To the Honorable the Circuit Court within and
for the county of
St. Louis a the judge Thereof
The petition of George a man of colour
commonly called George Relfe humbly whereto
that your said petitioner was born a
slave in
the state of Virginia the
property of an James
Duff and intermarriage of
one
James H. Relfe with the daughter of
said
Duff your petitioner was by his said master
given and delivered
to his said son in law
James H. Relfe
that said James H. Relfe
after his marriage
rended some time at
Wheely in Virginia
and removed thence
in the year 1815 and after
remaining
about one month at St. Genevieve in
Missouri , settled in the then territory now state of Illinois and resided
there about two years. where he again
removed and settled in Missouri where
he has ever since
resided your petitioner
further states
that from the time of the marriage of said James H. Relfe your petitioner
continued in the possession of said James
H. Relfe and was held by him as a slave
and resided within in Virginia at
and in Illinois during the whole
period aforesaid
your petitioner further represents that while
the
said James H. Relfe held and kept your
petitioner in Illinois (your petitioner being then about seventeen
years
of age) he said James H recognized
your
petitioner to be free and prevailed in him
your petitioner to bind himself
by a contract in writing to serve him said James
H until he your petitioner should
arrive
at the age of twenty eight years ; and the said James H . therefore
prepared a writing
or caused it to be done which he represented
to be of the effect aforesaid and your petitioner
confiding in the truth of said representation
and
being unable to read subscribed said paper
and your petitioner
has since learned that
said writing if valid would bring him
to serve said Relfeninety nine years
but your petitioner is advised that said
writing is utterly void in law and the
said
James H. Relfe has frequently admitted that
he could not hold your
petitioner is virtue
thereof and
according by about a year or more
ago he said James H . informed your petitioner
on that he was
free and suffered him to
go at
large and act as a free man
which your petitioner did for several
months where the said James H ., contrivinghow to
cheat your petitioner out
of the rights which he had acquired by
occasion of the premises prevailed on the said James
Duff his father
in law to reclaim your
petitioner and make
sale of him and
the said James Duff after having given
and
delivered your petitioner to
his
and son in law and suffered him to
remain in his uninterrupted possession
for a period of
thirty years. executed
as your petitioner
is informed and believes a
power of attorneyto D. Linn of St. Genevieve authorizing him to sell your
petitioner which
he accordingly did to
oneAugustus Jones
who sold him to one
Thompson H. Ficklin
which sales your petitioner is informed and
believes was made for the
benefit of said
James H. Relfe who
received the proceeds
In virtue of
which contrivances
the said Thompson H. Ficklin now claims your
petitioner as a slave and detains him
as such
Your petitioner upon the facts aforesaid
claims his freedom and prays
that he may
be permitted to sue as a free person to establish his freedom and that he may
have the protection of your honorable court
until the cause shall be
finally determined
according to the form of the statute in
such cases made And your
petitioner will
ever pray
George Relfe
St. Louis Circuit Court
In vacation July 5th 1829.
It is ordered that the within petitioner be permitted
to sue as a poor
person to establish his
right to freedom and Henry I Geyer is
hereby assigned to act as counsel for the petitioner
And it is further ordered that the petitioner
have reasonable liberty to
attend his counsel
and the court where
occasion may require ; and that the
petitioner shall not be taken or removed
out of the jurisdiction of the court nor be subject
to any severity
because of his application for
freedom.
Will C. Carr
Judge 3rd
Circuit
St. Louis July 7th 1828. Served the above
order on Thompson
H. Ficklin in the city of St. Louis by giving
him a certified
Copy thereof
R Simpson Sheriff
By
L. P. Simonds Jr. Dp. Sheriff
In St. Louis Circuit Court .
July Term 1828
George a man of color other wise called George Relfe by
Geyer his attorney complains of Thompson H. Ficklin
of a
plea of Trespass, assault & battery
& false
imprisonment For that the said
defendant on the fourth day of
July in the
year of our Lord eighteen hundred and twenty
eight with force and arms, made an
assault
upon the said plaintiff
to wit at the county of
St Louis aforesaid and then and there beat,
bruised and ill-treated him the said
plaintiff
and then & there imprisoned the said
plaintiff, and kept and detained him in
prison there without any reasonable or probable cause
whatsoever
and against the will of the said
plaintiff and then there held and detained
him the said plaintiff and still
holds &
detains him in slavery, and the said plaintif
avers that before & at the time of
the committing the
said severy grievances he was and still
is a free person - Wherefore the said
plaintiff
saith he is injured & hath sustained
damage to the value of five hundred dollars
& therefore he brings suit.
