Lewis a man of
Color
vs
James Newton &
Jacob Cooper
petition.

filed march 25th 1835
and order made A Gamble clk

To the Circuit Court of St Louis County March Term
AD 1835 State of Missouri

Your petitioner Lewis a Man of Color respectfully
states - that in the fall of the year Eighteen Hundred
& Twenty Two as near as your petitioner can recall it
he was the Slave of Benjamin Duncan of the State
of Kentucky & said Benjamin Duncan then caused
your petitioner with his brother Ben & Several
other Slaves to be sent from the State of Kentucky
into the State of Indiana & there hired to Labor
& that said Benjamin Duncan caused -
your petitioner & said other slaves to be hired
to labor in the State of Indiana in the year
last aforesaid for at least six weeks at a
place called Troy - Said Benjamin Duncan
took your Petitioner from the State of
of Indiana to the State of Kentucky and
soon there after sold your petitioner to one
James Newton & Said James Newton brought
your petitioner to St Louis where he now
holds your petitioner & claims him as his
Slave - Said Newtons Residence is in Kentucky
but your petitioner has for some time past
been hired to Jacob Cooper Said Newton
has now arrived in St Louis & has time his
arrival here been endeavoring to sell your
petitioner as his Slave Your petitioner is
informed & believes that Said Newton
Sent your petitioner to Missouri to prevent
his getting his freedom & that he now
intends to send your petitioner out of this
State for the same purpose. Your petitioner
Says he is entitled to his freedom for the
reasons aforesaid & that two of the Slaves
which were sent to Indiana by Said
Duncan at the same time your petitioner
said & obtained their freedom in
consequence of there having been sent into
Indiana & there hired to labor as before Stated
Your petitioner prays that he may be permitted
to sue as a poor person to establish his freedom that
counsel may be assigned to him & that such
further orders may be made in his behalf as
his personal Security & the law requires

Louis his Mark

Louis the above named petitioner on
his oath says the facts in the foregoing petition
stated are true

Louis his MarkSworn to and subscribed
before me this24th day of
March A. D. 1835. Patrick Walsh
Justice of the peace

Saint Louis Circuit Court - March Term 1835Wednesday 25th March 1835

Gustavus A Bird Esquire presents to the Court the petition of Lewis a man
of Color praying that he may be permitted to institute a suit against James
Newton and Jacob Cooper to Establish his right to freedom and that he maybe
permitted to sue as a poor person - thereupon the Court permit the said Lewis to due
as aforesaid and direct that an action of Assault and battery and false im-
prisonment be commenced against the said James Newton and Jacob cooper
in the name of Said Lewis and Assign Gustaves A Bird as his Counsel
And it is ordered by the Court that the said James Newton and Jacob Cooper
permit the said Lewis to have a reasonable liberty of attending his counsel
and the court when occasion may require it - and that the said Lewis the
plaintiff 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 Archibald Gamble Clerk

State of Missouri Circuit Court Third Judicial July Term 1835

St Louis County Ss- Lewis a man of color complains of
James Newton & Jacob Cooper of a plea of trespass assault &
Battery & false imprisonment for that heretofore
to wit on the first day of March in the year
of our Lord Eighteen hundred & thirty four at
St Louis in said County the said Defendants
with force & arms an assault did make upon
the said Lewis & him said Lewis did then &
there beat wound & ill treat & him the said
Lewis did then & there imprison without any
lawful or probable cause whatever &
have kept & detained him so in prison there
from the day last aforesaid to this day-
and Said plaintiff says that at & before the
time of committing the said Several grievances
he was & Still is a free person & that said
defendants have held & detained & still hold
& detain said plaintiff in slavery for
the plaintiff says he is greatly injured & hath
sustained Damages to five hundred Dollars &
therefore he sues.

G A Bird Plffs atty

The State of Missouri
County of Saint Louis ss;To the Sheriff of the County of Saint Louis
Greeting

We command you to summon James Newton and Jacob Cooper
that they 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
Louis a man of Color of a plea of Trespass Assault & Battery & false imprison-
ment to the damage of the said plaintiff of five Hundred Dollars
and have you then there this writ

Witness Archibald Gamble Clerk of our Said
Circuit Court at Office this twenty fifth day of
March in the year of our Lord one thousand
Eight Hundred and thirty five Archibald Gamble Clerk

Executed this writ by reading it & the declaration
Affidavit and order of the Honorable Judge to
Jacob Cooper on the 24th and to James Newton
on the 20th day of March 1835 in the County
of St Louis

Service $ 2.00 J Brotherton & Shff
by G Hammond Dept

No 7 Saint Louis Circuit Court
July Term 1835

Lewis a man of Color
vs
James Newton &
Jacob Cooper

Suit for Freedom
under the statute
by order of St Louis
Circuit Court Dam $500
The Clerk will please
issue the -
Required

G A Bird
Plffs attyFiled 25th March 1835 Archibald Gamble Clerk

St. Louis Circuit Court
July Term 1835.

