hereunto
subscribed my name and affixed the
seal of said County the 19th day of
Febuary 1820 in the 28th year of the
Commonwealth
Sam. Woodson

No 110
November Term 1829

opened and filed
March 29th 1830

A Gamble Clk
G Baty atty paid
$1.12 cts postage
Abner West Alexander Miller Coleman Duncan Ben Pritchett John Duncan for Defds
Sam. Woodson

Action of assault & battery & false
imprisonemnt (for freedom)

The above named Vincent & G. A. Bird esquire his at
=torney will take notice that on the twenty fifth day of December
next, between the hours of nine oclock in the morning & five
in the afternoon of that day, & on the three succeeding days, be
=tween the same hours- at the Saline Tavern, in the County
of Gallatin & State of Illinois - and also on the twentieth
day of December next, between the hours of nine in the
morning & five in the afternoon, and on the three
succeeding days, between the same hours, at the house
of John Laffoon esqr, in the County of Hopkins &
State of Kentucky , Depositions of witnesses will be
taken, in pursuance of rule & writs of dedimus
potestatem, made & issued by the Circuit Court
of St Louis County, to be read in evidence on the trial
of the above named cause, on the part of the Defend
ant.

St Louis Nov. 26. 1829. James Duncan
by E Bates his atty.
a copy underAug A Bird, pltffs atty
G. Bates

Notice to take Depositions
on the part of the Deft. 26. Nov: 1829

County Of St. Louis , Sct. State of Missouri ,To any Judge or Justice of the Peace of the State of Illinois
....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 James Duncan or Vincent otherwise
Vincent Duncan their attorney or agent, and him, her or them examine upon his, her or their corpal oath (to be by you administered) 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 Vincent alias Vincent Duncan is plaintiff and James
Duncan is defendant on the part of the said Defendant and having reduced the said depositions
so taken by you as aforesaid into writing, you are required to send the same, together with this commission 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 twenty fifth day of November in the year of our Lord,
one thousand eight hundred and twenty nine Archibald Gamble Clerk, C.C.

State of Missouri
County of S Louis
Ss
Circuit Court
November Term 1829

On motion of the Attorney of
the said defendant it is ruled that a Dedimus
issue to any Judge or Justice of the Peace of the
State of Illinois to take the depositions of witnesses
to be read on the trial of this cause on the part
of the said Defendant

A true Copy of the order
Leste
Archibald Gamble Clerk

State of Illinois
Gallatin County Sct.

In Obedience to a dedimus
potes
tatum from the Circuit Court for the County of St Louis State
of Missouri , and in conformity to a notice herewith inclosed I
Leonard White one of the Justices of the peace in and for the
County of Gallatin aforesaid Proceeded to cause to come before
me certain witnesses at the Saline Tavern in said County and
took the following depositions to be read in evidence in a
suit now pending and in determined in the County of St Louis
and State of Missouri wherein Vincent otherwise Vincent
Duncan is plaintiff and James Duncan is defendant, to wit
Lee Hanjnour who being of Lawfull age and first duly
sworn upon the Holy Evangelist deposeth and saith as
follows. That in the year 1823 he hired Vincent a man of colour
to Labour for him at the Saline , he Vincent informed the depon
ant that he had hired his time of his master, ( Duncan )
and engaged to work six months, after working part of the
time he left deponants service, and shortly after his Master
Duncan came to Saline with the intention of taking Vincent
home, but deponant agreed to go security to Duncan for the
hire that Vincent was to pay his master, as for as the ways
of the six months would go, upon that Duncan agreed to let him
stay & Vincent agreed to work out the ballance of the time,
shortly after the expiration of the six months, Duncan return
ed again and directed him Vincent to go home to Kentucky .
But he Vincent from one pretence or other failed to go, and
as much as two or three times his master was after him to take
him home, and wrote to deponant requesting him to hire some person
to take him if he would not go of his own accord, and he Vincent
would make fair promises that he would go and afterwards
evade them and shirk about, and upon the whole was a trifling
fellow, and further this deponant saith not

Lee Hen esquire Sworn to and subscribed
before me a justice of the
peace as aforeasid at Saline
Tavern this 25th day of December 1829
Leon White J P

adjourneduntill tomorrow morning Eleven
Oclock, The deposition of Willis Hanjnour
taken as above in the same case deponant being
of Lawfull age and first duly sworn deposeth
and saith he knew Vincent a negroman belonging
to Duncan of Kentucky ,, he was at Saline for several
years and appeared to do pretty much as he pleased at one time Duncan got deponent to assist him to take
Vincent for the purpose of taking him home
and we tyed him but whether he did at that time
force him off or not I he does not recollect, but
Vincent begged very much to stay a little lon
ger as he said to settle his business and that
he would have went home as soon as that
was done at any rate and from the conver
sation of Vincent & his Master it appeared
that there had been a good deal of deception
on the part of Vincent or this subject and
that Duncan had got quite out of patience
with his false pretences, & further this de
ponant saith not

Willis, F. Caigian Sworn to and subscribed
before me at Saline Tavern
on the 26th Dec 1829Leo. White J.P.

The Deposition of Daniel Wood taken as afore
said to be read as evidance in the same case
The Deponant Wood being of Lawfull age and first
duly sworn deposeth and saith, That he well knew
a negro man by the name of Vincent who I understood
belong to Duncan of Kentucky he Vincent worked as a hireling
for Frank hunger at this place Saline Salt works for some
time and at a number of other places during my knowledge
of him; I understood that he belong to Duncan from both
parties so much so that there was no question of it
Duncan received his wages and I have heard Duncan di
rect him to go home and I once knew of Vincent Trading
for a horse to go home on, Duncan would come to this place
with his waggon for Salt on account of his hire and fre
quently when he would come he would have to wait on
Vincent several weeks before he could get a waggon load
and in short he done pretty much as he pleased but al
ways acknowledged he belonged to Duncan & further
this deponant saith not

Sworn to and Subscribed
Justices fee $ 1.87cts
Leo. White J. P
Sworn to and Subscribed
before me Leo White J. P

County Of St. Louis , Sct. State of Missouri ,To Any Judge Or Justice Of The Peace Of the State of Illinois
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 Vincent or by James Duncan their
attorney or agent, and him, her or them examine upon his, her or their corporal oath, (to be by you administered,) touch-
ing 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 Vincent (a man of color) is plaintiff and James Duncan
is defendant, on the part of said plaintiff, and having reduced
depostion so taken by you as aforesaid, into writing, you are required to send the same, together with this commission,
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 Tenth day of February in the
year of our Lord one thousand eight hundred and twentythirty Archibald Gamble Clerk, C.C.

In Vacation February 10th 1830
Clerks office of the St Louis Circuit Court

On application of the attorney for the plaintiff it is Ruled that
a Dedimus issue to any Judge or Justice of the peace of the State of
Illinois to take the depositions of Witnesses to be read on the Trail of the
above cause on the part of the plaintiff

Archibald Gamble Clerk

Copy of the notice to take Depositions served on Defts atty
by this of St Louis CountyFebruary 28thMarch to the 1830

In the Circuit Court of St Louis
County & State of Missouri action
of assault & Battery & Suit for Freedom

To the above named Defendants & his attorney Eduard
Bates Esquire

Take notice that pursuant to a rule &
a dedimus to take depositions of witnesses duly issued in
this cause I shall on the With in the 12th & 13th15th 16th 17th & 18th days of
of Marchwitness instant between the hours of 9 Oclock in the fore
noon & 6 Oclock in the afternoon of each of said days
at the office of William J Gatewood Esquire in the town
of Equality County of Gallatin & State of Illinois
province to take the Depositions of Witnesses to be read in
evidence in this cause St Louis February 25thMarch 4th 1830

G A Bird atty for Plaintiff

In the Circuit Court of St Louis
County & State of Missouri action of
assaults & Battery & suits for Freedom

To the above named Defendants & his attorney Edward Bates Esquire

Taken notice that pursuants to a rule & a Dedimus to take Depositions
duly issued in this cause I shall on the 15th 16th 17th & 18th days
of March instants between the hours 9. O clock in the fore
--noon & 6 Oclock in the afternoon of each of said days
at the office of William J Gatewood Esquire in the town of
Equality County of Gallatin & State of Illinois proceed to
take the Depositions of Witnesses to be read in evidence
in this cause St Louis March 4th 1830

G A Bird atty for Plaintiff
1830. Mar: 4. W. Bird has this day
served me with a copy of the above
E. Baty

Notice Served on Defts
atty March 4th 1830

Depositions

Leo White

Equality Ill
Jany 30th

Daniel Wood
Lee Hargrave
Willis Hargrave
for deft

56 1/4Clerk of the Circuit Court
St Louis County St. Louis

Missouri
Opened & filed April 1st 1830.

A Gamble Clk

State of Illinois
Gallatin CountySct

I James Caldwell clerk of
the County Commissions Court in and for said County
of Gallatin do Certify that Leonard White whose
name is signed to the foregoing depositions is and was
at the time of taking said Depositions an acting Jus
tice of the peace in and for said County and that
full faith and credit is done to his official acts when
given as such In testimony whereof I have hereunto

Set my hand and the official seal
of said Court at Equality this 30th
day of January AD 1830 James Caldwell clk

The Depositions of witnesses produced sworn and Examined
on the fifteenth and sixteenth day of March
in the year of our Lord eighteen hundred and thirty be
tween the hours of nine Oclock in the forenoon and
six Oclock in the afternoon of each of said days
at the office of William J Gatewood in the Town of
Equality County of Gallatin & State of Illinois
before me Leonard White a Justice of the peace
within and for said County to be read as evidence in
a certain cause depending in the Circuit Court of the
County of St Louis in the State of Missouri between
Vincent a man of Colour plaintiff & James Duncan
defendant. On the part of the plaintiff pursuant to notice Gen. Willis
Hargrave

of Lawful age being produced examined
and sworn on the part of the plff deposes and says
(in substances as follows)

Question by Plffs atto.
Hour Did you know the plff
Vincent who has sued for his freedom. Answr. I do

Question by Same describe him can you describe him

Answr. yes he is a large Black fellow with
thick lips I think about five foot nine or
ten inches high, I think he had brothers (names not
recollected.

Question by Same To whom did he belong and by whose authority
was he hired at the Saline Salt Works when you
Knew him.

Answer. he belong I think to John or James Duncan
as they were both in the habit of coming
to this place, but knows nothing further on
that subject than hear say.

Question by Same

Do you or not know how long he was
hired and remained at any one time in or
at the Saline Salt works by Duncan In the State of Illinois

Answer I do not. he was here there on for several years
at different times, but how long at any one
time I cannot say, the General rule of
hiring hands at this place was for six
months at a time he has been here as
above off and on from 1817 to 1825andbut do not recollect of seeing him here since.

Question by Same Doyou were you or were not a resident
of at the Saline works at that time and do you or not
know that sd. Duncan Vincent was ever removed from sd. works
until his final by removal by sd. Duncan

Answer I was a resident a principal part of the
time and they frequently went home
but how often I dont know is and cant
say how long at any one time he remained
hire. and further the deponent saith
not

Willis Hangraven Sworn and subscribed to before me at the
place & between the hours first aforesaid this
15th day of March 1830Leo White J P

Marmaduke S Enomingen of lawfull age
being produced andexamined and sworn on the
part of the plaintiff diposes and says
that he knew Vincent a negro man who by com
mon report belong to Duncan of Kentucky Vincent
is a Stout Black fellow with thick lips a scar
over one of his Eyes.I have known him from
1821 to 1825inclusive.I never knew of his being
in Kentucky altho he has been absent from
here several weeks at a time, and further this deponant saith not

M.S Enmingen Sworn and subscribed to before me at the place
& between the hours first aforesaid this 15th March
1830Leo White J P

Leo Hargrave of Lawfull age being produced sworn
and examined on the part of the plaintiff says
that he knew Vincent a negro man who by
common report belong to John Duncan of
Kentucky he Vincent is a Stout almost Black fellow
with thick lips I have known him from 1821 to
1825inclusive I believe he left here in 1825 and
I think during that time he went to Kentucky
once but am not certain of that, and further
this deponent saith not

Lee Hargrave

Opened filed 30 March
1830

1830. A Gamble ClkTerritory
Willis Hargrave
M S. Enomingen
for plff

Sworn & subscribed to before me at the place & between
the hours first aforesaid this 15th day of March 1830

Leo White JPadjourned untill tomorrow

Tuesday 16th March 1830.

Timothy Guard of law full age being produced
sworn and Examined on the part of the plaintiff
sayeth, he knows nothing about the the man
Vincent that he has been in the habit for
many years past of hiring a number of hands
both white and black, but has no recollection
of this man Vincent & further this depo
nent saith not

Timothy GuardSworn & subscribed to before me at the place and
between the hours first aforesaid this 16th day of March
1830Leod. White J.P.

