To, the Hon Luke E.Lawless Judge of the St. Louis
Circuit Court .
The Petition of Jack a man of color represents that
he was formerly the slave of Harrison Winn who
resided in Virginia : That some twelve or fourteen
years ago said Winn removed from Virginia bringing
his family with him, and also your petitioner
there his slave. That said Winn brought your
petitioner to Illinois and hired him out in Shawneetown
for about a month, under which
hiring your petitioner worked; that immediately
afterwards said Winn went from Shawneetown
some
distance into the interior of the State of Illinois
where he resided about two months longer holding
your petitioner as a slave and hiring him
out to work by the day and receiving the
wages of such hiring that such residence of
said Winn & such hiring of your petitioner in
Illinois was not move fourteen years ago,
if so long ago: that said Winn was a married
man & had childem, & had all his family with
him in Illinois during the times aforesaid: by
which residence and hiring of your petitioner in
Illinois , he has become entitled to his freedom
as he is advised and believes. He further
says that on the death of said Winn, your
peitioner fell into the hands of one William
Thompson by bequest of said Winn; which
Thompson transferred him to Absalom
Link who now claims your petitioner as his
slave and holds him in slavery under and
in virtue of the title so obtained from said
Winn as aforesaid. Wherefore he prays that
he may be permitted to sue as a poor person
in the Circuit Court for St.Louis County
in which County, said Link resides, in
order to prove his right to freedom and obtain
the same: That Josiah Spalding may be of
assigned as his counsel in said suit, He further
prays that the usual order for liberty to see
his counsel &,C. may be made
Jack his mark
County of St Louis ss: Jack a man of color being
duly summon his oath saith that the foregoing
petition is true.
Sworn to and subscribed
before me this 4th day of
July A D 1837JWalsh Justice Jack a man of color
his mark
County of St Louis
ss:
It is hereby ordered that Jack a man
of color be permitted to sue as a poor person in order to
establish his right to freedom set forth in the foregoing
petition; & J . Spalding is assigned as his counsel
It is also further ordered that said Jack have reasonable
liberty to attend his counsel and the court, as
occasion may require that he be not removed out
of the jurisdiction of the St.Louis Circuit Court , &
that he be not subject to any severity on account
of his said application for freedom
July term 1837LLawless
Judge
St Louis Circuit Court For November Term 1837
County of St Louis Jack (a man of color permitted
to sue for freedom) by J Spalding his attorney complains
of Absalom Link of a plea of trespass For that
the said defendant on the first day of July in the year
of our Lord one thousand eight hundred thirty seven
at said County with force & arms & He made an
assault upon the said plaintiff & then and there beat
bruised and ill-treated him, and then and there imprisoned
him the plaintiff and kept and detained him
in prison there without any reasonable or probable
course whatever contrary to law and against the will of the said plaintiff for a long time to wit from thence
hitherto, and the plaintiff avers that before and at the
time of committing the grievancesherein mentioned he
was and still is a free person and that the defandant
then held and still holds him the plaintiff in
slavery to wit at said County wherefore the plaintiff
saith that he is injured and hath sustained damage
to the amount of a dollar & and is entitled to his freedom
& therefore he brings his suit & C
J Spalding atty
for plff
County of St Louis Ss
The State of Missouri To the Sheriff of the County of S Louis greeting
We Command you to Summon Absalom Link is he be
found in your County. that he be and appear before the Judge of
our Circuit Court on the first day of the next term thereof
to be held at the City of S Louis within and for the County
aforesaid on the Second monday of November next
then and there to answer unto Jack a man of Color, of a
plea of trespass for freedom to the damage of said plaintiff of one
dollar, and have you then there this writ
Witness John Ruland Clerk of
our said Court and the Seal thereof
hereto affixed at office in the City of
St Louis this eighteenth day of
July eighteen hundred and thirty
Seven Jn Ruland Clerk
Excuted this writ on the 7th day of August 1837
in the county of St Louis by reading it and the petition
order and complaint to Absalom
Link the defendant
James Brotherton Sheriff
By Joseph W McClurg D Shff
Service $ 1.00
No 38
November Term 1837
St Louis Circuit Court
Jack a man of color
vs
Absalom Link
Petition to sue as pauper
& Declaration &
Issue Summons
J . Spalding attyFiled 17th July 1837 John Ruland Clerk
Executed this writ by reading it
Absalom Link
ads
Jack a man of colorNov Term 1837
And the said Absalom
by his attorney comes & defends the wrong and
injury when & and says that he is not guilty
in manner and form as the said plaintiff
hath above thereof complained against him
and of this he puts himself upon the County
atty for
verdict & judgt for deft Book 9 page 468
No 38 Nov: Term 1837
Absalom Link
ads
Jack a man of color
plea not guilty
atty for DftFiled 15th nov: 1837 John Ruland Clerk
County of St. Louis , sct.