And the said James Newton by C. D. Drake
his attorney comes & defends the force & injury
when he & says that he is not guilty of the supposed
wrongs & grievances above laid to his charge in
manner & form of at the said plaintiff had
above in complaining alleged against him
and of this he puts himself upon the Country
&c

C. D. Drake
Atty for deft

And for a further plea in this behalf the said
James Newton says that the said Lewis ough
to be barred and precluded from
having & maintaining his action aforesaid
against the said James because he says
that the said Lewis at the time of the com-
mencement of his action aforesaid was &
still is a slave, without this that the said
Lewis at the said time was a free person-
as in & by his declaration is above suppose
and of this he puts himself upon the Country
&c

C. D. Drake
Atty for deft

Judgment of liberation - book 8 - page 144

Clerk Gamble's fees $ 3.01
fee book - 220

No7
July Term 1835

James Newton
Jacob Cooper
ads
Lewis a man of Color.
Pleas

1. Not Guilty
2. In bar, that deft was a
Slave.

Filed July 14th 1835 A Gamble Clk

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
Louis (a man of Color)
or by James Newton or Jacob Cooper his or their

Attorney or Agent, and him 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
Louis (a man of Color) is
plaintiff and
James Newton and Jacob Cooper
are defendants on the part of the
plaintiff and 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.

The nature in this case is in the same form as the
thus served on the defendant on the tenth of
October 1835 The taking of the depositions to commence
at haraugh Dames County Kentucky by the 26th day
of October 1835 between the hours of Nine October
A M. & 6 Oclock P M. & to be continued from
day to day between the same hours of each day
untill completed

In case Stands for trial Novr 18th 1835
Louis case 23d
Let the Depositions be sent by mail
as soon as may be unless a safe
private conveyance can be had

Louis (a man of Colour)
vs
James Newton or Jacob Cooper
St Louis Circuit Court

Clerk of the Circuit Court at
St Louis State of
Missouri

Defendant

by
Mr. Crow.

Filed & opened 2nd November 1835 Archibald Gamble Clerk

Depositions of Witnesses taken before the undersigned a Justice of the Peace
within & for Daviess County & State of Kentucky at the Court House at Owensboro
in State & County on the days hereafter Specified at the end of each Deposi-
tion between the hours of Nine O Clock in the forenoon and Six O Clock in the after-
noon of each of said Days to be read in evidence on the trial of
a Cause pending in the Circuit Court of St. Louis County & State of Missouri
wherein Judy Alias Louis (a man of Color is Plaintiff. and James Newton or Jacob Cooper is defend-
ant - on the part of the Defendant-

I William Newton of Lawful Age
being produced Sworn and Examined on the part of the Defendant
deposeth and saith-

1 Question by Defts.- Were you acquainted with Benjn Duncan
formerly of Daviess County Kentucky . The owner of Judy
in this action.

Answer I was

State all the information you have on the subject of
his having sold all his Negroes Slaves to Christopher
Graham what you heard Duncan say on the subject
and the circumstances attending it-

Answer- Benjn Duncan- was a Candidate for the Legislature in this County in
the year 1821 or 22 and I believe was charged with having made
a Sale of his Negroes fraudulently to defraud his creditors - In a speech
before the people which he Beryn Duncan made on the subject he
declared that he had made the sale of his negroes in good faith
for the purpose of paying off his debts and for the benefit of his
creditors and not to injure them - I was appointed Sheriff
of Daviess County in 1823 and was very intimate with Benjamin
Duncan and had one Execution or more in my hands against
him at or about the time of his death and he told me then that the
sale of his negroes to Graham was made in Good faith and
to Pay his debts and that he wanted to keep his negroes together
and Prevent their being Scattered.

Question by D: Do you or do you not know that the money
received for the sale of Judy was appropriated to pay
off Executions in your Hands. as Sheriff of Daviess
County - against Benjamin Duncan

Answer. I know the said Money was so appropriated.

Wm NewtonSworn and subjected to the 28th Oct. 1835H. A. Hobbs J.P.

I H. A. Hobbs a Justice of the Peace within & for the County of Daviess
& State of Kentucky do Certify the Deponent aforesaid William Newton
was by me Sworn to testify the whole of his Knowledge touching the
Matters in Controversy between the Parties aforesaid that his ex-
amination was reduced to writing & by the deponent Subscribed on the day
between between the hours and at the placed as is above or herein before
stated.