I Leonard White a Justice of the Peace whithin and for
the County of Gallatin & State of Illinois Do hereby certify
that Willis Hargrave MarmaduckS Enomingen
Lee Hargrave & Timothy Guard the deponents
were by me severally sworn to testify the whole truth
of their knowleoge touching the matter in controversy
aforesaid,that they were examined & their examination
reduced to writing and by them respectively subscribed in
my presence on the days between the hours and at the
place in that behalf first aforesaid

Leo White J P

State of Illinois
Gallatin County
Ss

I James Caldwell clerk of the county
Commisioners court in and for
the county and State aforesaid do hereby certify that
the above named Leonard White is and was an
acting Justice of the peace at the signing of the
above instrument of writing and that rule foth
and credit is and ought to be
placed in all his official acts
in witness whereof I have hereunto Sct
my hand and affixed the official seal
at Equality this 19th March 1830

James Caldwell clkCCCJC

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

You are hereby commanded to summon Coleman Duncan
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 fourth 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 Vincent a man of color is plaintiff,
and James Duncan 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 25th day
of Janr in the year of our Lord one thousand
eight hundred and thirty Archibald Gamble Clerk C.C.

Coleman Duncan not found in my
County

R. Simpson Shff
by Brotherton D Shff
1 N E 12 1/2 cts

July Term 1830

for plaintiff

Coleman Duncan
on 4th August

County of St Louis Ss.

James Duncan personally appears before
me Lee White Justice of the peace within and for the county of St
Louis who being duly sworn on his word saith that Joe and
Ralph black person the slaves of Coleman Duncan are runaway
I have and know futher about the County of St Louis and
that he verily believes that the said Negroesare now hid
within said County and at the house of Gustavus A
Bird in the city of St Louis we further saith not

Sworn to & subscribed this 9th
day of June before J.C.Graner J P James Duncan

The State of Missouri To the Sheriff of the county of St Louis
Greeting

Whereas James Duncan hath this day made oath
before the Justice of the peace within and for the
County aforesaid that the said Ralph his coloured man (negroe
the slave of Coleman Duncan are runaway and are hid
within said county at the house of Gustavus A Bird , these
are therefore to command you that taken with you the
Power of the county of the same as he shall
think fit and and apprehend them him the said
runaway slave Joe & Ralph and them the said slaves
to commit to the common Jail of the County aforesaid
to be dealt with according to law-

Given under my hand this 9th day of June, 1830J J C Parmer JP

Warrant of apprehension

Filed August 3rd
1831 A Gamble
Clk

Joe & Ralph Surrendered themselves to me and are now
in Jail-They claim to be free men_ have sued for
their freedom and have been ordered to be hired out
untill the termination of the suit by the Hon Judge
Carr .

St.Louis June 19,1830 R Simpson Shff

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

You are hereby commanded to summon Joseph Niswander
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 4th 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 Circuit Court , wherein Vincent a man of Color plaintiff,
and James Duncan is defendant, on the
part of the plff; and have you then there this writ.

Witness, Archibald Gamble , Clerk of our said Circuit
Court , at the city of St.Louis , this 29th day
of July in the year of our Lord one thousand
eight hundred and thirty Archibald Gamble Clerk C.C.

Joseph Niswander
4th Aug.
for Plff

The within Joseph Niswander not
found Augt. 16. 1830

R Simpson Shff.
By WylerDpS
N. E 12 1/2 cts

In the St Louis Circuit Courts
Missouri
Action of assault & Battery & false imprisonmentsTo the above named Defendants

Take notice that
on the thirtieth dayThirty first of Julyinstant at the office Mary
P Le Loua lasten of in the City of St Louis
between the hours of eight & ten O clock in
the forenoon of that day I intend to take
the Depositions of the witness to be read in
evidence on the trial of this cause
July 27th 1830

G A Bird Atty for
Plaintiff

State of Missouri
St Louis County Ss.

Both sworn on the 28th day of July 1830
came before me Mr Gustavus A Bird a Justice of the
Peace in aforesaid county Alpha O Abbay &
on his oath says that this day in said County &
in the city of St Louis be Served the written notice on the within named
Duncan by reading it to him & leaving with him
a copy of the same

Sworn to before me A.O.Abbay
G A Bird J P

In the St Louis Circuit Court , Missouri
Action of assault & Battery & false imprisonment

The deposition of Reason Neighswonger taken before me a Justice of the County
Court in and for the county of St Louis in the State of Missouri , pursuant to the
annexed notice, on the thirty first day of July in the year of our Lord One thousand
eight hundred and thirty between the hours of eight and ten of the clock of the
forenoon of the said day, at my office in the city of St Louis in said county
to be in evidence on the part of the plaintiff, in the above title

Reason Neighswonger, of lawful age, being produced, examined & sworn
on the part of the plaintiff, deposes & says, that he has known the plaintiff who
is here present for nine or ten years certain, that he first knew him at the Saline lick
in the State of Illinois , that he knew him there at the time the convention to form
or constitution for the State of Illinois , that he knew said plaintiff some few days
before that time, but does not know how long, that the plaintiff at that time that
was claimed as the slave of one Duncan in the State of Kentucky , and is hired
to work at the said Saline as this affiant understood from the son of said Duncan
that in a conversation between said affiant and a son of said Duncan
that in a conversation between said affiant and a son of said Duncan , whose name
said affiant does not now recollect, this affiant propose to purchase the plaintiff,
and offered him a Mill valued at five hundred and fifty dollars for said plaintiff,
he agreed to take it, but that in a conversation shortly after had with the said son of
the said Duncan he the said Son Stated that the said plaintiff was to be free at his
father's death, and this affiant further states and says that the said son of the
said Duncan , at the time this conversation took place had Drank pretty freely
and was little intoxicated; Inconsequence of this declaration and information
received from W Robert Frankhouser, that the plaintiff was entitled to his
freedom, this affiant refused to trade for the said plaintiff, that this affiant
says that he knew the said plaintiff at the said Saline for about three or four
consecutive years, that said plaintiff during that period worked at the Saline
aforesaid and that the greatest part of the time with this affiant, who was
assisted by said plaintiff in the laying tubes for conducting Salt water to the furnace,
that to the best of the Knowledge of this affiant, the said plaintiff remained in
the State of Illinois during the time aforesaid to wit three or four years.
Without leasing said State. that said plaintiff laboured for said Frankhouser
for better than a year during which time said deponent was in the employ of
said Frankhouser is a Carpenter , that said plaintiff was also employed by one
Richardson . That said plaintiff together with one Bobb Smith, a black man
rented a Saline and worked it on their own account for about two or three
months that the aforesaid Richardson kept a tavern and that the plaintiff remained in
his employ something like two or three weeks as for as this deponent can recollect.

Question by plaintiff, Is your recollection distinct as to the date & time that you
have spoken of? Answer, No. that the time is so long sinceelapse that
he cannot recollect. Question. by Same, Where is your place of residence
Whom you are at home or where do you now reside? answer, in like County
State of Illinois and about three miles from Naples about one hundred and ten
or fifteen miles from this city of St Louis County aforesaid

Question by the defendant. Did you know the plaintiff at the time the
convention of the State of Illinois to form a constitution sat? Answer I knew
the plaintiff at the time the convention or in about that time, I do not know
Who brought him there, I understood he was from Kentucky , the first time I saw
the plaintiff he was at the Saline Tavern and General Hardgraves,and
but do not know in whose employ said plaintiff was, said plaintiff was working
about said Tavern and worked with him many says, that said deponent
was employed by Frankhouser and during that time the said plaintiff worked with
him the said deponant and believes that the plaintiff was then employed by said
Frankhouser, That he said deponent doesnot know whether said plaintiff was
hired by Duncan , but that he always understood it to be so, and that the boy
worked for himself and paid for his time. Just as I was coming up On
the said farm ford's ferry, Mr. Duncan and myself met, I asked him where
he would get his load of salt from, he answer he did not know from what
furnance he would get it, but excepted to get it from the plaintiff because said
plaintiff was hired and he excepted to get the salt for his labour.

Question by the defendant at what time, year, when and where, were you
in any wise acquainted as seen the plaintiff? the first time that I saw him
was at, as I can now recollect, at one Hardgraves some short time after the
convention. Question by same, where did you Mr. Duncan get his load of salt?
Answer at the time I met Duncan with a waggon on the road from ford's ferry
to the Saline Duncan said to me that he was to take a load, but would bee the
plaintiff he did not know until he would see the plaintiff, and does not know
Whether said Duncan got his load of salt there or elsewhere, and that at that
time said plaintiff was working for himself, as this deponent believes, that
this transaction took place considerble time after the convention, that the said
Duncan who I met on said road with the waggon is the same one, who offered
to sell me the plaintiff as above stated, and which purchase or contract did not take
place for the reason above mentioned. Does not know who Brought the plaintiff
in the State of Illinois . That he knows of said Duncan Bringing with him, in
waggons, Cider, Brandy, Apples and other produce to sell at the Saline lick, &
this is

Depositions fee $ 1.50
To the Clerk of the Circuit Court
of St Louis County

Missouri Filed and opened
31st July 1820 Archibald Gamble
Clerk

Reason Neighswonger
for plf

and this is the same Duncan Who offered to sell the negro plaintiff and State that he was to
be free on the death of him the said Duncans's father. This Deponant further say th
that in or about this time the said deponant worked at the tubes or pipes as Frankhouser
this Justice by Defendant. how long between the time the negro and him
worked at the pipes, was this conversation between him & said Duncan in
buying the negro? Answer I do not recollect but think it is about one year
to the best of my recollection. Question by Same, how long was it that you and
the plaintiff worked at the pipes after the convention? Answer I do not recollect, but
think, to the best of my knowledge that it was two years.

and this deponant further saythnot
Reason hisX
mark Neighswonger

State of Missouri
County of St Louis
Ss

I Mary Philip Ledue, a Justice of the County
court in and for the county aforesaid. Do certify that Reason Neighswornger
was by me Sworn to testify the whole truth of his knowledge touching the matter
in controversy aforesaid, that he was examined and his examination reduced
to writing and by him subscribed in my presence, on the day, between the hours
and at the place in that behalf first aforesaid

M P. Leduc
Justice county court
St. Louis County

Additional Questions on the part of the defendant to the
depositions-

Question. Do you know who hired the plaintiff at the Saline lick??

Answer- I do not know-

Question

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

You are hereby commanded to summon Coleman Duncan
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 Ninth 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 Vincent a man of Colour is plaintiff,
and James Duncan 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 Sixth day
of April in the year of our Lord one thousand
eight hundred and Thirty A Gamble Clerk C.C.

March term 1830

Subpoena for Coleman
Duncan for April
9th 1830
6th Apr

Executed this writ on Coleman Duncan April
6th 1830 by Reading the same to him

R . Simpson ShffServe 50 cts

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

You are hereby commanded to summon William Hums
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 Fourth day of Augustinstant 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 Vincent a man of color is plaintiff,
and James Duncan 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 Second
day of August in the year of our Lord one thousand
eight hundred and thirty. Archibale Gamble Clerk C.C.

July Term 1830

for the plaintiff

x William Homes
on 4th August

Excuted his writ on William Hunse August
4th-1830 by Reading the same to him

R . Simpson Shff by Brotherton DShffServe 50 cts

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

You are hereby commanded to summon Issac A Litchne
& David E Caryle
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 twelfth day of Augustinstant 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 Vincent a man of Color is plaintiff,
and James Duncan 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 eleventh day
of August in the year of our Lord one thousand
eight hundred and thirty Archibald Gamble Clerk C.C

Sub for
J A Letchin &
to

Excuted this writ on Cade A
Setcher Augt. 11th on D.l. Cuzler by
reading the same to them

Viniseen Shff. Fees $ 1.

