State of Missouri Circuit Court November
Term AD 1838
St. Louis County ss - To the Honorable Luke E Lawless
Judge of Said Court in
Chancery Sitting
Your Orator Samuel Stokes a man of color
humblycomplainingsheweth unto your
Honor
that about sixteen years past
your
Orator & his wifewerefree
persons & their
child Charity & grand child Mary
Daughter
of Charity were slaves
belonging to the
Estate of William Stokes deceased & the
said Charity & her
child Mary werethen
offered
for sale by the administrator as
execution of said Estate your orator
stated
that he & his wife felt at that time
great
anxiety to make such arrangements
as to secure the freedom of their child &
Grand
child aforesaid but they were unable
at that
time to buy them- that having
great confidence in the responsibility
&
integrety & human feelings of John and
William Finneywhom
your orator prays may be
made defendants to this Bill he applied
to the said Finneysdescribing to them his
feelings
& in relation to said
Charity
& her daughter & besaughtthem to
purchase
said Charity & her child Mary then about
a
year old
- your orator states that the
said Finneys agreed with your orator
to
purchase said Charity & Mary if they
could do so at a
reasonable price & to
hold them as
slaves untilsaid your
orator could pay them the
price for which
they should be sold which your orator
agreed to do
as soon as he could and as
soon as
said price was paid said
Finneys agreed to transfer said Charity
& her future increase
& said Mary to saidyour
orator who agreed to liberate
them At
the time of this agreement it
was
distinctly understood that the only
means
your orator had of making payment
was by the Labor of himself and
wife &
that said
Finneys did not wish to make
any
speculation but that so soon as
said
Finneys should be renumerated for
the price they should pay for
said
Charity & her child in there by the hereof
said
Charity many paid by your
orator or the salaries of said Charity or
by
any other means they were to relinquish
to your Orator for
the purposes aforesaid
all claim to said Charity & her
future increase
and to said Mary
declaring that in
making the contemplated purchase all
they
desired was to be saved from Lass
and to serve the cause of Liberty and
humanity - Your Orator says that soon
after this agreement &
understanding said
Charity & her child wereoffered
for sale
at Public
auction to the highestbidder
that your Orator said Charity
& Child &
said John Finney and many other
bidderswere
present - that the sale
commenced & John Finney was a
bidder
that among the bidderswas Beriah
Cleland . That when said
Clelandbid
said Charity proclaimed that she was
unwilling that any one should buy
her
but John & William Finney - for they
had
aggreed to purchase her with a
view to secure her freedom &
that of
her child - when this declaration
was made
John Finney declared to the
bidders that his object in buying
said
Charity & Child was to provide for them
freedom
.He then bid for said Charity &
Child the sum of three hundred &
twenty five dollars the
object of said Finney
appearing to
be
so human & disinterested
no one after this bid against him.
Said
Charity & her Child, whowere itnot
for the understanding that said
Finney
intended to emancipatethem at
the time
of said sale would have readily
had to from five hundred to
seven
hundred Dollars. Your orator states that
he
& his wifelabored
hard & submitted to
great privations to redeem these
said child
& grand child from slavery and paid
over to
said John & who
bought
said slaves in partnership all
the money
they could acquire as fast
as they could make it untill they paid
said Finneys for the redemption of
their
child & grand
child at different terms
the sum of two hundred & twenty nine
Dollars. Your
orator states, that he raised
& maintained Mary his grand
child from
the time she was about a year old until
she was old
enough to be servicable to said
Finneys when they took of her
& put her to theirservice. That said
Charity about two or
three years after the
Finneys purchased had a child named
John
now
living with John Finney .