Geyer for plff
County of St. Louis State
of Missouri
To the Sheriff of St. Louis county Greeting
We command you to Summon Thompson H . Ficklin that he be and appear
before the Judge of our circuit
court at the next term thereof to be
held at the
city of St. Louis within and for the county of St. Louis on
the Fourth monday
of July Instant then and there to answer unto George Relfe of a plea of Trespass, assault and battery and false
imprisonment wherefore the said plaintiff
saith he is injured and hath sustained damage to the value of
four hundred
dollars and have you then
there this writ
Witness Archibald Gamble Clerk of our said court
at Office this Fifth day of July 1828 Archibald Gamble Clerk
Judgement in favor of plff Book 5 page 264
A. Gamble Clerk
No 64
St. Louis Circuit Court
July Term 1828
vs.
Thompson H Ficklin
Petition & order of Judge
Declaration one count assault
&
false imprisonment
to recover freedom 500
Issue a summons with
a copy of the Judges
in -
Geyer
Filed 5th July 1828 Archibald Gamble Clerk
the Copy of St. Louis , by
writ Declaration & petition to him
to read and his
acknowledging the service thereof
R. Simpson Sheriff
Service $1.00
By L Simonds Jr. Dp Sheriff
ads
George Relfe
And the said Defendant by his
attorney comes and defends and the force
and injury
when he and says that he
is not guilty of the
supposed trespass in
the declaration mentioned
in manner and form as the said plantiff
has
above thereof complained against him and of this
he puts
himself upon the county
H R Geyer
Setts
for Deft
ads
George Relfe
plea
filed December 1st 1828A gamble clerk
vs
Thompson H Ficklin
In St. Louis Circuit Court
Thompson H Ficklin the above named
defendant will take notice that I shall attend
at the office of the
Clerk of the Circuit Court
within & for the county of Randolph in the
state of Illinois on the second and third, ninth
and tenth days of
March next and then
and there
between the hours of eight of
the O'clock of the fore noon and six of
the
clock of the afternoon on each
of said days
taken the depositions of witnesses to be read
at the trial of the above cause on the part
of the
plaintiff
St. Louis 12th Feburary
1829. George Relfe
by H Geyer his attorney
State of Missouri , Washington County sct
Philip Cob being
duly sworn according to law deposith and saith
that on the eighteenth day of Febuaryinstant
he served Thompson H Ficklin the within
renamed
defendant with the by
serving him a copy thereof and with this
deponent with
P.Sworn to and subscribed before me
A justice of the peace
within and
for said county aforesaid this 26th day of
Febuary A.D. 1829Airs Hudspeth Justice of
the peace
Deposition of witnesses produced sworn and
examined on the twenty sixth day of February
in the year of our
Lord one thousand eight
hundred and twenty nine, between the
hours
of eight of the clock of the forenoon and
six of the clock
of the afternoon of that
day at the dwelling house of William
Cole
in the town of in the
county of Washington state of
Missouri
before me a justice of
the
peace within and for the county of
Washington aforesaid in a certain case
now pending in the Circuit Court of
the county of Saint Louis , in the
state
of Missouri , between George Relfe
plaintiff, and Thompson H . Ficklin
defendant, on the part of the
plaintiff.
James H Relfe of lawful age being produced
sworn and examined on the part of the
plaintiff, deposith and saith that he has
known since the
month of september 1815 a certain
negro man
named George , and believes him to
have been born a slave, the property
of James
Duff of Rockingham county Virginia at which
time to wit in the month of
september 1815 he came
into the
possession of the said deponent. This
deponent, has always considered and the said George .the property of Mr.Duff, but expected at his
andeath, the said George would be given to this
deponent or his family.