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

We command you to attach Isaac A Letchen
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 , on thefourteenthday of 18
then and there to testify and the truth to say in a certain matter of controversy, now pending in our
said Circuit Court , betweeen Vincent Duncan plaintiff, and Coleman James Duncan
defendant, wherein the said Issace A Letchin
has heretofore been summoned, on the part of the said plaintiff

Witness, Archibald Gamble , Clerk of our said Court, at the
City of St.Louis , this 16th August 1830 Archibald Gamble Clerk

July Term 1830

Att for
Issace A Letchen

William Hurme a Witness in this case
claims his attendance for 11 days 50cts $ 5.50

William Hurme being duly sworn says he
was summoned as a Witness by the plaintiff in the above
cause, that he attends the number of days charged
above and that he has not charged for attendence
in any other case for the same time

Wm Hume Sworn to before me
this 16. day of Aug. 1830 Arch Gamble Clk

Wm Hume
Witness - $ 5.50

St Louis Circuit Court

Action of assault & Battery &
false imprisonment

G A Bird attorney & against for the plaintiff comes
into court & prays an appeal from the judgement
of this court in the cause to the Supreme Court

G A Brid for Plaintiff

St Louis Circuit Court

Action of assault & Battery
& false imprisonment

Gustavus A Brid attorney & agents for the above
named plaintiff being Sworn says that he has
prayed an appeal in Said cause from the
Judgement of this Courts to the Supreme Court
and this affiants further Says that his applica-
-tion for an appeal is not made for the
purpose of action or delay but because
this affiant verily beleives that Said plaintiff
is aggrieved by the Judgement upon which this
appeal is prayed

G A Bird Sworn to & Subscribed
before me this 18th day of
August 1830
A Gamble Clerk

affid for appeal

filed Augst
18th 1820 A Gamble
Clk

action of assault & Battery
& false imprisonment in
the St Louis Circuit Court

And the said plaintiff comes & asks the Court
to grant him a new trial for the following
Reasons

1 because the verdict of the Jury is contrary to
Evidence

2 Because the verdict is contrary to Law.

3 Because the Court gave instructions asked for by Deft to
the Jury which by Law ought not to have
been given

4 Because the Courts refused to give
instructions to the Jury which by Las
he ought to have given

5 Because the Judge of the Court under took
to declare the Legal affts of evidence whats
facts certain evidence before them did not
prove its was the of the Jury
alone to determine then the facts assumed
as not proved was proud or not

& for these & reasons the plaintiff moves
the courts to set aside the verdict & grants a
new trial

G A Bird attorney for
the plaintiff

Motion for a
New Trial

Filed 16th August 1830
Archibald Gamble Clerk

Be it remembered that on the trial of the cause
the following is the Substance of the Depositions
read in evidence on the part of the Plaintiff
General Willis Hargrave being produced & annexed
& Sworn on the parts of the plaintiff deposeth
& Saith

Question by Plff atty Did you know the plaintiff Vincent
the he has sued for his freedom Answer I do

Question by same Can you describe him?

Answer- yes he is a large black fellow with thick lips I think
about five feet nine or ten inches high I think he had
brothers names not recollected

Question by same. To whom did he belong and by whose authority was
he hired at the Saline Salt Works when you know him

Answer He belonged I think to John or James Duncan as they
were both in the habit of coming to this place, but know nothing
further on that subject than hear say.

Question by same Do you or not know how long he was hired and re

named at any one time in or at the Saline Salt Works
by Duncan in the State of Illinois .

Answer I do not.- he was here several years at different times
but how long at any one time I cannot say the general
rule for living hands at this place was for six months
at a time he has been have as above off and on from 1819
to 1825 but do not recollect of seeing him here since

Question by same Were you or not a resident at the Saline Works at
that time & did you or not know that said Vincent was
ever removed from said works until his final removal by
said Duncan

Answer I was a residence a principal part of the time and they
frequently went home but how often I dont know and
cant say how long or any one time he remained here
Harmeduke S.Ensmigner of lawful age being pro
duced examined & sworn on the part of the plaintiff that
he knew Vincent - a negro man who by common report
belong to Duncan of Kentucky Vincent's a black fellow with thick lips & a
scar over one of his eyes- I have known him from 1821 to 1828
inclusion I never knew of his being in in Kentucky , although
he had been absent from here several weeks at a time
Lee Hargrave of lawfull age being produced sworn & ex
amined on the part of the plaintiff says that he knew
Vincent a negro man wherby common upon belonged to
John Duncan of Kentucky he Vincent is a stout almost
black fellow with thick lips I have known him from
1821 to 1825inclusive I believe he left him in 1823 I think
during that time he went to Kentucky once but am not
certain of that.

Reason Nighswonger of lawful age being produced
examined and sworn on the part of the plaintiff depend and
says that he has known the plaintif who is here present
for nine or ten years certain. that he knew them the time
the convention set to frame a constitution for the State
of Illinois . the he knew said plaintif some few days for
that time but does not know how long that the plaintif
was claimed at that time as the slave of one Duncan in the
State of Kentucky and was hired to week as said Saline
as this affiant understood from a Son of said Duncan that
that in a conversation between said affiant and a son of said
Duncan whose name said affiant does not now believe
this affiant proposed to purchase the plaintif and offered him
a mill hallowed at five hundred & fifty dollar for said plain

tif be agreed to take it but that in a conversation
shortly after had with the said son of the said Duncan he the
said son stated that said plaintif was to be free at his fathers
death and this affiant further states and says that the
said son of the said Duncan at the time this conversation
took had drank pretty freely and was a little intoxicated
in consequence of this declaration and information in
form Mr. Robert Frankhouse that the plaintif was enti
tled to his freedom this affiant refused to trade for said
plaintiff that this affiant says that he knew the said
plaintiff at the said Saline for above three or four consecutive
years that said plaintiff during that period worked at the
Saline aforesaid, and the greater part of the time with this
affiant who was assisted by said plaintiff in the

for conducting salt water for the furnace that to the best
of the knowledge of this affiant the said plaintif remained
in the State of Illinois during this time aforesaid, by three or four
years without leaving said state that said plaintif laboured for
said Frankhouse for better than a year during which time the
deponent was in the employ of said Frankhouse as a Car

penter that said plaintiff was also employed by one Richards
on that said plaintiff together with one Bob Smith a black
man a Saline and worked it on their own account for
about two or threethree or four months that the aforenamed Richardson
kept a tavern & that the plaintiff remained in his employ
something like two or three weeks

Question by plaintiff- Is your recolection distinct- as to the date & time
that you have of Answer No! that the time is so long
lape that he cannot recollect

Question by the defendant- Did you know the plaintif at the time
the convention to for of the State of Illinois to form a
Constitution sat?- Answer I know the plaintif at the
them the constitution sat on in about that time I do not
know who being a him then I understood he was from Ken-
tucky
the first time I saw the plaintiff he was at the
Saline tavern and about Hagraves but do not know
in which employ said plaintiff was said plaintif was working
about said tavern and worked with him many days that
said deponent was emoloyed by said Frankhouse and during that
timeplaintif worked with him the said deponant and
believes the plaintif was then employed by said Frankhouse
that said deponant does not know whether said plaintiff
was hired by said Duncan , but that he always understood
it to be so and that the boy worked for himself and payed for
his time past as I was coming on the road from Ford's
Ferry Mr Duncan and myself I asked him when
he wanted to get his load of salt from he answered he did not
know from what furnance he worked get it but expected
to get it from the plaintif for the said plaintif was
hired and he expected together the salt for his labour

Question by the defendant at what time year when
& where were you in any or
the plaintiff & the first time I saw him
as I can now recollect was at one Hargrave
some short time after the convention

Question by Same Where did you see Duncan get his
Load of Salt Answer at the I
Duncan with a waggon on the road from
Lords to the Saline Duncan Said to me
that he did not know until he would see
the plaintiff & does not know who the said
Duncan got his load there or else where
and at that time said plaintiff was working
for himself as said Deponant believed
that this loak place a considerable
time after the convention that the said
Duncan who I nuts on said road the
waggon is the same one who offered to sell
me the plaintiff as above stated & which
purchase or contract did not take place
for the reason above mentioned does not
know who brought the plaintiff to the State
of Illinois that he knows of said Duncan
brining with him in waggons brandy
apples & other produce to sell at the Saline
lick this is the Same Duncan who offered
to sell the said plaitiff & Stated that he
was to be free on the death of said Duncans
father this deponent further says that in
or about this time said Deponant worked
at the or pipis at Frankhouse

Question by Defts How long between the time that the negro & him
worked at the pipis was the conversation
between him & said Duncan in buying
the negro - answer I do not recollect but
think it is about our year to the best of my
recollection Question by Same - & How long
was it that you & the plaintiff worked at the
pipes after the Convention answer I do not
recollect but to the last of my knowledge it
was two years.

William was produceed as a witness on the part of the plain-
tiff and testified that he be cameacquainted with the plaintiff
about the year 1818 or 1819. that he knew him three or four years
that while he knew him at the time aforesaid he was labouring at
the Illinois Saline in the State of Illinois that the witness work
ed with the plaintiff as a woodchopper for some time and for
some time the witness choped wood and the plaintiff the
furnaces that for about two years witness saw the plaintiff
almost daily witness never knew or heard that the plaintiff during
the time aforesaid was absent from the State of Illinois witness does
not know who pretended to own the plaintiff at that time witness does
not know to whom the plaintiff belonged at that time but under
stood from common report that he belonged to one Duncan of
Kentucky this deponent frequently saw a man by the name
of Duncan at the Saline who seemed to exercise a control
over the plaintiff.

Isaac A Fletcher was produced and sworn as a witness
on the part of the plaintiff who testified that he became
acquanted with the plaintiff two or three years ago that the
plaintiff was brought into this state as witness understood by John
the defendant and his brother Coleman Duncan that Robert
Duncan came as the agent of said James and Coleman for the
purpose of hiring the plaintiff to the witness and assumed
the plaintiff to be of bad character and they wished to hire him to
a man who would keep a tight reign over him witness hired the
plaintiff who was in his employ but but one day don't know whether
James Duncan was the owner of him at that time of not

James Clemmens Jr a witness sworn on the part of the plaintiff
testified that he became acquainted with the plaintiff four or
five years ago at St Louis when the plaintiff has resided ever
since that witness does not know who claimed said plaintiff
as a slave but understand from the plaintiff himself that
he belonged to a Mr Duncan the plaintiff requested the witness
to watch over him and superintend him the plaintiff worked
for the witness and witness payed the plaintiff money which
he said he wanted to pay can to his master Duncan witness
never heard the plaintiff put up any claim to freedom untill
he commended his suit for freedom

David E . Cuyler sworn as a witness for the plaintiff that
testified that some time about the Commencement of this suit
he went to serve an order upon the defendant that to take the
plaintiff out of the jurisdiction of this court. Witness found
the plaintiff standing in the near above the ox mile in St Louis
he was handcuffed and guarded by a man who had a dirk in
his hand and this man stated he was guarding him for the
defendand witness at the same time saw the defendant in
a canoe in the now Mississippi witness observed that he did
not want to take Duncan but to an order on him
serve an order on him. Mr
Isaac A Fletcher came out of the bush and enquired whether
there would be any danger in James Duncan coming witness
told him there would not James Duncan was enformed of this and
came on show and took the negro before the judge of this
court witness thinks that the Services of such a man as the
plaintiff would be worth about a hundred and forty dollars a year
he being found.

The following is the substance of the Depositions taken on
the part of the Defendant & which were read in
by the plaintiff

Lee Hargrave who being of lawful age and first & duly sworn upon the
Holy evangelist deposeth and sayeth as follows, that in the year 1823
he hired Vincent a coloured man be taken for him a the Saline
he said Vinecnt informed the deponant that he had hired his time
from his master ( Duncan ) and engaged to work six months after
working part of the time he left deponants service and shortly after his
master Duncan came to the Saline with the intention of taking him.
Cent home but deponant enganged to go to Duncan for the
hire that Vincent was to pay his master, as for as the wages of the
six months would go, upon that Duncan agreed to let him stay and Vincent
agreed to work on the balance of time shortly after the expiration
of the six months. Duncan returned again & directed him Vincent to
go home to Kentucky . But he Vincent upon one pretence or other
failed to go and as much as two or three times his master was after
him to take him home and to deponant requesting him to hire
person to take him if he would not go of his own accord &
he Vincent would make fair promises that he would go and after
wards them and about and upon the whole he was a trif-
ling fellow
follow

Willis Hargrave of Lawful age being duly sworn depositions as follows
that he knew Vincent a negro man belonging to Duncan of Kentucky
he was at Saline for several years and appeard to do much as he
pleased at one time Duncan got deponent to assist him to take
Vincent for the purpose of taking him home and we him but
whether he did at that time force him off or not he does not rec-
ollect, but Vincent begged much to stay a little longer as
he said to settle his business and that he would have went home
as soon as that was over at any rate and from the conversation
of Vincent & his master it appeared that there had been a good
deal of deception on the part of Vincent on this subject and
that Duncan had got quite out of patience with he false pretences

Abner West being of lawfull age and first duly sworn depo
and seth sayeth

Question by defendant: do or do you not know that Vincent the reputed
plaintiff is and was a slave one of the number belonging to the
estate of Jesse Duncan deceased the father of the deft James
Duncan . Answer I do.

By same Do or do you not know that he was hired at the Saline Salt
Works in Illinois . Answer I understood so by the

Question by Same. Did or did not Vincent after he was sometime at the Saline
became disobedient and refused to return to his master James
Duncan . Answer yes. he did.