Given under my hand at Owensborough
aforesaid this 28th day of October 1835.H. A. Hobbs J. P. Justices fee $ 1.

I John S. McFarland Clerk of the County Court of Daviess
County & 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 same 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 Audit

In Testimony Whereof I have hereunto
Set my hand and affixed the official
Seal of said County Court the 28th
day of October 1835John S McFarland Certifying & affixing Seal 50. Tax on Seal
50 1.00 paid

The Deposition of Wm. Newton taken
at the House Edmond Jinnings in the
Town of Troy Perry County & State
of Indiana on the 26th day of Oct.
1835 to be read as evidence in a suit
now depending & undetermined in the
St. Louis Circuit wherein Lewis a man
of Colour is plaintiff & James Newton
& Jacob Cooper are defendants on the
part of the Defendants the deponent
being of Lawfull age & first duly &
Sworn deposeth

Question by Defendant James Newton
was you or well aquainted with Ben-
jamin Duncan of Davis County ky a
about 1821

Answer I was
Question did you ever hear him say
that he had given a Bill of sale to
Christopher Graham for all of his
negroes &. I if you did please State
what you heard him day on the sub-
ject

Answer

I did in the summer 1821 heare him
Publickly say that he had sold all of
his negroes to Christopher Graham
that he had been charged with ma
-king a fraudulent sale for the purprouses
of defrauding his creditors which he
did not & said he had sold them
in good faith and that he done it
for the purprous of inabling him to
pay his debts he also told me pri-
vately that he had sold them to said
Grayham to inable him to pay his
Debts & to keep them negroes from
Being scattered and that Graham had
agreed to let him have the Negroes &
Back if he would pay of certain debts
that sd. Graham was bound for with said
Duncan Question do you know whether
he ever did pay them debts and if so
where did he do it

Answer, I do not know whether
he ever did say them but suppose
he did by his offer to sell same of the
Negroes to mee in the year 1823

Question by Defendant
Do you know when I purchased Lewis
& Jude from from Benjamin Duncan

answer

I am not certain what time but
it was in the year 1823 & 1824
Further this Deponent saith not

Wm Newton

I Edmond Jennings a justice of the peace
of perry county state of Indiana do
heareby certified that the fore going
Deposition of aWm. Newton was ta-
ken subscribed & sworn to at the place
& for the perprous stated in the
thereof given under my
this 26 day October 1835

Edward Jennings Close the fare going
Deposition half after
5 o clock P.M Cost of
$-11 paymentEJennings

The Clerk of the St Louis
Circuit court

Lewis
vs
James Newton
Depo

Filed & opened on 2nd November
1835 Archibald gamble Clerk Defendant

Lewis
vs
Newton & Cooper
Affidavit for
continuance
filed Nov 14 1835

A Gamble

Gustaves A Bird on his oath
says that he is the attorney for said Lewis , that
when he brought this suit he believed from the
best information he could get that said Lewis
& a woman named Judy brought to Missouri
by James Minton were to there freedom
In consequince of there having been hired to labor
by there former master Benjamin Duncan in
the State of Indiana . This affiant was informed
by a Mr Bayee whom this affiant knows as a
worthy & truthful man that Newton stated to
him that Lewis & Judy claimed there freedom
in consequence of their residence in Indiana &
that he had brought them to Missouri to present
there suing for freedom. This affiant is informed
& believes that two of the Negroes of Benjamin
Duncan who was sent to Indiana where Lewis
& Judy was for that cause recovered then
Freedom. In Judys case which was for trial last
Term this affiant gave notice of taking Depositions
at Owensborough Kentucky took act a Dedimus
wrote particularly whom to summon and examine
as witnesses & enclosed the Dedimus instructions to to
a Mr Triptall a Lawyer of that place
no notice was taken of this communication
by Mr Triptall - this affiant again took out
commissions & gave notice of taking Depositions
in Kentucky - and wrote particular instructions
whom to have examined namely- the children
of Benjamin Duncan a Mrs. Morton & he
who acted as sheriff of Daviess County Kentucky at
the time Duncan Sent his negroes into Indiana
which this affiant understood was a notorious fact
there
This affiant put down questions which he wished
asked the witness enclosed Ten Dollars & handed
the commissioners instructions to to a Mr of
this place who was about passing by Owensborough
who agreed to leave the packet with the same
justice of the Peace Mr as affiant is
informed barely state at Owensborough & left
the packet in the past office they fell into
the hands of the Justice of the peace who
proceeded only to take the Deposition of our
witness for Plaintiff and one for Deft
did not as he informed me think it best
to ask all the questions for a freedom

G A Bird Sworn to Nov
14 1835 A Gamble Clk

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

You are hereby commanded to summon
Jacob Cooper, Peter E. Blow, & Horatio N. Cross,
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 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
Louis (a man of Color)
is plaintiff and James Newton
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
22nd, day of March
in the year of our Lord one thousand eight hundred and thirty
six. Jn. Ruland Clerk, C.C.