This deponent brought
said George to the county of Randolph
State of Illinois in the month of
January
in the year 1817 without the
knowledge
of Mr.Duff (When this deponent left Virginia
he expected to reside somewhere in the state
of Missouri ) soon after this deponent took
up his residence in the State of Illinois Mr.Duff
became acquainted with the fact
but this
deponent has no recollection of
giving him information thereof or that
be had taken George there. This deponent
removed from the state of Illinois to
the
state of Missouri in the month of November
1818 and at the particular request of
the
said plaintiff George he brought him
with
him. This deponent wished the said George to remain on this deponent's farm in Illinois . This said George continued to
reside with this deponent in Missouri until
the spring of the year 1827, when
after he had
made a second attempt to commit
murder on the family of this deponent,
this
deponent drove the said George from his
house, and informed
Mr.Duff of the
Circumstance, telling said Duff who is
the
father in law of this deponent, that
said George
was then running at
and declined
having anything further to do with him. Soon after the receipt of
this Letter by Mr. Duff, Mr. Duff forwarded to Dr. Lewis
F. Linn of
St . Genevieve a power of attorney to take up
George and sell him
as his property, and
to pay the proceeds of such to this
deponent Dr. Lewis F Linn therefore sold
said
George to Augustus Jones of Washington
County , and A. Jones this deponent
believes and has been informed sold the
said
George to Thompson H Ficklin the deponent
in the above action. In1817 this deponent
took an indenture for fifty
years on George
according to the Laws, of the state of Illinois
but this deponent never asked the permission his father in law Mr. Duff
nor does he
believe that Mr. Duff has any knowledge
of said indenture at this time
by plaintiff Witness you have stated that
George attempted to commit a murder in your
family, please state the
circumstances of that affair?
Case. This deponent believes it was an the
Month of March in the
year 1824he directed George the now plaintiff to go
with the train to plow a garden for a neighbor; some
time
in the course of the day George
advanced into the
room where the deponent and some company
were sitting with an axe elevated in a striking
position swearing he would kill the
rascal. This
deponent sprung towards him and with difficulty
avoided the blow. George then ran and was
followed by the deponent to the woods,
where
he lost sight of him. George
returned to the
house and endeavored to procure a furr, but
was prevented by a man of the neighbourhood
who happened to be in the house. The second attempt was made in the spring of
the
year1827, when early
one morning George came into the room took down
the furr. This deponent was shortly afterward
jarred by the cry of a negro woman
that George was going to kill Ned a negro man. This deponent followed George
who was in pursuit of
Ned in the
bush threatening to shoot him and when this
deponent asked George to give up the
furr
George pointed it at
deponent and threatened
to shoot until this deponent stepped back
This deponent was under constant anxiety for
his
family when absent from home on
account
of George , and nothing insured him to keep
him as Comp in his family, but for
the circumstance, that George was the son of an old
negro woman who had been the nanny
of Mr. Relfe; and to whom this deponent
had given a promise to keep George in
the
family.
by plff. How much
money did
. A Jones give Dr. Lewis F. Linn for
George ?
two hundred and fifty dollars
by plff. Has Dr. Linn accounted with
you witness for the proceeds of
George as sold to Jones ?
He has
by plff. at what time did
it become known to your father in law Mr. Duff, that you
reside in Illinois ?
Soon after this deponent arrived there
by
Defendant - Do you know the time
the
defendant Thompson H Ficklin purchased
said George
from Jones do you know of George informing
said Ficklin
or telling him that he had no idea of
of his being entitled to his freedom, & would serve Ficklin Defendant
as a slave if he the said
deft would buy him George and
what you heard George say about that time as his promise
to deft-before or afterwards purchase George ?
Deponent believes it was in the latter part of May
or first
of June last he was informed by George that Thompson H. Ficklin had purchased him from Jones , and that he was
to to be sold to Scott
and Rub of St. Louis , who was to put him aboard one of their steam boats, and if he conducted himself well for two years, he would
then be emancipated,
previous to that time George informed the deponent
that he
had abandoned the idea of getting his freedom.
James . H . Relfe .Sworn and subscribed to before
me on the day at the
place and within the house first a aforesaidAirs Hudspeth Justics
of the Peace
Mildred Relfe of Lawful age being properly sworn and
examined on the part of the plantiff
deposith and saith in answer to the following
interrogation that is to say
by plaintiff Witness do you know George the plantiff in the above action?