Question by Same Is or is not James Duncan the defendant the son of the
deceased Jesse Duncan answer I believe it.

Question by Same. Do or do you not know that I ever received one years him from
any one person at the Saline lick for the services of said Vincent . Answer
I do not

Question by Same. Do or do you not know that I tried frequently to get said Vin-
cent away from said Saline or not lick and could not. Answer
I do know it for I was with him

Alexander Miller being sworn etc, deposith and sayeth.

Question by deft do or do you not knew that Vincent the reputed plaintiff
is and was a slave one of the number belonging to the estate
of Jesse Duncan deceased father of the deft. Answer I do

Question by Same Is or is not James Duncan the deft a son of Jesse Duncan Ans
he is

Question by Same Do or do you not know whether I ever received any thing
for the him of said Vincent or not Answer I do not

Question by Same Do or do you not know that I frequently tired to get said
Vincent from the lick and could not. Answer I have generally
understood so

Question by Same Have or have you not frequently while said Vincent
was at the lick that he was absent there and done as he pleased

Answer I have

Benjamin Pretchele being of lawfull age and first duly
sworn deposeth and sayeth,that

Question by deft. Did or did you not have a conversation with Vincent the
reputed plaintiff in this case and did he not tell you in that
conversation that he had rented furnaces. and carried on business
witness himself previous to the year 1825Answer he did
John Duncan being of lawful age and first duly sworn
deposeth & sayeth

Question by deft. Do or do you not know that Vincent the disputed plaintiff
is and was a slave one of the number belonging to the estate of
Jesse Duncan decd, the father of the deft James Duncan

Answer. he was

Question by Same Do or do you not know that he was hired at the
Saline Salt Works in Illinois and then run about and done
as he pleased. & that the deft, James Duncan never one
years him for him during his stay there nor any other person for
him Ans. I do.

Question by Same did or did not Vincent after he was some time at the
Saline be come disobdent and refuse to return to the service
of James Duncan his master. Ans. he did

Question by Same Is or is not James Duncan the the deft the son of
Jesse Duncan deceased. Ans. he is

Question by Same Did or did you not bring Vincent the plaintiff from
the Saline lick in 1825Answe I did

Question by Same Did or did you not put Vincent in the possession of
James Duncan in February 1826. to sell him or did pose of
as the deft. James Duncan thought proper. Ans I did.

Question by Same Did or did you not here Vincent the plaintiff in this case
say that James Ducan the deft. and Harry Klause caught him
in the Saline boundry to bring him home but he prevailed
with them to let him stay a few days until he could collecthis
money and he would come home and did he not fail in so
doing Answer I did hear him say so and that he did in face
come home.

Colomen Duncan being of lawful age and first duly sworn
deposeth and sayeth

Question Deft. Do you or do you not knew that Vincent the disputed
plaintiff is and was a slave one of the number belonging to the
estate of Jesse Duncan decd. the father of the defendant

Answer He was.

Question by Same Do you or do you not know that he was hired at the
Saline works in Illinois . Answer he was:

Question by Same Did or did not Vincent after he was some time at the Salin
become disobedient and refuse to return to the services of his
master James Duncan answer I know the negro was there
and they could not get him away.

Question by Same Is or is not James Duncan the deft. the son of the decd.
Jesse Duncan ? Ans he is.

Question by Same Did or did not you know that John Duncan brought
Vincent the plaintiff from the Saline Lick in 1825 Ans. he did.

Question by Same Did or did you not know that John Duncan put
Vincent the plaintiff into the possession of James Duncan in
1826 to him or disposed of as he thought proper. Ans. he did

The being closed to contended by
Defendant because

The plaintiff also read in the parts of
the 6th Article of the Constitution of Illinois
which is in the following words,

Section 1st Neither Slavery nor involuntary

servitude shall hereafter be introduced into this state,
otherwise than for the punshiment of crimes, whereof
the party shall have been duly convicted, nor shall
any male person, arived at the age of twenty one years,
nor female person, drived at the age of eighteen years,
be held to serve any person as a servant, under any
indenture hereafter made, unless such person shall enter
into such indenture while in a state of perfect freedom
and on condition of a... bonafide consideration recei
ved or to be received for this services, for shall any
indenture of any negro or mulatto hereafter made and executed
out of then stated, or if in this state, where the term of service
exceeds one year, be of the least validity, except those
given in cases of apprenticeship.

Section D. No person bound to labour in any other
State shall be hired to labour in this state, except within
the trad reserved, for the Salt Works near Shawnee town

Nor even at that place, for a longer period than one
year at any one time: nor shall it be allowed there
after the year One thousand eight hundred and
twenty five: any violations of this article shall effect the
emancipation of such person from his obligation to service

(To come in next after the statement of
settler's testimony)

It was further proven by Isaac A Fletcher
that Vincent had had at the time of the
commencement of this suit a day and
a pair of horses which horses the witness saw
a short time afterwards in the possession
of one Jonathan a person of color.

And it was further proven that Vincent
laboured as a in St Louis , for several
past, apparently on account &
without the known authority & masters
of any person over him.

on things the
the of 1825 yet they not be hired
to summon there & actually remain there more
than a year at a time & actually remain
there more tan a year at a time altho
a new contract of having then made daily in
his emancipation. Plaintiff counsel
also inserted that it was Evident from the Depositions
of John & Coleman Duncan that they did
not tell all they know touching the matter
in controversy. Because in those Depositions

on affiant. Was made to create the belief
that James Duncan was the owner of the slave
to him he was hired at the Saline & that
the plaintiff defendant could get nothing for the hire of
the plaintiff & that the Plaintiff became
disobedient to his master James Duncan & refused
to be on the State in the to him from
then Depositions & other Evidence it appeared
that the Defendant was not the of
the plaintiff when he was hired at the Saline
but that John Duncan one of the Deponents
was the owner

The Courts in commiting on the evidence &
the arguments of the plantiff counsel observed in
that he feeth his duty to say to the
Jury that there was no evidence to show to
whom the plantiff belonged whom he was
hired at the Illinois Saline as aforesaid is it that
he made the Statement to the Jury as Matter of Law.X

The Defendant Counsel prayed the Courts to give
the following instructions which were granted

1- That by this Constitution of Illinois Vincent - the plaintiff
might lawfully have been hired at the public Saline in Illinois ,
from year to year until the year 1825 without being removed to
an otherState at the end of every term, when working his
emancepation

2- If the jury are satisfied from the evidence that the owner
of Vincent resided in Kentucky was desirous of withdrawing said
Vincent from the Illinois Saline and attempted to withdraw
him but was prevented by Vincent himself the plaintiff can-

not receive

4- That under the ordiance of Congress of 1787 the that Vincent the
plaintiff cannot lawfullywrong be it the Illinois Saline , off & on from
1814 to 1826 need not work his emancipation

5- That under the ordinance of Congress of 1787. Vincent , this plain-
tiff cannot lawfully claim his freedom by reason of any
residence in Illinois which does not amount to a permanent
settlement & the acquisition of a regular there

6- That the constitution of Illinois is not & cannot be controlled by
the ordinance of 1787 as to the existence of slavery with in the
the limits of that state

7- That if the jury shall be of opinion from the evidence that
Vincent the plaintiff constantly down to the of 1829 when
this suit was brought acknowledged himself a slave such
evidence is legal and valid & they may from then believe upon it.

The plaintiffs counsel prayed the court to grant the following instruc-

tions which was negected-

1- If the Jury can collect from the evidence that the plaintiff
resided at the Ohio Saline as a labourer there in the year 1817 by
counsent of his matter he is entitled to his freedom

2- If the plaintiff was disobedient to the person who claimed
him as a slave & ran about pretty much as he pleased while
hired at the Saline this does not prove that he was
from labor

3- If the plaintiff proves that he was seen at the Ohio Saline
almost daily he has made out a to his freedom
and it is upon the defendant to show that he left the State of
Illinois if he did so.

The plaintiff here by his Counsel as a to the
opinion of the Courts as prepared to the Jury
that there was no evidence to show claimed
to be owner at the slave when he was hired
at the Ohis Saline he also to the
opinion of the Courts as aforesaid in court of the
Instructions above asked for by the Defendants
he also to the opinion of the Courts
in overruling theeach of the above instru

tions asked for by the plaintiff & he
tinders this of as a & prays that
the same may be assigned & States & made
parts of the record the is

Will C. Carr

Bill Exeptr

Filed 27th August 1830 Archibald Gamble Clerk

was hired at the saline in 1817 and remained hired
there till 1825. This instruction ought to have been
given. The judgment of the Circuit Court is
& the cause is comanded for futher
proceedings in conformity with this opinion

M M GirkG.Tompkins R Wash
Judges Bird for pltff in Error
Bates for deft in Error

Supreme Court Third Judicial District

I Jos. C Brown
Clerk of the Supreme Court of the third Judi-

cial district in the State of Missouri do certi-

fy the above and foregoing to be a true and
correct copy of the word of the judgement of
the Court in the said case of Vincent a man
of color vs James Duncan , and of the opin

ion of the said Court delivered in the said
case

Witness my hand, and Seal
of Office at office this six

teenth day of Febraury in
the year of our Lord eighteen
hundred and thirty oneJos. C Brown Clerk

No 110
November Term 1829

Filed February 1831

A Gamble Clk

County Of St.Louis ,Sct. State of Missouri ,To Any Judge Or Justice Of The Peace Of the State of Illinois
--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 Vincent a man of Color or by
James Duncan his attorney or agent, and him, her or them examine upon his, her or their corporal oath, (to be by you administered,) touch
ing 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 Vincent a man of Color is plaintiff and James Duncan
is defendant, on the part of the said plaintiff, and having reduced the said
depositions so taken by you as aforesaid, into writing you are required to send the same, together with this commission,
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 , thisseventh day of March in the
year of our Lord one thousand eight hundred and twentythirty one. Archibald gamble Clerk, C.C.

St.Louis, Circuit Court

Clerks office - In Vacation March 7th 1831

On application of the attorney for the plain
-tiff it is ordered that a dedimus issue to any Judge or Justice
of the peace of the State of Illinois to take the deposition of
Witness to be read in evidance on the trail of the above
cause on the part of the plaintiff

Archibald Gamble Clerk

The time for taking Depositions & according to the notice
An Defendant on the 24th 25th, 27th & 28th day of June 1831 at the office of William Carpenter in the town of Kingsfield
in the County of Sangamon & State of Illinois be the
hours of eight o clock in the forenoon & six o clock in the
afternoon of each of said days. The Depositions may
be taken on any one of the days within the hours of
mentioned in the notice

G A Bird

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

You are hereby commanded to summon Robert Duncan & Coleman
Duncan
that setting aside all manner of excuse and delay, hethey be and appear in proper person before the Judge
of our Circuit Court , on the 19th day of April 1831, 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 Vincent a man of color is plaintiff, and James
Dunean is defendent 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 , thisforteenthwith day of
April in the year of our Lord one thousand eight
hundred and thirty one . A Gamble ClerkC.C.

Executed this Writ on Robert Duncan April 14th 1831 by reading the Same to him
in the County of St Louis Coleman
Duncan not found in my County

John K Walker Sheriff by S Blood Dept Sheriff

Service5012 1/262

Subpoena for

X Robert Duncan+ Coleman Duncan 19 April
plff

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

You are hereby commanded to summon Walker Timesby
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 19th 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, where in Vincent a man of Color is plaintiff and
James Duncan 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 , this18th day of
April in the year of our Lord one thousand eight
hundred and thirty one A Gamble Clerk C.C.

March Term '31

Walker Timesly

19th April
for pltff

Executed on Walker Trisbly on the 19th April 1831
by reading to him in
the City of S Louis

Jno K Walker by Brotherton 50 cts

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

You are hereby commanded to summon Coleman Duncan
that setting aside all manner of excuse and delay, he be and appear in proper person before the Judge
of our Circuit Court , on theforthwithday of, 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 Vincent a man of Color is plaintiff, and
James Duncan is defendent, 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 , this20th day of
April in the year of our Lord one thousand eight
hundred and thirty one. Arch. Gamble Clerk C.C.

Executed this writ on Coleman Duncan
on the 20th day of april 1831 by saying
the contents thereof to him

Brotherton Dpsh
J. K Walker SheriffServe. 50

March Term '31

Coleman Duncan
forthwith
pltff

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

You are hereby commanded to summon Adolphus Hubbard and Louis Hubbard Newell
that setting aside all manner of excuse and delay, he be and appear in proper person before the Judge
of our Circuit Court , forthwith day of, 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 Vincent a man of color is plaintiff and James
Duncan is defendent 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 , thistwentieth day of
April in the year of our Lord one thousand eight hundred and thirty one. Archibald Gamble Clerk C.C.

