In the Circuit Court for Saint Louis County &
State of Missouri

Your petitioner Judy otherwise called Julia Logan
states to said Court that she is justly
entitled to her freedombut that she is now held as a slave by Barry Meachum a man of
color in St Louis & is bound & imprisoned
in his Meachums house in St Louis is here she
is kept as she is informed & believes for the
purpose of being of sold & removed to some distant place your petitioner says that
about ten years ago she was the slave
of one Benjamin Duncan in Kentucky who
about that time sent your petitioner into
the state of Indiana & there hired her to
labor there in Indiana for about one
month. Your petitioner did labor there
in Indiana one month as aforesaid
when said Duncan removed your petitioner
back to Kentucky from where she was
sent to Missouri & sold to said Berry -
Meachum last summer said Meachum
permitted your petitioner to hire her
time on paying said Meachum
dollars per month and your petitioner
did hire herself to labor in the State of
Illinois for about one month at Galina with the full knowledge & consent of
said Berry Meachum she prays that she may be permitted to sue as a poor person to
establish her freedom that counsel may be assigned to him & such further orders may be
made as her security & the law requires

GA Bird atty
for the petitioner

Lewis Duncan a man of color on his oath
says that he knows the petitioner now claimed
by Berry Meachum - he knows she was hired
in Indiana by Berry Duncan as stated
in her petition aforesaid & he believes
all the facts stated in said petition are true

Lewis his x Duncan mark
Sworn to in open Court Dec 18th 1834
A Gamble clk

No 11
Saint Louis Circuit Court March Term 1835

Petition filed Dec 18th 1834

A Gamble Clerk

Petition presented- Counsel assigned & have to sueBook 7 page 305

State of Missouri Circuit Court Third Judicial
CircuitMarch Term AD 1835

Judy otherwise Julia Logan by Bird her attorney
complains of Berry Meachum of a plea of trespass assaults & battery & false imprisonment for that
the said defendantheretofore to wit on the
first day of March 1832 at the county
an plaintiff
then there
and her the said plaintiff then there
her
in therefore a Long span of term
to the day Last and
untill this term & other wrongs to the said
plaintiff then & there did against the peace
& the laws of said state. And said
plaintiff avers that before & the time of
the committing said several grievances
she was & now is a free person & the
said defendant held & detained & still
holds the plaintiff in slavery where the
plaintiff says she is greatlyinjured & hath
sustained damages to five hundred Dollars
& therefore she sues &c

GA Bird atty for plff

The State of Missouri County of Saint Souis SsTo the sherif of the county of Saint Louis Greeting

We command you to summon Berry Meachum that he be and appear before the judge of our
Circuit Court at the next March term thereof to be held at the city of St. Louis within and for the county of Saint
Louis on the fourth Monday of March next then and there to answer unto Judy otherwise Julia Logan of a
plea of trespass assault and battery and false imprisonment wherefore the plaintiff says she is greatly
injured and hath sustained damages to five hundred dollars and have you then there this writ

Witness Archibald Gamble Clerk of our said Circuit Court
at office this nineteenth day of December in the year
one thousand Eight Hundred and thirty four Archibald Gamble Clerk

St. Louis Circuit Court November Term 1834 Thursday 18th. December 1834

Gustavus A Bird Esquire presents to the Court the petition of Judy otherwise called Julia Logan praying that she may be permitted to
institute suit against Berry Meachum to establish her right to Freedom and that she may be permitted to sue as a poor person, thereupon
the Court permit the said Judy Logan to sue as aforesaid and direct that an action of assault and battery amd False imprisonment
be commenced against the said Berry Meachum in the name of the said Judy and assign Gustavus A Bird as her counsel
and it is ordered by the court that the said Berry Meachum permit the said Judy to have a reasonable liberty of attending
her counsel and the Court when occasion may require it, and that the said plaintiff shall not be taken or removed
out of the jurisdiction of this court and that she shall not be subject to any severity of treatment on account of her suit and application
for freedom

A true copy of the order Archibald Gamble Clerk

Executed this writ by reading it & the declaration
together with the copy of the order made by
the Honorable Judge of the circuit to
Berry Meachum the defendant in the city
of St. Louis on the 20th of December
1834

J Brotherton Sheriff
service '1.00

No 11 Saint Louis Circuit Court March Term 1835

Petition of assault & battery
& false imprisonment
suit for freedom under
the statute Damages ' 500
Please issue the process
required by law &
the orders of Court
Bird atty for

plff filed 19th. December 1834 Archibald Gamble Clerk

Petition presented in Courrt to sue - Book 7 - 305

County Of Saint Louis ,Sct.The State Of Missouri ,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 authorize and require you that you cause to come before you such person or persons as shall be named to you by Judy alias Julia Logan or by Berry Meachum his or her Attorney or Agent, and him or them examine upon his, her or their 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 Judy alias Julia Logan is plaintiff and Berry Meachum is defendant on the part of the plaintiffand having
so reduced the said depositions so taken by you as aforesaid into writing, you are required to send the same, to - gether 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 twelfth day of October in the year of our Lord one thousand eight hundred and thirty five Archibald Gamble Clerk C. C.