I do
by How long have you known
him ? Since his birth twenty
nine years
plantiff Was George born a slave if so
whose property was he ?
He was born
a slave and was the property of Mr Duff
the father of this deponent
Have you ever owned or possessed
Him ? If so how did you obtain possession, from whom,
for what purpose and on what
terms ?
my father Mr Duff observed to this
deponant
that he would make her a present of George
if she would take him home this was in September
in the year 1815Therefore George came to the
possession of this deponent and her husband James H. Relfe and continued
in possession from that
time until the
year 1827
Did you reside in the state of Illinois ,if so in what county and how long ?
Given Yes lived in Randolph County
Illinois
come there 3rd May 1817 and left there in the
month
of November 1818
Did George the plantiff live
with you in Illinois and how long?
He did the whole of the time this
deponent resided there.
Was it knownto your father
Mr Duff that you resided in Illinois , at the time
George was with you there, if at what
time
did it became known to Mr. Duff
your father
that you resided in Illinois ?
Mr Duff knew of our residing in
Illinois
shortly after this deponnent
and family came there
but the precise time when Mr. Duff
became thus
informed this deponent cannot state.
Where was George born ? In the state of Virginia county of
plaintiff, Where has George the above
Plaintiff resided in your possession? First in Virginia , secondly in Missouri ,
thirdly
in Illinois and fourthlyin
Missouri
by plaintiff What knowledge has Mr.Duff
had of the place of residence of George
the plaintiff.
from the family corrospondence Mr.
Duff must have known of the several removals
of this deponent, and also of Georges severals places of
residence.
by plaintiff Have any arrangements been
made
for the sale of George , if so to whom has he been sold, and how are the proceeds to be apportioned
and for whose
use?
This deponent has understood that
George was sold to A. Jones by Lewis F. Linn by power of attorney from Mr. Duff and that Jones sold George to Thompson H . Ficklin and that the proceeds of the sale of George
as sold by Dr.
Linn, were for
the use of James H.Relfe
the husband of
this deponent.
Mildred - RelfeSworn & subscribed to before me on the day
at the place and within the hours first afore saidAris Hudspeth Justice
of the Peace
I Airs Hudspeth A Justice of the Peace within and for the county
of
Washington in the State of Missouri do here by certify that
James H . Relfe Mildred Relfe the Deponents were
before me
Severally sworm to testify the whole truth of their knowledge
Touching the
matter in controversy aforesaid that they were
Examined and their
examination reduced to writing and by
hand Respectively, subscribed in my
on the day
between the hours
and at the place in that behalf first
aforesaid
Airs Hudspeth Justice
of the
Peace24th July 1829
Justice feesissueing subpoena18 3/42 certificates on notices505 certificates on Depositing25P T.McCabe2.93 3/4summoning withness50$ 3.43 3/4
vs
Thompson H. Ficklin
In St. Louis Circuit Court
Thompson H Ficklin the above named
defendant
will take notice that I shall attend at the
dwelling house of William Cole in the
Town of Caledonia in the county of
Washington , state of missouri on the twenty sixth
and twenty
seventh days of febuary
instant and then and there between the
hours of eight of the clock of the fore noon
and six of the clock of
the afternoon of
each of said days taken the deposition
of
Witnesses to be read at the trial of the
above cause on the part of the
plaintiff
Feburary 17 1829. George
Relfe
by Geyer attorney
State of Missouri
Washington County
Philip Cob being sworn
according to
him deposith and saith that
on the eighteenth day of
February instant
be served the accused a writ on Thompson H. Ficklin
the defendent by delivering him a copy thereof
and further the said P. Cob saith not
P. Cob
subscribed & Sworn to before me A Justice of the
peace within and for the
county aforesaid this 26th day of
febuary
A.D 1829
Airs Hudspeth Justice
of the
peace
vs Thompson H. Ficklin
notice
Issued & filed7 March 1827 A Gamble clerk Washington County
Entrait Louis Jesi Louis Louis
jes
and sent cerit
Je rapture a francois je hier legitme mariage je
a ete
yorty
Je certifie le present entrait confirme au
Louis
is