Executed this writ on Lewis Newell on 20th day of April 1831

John K Walker ShffServe 50
1 n

March Term 1831

forthwith for

X Adolpluis HubbardLouis HubbardNewellServe $ 1.00
plff

Executed this writ on Adolphus Hubbard April 20 1831 by reading the same to
him in the County of St Louis

John K Walker Shff by S Blood D. Sheriff Service 50

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

You are hereby commanded to summon Isaac A Letcher& Robert Duncan
that setting aside all manner of excuse and delay, they be and appear in proper person before the Judge
of our Circuit Court , on theforthwithday of, 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 Vincent a man of color is plaintiff, and James
Duncan is defendent, 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 , thisTwentieth day of
April in the year of our Lord one thousand eight
hundred and thirty one. Archibald Gamble Clerk C.C.

Excuted me have the body of Isaac
A Letcher in Court April 20th 1831

John K. Walker Sheriff
by James Brotherton D. Sheff
Services $ 1.00

March Term 1831

forthwith for Shff

+ Isaac A Letcher20th April

Executed this writ April 20 1831 by
reading the same to him in the County
of St Louis

John K.Walker Sheriff byJm Brotherton DSheriff Service 50

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

We command you to attach Coleman Duncan
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 , on the forthwith day of 18
then and there to testify and the truth to say in a certain matter of controversy, now pending in our
said Circuit Court , between Vincent plaintiff, and James
Duncan defendent, wherein the said Coleman Duncan
has heretofore been summoned, on the part of of the said defendant.

Witness, Archibald Gamble , Clerk of our said Court, at
the City of St. Louis , this21St April 1831. A Gamble Clerk,

John K.Walker Sheriff

march 1831

for Coleman
defendant

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

You are hereby commanded to summon Isaac A Letcher- Coleman Duncan
Lewis Newell - Adolphus Hubbard - Walker Fristly - Robert Duncan
William Hume & David E Cuyler
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 fourth 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 Court, wherein Vincent is plaintiff
and James Duncan is defendant on the
part of the Plaintiff; and have you then there this write.

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

Excuted this writ on Isaac A Letcher &
Louis Newell 6th July on David E Cuyler
29th June on Robert Duncan 16th July
1831 in St Louis by Reading it to him

Wm Hume Walker Frisby
& Coleman Duncan
not found
John K Walker Shff

Serve200374 2$2374

July Term 1831

for plaintiff

+ Isaac A Letcher 6 July
Coleman Duncan
+ Lewis Newll 6 JulyAdolphus HubbardWalker Frisby+ Robert Duncan 16 William Hume David E Cuyler 29 on 4th August

The Deposition of Adam Smith taken before William
Carpenter A Justice of the peace within and for the
County of Sangamon and State of Illinois . on the 22nd day
July in the year of our Lord Eighteen hundred and
thirty one. at the office of Wm Carpenter in the town
of Springfield . and County aforesaid. Between the hours
of eight o clock in the forenoon and six oclock in the
afternoon of said day to be read in evidence in a
certain action pending in the Circuit Court of St Louis
County and State of Missouri in which Vincent (a man of
color) is Plaintiff and James Duncan is Defendant, on the part
of the plaintiff Adam Smith of lawful age being produced
Sworn and examined on the part of the Plaintiff Deposeth
and saith as follows, vis:

Qus 1st Do you know the Plaintiff Vincent

Ans Yes I do

Qust 2nd What is his color age and description

Ans he is of a yellow cast, but not a mulato,
he is from forty to forty five years old. I think
he would weigh about one hundred eighty pounds. about
five feet ten inches high. he has a down cast look.

Ques 3rd Where was he when you first know him was
he said to be a slave or a free man

Ans I first knew him in Hopkins County Kentucky
he was said to be a slave, belonging to Jesse Duncan ,

Quest 4th who claimed him the Plaintiff after the deth
of Jesse Duncan of Hopkins County Kentucky .

Answr John Duncan John of Jesse Duncan . claimed him
Quest 5th Can you state of whether the plaintiff was ever hired to laber at the salt works claimed him
5th Can you state whether the plaintiff was
even hired to laber at the salt works in the State of Illinois so by whom was he hired there.
where was he first hired there and by whom and
how long was he hired there in all

Answer. From the information of the Jesse Duncan
he Duncan had him, Vincent , hired at the salt
works nereShawnetwon in Illinois . In the year Eighteen hundred and eighteen, and in the year
of 1819 and 1820 and 1821 he was hired as said
salt works by John Duncan son of Jesse Duncan
In the year 1824 to the best of my knowledge of I saw
Vincent at the salt works in this state with a
number of other negros from Kentucky

Quest. 6th Where did you last see the Plaintiff and
when

Answ I saw him about the first February in the
year 1831 and three or four times a year
for four or five years preaves there to in the
City of St Louis , Missouri .

Adam Smith

State of Illinois
Sangamon County ss

Wm Carpenter a Justice of the peace within
and for said County, do hereby certify that the above nam
ed Deponent Adam Smith was by me duly sworn to testify the
whole truth of his knowledge touching the matters in controversy
between the parties aforesaid, that his examination was reduced
to writing and by him subscribed in my presence on the day
between the hours and at the place in that behalf first
aforesaid,

Witness my hand and seal July 22nd 1831W Carpenter J P

State of Illinois
Sangamon County Ss

I Charles. N. Mathewy clerk of the County
Court of said County do hereby certify that William
Carpenter whose name appears to the foregoing cer
=tificate is an acting Justice of the peace duly sworn
and authorised in and for said county and that
full faith and credit is due to all his final acts as sue

Given under my hand & seal of office at
spring filed in said county this 22nd day
of July AD 1831C,R,Mathewyclk

Fee BillSubpoena -- 18 2/4Serving Do -12 1/2 Deposition --143 1/2 Clerk Certificate25 Adam Smith 50$2.50

W Carpenter

Depositions
Adam Smith
for plff
Archibald Gamble Esqr
St Louis
Missouri

Depositions of
Adam Smith
opened & filed July 28th 1831

A Gamble Clk (for plff)

affd.

Filed August 3rd
1831 A Gamble Clk

To W.C. Carr Judge of the third Circuit

I Gutavus A Bird do swear that I believe Vincent
Duncan is detained in the possession of James Duncan for no matter that
I beleive that he is free & tat it is the upon
of James Duncan to Kidnap him & send him
to New Orleans & prays on behalf of said Vincent
that a writ of Habeas corpus may issue to bring said Vincent issue before
you to be dealt with as the law
directs

G A Brid Sworn to & subscribed
before me Judge of the
3 Circuit State of Missouri
this 7 November 1827 Will . C. Carr

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

We command you to attach Lewis Newell 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 , on theforthwithday of 18
then and there to testify and the truth to say in a certain matter of controversy, now pending in our
said Circuit Court , between Vincent plaintiff, and Coleman Dunean
defendent, wherein the said
ha heretofore been summoned, on the part of of the said

Witness, Archibald Gamble , Clerk of our said Court, at the
City of St. Louis , this twelfth of August 1831 Archibald Gamble Clerk

Served this writ and have
the body of Lerwis Newell
in court. 12th August 1831

Jno K. Walker ShffServe $1.00

for
Lewis Newell
for plff
Excused

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

We command you to attach David E Cuyler
by hisbod, 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 on thefourthwithday of 18
then and there to testify and the truth to say in a certain matter of controversy, now pending in our
said Circuit Court , between Vincent is plaintiff, and James Duncan
is defendant, wherein the said David E Cuyler
has heretofore been summoned, on the part of the said plaintiff

Witness, Archibald Gamble , Clerk of our said Court, at the
city of St. Louis , this12th day of August 1831 Archibald Gamble Clerk

Excuted this writ and have the
Body of D. E. Cuyler before the Court

John K. Walker ShffS. Blood D. Shff Service $ 1.00

Coleman
L Willisfor
for Jar J Body
& for Jos Clanner
Dr Cuyler

last a wait
Court of Suit

In the St Louis Circuit Court and
State of Missouri

To the above named Defendant or Eduard Bates Esquire
his attorney of Record

Take notice that on the fourteenth
day of October instant at the office of Joseph Garmin
in the City of St Louis between the hours of nine o clock
in the forenoon & five o clock in the afternoon of
that day I shall take the Depositions of witness
to be read in evidence in this cause Oct 11th 1831

yours &c G A Bird Plff atty

Nature of Taking Depositions

I acknowledge that a
copy of the within
notice was this day
on me at the
City of St Louis October
11th 1831

John Benr the Samuel St

In the St Louis Circuit Court
& State of Missouri

To the above named Defendant or
Edward Bates Esquire his attorney of record

Take notice that an the fourteenth day of October instant
at the office of Joseph N. Garmin Esquire in the City of
St Louis between the hours of Nine Oclock in the
forenoon & five Oclock in the afternoon of that
day I shall take the Depositions of witnesses to be
read in evidence in this cause

yours &c G A Bird atty for
ptff
Oct 11th 1831

Notice of Taking Depositions
I acknowledge that
a copy of the within
notice was this day
on me at the
City of St Louis . October
11th 1831

John Bent

to be
Summoned
Adam Smith at
M Abrams or the
ran tracks &
Samuel Stebbin

County Of St,Louis,Sct.State Of Missouri ,To any Judge or Justice of the Peace of the State of Kentucky
--Gretting.

We, reposing special trust and confidence in your integrity and circumspection, do require and com-
mand you that you cause to come before you such person or persons as shall be named to you by James
Duncan or Vincent (a man of color) their attorney
or agent,and him or them examine upon his, her or their corporeal oath (to be by you administered)
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 Vincent (a man of color)
is plaintiff and James Duncam is defendant on the part of the said
defendant and having reduced the said depositions so taken by you as aforesaid into writing,
you are required to send the same, together with this commission, enclosed under your seal, to our said Cir-
cuit Court, with all convenient speed.

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

In Vacation 19th October 1831Clerks office of the St Louis Circuit Court

are application of the attorney for the defendant it is Ruled
dedimus issue to any Judge or Justice of th peace of the State of
Kentucky to take the depositions of witnesses to be read in evidence on the
trail of this cause on the part of the defendant

A True copy of the Rule
Archibald Gamble Clerk

Suit for freedom in the St Louis
Circuit Court

The above named plaintiff Vincent & G. A. Bird
Esqr his attorney will take notice that pursuance
of a dedimus issued from the office of the Circuit Court
of the County of St Louis , depositions of witnesses
will be taken, on the fifteenth day of November
next at the court house in the county of
Hopkins & State of Kentucky , between the hours
of eight o clock in the morning & six in the
afternoon of that day, (and to be continued from
day to day, between the same hours, if need
be) to be read in evidence on the trial of
the above named cause, on the part of
the defendant

James Duncan St Louis Octo: 19. 1831

Executed this Notice by reading it to Gustavus A Bird in
the city of St Louis on the 20th day of October 1831
Vincent not found

John K Walker Sheriff by James Brotherton Dsh Service 50 cts

In the St Louis Circuit Court
Missouri

To the above named Defendant or Edward Bates
Esquire his attorney of

to take notice
that on the 14th day of November instant
at the office of Joseph V Garmin in the city of
St Louis between the hours of 8 Oclock
A.M. & 5 O Clock P.M. of that day
I shall take the Depositions of witnesses in
this cause
Nov 10th 1831

Yours &c
G A Bird atty for
plff10 Nov: read to me by Mr Cooper, but Mr Bird proves that
I am giving to Washington Court & attend
E Baty

1

Deposition of witness produceed sworn and
examined at the Court house in the County
of Hopkind and State of Kentucky .
one J. a Justices of Peace
in & for the County & stated a for said
in a certain cause now depending in The Circuit
Court of the County St Louis_ I state of Missouri
between Vincent a man of color is pl
=aintiff
and James Duncan is defend
ant William Gersdon being of lawful age
produced & sworn & examined on the part of defendant deposeth & saith
Question by deft did you or not
know Vincent the plff in the years
1816 17 & 18 who did he belong to & did
he reside in Hopkins County Ken
tucky in those years
Ansr I did in the year 1816 Jesse
Duncan John Duncan father
moved to the County of Hopkins
with Vincent in his possession
I never knew Jesse Duncan nor any of the Family to send him
to the Saline nor of his being
at the Saline in the lifetime
of Jesse Duncan who departed
this life in the fall 1818 nor do
not I believe he ever went to the Saline untill
in the year 1819Question by same do you or do you
not believe from your action
2) living in the meighbourhood & being
well acquainted with Jesse Duncans his, Concern
you would have known it if he Duncan
gone to the Saline in 1816 17 or 18
Ansr. I being Sheriff in those years
I am confident that Vincent was not at Saline untill after
the death of Jesse Duncan which was
1818 in the full & further his depo
nant sayeth not Wm Gordan