The State Of Missouri ,To the Sheriff of St. Louis County---Greeting:
You are hereby commandd to summon Thomas Wynn or
Winn
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 28th August
instant 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 Jack is
plaintiff and Absalom Link is defendant
defendant on the part of 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 20th day of August
in the year of our Lord, eighteen hundred and thirty-eight.
John Ruland Clerk, C.C.
Jack
vs.
Link
Subpoena for Thomas
Winn for 28th
August 1838, for
plff.
fee 50.
In obedience to within I have Executed this
subpoena on Thos.Wynn In the County of
Franklin on onthe27th day of augt
1838 by Reading it his hearingthe
same
A W. Jeffries Shff
of said County
County of St. Louis, sct.
The State Of Missouri ,To the Sheriff of St. Louis County---Greeting:
You are hereby commanded to summon Thomas Winn
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 6th Decr next 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 Jack is
plaintiff and Absalom Link is
defendant on the part of 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 2 day of Nov
in the year of our Lord, eighteen hundred and thirty-eight.
Jno Ruland Clerk, C.C.
Geo A Hyde Depty
Novr T. 1838
Ent
Jack
vs
Link
Plff
Thos Winn6th Decr
Thos Winn not found in
my county
M Brotherton Sheriff nonest, 12 1/2
County of St. Louis , sct.
The State Of Missouri ,To the Sheriff of Franklin County ---Greeting.
You are hereby commanded to summon Thomas Wynn
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 April
next 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 Jack claiming freedom is
plaintiff and Absalom Link is
defendant on the part of 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 8th day of March
in the year of our Lord, eighteen hundred and thirty-nine John Ruland Clerk, C.C.
Jack
vs
Absalom Link
subpoena
Thos Wynn
Shffs fees $ 50
for 4th Apl.
Served the within on Thomas Wynn in Franklin
County on the 18th day of March by leaving
a true copy at his dwelling with a
free white person over the age of sixteen
years
Wm . Campbell Shff
By J. Farvar Dept Shff
County Of St. Louis , Sct.
State Of Missouri ,To the Sheriff of Franklin County ---Greeting.
You are hereby commanded to summon Charles Jones , and
Joseph R. Hardin
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 April next
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 Jack is
plaintiff and Absalom Link is
defendant on the part of Defendant
and have you then and there this writ.
Witness, John Ruland , Clerk of our said Circuit Court ,
at the City of St. Louis , this 28th day of March
in the year of our Lord, eighteen hundred and thirty-nine Jn Ruland Clerk, C.C.
Executed the within on Joseph R. Harden
& Charles Jones in the County of Franklin
by reading the same within their hearing
April 1st 1839
Wm Campbell Shff
By J.FarvarDept Shff Franklin Cty. Mo
March T. 1839.
Jack
vs
Absalom Link
Sub: for Deft.,
Charles Jones &
Jos. R. Hardin
Sheff, fees, $ 1.00
Paid by Wm Boothefor 4th April
County of St. Louis , sct.
State Of Missouri ,To the Sheriff of St. Louis County,-Greeting:
You are hereby commanded to summon Charles Jones & Joseph
R. Hardin
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 22nd april next
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 Jack is
plaintiff and Absalom Link is
defendant on the part of Defendant
and have you then there this writ.