Served this writ by reading it to the within
Named persons on the 23rd day of March 1836 in
the county of St Louis

J Brotherton Shff
By G. Hammond Depty Service 1.50

March Term 1836

Louis (Man of Color)
vs
James Newton

Sub: for Plff

Jacob Cooper
Peter E. Blow &
Horatio N. Cross18 July for 29 March '36

Lewis Newton
vs
James Newton

affidavit for continuance

Filed
29th March 1836 John Ruland Clerk

Said Louis says on his oath
that he has a good & just cause for obtaining
his freedom in said suit he refers to the affidavit
of Gustavus A Bird heretofore made in this
cause to shew the and he has made to procure
his evidence in said cause This affiant says
that Peggy Morton Living at the yellow Bank
in the State of Kentucky is a Material
Witness for him & by her he can prove that
Benjamin Duncan Some Nine or twelve
years ago was the Master & owner of this
affiant & claimed him as his slave that said
Duncan then to prevent your affiant & other
slaves from being on an Execution
sent your petitioner & them into the state of Indiana
& there caused him to be hired out to Labor
for sixweeks with one Isaac__ Wright
who lives near Fray in Indiana Those facts
were known to Many persons but this affiant
does not now know where to find any person
by whom he can prove said facts except
said Peggy Morton aforesaid & Edmond
Jennings living at Fay Indiana & said Wright
Yet he believes that if he could procure some
further agent to go to Davis County
Kentucky to Fay Indiana he could obtain
sufficient evidence to obtain his freedom
your petitioner states that since the commencement of
his suit he has been all the while in there under
the contract of the Defendant or hired out
by the sheriff that this affiant has not had
the benefit of his labor — that he had
hoped that some friend would have furnished
him with money sufficient to procure his
depositions to be taken in Kentucky and
Indiana & to employ same faithful agent
to do it for him but it has as yet been
utterly beyond his power to do either or
scareely to procure himself comfortable —
clothing & he further says that Joseph
has so much confidence
in the justice of his cause & the integrity of
your affiant that he hasengaged
that if this affiant can procure a continuance
of his cause they he will furnish the funds
necessary for the taking his depositions in
said cause in Kentucky & Indiana & to
employ some suitable person to attend to
the taking of them and this affiant believes
he can procure the testimony of said
Peggy Morton Issac_ Wright & Edmund
Jennings by the next Term of this court
This affidavit is not made for us action
or delay but that Justice may be done

Sworn to & Subscribed in open court
this 29th March 1835 John Ruland Clerk
Lewis X Newton
his Mark

Louis a man of color
vs
James Newton

Suit for freedom In St
Louis Circuit Court State of
Missouri

The above named defendant & his attorney of
Record Charles D DrakeEsqr will please to take
notice that Depositions will be taken in said
cause on the twentieth day of Juneinstant between
the hours of nine O clock A M & 6 O clock P M.
at the plans here the mentioned to wit at the
office of Edmund Jennings in TroyCounty of
> and State of Indiana and also at
the Court house in OwensboroDavisCounty & State
of Kentucky and the taking of said Depositions
with be continued at eachplan from day to day
between the same hours of each day untill completed
on the part of the plaintiff

G A Bird atty for
PlffJune 1st 1836

No 7
July Term 1835

Louis
vsNewton

Notice of taking
Depositions

Filed 2d June 1835 John Ruland Clerk

Served this notice by delivering a true
copy thereof to Charles D Drake on the
1st day of June 1836 in the county of
St Louis James Newton not found in
my county

James Brotherton Sheriff
By M Brotherton D Shff Service 50

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

You are hereby commanded to summon
Jacob Cooper, Peter E. Blow &
Horatio N. Cross.
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
18th July
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
Louis (a man of Color)
is plaintiff and
James Newton
is defendant on the part of
the
plff and have you then and there this writ.

Witness, John Ruland , Clerk of our said Circuit Court , at the
City of St. Louis , this 29th day of
June
in the year of our Lord one thousand eight hundred and thirty
six Jn. Ruland Clerk, C.C.

July Term 1836

Louis (a man of color)
vs
James Newton

Plff

Jacob Cooper
Peter E. Blow &
Horatio N. Cross 18 July

Served this writ on Jacob Cooper on
the 7th day of July 1836 in the city of
St Louis Peter E Blow not found in
my county

James Brotherton Sheriff
By M Brotherton D Shff Service $ = 50 nonest 12 1/2 62 1/2