Hopkins County
State of Kentucky Sct

I Samuel Morton a Justice of the peace
in & for the County & State aforesaid
do hereby certify that deponant
William Gordon was by me
sworn to testify the whole truth of
his knowledge touching the mat-
ter in controversy in the cause aforesaid that depenant was examinded
land his examination
reduced to writing and subscri
bed by said deponant in my
presence on the fifteenth day of Novem
ber in the year eighteen hundred and
thirty one between the Hours of eight in
the forenoon and six in the afternoon at
the court house in the County of Hopkins
State of Kentucky

Given and Certified the 15th day
of November 1831
Sam Morton

also the Deposition of Reed Wright
taken at the time & place aforesd
for the purpose aforesaed being
of lawful age & first duly sworn
deposeth & saith were you or not
acquainted with the plaintiff Vincent
during the years 1816 17 & 18 and who owned Vincent in those years

Ansr. I was acquainted with him
in those years & Jesse Duncan
Jr owned him

2 Question by Same
Was Vincent absent from Hopkins
County in the years 1816 17 or 18Ansr. he was not untill after the
Death of Jesse Duncan in fall
1818 he went to the Saline

Question by same Do you or not
know that Jesse Duncan Jr in his
lifetime ever sent or hired Vin
cent at Saline Ansr he did not to my knowledge
Question by same if Vincent had
been hired at the Saline would
you or not have known it
from your intimacy in the family
Ansr I believe I should & further
this deponent sayeth not

Reed Wright

State of Kentucky 4
Hopkins County

I Samuel Morton a justices of the peace in and forth county and state aforesaid do hereby
certify that Reed Wright the depon
ant was by me sworn to testify the
whole truth of his knowledge touching
the matter in controversy in the
cause aforesaid that depanont was
examined and his examination
reduced to writing and subscribed
by said deponant in my presence
on the fifteenth day of November
in the year eighteen hundred
& thirty one between the hours of eight in the forenoon and six
in the afternoon at the court
house in the county of Hopkins
State of Kentereky given & certifed
the 15th day of November 1831
Sam Morton
also the Deposition of Isaac Mu
Calfe taken at the time and place
aforesaid to be read as Evidence
in the suit aforesaid this deponant
being of lawfull age & firstdully
sworn deposeth and sayeth

Question by deft
were you or not acquainted with
the plaintiff Vincent in Hopkins
County Kentucky in the years
1816 17 & 18

Ansr. I was

Question by same was Vincent out of Kentucky in those years

5

Ansr he was not to my knowledge
question by same

who owned Vincent in 1816 17 & 18
Ansr. Jesse Duncan Jr owned him untill his death which look place
in November 1818

Question by same from your
intimacy & knowledge of the
domestic affairs of Jesse Duncans
would you or not have known
if Vincent had been hired at the
Saline in those years

Ansr I certainly would

Question by same

What distance did you live
from Jesse Duncan Jrin those
years & were or not in the habit
of visiting the family frequent
ly

Ansr. a little better than a mile I was
in the habit of visting them very
often & further this deponant
senth not

Isaac Mutcalfe

Hoopkings County
State Kentucky

I Samuel Morton a Justice of the
peace in and for the County and State
aforesaid do hereby certify that Isaac Mutcalfe
6) the deponent was by me sworn to testify the
whole truth of his knowledge touching the
matter in controversy in the cause a foresaid
that deponent was examined and his examin
-ation reduced to writing and subscribed by
said deponent in my presence on the fifteen
day of November eighteen Hundred and thirty
one between the Hours of eight in the forenoon
and six in the afternoon at the country house
in the county and state aforesaid

Given and certified the 15th day of
November 1831

Sam Morton

I Samuel Morton Justice of the peace within &
for the County of Hopkins in the state of Ken
tucky do certify that in pursuance of the an
nexed Commission and notice cause before me
at the courthouse in the County of Hokins State
of Kentucky aforesid William Gordon , Reed Wright
& Isaac Mutcalfe who were there by me sworn
and examined and such examination
re
duced to writing and subscribed by them responding
in my presence and these sd depositons are
now herewith the returned Given at the Courthouse
in the County of Hopkins & State of Kentucky
aforesaid this 15th day of November 1831
Justice fee paid $1.00

Sam Morton

Kentucky
Hopkins County Sct

It is hereby certified that Samuel Morton
on this fifteenth day of November one thousand
eight hundred and thirty one is a Justice of
the peace within and for the County of Hopkins
State of Kentucky duly commissioned, and
acting as such and that full faith and credit
are due to his acts as such

In Testimony whereof I Samuel Wood
son clerk of the Court for the County
aforesaid (the same being a Court of
record so constituted by law) have here
unto subscribed my name and affix
edmy name the seal of said County
at Office this fifteenth day of No
vember 18 one thousand eight hun
dred and thirty oneSam Woodson

for Defendant

William Gordon Reed WrightIsaac Metcalfe

Deposition taken by virtue of Notices at the office
of Joseph C Garnier with City of St Louis , in the four
=teenth day of October in the Year eighteen hundred and
ninty one, Between the hours of nine of
Thrity one, Between the hours of nine oclock in the
forenoon and five oclock in the afternoon of same
day, and to be read in evidnece of two certain suites now
pending in the Circuit Court of the County of St Louis
Between Vincent a man of color as plantiff and James
Duncan as Defendant. Ralph a man of color as
plaintiff and Coleman Duncan as defendant
forsaid plantiffs

Samuel Woodson being of lawful age and duly sworn
on the holy Evangelistsof Almightygod on his oath saith
that in the summer of the Year eighteen hundred and
twenty Eight, he was at mineral point in the Territory of
Michigan about fifty miles from . that about
that time he knew two negro men working under
the controlof James Duncan
Brother of Coleman
Duncan , and who were employed in mining, by James Duncan
who called then his negroes. that they worked at that
place, as far as deponant can recollect, about two or
three weeks. that said James Duncan took them
to some other place to work, that said deponent saw
nothing more of said negroes, until a year ago last-
Friday where deponent was at , where he witnesses
a trial Between said two Negroes who had sued
James Duncan or some other person for their freedom
deponent did not then know the Negroes until they
where he found them the James
Whereupon he had seen before at Mineral point that
or there trials, James Duncan disdained and pretending
to said negros at her but said that they belonged
to his Brother Coleman Duncan

Sams StebbinsSworn to to and Subscribed on the
any day & year, at the proceed
Between the hour first above
mentioned before me
G.C. Parmier justices of the
peace St Louis Cunty

fee Justic 3 Job 1 1/4dposition 74Oath. 6 1/4Certificat 956 2/4Court Cooper75$/11 621/2

Vincent
Coleman Duncan
Depos: of S Stobbens for
plfs
Opend & filed

filed Nov 30th 1831 A Gamble Clk

St Louis Circuit Cour
Vincent
vs Coleman
Deponent

the clerk Circuit court
St Louis

Deposition of Frankhouser
opened & filed
Nov July 1831

A Gamble ClkDeps
(for Plaintiff) Robert Frankhouser

The said plaintiff excepts to the depo
sition filed on the part of plaintiff to wit
the depositions of William Gordon Reed
Wright and Isaac Metcalfe

1 because there was no legal & sufficient
notice

2 because said depositions are not properly certified

3d because said depositions are not
properly authenticated

G Bird & HK Gamble
attor for Plff

Exception to depo-
sition

filed Decr 5 1821
A Gamble Clk

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

You are hereby commanded to summon Isaac A Letcher Coleman Duncan - Lewis
Newell - Adolphus Hubbard- Walker Frisby- Robert Duncan - William Hume
and David E Cuyler
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 29th day of Marchnext 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 Vincent is
plaintiff, and James Duncan 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 20th
day of February in the year of our Lord one
thousand eight hundred and thirty-two Archibald Gamble Clerk C.C.

Executed this writ on Lewis Newell
on the 2nd March on Isaac A Letcher
on 28th Feby on Robert Duncan &
David E Cuyler on the 29 Feby
1832, all in the City of St Louis .
le. Duncan W. Frisby. A. Hubert &
W. Hume not found

Jno K Walker dsff
Service $2 50- $2.50

March Term 1832

for plff

X Isaac A Letcher 28
Coleman Duncan
X Lewis Newell 2
Adolphus Hubbard
Walker Firdley
X Robert Duncan 29
Wm Hume
X David E Cuyler 29
on 29th March

Sate of Missouri County of Cole Ss.
The State of Missouri

To the Constable of Jefferson Township
in said County Greeting_ WereasJ. Hiram H. Baber,
a Justice of the Peace within and for the County of Cole
aforesaid have been required to take the examination
of witnesses in a certain cause depending in the Circuit
Court of St Louis County in the state of Missouri between
Vincent a man of Color plaintiff and James Duncan
Defendant. These are Therefore to Command
you to summon Benjamin Davis & Thomas Davis that
they and each of them, severally and personally appear
before me at the House of Alfred Bosye in the City of Jefferson
in the County of Cole on the 23rd day of March 1832 at
the House of Eight of the clock in the forenoon of that
day & then and there to be examined and to testify
the Truth according to the best of then knowledge for
and on behalf of the said Plaintiff, hereof they
they are not to fail, and fail not at your peril -
Given under my hand and seal this 20th day March 1832

Hiram H . Baber. Jr.

183/11

37.1

25 - 1.50

81 1/11 - !!!!

This is to understand
This is to understand

Constables fee
For serving - 25
Summon

Buji Davis &
Thos Davis

Excuted by reading the
within, in hearing of Benjamin
Davis on the 21ndMarch 1832

H Hubbard
For B H Jones 6.E J
Thomas Davis in not an inhabitant of Cole County
H HubbardFor R H Jones

1st That if the Jurybeleive from the evidence that the owner of Vincent
the plaintiff hired him to labor and he did actually reside & labor in the territory of Illinois before
the adoption of constitution of Illinois he the said plaintiff
is entitled to his freedom
given|

2d That if the if the Jury beleive from the evidence that Jesse Dun-
-can the father of the defendant was in possession of Vincent
and claiming and using him as a slave and understood
as such hired him ( Vincent ) to labor in the Territory of Illinois before the adoption of the Constitution of that State
such hiring entitled Vincent to his freedom
unless by evidence it is shown that the to Vincent
was in some other person than Jesse Duncan

3rd That if the Jury beleive from the evidence that Vincent
the plaintiff was hired by his owner to labor in the State of Illi
nois after the adoption of the Constitution for more than one year at any one time such hiring entitles him to his freedom. |given|

4th That the possession of a slave as such is evidences
of the ownership of such slave possession unless it is
otherwise shown who the owner was
|given|

5th That the constitution of Illinois takes affect from
the time the blacks Illinois was admitted into the
Union by resolution of Congress 3d June 1818 as respects
the question of slavery & if the plaintiff was hired or to labor
in Illinois by his then Master previous to 3d June 1818
plantiff is entitled to his freedom
|not given|

6th That That if the Jurybeleive from the evidence that
the owner
of Vincent the plantiff aforesaid to his resided in
the Territory of Illinois before the adoption of the
Constitution with the assent of his owner for the purpose of labouring there either
For his own benefit or that of him master such
residence entitled Vincent to his freedom
|given|
That if the Jury believe that the negro is a slave and will not agree they are

March 6 1832

Deposition of witness produced, sworn and examined
on the twenty third day of March in the year of Our
Lord Eighteen hundred and thirty two between the hours
of Eight of the Clock in the forenoon and six O, Clock
in the afternoon of that day at the House of Alfred Bosye
in the City of Jefferson County of Cole and State of Missouri ,
before me Hiram H . Bober a Justice of the Peace within
and for the County aforesaid in a certain cause now de
=pending
in the Circuit Court of the County of St Louis
between Vincent a man of Color, plaintiff and James
Duncan defendant on the part of thedefendantplaintiff

Benjamin Davis of Lawful age, being produced Sworn
and examined on the part of the plaintiff, deposeth
= and saith~
Question by plaintiff's attorney
Did you know Jesse Duncan deceased late of Hopkins ,
County Kentucky - ?
Answer I did -
Question by plaintiffs attorney -

Did you know a black man called Vincent or
Winston which said Jesse claimed as his slave at the
time of his death - ?

Answer I know a black man by the name of Vincent or Winston
who was the property of the Father of John and James
Duncan of Hopkins County Kentucky , but I do not recollect
wether the Father of the said James and John was named
Jesse or not

Question by same

Do you know whether said Vincent or Winston was
hired by said Jesse to Labor in the State of Illinois in 1817or1818 of your own knowledge or from what you have
heard said Jesse say- If so please state the time he
worked there as particularly as you can?