Witness, John Ruland , Clerk of our said Circuit
Court , at the City of St. Louis , this third
day of April in the year of our Lord eighteen
hundred and thirty-nine. Jn. Ruland Clerk, C.C.
Executed the within an Joseph. R.
Harden and Charles Jones by their
Ecknowledgeing the service on the
15th day of April 1839
Sheriffs fees $ 1.00
Wm . Campbell Sheff
of Franklin Cty
Mo
March T. 1839.
Jack
vs
Link
Sub: for Dft
Charles Jones &
Jos.: R. Hardinfor 22nd Apl
County Of St. Louis , Sct.
State Of Missouri ,To the Sheriff of St. Louis County—Greeting:
You are hereby commanded to summon Joseph Brewster &
SamuelMattocks
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 22d April in-
stant 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 Jack is
plaintiff and A Link is
defendant on the part of 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 8 day of April
in the year of our Lord eighteen hundred and thirty-nine John Ruland Clerk, C.C.
Executed this writ in the county of St. Louis by
reading it to the within named witnesses on
the 18th day of April 1839
Service $ 1.00
Marshall Brotherton Sheriff
By Benjamin Lacy Dpt Sheriff
Jack
vs
Link
subpoena for plff
for 22 Apl. forJoseph Brewster
Samuel Mattocks
County Of Franklin , Sct.
State Of Missouri ,To the Sheriff of Franklin County ,-Greeting:
You are hereby commanded to summon Thomas Wynn
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 22nd day of April
instant 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 Jack suing for freedom is
plaintiff and Absalom Link is
defendant on the part of 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 8th day of April
in the year of our Lord eighteen hundred and thirty-nine John Ruland Clerk, C.C.
Executed the within on Thomas Wynn
By leaving a Copy at his house
in Franklin Cty on the 13th day of
April 1839
Sheffs fees $50 cts.
Wm. Campbell Sheff
of Franklin Cty.
Mo
Jack
vs
A. Link
subpoena for plff
for
22nd April 1839for
Thomas Wynn
County of St. Louis , sct.
State Of Missouri ,To the Sheriff of St. Louis County-Greeting:
You are hereby commanded to summon William Booth
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 22nd day of Aprilnext
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 Jack is plaintiff
plaintiff and Absalom Link
defendant on the part of defendant,
and have you then and there this writ.
Witness, John Ruland , Clerk of our aid Circuit
Court , at the City of St. Louis , this ninth
day of april in the year of our Lord eighteen
hundred and thirty-nine.
Jn. Ruland Clerk, C.C.
Executed this writ in the county of St. Louis by
reading it to William Booth on the 18th day
of april 1839
Service $ 50
Marshall Brotherton Sheriff
By Benjamin Lacy Dpt Sheriff
ent
March Term 1839.
Jack
vs
A. Link
Sub: for dft
Wm Boothfor 22nd Apl
If the Jury shall be of opinion that the
plaintiff was hired as a slave in the
state of Illiniois by his owner while he was
therein be that domicilefor
a shorter or longer period thus that find
for plaintiff
If the Jury shall be of opinion that the owner
of the plaintiff made us unnecessary delay
in his journey through Illinois to S Louis and
only hired the slave for the purpose of utilising
the slave generally or for the purpose of feeding
and support said slave they shall find
for defendant
The court further instructs the jury that there is
no evidance before them that money was paid
for the kin of the plaintiff In Illinois to his owner
We of the Jury find for the
Defendant
RichdS
Foreman
vs
Absalom Link
The plaintiff moves the
court to set aside the verdict & granting
a new trial for the following reasons
1.That the Court gave wrong instructions
2.That the Court refused to give the instructions asked for by the
plaintiff.
3.That the verdict is against law
& evidence
4.That it is against the weight of
evidence
5.That it is against the instructions
of Court
J Spalding for
plff
Verdict for deft Book 9-468-motion for new trail overuled book 9 page 486.
No 38
November
March Term 1837
Jack
vs
Link
motion
for new trial
J Spalding
AttyFiled April 24th 1839 John Ruland Clerk