State of Missouri
St Louis county Ss

William O Briant being sworn
says that he is arguanted was the Damel a
Black man claimed us the slaue of
millen the this affeant knowns
that said millar the kept sand banul
same time as his shame in illinais state
land Danil was there as mar as i can
recollect in the spring about
and afterwards in the summer about
a fortnight during which time said
Daniel was principally employed at work
for said Mellvville & was occasionally
hired to labor for a third in Illinois this
affiant knows that Daniel was hired
by said Mellville to labor there to George
Bridges harvesting to & Buant
making thus and to sum making
thus the time whose referred to are last
spring of summer & said donid
sram this day sum on st louis

Sworn to and subscribed
before me this 14th day of
November AD 1834
Patrick Walsh Justice of the peace

To the circuit court of St Louis county
& state of Missouri

Daniel Wilson a man of color
by your petitioner states that he is now held
in slavery at St Louis in the state aforesaid
by Edmund Millard but your
petitioner states that he is entitled to his
freedom. The grievances of your petitioners
freedom are as follows in March AD 1834
said Mellvin settled permanently in the state
of Illinois at which place he kept your
petitioner with him as a slave putting him
to labor there & hiring him out for wages
for about a fortnight at a place near
Lebanon - your petitioner was then
sent to Missouri . and again in
July last your petitioner was ordered
back to the state of Illinois where he
was again hired out in that state for
wages by said Mellvin & kept there at
labor for about a fortnight when he
was again sent to Missouri
your petitioner for the reasons aforesaid
prays that he may be permitted to institute
suit as a poor person to establish his
freedom that counsel may be assigned
to him & that such orders may be
made in his liberty as his case & the
law requires

Daniel Wilson his X mark

Said petitioner Daniel on has oath says that
the facts in the above petition his stated are
true

Daniel Wilson his XmarkSworn and subscribed to before me this
31st day of March 1835 Patrick Walsh justice of the peace

St Louis Circuit Court March term 1835 Thursday 2nd April 1835

Harris L Sproat Esquire presents to the court the petition of Daniel Wilson a man of color praying
that he may be permitted to institute suit against Edmund Mellvin to establish his right to freedom
and that he may be permitted to sue as a poor person thereupon the court permit the said Daniel
Wilson to sue as aforesaid and direct that an action of assault and battery and false imprisonment be
commenced against the said Edmund Mellvin in the name of the said Daniel Wilson and assign said Daniel Wilson as his counsel and it is ordered by the court that the said Edmund Mellvin permit the
said Daniel Wilson to have a reasonable liberty of attending his counsel and the court, when occasion
may require it and that the said Daniel Wilson shall not be taken or removed out of the Jurisdiction
of this court and that he shall not be subject to any severity of treatment on account of his said
application for freedom

A True copy of the order of the court Archibald Gamble Clerk

No 10 July term 1835

petition of

Daniel Wilson filed April 2nd 1830 A Gamble clk

Entered Book 7 page 351

State of Missouri Circuit court third judicial dis-trict July term 1835St Louis
County ss

Daniel Wilson a man of colour by Harris his attorney
complains of Edmond Mellvin senior of a plea of trespass
assault and battery and false imprisonment for that heretofore
to writ on the first day of April eighteen hundred and thirty four
the said defendant with force and arms an assault did make
upon him the said plaintiff and him the said plaintiff did
then and there beat wound and iltreat and un lawfully imprison
and hath kept and detained him in prison there from the
day last aforesaid to this day contrary to the of the statute
in such case made and provided against the peace and dig-
nity of said state and the plaintiff that before and
at the time of the said several grievances he
was and still is a free person and that the Defendant
held and detained and still does hold and detain the
plaintiff in slavery

Wherefore the plaintiff says he is greatly injured
and hath sustained damages to five hundred dollars
and therefore he sues

Harris S. Atty for plaintiff

County of Saint Louis ssThe State of Missouri To the Sheriff of the County of Saint Louis
Greeting.