Answer The Father of John & James Duncan kept negroes hired
at the United States Saline in Illinois between the years
1813&1819. but at what particular time or times do not recollect
=Question by Same was Vincent or Winston one of
the negroes hired by the said Duncan , at the Saline
in Illinois ?

Answers- As well as I recollect he was

And further this deponent saith not

Sworn and Subscribed to before me,
on the day, at the place, and within
the hours first aforesaid
Hiram H . Baber. J.peaceBen Davis
Cole County Missouri

State of Missouri
County of Cole
Ss

I Hiram H . Bober a Justice of the peace
within and for the County of Cole in the State of Missouri
do hereby certify that Benjamin Davis the deponent was
by me sworn to testify the whole truth of his knowledge,
touching the matter in controversy aforesaid; that he was
examined and his examination reduced to writing,
and by him subscribed in my presence, on the day, between
the hours and at the place in that behalf first aforesaid

Hiram H . Baber Justice Peace
Cole County Missouri

Justice's fees811/11Constable25Witness1.502.561/4

Deposition

Depos: of Benj Davis for plff

Jefferson Cty MO 24th Mar

opend and filed
March 29 1832

25

A Gamble Clk Circuit Court
St Louis County
Missouri

Be it remembered that on the
trial of this cause the plantiff read in evidence
to the Jurythe following depositions taken in
the cause (here insert the deposition of Adam
Smith Benjamin Davis Willis Hargrave Lee Har-
grave Robbert Frankhouser Reason Neisgwonger
Marmaduke D Enswinger and Timothy Guard and mitting the capture and certificate

The defendant admitted that before and
at the time of the Commencement of this
suit he held possession of the plaintiff claim
ing him as a slave-

On the part of the defendant the following depositions were read in evidence to the Jury
(here insert the depositions of Daniel Wood, Willis Hargrave, Lee Hargrave, William Gordon , Reed
Wright and Isaac Metcalf omitting the cap
tions and certificates)

After the evidence was closed the plantiff
by his counsel moved the Court to instruct the
Jury that the constitution of the State of Illinois
so far as it affected the question of slavery took
effect from the time the state was admitted
into the Union by the resolution of Congress
for that purpose and that of the plaintiff was
hired to labor by his then master in Illinois and
did so labor there previous to the passage of
the said resolution of Congress the plaintiff
is entitled to his freedom which instructions
the court refused to give

The Sourt in changing the jury instructed then
that the hiring of the plaintiff at the tract reserved for the Saline near Shawneetown within the State of Illinois
(after the adoption of the Constitution of that state )he was by his
then master as the name is stated in the deposition of " Robert
Frankhouseror the plaintiff
ouught above to his say or to be paid
plaintiff was a monthly hiring and that his there
remaining there at labor as stated in said deposition for two upon and such
hiring would does not entitle him to his freedom

To which refusal of the Court to give said instruc
tion asked by the said plantiff and to the giving
said instruction contained in the charge to the Jury
the plaintiff by his Counsel excepts and prays
the Court to sign and seal this his bill of exception
and that it be made part of the record
which is done

Will . C. Carr

filed April 28th 1831

A Gamble Clk

In the St Louis Circuit Court
Statue for Freedom

Vincent the above named plaintiff says he
has prayed an appeal from the Judgment
in said cause to the Supreme Court
& said plantiff on his oath says that his
application for said appeal is not made for the
purpose of or delay but because
this applicant truly believes he is aggrieved by
the Judgnment upon which said appeal
is prayed

Sworn to before
me this 16th of April
1832 A Gamble Clerk Vincent his X mark

Affidavit for an
appeal

filed April 16th 1832 A Gamble Clk Order for appeal entered Book 6
page 308

State of Missouri Sct. Supreme Court , Third Judicial District May Term 1833
Monday 17th June 1833

Appeal from St. Louis Circuit Court
Now at this day come the parties aforesaid by their respective
attorneys and all and singular the premises are by them submitted to the
Court and the court now here being sufficiently advised of and concerning
the same consider that the Judgment aforesaid in form aforesaid by the said
Circuit Court rendered be reversed and for nought held and esteemed, and it
is ordered by the Court that this cause be remanded to the said Circuit Court
for further proceedings therein in conformity with the opinion of this court
delivered at this term thereof in the case of Ralph against Coleman Duncan
and it is further considered by the Court that the said Vincent the appellant
recover against the said James Duncan the appellee his costs and charges
by him about the prosecution of his appeal in this case expended and that
he have thereof execution

State of Missouri Sct,

I, Joseph C Brown clerk of the Supreme Court for the Third
Judicial District of the state of Missouri do certify that the above and
foregoing is a true copy of the Judgement rendered by the said court in the case
of Vincent appellant aganist James Duncan appellee at the May Term thereof in
the year Eighteen Hundred and thirty three as the same now remains of Record
in my office.

In Testimony whereof I have hereunto set
my Hand and affixed the seal of the said
Supreme Court for the Third Judicial
District of the of State of Missouri at
office in the City of St. Louis this Twenty
second day of June in the Year of our
Lord Eighteen Hundred and thirty three. Joseph C Brown Clerk

copy of Judgement

filed July 2nd 1833 A Gamble Clk

Depositions of Witnesses produced, sworn, and examined
at the court house in the Town of Madisonville in the
county of Hopkins and State of Kentucky , before me,
Meredith Myers A. Justice of the peace in and for
the county & State aforesaid, in a certain cause
now depending in the circuit court of the county
of St. Louis , State of Missouri between Vincent (a man
of colour), who is plaintiff and James Duncan is deft
on the part of the deft. William Gorden of lawful
age, being produced, sworn and examined depo
-seth and sayith- Question for Deft were you
or not acquainted with a certain negro boy named
Vicent owned by Jesse Duncan and with
s.d Duncan if so State whether the said negro-
was hired in the State of Illinois in the year
1816, 17 or 18 or not Ans I knew the boy, & was well
acquainted with W. Duncan he moved to this
county in 1815 settled in the woods, cleared, land
raised crops of Tobacco, I would think the
force he had from the work that was done in
his place and my knowledge of his business
(as I was frequently there) that the boy was not
hired there during that time Mr. Duncan did
in 1818- And further this deponent saith not.

Wm Gordon

I Meredith Myers a Justice of the peace in and
for the county of Hopkins and State of Kentucky
do hereby certify, that William Gorden the depone
nt
was by me sworn to testify the whole truth
of his knowledge touching the matter in contro
versy in the cause aforesaid; that Deponent was
examined, and his examination reduced to writing
and subcribed by said deponent in my presence
on the 20th of August 1833 between the hours of 8
O Clock A.M. and 6, O Clock, P.M. at the courthouse in
in Madisonville into the county of Hopkins and State of Kentucky gives and certified the 20th of Au
gust 1833

Meredith Myer J.P..

Also the Deposition of Alexander Milley
taken at the same time & place named in
the caption to be read as evidence in the
cause. This deponent being of lawful
age and first duly sworn and examined on
the part of the Defendant, deposith and Saith
Question by Defendant. Were you or not acquainted
with a certain negro by named Vincent owned by Jesse
Duncan and also with said Ducan if so state whether
or not the boy was hired in the state of Illinois in the
year 1816, 17, or 18 and when Jesse Duncan moved to this
County. Ans I hird a near neighbor to Mr. Jesse Duncan
and was then very often. I know the boy well and

was well acquianted with Mr. Duncan . He moved
to this county in the fall 1815 and lived a near
neighbor to me until his oath which was in November 1818
I do not believe the boy was ever in the State of Illinois
at the lick until after the old man's death
Mr. Duncan had a blacksmith shop at his house
and I worked in the shop a good deal and had
an opportunity of knowing whether his negroes
were from home or not and am confident that
he Mr. Duncan let none of his negroes go
to the State of Illinois in his life time.
And further this deponent sayith sid.

Alex Miller

I Merideth Myers a Justice of the peace in and for the
County of Hopkins and State of Kentucky , do hereby cer
-tify that Alexander Miller the deponent, was
by me sworn to testify the whole truth of his knowl
-edge touching the matter in controversy in the
cause aforesaid; the deponent was examined, and
his examination reduced to writing, and subscribed
by said deponent in my presence on the 20th
of August 1833 between the hours of 8 O'clock A.M. and 6 O'clock P.M. at the courthous in Madison
ville in Hopkins County & State of Kentucky given
& certified the 20th August 1833.

Meredith Myer. J.P.

And further proceedings herein are continued
until 8 O'clock tomorrow morning. This 20th of August 1833.

Meredith Myer J.P.

Also the deposition of Henry Millen taken
on the 21st August 1833 and at the same place men
=tioned
in the caption to be read as evidence in the
same court this deponent buy of lawful ages and first
duly sworn and examined on behalf of the defendant
deposes and sayeth

Question by the defendant was you
or was you not living a neighbour to Jesse Duncan in the year of 1817 and 18 and wasyou not frequently there
and made acquainted with the sd. Duncan family

Answer I lived lived a neighbour to Mr. Duncan
at that time and was well acquainted with the family at that

Question by samee did you are not know Vincnet
a slave belonging to sd. Duncan

Answer I did.

Question by same do you know
any thing of this boy Vincent ever being hired
in Illinois during that time

Answer. No I believe he never was notfor if hired had
I should have known it as I was being a near neighbour
to Mr. Duncan

Henry Miller

And further precursory, upon

I Meredith Myers a Justice of the peace in and for
the county of Hopkins and State of Kentucky do hereby certify
that Henry Miller the deponant was by me sworn to tes
=tify the whole truth of his knowledge touching the matter
in controversy in the case aforesaid that deponant was
examined and his examination reduced to writing and subscribed
by Sd. deponant in my presence on the 21st August 1833 between the hours of 8 O'clock A.M. and 6 O'clock P.M.

at the court house in the town of Madisonville
in the county and state aforesaid given certified the 21st day of
August 1833.

Merewith Myer J.P.

And further proceedings herein are contained until
8 O'clock tomorrow morning this 21st August 1833

Merewith Myer J.P.

Also the deposition of George Wright taken
on the 22nd August 1833 and at the same place men=
tioned in the caption to be read as evidence in the
same cause this deponant being of lawful age and first
duly swornand examined on behalf of the defen
=dant
deposes are sayith

Question by defendant how long have
you known Jesse Duncan . Answer about fifty
years how Question by same how long since did did you know Vincent a slave belonging
Duncan . Answer Yes. Question by same how long
had you known this Vincent Answer forty odd years
Question by same was you acquainted with sd. Duncan family after became to Hopkins county Kentuc
ky and did you not live a neighbour to him during
his lifethe whole time he live hence. Answer I did.
Question by same What time did he come here and what
time did he die. Answer To the best of my knowledge
he moved here in the year 1815 and died in the face of
1818 Question by same did you ever know of sd.
Duncan living his boy Vincent during the time of 1815
16 - 17- and 18 inclusion in the state of Illinois
Answer I did not

Question by same was you acquainted with John
Steel was he a man of good or not and
what is the general opinion of him

Answer I was and I say he is a man of bad character
and for their reason he came here married into one
of the most respectful families in the county had
two or three children by the woman he married went
off and left him and the reaseon why he done so I dont know
whether he is constitutionally mean and that is the
general opinion

George Wright

I Meredith Myers a Justice of the peace in and
for ths county of Hopkins and state of Kentucky do hereby
certify that George Wright the deponant was by me sworn
to testify the whole truth of his knowledge touching the
matter in controversy in the case aforesaid that depo
=nant was examined and his examination reduced to wri-
ting and subscribed by sd. deponant in my presence on the
22nd August 1833 between the hours of 8 O'clock A.M and 6 O'clock P.M at the court house in the town of Mad
=isonville in the county and state aforesaid
Given and certified this
22nd day of August 1833

And further proceedings are contained until
8 O'clock to morrow morning this 22nd of August 1833

Meredith Myers J.P.

Supreme Court
Third Judicial District.

Be it remembered
that at a Supreme Court for the third Judicial
districk of the State of Missouri begun and held
at the city of St.Louis within and for said dis-
trict on the Second Monday of September in
the year of our Lord one thousand eight hundred
and thirty there is among the words of the
proceedings of said Court on which was
as follows.

Appeal from St. Louis Cir. Co.

And now at this day come the parties afore
said by their respective attornies and the Court
now him being Sufficiently advised of and
concerning the formed is consider that the judg-
ment aforesaid in form aforesaid by Circuit
Court produced be and for nought held and
esteemed, and it is ordered by the Court that the
cause he commanded to the said Circuit Court
for futher proceedings to the said Cause in Conformity with the opinion of this Court delivered
in this case, and it is further considered that
the said Vincent of the said James Dun-
can his costs and by him explainded in the
prosecution of his writ of Error herein explain-
ded, and that he have thereof Execution."