Copy of notice
Suit for freedom in the St Louis Circuit Court & State of Missouri

The said Defendant will please to take notice that on the
28th day of October instant at the Court house in and that of and also at the have of
Edmund Jennings in Troy Perry County and state of Indiana
between the hours of nine oclock in the fournoon & six oclock
in the afternoon I shall commence taking depositions
to be read in evidence on the part of the plaintiff
one the trial of said cause and I shall continue at the af said day to
day (omitting Sunday) between the same hours of each
day until the taking Same shall be
No depositions will be taken to the nature
given your on Saturday last October 12th 1835

Judy alias Julia Logan by
GA Bird her atty

This notice was served on the defendant12th Oct 1835 by leaving with him a copy of the above at St. Louis

Form of heading and assigning depositions
of the trespass taken before the undersigned a
justice of the peace within and for the county of
State of Kentucky at the court holden at Owensborough in said state and county on the days hereafter mentioned
at the end of each between the hours of
Nine O'clock in the Six O'clock in the afternoon
of each of said days to in evidence on the trial
of a cause pending in the Circuit Court of St Louis County
and state of Missouri and
is plaintiff and Berry is defendant
an the at the part of the plaintiff

A B of Lawful
on the part of the plaintiff and there
insert the statement of the The depositions must
bewritten by the justice or by some one in his presence
and must be subscribed by the at the foot
of each the magistrate must certify as
follows in the 28the day
of october 1835 A B

At the foot of all the depositionsmust
be a certificate as follows

I A B a Justice of the peace within
and for the county of state of
Kentucky do certify that the defendents
aforesaid there wantthesenames,werebymerespectfully
Sworn to testify the whole truth of their knowledge
touching the matters in controversy between the
aforesaid that their were reduced to
and by the departments respectfully subscribed in my presence
on the days between the hours and at the place
as above stated under my hand at
Owensborough aforesaid this day of 1835

A. B. J.P.

St. Louis Circuit Court

Clerk of the Circuit Court at St . Louis State of
Missouri

for plff by Mr CrowFiled & issued 2nd November 1835 Archibald Gamble Clerk

Depositions of witnesses taken before the undersigned a justice of the peace
nither & for the county of Davies & state of Kentucky at the court house
at Owensborough in said state & county on the days hereafter mentioned at
the end of each deposition between the hours of nine O clock in therefore
noon and six O clock in the afternoon of reach of said days to be made in
evidence on the trial of a cause pending in the Circuit Court of St. Louis
County and state of Missouri wherein Judy alias Julia logan is plaintiff
and Berry is Defendant on the part of the plaintiff.

Benjamin Duncan of Lawful age being produced sworn
and examined on the part of the plaintiff deposeth and saith
1 Question by Plaintiff Do you know a mulatto woman named Judy who
formerly belonged to Benjamin Duncan , father of Davis County ? If so,
please describe the age complexion .

Answer I knew a mulatto woman which only father Bery Duncan owned
and sold as was of said to James Newton about the year 1822 or 1823 as soon as I
can recollect I think she must be at this time about 30 or 35 years of age - Her complexion was when i knew her a bright yellow.

2nd Question by De. Do you know that said Judy was ever hired to labour in the State of
indiana? If so, please state who sent her there how long she laboured or
staid there - who was her reported master at that time and whether her reported
master either sent her there, directed her to be sent there, or appointed to her
being sent there to labour.

Answer I was young at the time Judy was absent from my father's and was said
to be in the state of Indiana but I saw her there and only know that
she was there from report or rumour; neither do i known of my own personal
knowledge by whom she was sent there she was absent i think between
20 and 30 days where it was said she was there - my father Benjamin
Duncan was her reported master so far as i know at that time but
whether he sent her to indiana or directed her to be sent or appointed
to her being sent there i am unable to state as i did not see
them start nor do i recollect hearing him say he had sent them
there.

3rd Question by De. Did you ever know Christopher Graham the father-in-law of your
father Benjamin Duncan ?

answer- I did.