We command you to summon Edmond Mellvin 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 Saint Louis on the fourth monday of July next then and there to answer unto
Daniel Wilson a man of color of a plea of trespass, assault and battery and false imprisonment
wherefore the said plaintiff says he is injured and hath sustained damages to five hundred dollars
and haveyou then there this writ

Witness Archibald Gamble Clerk of our said Circuit Court
at office this third day of April in the year of our Lord
one thousand Eight Hundred and thirty five Archibald Gamble Clerk

Executed this writ by reading it and the declaration
affidavit and order of the Count to Edmund
Melvin on the 3rd day of april 1835 in the
County of St Louis

J Brotherton shff by M Brotherton D shffService 1. 00

No 10. Saint Louis Circuit Court
July term 1835

This is a suit for freedom 300
under the Statute - - -

Damages '3.00
The clerk will
please issue the process required
by law - - - filed 3rd april 1835

3rd april”

St. Louis Circuit court
July term 1835

And the said, defendant by
J Fielding his attorney comes and defends the force and
injury when says that he is not guilty of the as the said supposed assault and trespass above laid to his
charge in name and form as the said plantiff
hath above thereof complained against him and of
this he puts himself upon the county

J. Fielding
Atty for Deft

No10 July term 1835
St. Louis Circuit Court

plea
not guilty

J Fielding Atty filed july 14th 1855 A Gamble Clk

Circuit Court July Term
A.D. 1836

And the said
plaintiff in thisentitled
and for a

1. the on the a

2. the

3.
to the an In
that to

4.

5.
the the

To the Circuit Court
July term A.D. 1836

Suit for freedom
reason for new trial

filed 6th Aug 1836 John Ruland

Suit for freedom in St Louis
circuit court

The above named Daniel prays an appeal from the
judgement of said court to the Supreme Court
and he declares on his oath that his said appeal
is not made of visitation or delay but be cause
he verily believes that he is aggrieved by the judgement
of said circuit court.

Daniel his Wilson Xmark Sworn to & subscribed in open court
August 15th 1836 John Ruland clk

Affidavit for an appeal

Filed 15 Aug: 1836 John Ruland clk

Verdict of jury in case of Millrith

We the jury find the
defendant not guilty

Jn. Charles
freeman

Bill of exceptions

Filed 24Aug: 1836 John Ruland Clerk

Circuit court- July term
AD. 1836

Suit for freedom
Be it remembered that is the trial of the
above entitled case before said court, a jury
by sworn and
the proceeding accquisitions were read
on the part of the plaintiff (here the clerk said
defendant said depositions are exceptions and cer-
tificates) s. certain John was
then called in the part of the plaintiff, who
being sworm, testified as follows that he
said
that had charge of said Melvin's
children, that said Melvin being in
for the value of or charge for the schooling of
of
said children, He said Atchinson
send out and attached the proper-
ty of said Melvin to wit his horses & wagon; sold Atchinson
stated that said Melvin brought corn
to St. Louis which he said he had raised
on his farm in the state of Illinois ; and
fur there that said Daniel was about
some time - about a month he believes
in the summer of 1834 in the state
of Illinois
. The said plff having here
indeed his testimony, the said Deft
read in evidence the proceeding acquistions
(clerk will have in suit said deposition
the above
is all the evidence
that was laid before
the jury. The judge of said court then instructed the jury as follows (Clerk
will release him in the instructions)

After verdict in this case the plff
enteredhis motion and plea hisreasons
for a new trial in the following words
(clerk will have in sent the motion and reasons
for new trial). The said court rendered
said motion for new trial and to
the decision of the court members said
motion, said plffexcepts; which
exceptions is filed and sealed
and made part of the in this
case.

1. If the jury shall be of opinion that the defendant
hired out the plff as his slave residing in Illinois they shall
find for plaintiff.

2 If they shall be of opinion that the a of the that of
the plaintiff defendant
being a domiciliate resident of the state of
Illinois used the plaintiff as his slave therein
the state find for plff.

3 If the state find that the plaintiff voluntarily
went to the state of Illinois his habitual
place of residence being in the state of Missouri and
did as a the , of that the a of .

4 If the jury shall be of opinion that the defendant
in his only a the that state and of the though
such sojourn he used the plaintiff as his
slave.