The opinion of the Court delivered in this case
as follows-

Error to St.Louis Cir . Court

This is an action for freedom under the Statue of this State brought
by Vincent against Duncan , the defendant plead-.
ed the general issue and that the plaintiff was
a slave on to both which pleas issue was joined, &
found for the defendant and judgement was given
accordingly. To this judgement Vincent has
brought up the case by writ of Error.

It was in evidence that the plaintiff had been hired
to labour at the Illinois Saline near Shawnee
town from the year 1817 till the year 1825 when
he was taken and carried bound to Kentucky that
he was the reputed slave of a family in Kentucky
by the name of Duncan ; That John Duncan and some
times the defendant were in the habit of going to
the saline aforesaid and hiring the plaintiff out
and receiving pay for his hire. That the plaintiff
after remaining these some time became disobedient
to James Duncan and discovered an unwillingness to go
to Kentucky with James Ducan and on some pre-
tence got permission of James Duncan to stay at
the Saline to and settle his affairs; that finally he
was taken and carried by force as above mentioned
that in 1826 he was delivered by John Ducan to
the defendant to be disposed of at the defendant's
pleasure that issue the plaintiff had been in St Louis
he had admitted himself to be the slave of James Dun
can. The Court instructed the Jury that by the
constitution of Illinois . The plaintiff might lawfully
have been hired at the Ohio Saline in Illinois from
year to year without being removed to any other
State at the end of each year without “working” his
emancipation.

2. If the Jury are satisfied that the owner of Vincent
residing in Kentucky desired to withdraw him
from the Saline and attempted to do so but was
prevented by Vincent that in such case Vincent can
not recover.

3. That under the ordinance of 1787 the bare fact
that Vincent wrought at the Illinois Saline from 1817
till 1825 does not work his emancipation.

4. That under the ordinance of 1787 the plaintiff
can not lawfully claim his freedom by reason of
any residence in Illinois which does not amound
to a permanent settlement and the acquistion of a
regular domicil there.

5. That the Constitution of Illinois is not and can
not be controlled by the ordinance of 1787 as to the
existence of slavery within that State.

6. That if the Jury shall be of opinion that the
plaintiff constantly down to the Fall of 1889 when
this suit was brought acknowledged himself a
slave such evidence is legal and valid and they may
found their verdict upon it.

These instructions are assigned for error.
1st By the Constitution of Illinois Negroes may be
hired to work at the Saline if they be not hired
for more than 12 months at a time.

If a negro were really hired to labor at the Saline
for five years the fact that the negro at the end
of each year was removedk over to Kentucky and afterwards brought back would not cure the fraud
We conceive then that if the negro were in good faith
hired there for one year only that at the end of the
first year he might be again hired another year
without being taken across the line of the State.

In this instruction then nothing wrong is seen
2nd If the owner of Vincent could lawfully hire his
negro for 12 months at the saline an involuntary escape
of his negro at the end of the year would hardly be
construed to cause a forfeiture, but it could hardly
be conceived that the evidence here given could
warrant such an instruction.

It rather appears that the negro was unwilling to go
and the master was unwilling to use force.

The instruction then is wrong.

3 Nothing can be conceived more vague than the
instructions here asked. The ordinance was made to
prevent the introduction of slaves into the territory
of which Illinois was a part. This court has
several times decided that if the owner of slaves
look them with him into Illinois with intent to re-
side there and did reside there keeping his slaves
it was a fraud on the ordinances and the slave be-
come free. If he stay in Kentucky and send his slave
over to Illinois to reside there it is equally a vio-
lation of the provisions of the ordinance The evidence
here is that his owner hired him to labor there.
Had the negro eloped from his master and gone over
to Illinois without his owners knowledge or consent
the case is provided for by act itself. The state
of the case did not warrat the instruction It
might mislead the Jury and is wrong.

4. The object of this instruction is not easily
perceived. It appeard to the court that a slave is
not capable of acquiring either a permanent settle-
ment or regular domicil by residence this instruction
is also unwarranted and erroneous.

5th This instruction is not erroneous

6th Any fact admitted by the plaintiff might
be given in evidence against him and he would be
reduced to the necessity of disproving such fact.
But whether he be a slave or not is a conclusion
of law from certain facts which may or may not
exist. Such an admission made even by a lawyer
would be no evidence.

This instruction was surely wrong.

The Counsel for the plaintiffs prayed the court
to instruct the Jury that if the plaintiffs resided at
the Ohio Saline as a laborer in the year 1817 by
the consent of his master he was entitled to his
freedom. This instruction was refused.

The constitution of Illinois was adopted in
1818 and it was in evidence that the plaintiffs

Kentucky
Hopkins County
Ss

It is hereby certified that Meredith Myer
Esq. on , the twentieth, twenty first and twenty
second days of August in the year of our
Lord one thousand eight hundred &
thirty three was and now is a Justice
of the peace within and for the County
and State aforesaid duly commissioned
and acting as such and that full
faith and credit are due to his
acts as such

In Testimony whereof I Sa
muel Woodson Clerk of that
County Court for the County
aforesaid ((the same being a
Court of record so constituted
by law) have hereunto sub
scribed my name
ed the seal of said County
the 28th day of August
1833.Sam: Woodson

for defor

Wm G GordonAlex Miller Harry millan George Wright

1834180133 years of age 1834

I wish you to case for the
tion of the sd negro slave if
he believes April 16 1832
Alex Roger you are

for defd.

Wm GordonAlex Miller Henry Miller George Wright

Opened filed Sept 25 1833

A Gamble Clk

Archibald Gamble Esq. Clerk of the
Circuit Courts for the County of St Louis
Missouri

Depositions for Deponant

County of St. Louis , sct. State of Missouri ,To the Sheriff of St. Louis County-Greeting

You are hereby commanded to summon Robert Duncan
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 Thirtieth day of
December at the City 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 Vincent is plaintiff and
James Duncan 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 Decr
in the year of our Lord one thousand eight hundred and thirty three A Gamble Clerk C.C.

Service this writ or the
within named Robert Duncan
on the 14th Decr. 1833 in
the City of St Louis

Jno
Servie 50 cts

1833

for

Robert Duncan 30th December for
Plaintiff

County of St. Louis , sct. State of Missouri ,To the Sheriff of St. Louis County-Greeting.

You are hereby commanded to summon Robert Duncan
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 ninth 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 Vincent is plaintiff and
James Duncan 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 22nd day of February
in the year of our Lord one thousand eight hundred and thirty four A Gamble Clerk C.C.

March Term 1834

for

Robert Duncan 18ninth of April for plaintiff

Executed this writ on Robert Duncan
in the city of St Louis March
1832;, John R Wilkin Shff

Service 50

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

We command you to attach Robert Duncan
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 ,
forthwith100 then and there to testify and the truth to say in a
certain matter of controversy, now pending in our said Circuit Court , between Vincent
is plaintiff and James Duncan
defendant wherein the said Robert Duncan has
heretofore been summoned on the part of the said plaintiff

Witness, Archibald Gamble , Clerk of our said Circuit Court , at
the City of St. Louis , this 15th day of April
in the year of our Lord, one thousand eight hundred and thirty four A Gamble Clerk, C.C.

Executed this writ & have the body
of Robert Duncan in open court

John K Walker
Shff
Service

In

Attachment
for

Robert Duncan
Suit

The State of Missouri County of Saint Louis SsTo the Sheriff of the Sounty of Saint Louis Greeting.

We command you to summon Eighteen good and lawful men
of your county that they be and appear before the Judge of our
Circuit Court now in session at the city of St Louis written and
for the county aforesaid on Wednesday the Sixteenth Instant
at the hour of Nine of the clock in the forenoon of that day then
and there to serve as Jurors in the case of Vincent against James
Duncan and have you then there this writ

Witness Archibald Gamble Clerk of
our said Circuit Court at Office this
Fifteenth day of April One thousand
Eight Hundred and thirty fourArchiblad Gamble Clerk

Executed this writ by Summoning the follo=
ing named persons to who are
good & lawful men of my county to
attend & serve as Jurors at the time
& place as by this writ I owe command
to wit

1 That to say John M Gillie Elbridge G Samours

2 John A Wm H Boyce Andrew J Husbands
Caloim Francis John Cowie Henry Becket John
Whitehill Henry Bowles Samuel Burks
Daniel Loyd Wm R. Lurpen Durham Spalding
Martin Simpson John Riggin Francis Layon

John K Walker ShffService $ 4.00

Venine

fee will 72.

We the Jury find the plantiff a slave

J.J Hawhame JrC.N. HawlneeJ. H. ReedB.W AlexanderWm B ReidJoh BlairJ.B. BeraisF L RidgelyJA AsklyA RainedChar Billam

1. By the Constitution of Illinois the plantiff might
lawfully have been hired at the this Saline , in
Illinois from year to year without being unmoved to
any other state at the end of each year, without working
his emancipation.
given

2. If the that the of Vincent residing
in Kentucky , desired to bring him home to Kentucky
& atten plea to do so but was prevented by Vincent
the plaintiff cannot recover.

2. Under the ordinance of 1787, the plantiff Vincent
cannot show himself entitled to his freedom by
proving that he brought at the Illinois Saline
from 1817 tell 1825
not given

3. Under the ordinance of 1787, The plantiff Vincent
cannot carefully claim his freedom by reason
of any residence in Illinois which in care
of a free but such residence as, in case of a
free man would amount to a settlement &
the acquisition of a regular domicil there
not given

4. The Constitution of Illinois is not & cannot be
controlled by the ordinance of 1787, as to the
existence of slavery in that state
given

6

March Term 1832

Introducing.

Points 1. Illinois had not the power to form a
constitution which could authorize
in that State in any shape
slavery cannon exist in Illinois in L
L Because the cause for by the ordinance of
&c which was to all for at
Law or seal Constitutions
3. The Constitution of Illinois shall such a
construction of as to make it & not repugnant to the ordinance
4 That according to the construction slaves
could have been legally hired at the
Ohil Saline but the exception in the sd Section
only to apply to such person
as was bound to labor by contrast or
Induenture
5 If the Illinois Slavery to a
limited the true sonstruction of its that
no slave should be hired at that place for
more than a year at a time

Instructions

rejected
1. If the Jury can recollect from the that the
plaintiff rase did at the Ohio Saline as a laborer there in
the year 1817 by consent of his master he is
entitled to his freedom

|given|
2) If the Jury can gram the evidence that
herewithplantiff was hired by his Master to remain at
the Ohio Saline in Illinois for more than one
year at any one time after the adoption of
the Constitution & he did Summon there more
than a year at a time the plantiff is
entitled to his freedom

|rejected|
3) If the Plantiff was disobedient to the person
to be claimed him as a slave & ran about
pretty much as he pleased while hired at the
Saline this does not prove that he was a
fugitive from labor

|rejected|
4 If consentthe plantiff proms. that he was sum
at the Ohio Saline almost daily for 4 years he
has made out a prema faine title to his freedom
& at his open the defendants to show that he left
the State of Illinois if he did so

The defendant moves the Court to instruct the jury

|given|
1. That by the constitution of Illinois , Vincent the plaintiff
might lawfully have hired at the public Saline
in Illinois , from year to year, until the end
of the year 1825 without was being removed to another state at the end of every term
without working his emancipation

|given|
2. If the Jury are satisfied from the evidence, that
the owner of Vincent , residing in Kentucky ,
was desirous of withdrawing said Vincent from the Illnois Saline, and attendattempted to Withdraw
him but was prevented by Vincent him
self, the plantiff cannot remove

|not given|
3.That if the residence of Vincent in Illinois
was by his own desire, or free consent
that residence cannot work his freedom

|given|
4. That under the ordinance of Congress
of 1787, the have past that Vincent
the plantiff brought at the Illinois
Saline , , from 1817 to 1825 one not work his emancipation

(given)
5. That under the ordinance of Congress, of
1787, Vincent the plantiff cannot lawfully
clam his freedom by reson of any residence
in Illinois which does not amount to a
went settlement, the acquisition of a regular
domicil there.

|given|
6. That the Constitution of Illinois is not &
cannot be controlled by the Ordinance of of 1787, as to the existence
of slavery within the Circuits of that State.

(given)
7. That if the jury shall be of opinion from the evidence
that Vincent the plaintiff, constantly down to the
Fall of 1829, when this suit was brought, such
evidence is legal validacknowledged him
=self a slave, such evidence is legal & valid
and they may found their verdict upon it.

|given|
8. If Vincent the plaintiff is a slave, though not
the slave of James Duncan the defendant he
cannot review in this action.

Instructions