That while said Charity was unable to
Labor from pregnancy as sicknessshewas
sent to
your orator who cheerfully
nursed
& maintained her wishing the
said
Finneys should be
at as little trouble &
as possible with her child
& believing
that they would act
towards him withgood
faith. your orator States that
after the
birth of his grand son John he took him
& raied him untill he was able to be
useful to said Finneys
when they took
possession of him & engaged him
in their
service- Your orator states that his
grand
daughter Mary has told is
married & has
latelygivenbirth to
a child which she had
last &
that during her sickness & confinement
she was sent to your Orator to
be
supported & maintained Your Orator states
that said
Finney sold said Charity to
one Gratial
for two hundred & fifty dollars
& that she
in. Your
orator States that said
Finneys after
getting from him & his wife in cash
$229
and for the sale of said Charity
$250
amounting in all to the sum of $479
and
having your orators grand Children
Mary & John
supported & maintained
during their helpless years of their infancy
& nursed & maintained when they were
sick or
unable to work now claims said
Mary &
John as slaves for life & refuse
to conveythem to
your orator so that he
may setthemfreeor to emancipatethem
themselves- they now refuse to
refund the
money paid by your orator as aforesaid
or in any
way
to pay him for raising
& maintaining his grand children as aforesaid
ornursing & taking
care of them
in sickness all of which actings
& doings
are against equity & good
conscience. Your orator says that it is not
in his power to state particularly the dates
& amount of cash
payment made by him
to said Finneys as aforesaid, nor the
time when they
sold Charity as aforesaid
Your Orator States that said Finneys sold
said Charity aginst his consent &
thusly
rendered
it impossible that the contract
between your orator & them could be performed
In consideration whereof & in
as
much as your orator is sum debts at
lawhe prays
the interposition
of this
court that said Finneys maybesummoned
to
answer this Bill that they may be
compelledseverally on their corporal oath to
answer all the allegations of this Bill &
particularly the following
1 Were
you not in partnership in making the
purchase of Charity &
her child Mary as
isabove
stated
2 Did you not agree with said Samuel to
make said
purchase for the purposes as
above
stated if not what was said &
what was
the understanding between you &
said Samuel prior to
& at the time of said
purchase
3 Hasnot said
Samuel paid to you for the
purpose
in the Bill stated the sum of two
hundred & twenty nine
Dollars if not what
sum has he or his wife paid- set out the
amount & date of such payment
& the cause
or consideration for which it was paid
4 Have
you or either of you any memorandum
or entries made in writing orhaveyouever
had any such in your possession in relation
with to
the Terms on which you purchased
said Charity & child
oreither of them or
of any payments made by
said Samuel or
any
one for him on account of said
Charity
or Mary or other of them
if so set forth copies of any such memorandums
or entries if in
your possession or within
your power if not
state what were those
memorandums or entriesaccording to the
best of your recollection
5.Did you not sell said Charity to one
Gratial as above stated
& when & for what
sum If not to whom did you sell
her
did you sell as a slave for life
or for
a term of years & for what sum
6.Has not said Samuel raised & maintained
his grand daughter
Mary & his grand son
John in infancy while their services were
valueless- Have not you had their
serviceswhenever
they were valuable. Has
not said Samuel supported &
mantained
said Charity Mary & his grand son John
generally whom they were sick or
unable
to work and have you not
had then service when you required them
as
stated in said Bill if not state
the whole truth according to the best
of
your knowledge & belief how long said
Charity Mary
& John have served what
they would have
hired for during the times
they were in your service or under your
control and what would be a reasonable
compensation to said Samuel for his
support & manitance of said Charity
& her
children during infancy &
sickness
& their inability
to labor
provided said
Samuel was intittled to pay therefore
7.Did not you or either of you at the
sale
of Charity & her child made as aforesaid
declare
to the bidders present that if you
brought
said Charity & her her
child you
would secure to them their freedom
If not what did you say in
relation
to your motives in purchasing or the
freedom of Said Charity or
Mary or
either of
them
8.Did you not purchase said Charity &
Mary for the sum of
there hundred &
Twenty four Dollars if not for what
sum
did you purchased them
9 After it was understood that you came
to secure to Charity
& Child their freedom was there
any further bid against
you
10 Would
not said Charity & child probably
at the time of sale probably have sold
for a much larger sum than you
bid for them had you not stated your
intention of securing their
freedom
Your orator prays that said
Finneys
may be compelled to
emancipate said
children of said
Charity under form of
law or to bring them to your orator
so that he may liberate them or if
this cannot be done that they may
be complled to refund to your orator
the sum of four hundred
dollars and
Sixty
nine Dollars andtheinterest and to
pay your orator a
reasonable compensation
for the support
& maintainance of his
daughter & her said
childern and if your
orator
has not prayed the proper relief
he prays for such further &
other relief
as he may be entitled to upon principles
of
equity & he willever
pray to
G A Bird Solicitor for
Complainant
No 501 St. Louis Circuit Court
November Term 1838.
Samuel Stokes
vs
John & William
Finney
Original Bill in
Chanceryfor relief
The Clerk will
please issue a
summons
Bird for
Complainant
SolicitorFiled Oct: 27th 1837 Jn. Ruland Clerk
County of St. Louis , Ss.
The State of Missouri ,To the Sheriff of the County of St. Louis ... Greetings:
We command you to summon John Finney and
William
Finney if they be found in your County,
that they be
and appear
before the Judge of our Circuit Court , sitting as a Court of Chancery on the first day of the next
term thereof, to be held
at the City of St. Louis , within and for the
County of St. Louis , on the second Monday
of November next, then and there to answer unto the Bill of Complaint filed against them by Samuel Stokes
a colored man for
relief in the matter of his
children
to the damage of said
plaintiff
dollars And have you then there this writ.
Witness, John Ruland , Clerk of our said
Court, with the seal
thereof hereto affixed, at office, in the
City of St. Louis , this twenty seventh day of
October in the year of our Lord
eighteen
hundred and thiry eight. Jn. Ruland
Clerk.
Dismissed by order of Court at complts cost Ch. Recd No 2 p 153
No 501. St. Louis Circuit Court
November Term 1838.
Samuel Stokes
vs
John Finney & Wm. Finney
Subpoena in Chancery
Bird Complt.
Filed Oct. 27th 1838. Jn. Ruland ClerkW. by atty Bird
Executed this writ in the county of St Louis by reading
it to John
& on the 27th day of
October 1838 and by delivering a copy of the bills as
furnished by the clerk to John Finney
Service $2.00
Marshall Brotherton Sheriff
By F W Beltzhoover Dpty
Shff