Benjamin Dunican
Sworn and subscribed to the 28th Oct 1835 before me.

a justice of the peace within and for the county of
state of Kentucky do certify that the defendant aforesaid
Benjamin Duncan was by me 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
the defendant subscribed in my presence on the days between
the hours and at the place as is herein before stated

Given under my hand at Owensborough
aforesaid this 28th day of October 1835.

witness50

I John L McFarland clerk of the county Court of
County and state of Kentucky do Certify that the
above named H. A Hobbs before whom the foregoing
deposition was taken is and was at the time of taking
the sum a justice of the peace in for the county
aforesaid duly commissioned and qualified and that
his acts as such are entitled to full faith and credit

In testimony whereof I have hereunto
set my hand and affixed the official
seal of said county Court the 28th
day of October1835

John L McFarland

certifying and affixing seal50Tax on seal501.00

St Louis Cir . Court
Novr Term 1835

And the said Berry Meachum
by Drake his attorney comes & defends
the force & injury when he says that he
is not guilty of the supposed wrongsand
grievances above laid to his charge in manner & form as the said plaintiff, in
Complaining alleged against him and of
this he puts himself upon the country

C. D . Drake
Deft's Atty.

And for a further plea in this behalf the said
Berry Meachum says that the said Judy
alias Julia Logan ought to be barred and
precluded from having & maintaining
her action aforesaid against him the said
Berry Meachum , because he says that
the said Judy alias Julia Logan at the
time of the commencement of his action
aforesaid was & still is a slave, without
this that the said Judy alias Julia Logan
at the said time was a free person as in &
by her declaration is above supposed &
of this he puts himself upon the country

No 11
March term 1835

pleas

filedNov 10 1835 A Gamble clk

Judgment- book 8 page 24

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

You are hereby commanded to summon Louis a man of Color
that setting aside all manner of excuse and delay, he be and appear in proper person
before the Judge of our Circuit Court , on the24th day of Marchinst. 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 Judy , alias Julia Logan
is plaintiff and Berry Meachum
is defendant on the part of the
plaintiff - and have you then and there this writ.

Witness, John Ruland , Clerk of our said Circuit Court , at the
City of St. Louis , this 21st day of March in the year of our Lord one thousand eight hundred and thirty six Jn . Ruland Clerk, C. C.

Executed this writ by reading it
to the within Louis (a slave) on
the23 day of March 1836
in the county of the St Louis

service James Brotherton Shff M Brotherton D Shff

March Term 1836.

sub: for plff

Louis(a man of color) 24 march 1836

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

You are hereby commanded to summon
James C.Essex that setting aside all manner of excuse and delay, he be and appear in proper person
before the Judge of our Circuit Court ,forthwith at the city of St. Louis , then and there to testify
and the truth to say in a certain matter of controversy now pending in our said Court,
wherein Julia Logan alias Judy is
plaintiff and Berry Meachum
is defendant on the part of the plaintiff and have you then and there this writ.

Witness, John Ruland , Clerk of our said Circuit Court , at the
City of St. Louis , this 24th day of March in the year of our Lord one thousand eight hundred and thirty six John Ruland Clerk, C. C.

Served this writ by reading it to
James C Essex on the 24th day of March
1836 in the county of St Louis

service 50

James Brotherton shffBy M Brotherton D shff

24
March term 1836

vs

Berry Meachum
summon James C. Essex plff

We the jury are of opinion
that the plaintiff in the above
case is entitled to her freedom
and issue the damages at one Dollar

st Louis Circuit Court
March term 1836

Reasons for a new Trial

Because on the trial of the above case
Lewis a man of color was admitted &
testified as a witness, when, though the defendant was a man of color, one James
Newton a white man
was and still is interested in the
event of this suit, because in the bill of
sale given by him of the said Judy to the
said defendant is a clause binding
the said Newton to defend the said
Meachum in the quiet & peacable pos-
session of said Judy against any other
claims. And the said defendant, there
fore contends that though the said
Newton was not a party of record he
was a party in interest, and being a
white man, the said Lewis ought not
to have been admitted to testify.

C. D . Drake
Deft's Atty.

Reasons for for new trial

Filed on open court March
25th. 1836 Jn . Ruland Clerk

Charles D Drake being
swornon his oath says that
on the trial of the above case

he acted as atorney for the defendant.- That
previous to the time of trial he did not know
or suspect in the slightest degree that a person
of color was to be introduced as a witness and
that when Lewis a man of color was brought
up as a witness he was wholly by surprize.
This affiant further says that not supposing
that any person of color was to be brought
forward to testify, he was unable to produce
in court on he trial a bill of sale from
James Newton a white man to the defen-
dant Berry Meachum
of the said plaintiff Judy , which said bill
of sale this affiant had heard of but never saw until after the trial and which con-
tains a of warranty of title of said slave & pur-
ports to be for the consideration of five hundred dollars
dated since the pretended residence of the plaintiff
in Indiana & probably some time in the year
1833. This affiant therefore saith that this suit is substan-
tially therefore between Judy & James Newton the
maker of said Bill of sale with warranty to Berry
Meachum as aforesaid & further that this affiant
was employed to act for defendant in their case
by said Newton through his agent.

Chad D. Drake Sworn to in open court
April 9. 1836 John Ruland Clk By Dpty J.D. Johnsten

affidavit

Filed April 9th 1836
John Ruland clk

Berry Meachum being duly
sworn on his oath saith that he prays
an appeal in this case from the judgment
of the Court: which appeal is not made
for vexation or delay, but because this
affiant believes that he is aggrieved by the
judgment of this Court.

G B MeachumSworn to & subscribed in open
court April 4th 1836 John Ruland clerk

Filed april 14th 1835

John Ruland Clerk

In the St Louis Circuit Court
March Term 1836

Be it remembered that on the trial of
this cause, one Lewis a man of color, was admitted to
testify on behalf of the plaintiff, and gave in evidence
that about nine or ten years since the plaintiff, Judy
was sent by Benjamin Duncan , her then owner, from
Daniels county State of Kentucky , into the state of Indiana ,
where she remained about four weeks with the knowl
edge and consent of the said Benjamin Duncan . That while
there, she remained in the family of Edward Jennings and
that the said Benjamin Duncan told him, the said
Lewis , that said Daniels had paid him for the ser-
vices of Judy , while she remained in the said state of In-
diana. Said Lewis further testified that the said Benjamin Duncan
Duncan, after the time when the said Judy was in In-
diana, sold her to
one James Newton, who sold her to the present defendant Berry Meachum .

The plaintiff also read in evidence the following
depositions. (Here insert them.) Upon this evidence
the jury found a verdict that the plaintiff was en-
titled to her freedom, and assessed the damages
at one dollar, and the court entered judgment
accordingly.

The defendant within the legal time moved
the court to set aside the verdict and grant a new
trial for the following readers in writing and on
the following affidavit; (here set out the written
reasons and the affidavit) which affidavit
was read on hearing of said motion, but the
Court overruled said motion: to which opinion
of the Court overruling said motion, the defendant
by his counsel excepted, and prays the court to sign
and seal this his bill of execeptions, which is done
accordingly this 14th day of April 1831.

After the above evidence had been given in the
above case, the counsel for the plaintiff offered to
continue the above case as well as another of a simi
lar nature, to which deft's counsel did not consent.

Bill of Exceptions

Filed April 14th 1836
John Ruland clerk

1st If the jury shall be opinion that the plaintiff was
sent by her owner and her master, or brought by her mother to the state of with the
that the should for any term, , and that the plaintiff did
there and while there was used and the
her said and that
did place by
a a through said state of to be made by said to a state the find
for the the plaintiff

2. The measure of damages in this case will be
the heir of the plff and on the other the value to the
of the Defendant a
to damages

In the supreme court

This was a suit for freedom brought in the
circuit court of saint Louis county by Judy alias Julia
Logan against Berry Meachum a free man of
color who held her in slavery. Upon the trial in the
court aforesaid a man of color by the name of Lewis
was produced as a witness and testified on behalf of
the said Judy . No objection was made to his competency
at the time. A verdict and judgement were rendered in favour
of the said Judy and a new trial applied for by the said
Meachum is counsel on the ground that he had been taken
by surprise by the introduction of Lewis the colored witness
aforesaid. The court overruled the motion and refused to
grant a new trial, for which refusal, the case is
brought to this court by a writ of error.

Did the circuit err in refusing to grant a new
trial?

1st The suit is property brought according to the act of the gene-
ral assembly of the state of Missouri "to enable persons
held in slavery to sue for their freedom”. See statutes
of MO: edi: of 1835 page 286 sec : 9.

2. Lewis the colored witness aforesaid was competent accor-
ding to the act of the General assembly of the state
of MO: in violation to witnesses. See same statutes
page 624 see: 19.

3. The power of the court to grant new trials being
they trials being discretionary
they will not exercise it for the purpose of excluding compe-
tent testimony.

4. The court will not grant a new trial to let the party
into a of which he was at the first trial. 118. also
15 John: Res: 293. William vs Baldwin 18 1stJohn: Res: 489.
Meyer vs Mc Lean 509.

W.Risque