To the Hon. Bryan Mullanphy of the Circuit
Court of the County of St. Louis , State of Missouri

The petitioner of Jonathan , a man of color, aged
about thirty four years respectfully represents, that
he was born a slave in the
state of Virginia , and brought by his master Edward
Gleason to White County Tennessee , where he continued
to reside with said Edward Gleason as his slave
until his death, when your petitioner on the division
of said Gleason estate among his children, became
the property of James Gleason one of Edward Gleasons
sons, that said James D Gleason moved to
the state of Illinois , and in the year eighteen hundred
and thirty one brought your petitioner to St Louis in
the state of Missouri and hired him out and
the wages of his hire, that said James D Gleason ,
resided in the County of Madison in the state of
Illinois until the year eighteen hundred and thirty five
he then died, that frequently the time your
petitioner came to St. Louis in Missouri in the year
eighteen hundred and thirty one to the time of the death
of the said James D . Gleason , your petitioner was taken
to the state of Illinois by his master and there held
to labor, that on one occasion, he was taken by the
said James D Gleason in the year eighteen hundred
and thirty two or three, from St. Louis in Missouri , and
brought to his Gleason farm in Madison
County Illinois , where he remained for a period of
about eight months at labor for the said Gleason as his
slave - that in the year eighteen hundred and thirty
five said Gleason died leaving a widow, now intermarried
with Willoughby , and a son now
living William Gleason - that the said Willoughby
married said widow in eighteen hundred and thirty eight

that shortly after this marriage, a seperation
took place between them on account of the bad conduct
and habitual, of the husband
and a bill for divorce at the suit of the wife
Eleanor Willoby is now defending in the Madison
Circuit Court , Illinois - that at the present
term of the St. Louis Court of Common Pleas one
Joel Dannah obtained judgment against said
Aza Willoughby and an execution was issued
and a levy made upon your petitioner
as Aza Willoughbys property, by the Sherrif of
St. Louis County Marshall Brotherton , in whom
custody he now is confined in the jail of said County,
although your petitioner never was in said Aza Willoughbys
possession, nor has he ever received any portion
of your petitioners wages as he claims. Under these
state of facts your petitioner believes that he is
entitled to his freedom, and with the full consent
of the widow of James D . Gleason now the wife of
said Aza Willoughby , who is guardian of her only child
living, by her first husband, he prays your honor to
allow him to sue as a poor person in order to
establish his right to freedom.

Jonathan & his mark

State of Missouri
St. Louis County ss

Jonathan a man of color
being sworn says, that the facts set forth in the
forgoing petitioner are just true

sworn to & submitted the
16th September 1841
before me
Jonathan X his mark

Alphonso Witmore
Justice of the peace.

I Bryan Mullanphy , Judge of the Circuit court
of St Louis County, being of opiniion that the
foregoing petition contains sufficient matter
to authorize the commencement of a suit, do
make the following orders.

First. That Jonathan a man of color be allowed
to sue as a poor person to establish his right
to freedom, and do assign Messrs King & Murdoch
as his counsel.

Second. That the person Jonathan 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 Court, and that he be not
subject to any severity on account of his
application for freedom.

Bryan Mullanphy Judge 8th Jud. Cir. of Mo.

State of Missouri
St Louis County ss.

The facts set forth in the forgoing petition are just and
true and my full consent is hereby given to Jonathans
suit for freedom.

Eleanor Willoughby

rit for Petitioner
Wm Brady
Alfred Sparks

George F. Shaw

In the Circuit Court of St Louis County
State of Missouri
St Louis County ss.

Jonathan , a man of color, complains
of Marshall Brotherton , Jose Darrah
and Aza Willoughby , of a plea of trespass, for
that the said defendants on the fifteenth day
of September eighteen hundred and forty one
with force and arms assaulted the said plaintiff
to wit at the County aforesaid, and then and there
beat, bruised and illtreated him the said plaintiff
and then and there imprisoned him the said
plaintiff and kept and detained him in prison
there, without any reasonable or probable
cause whatsoever for a long time to wit, for
the space of twelve hours, contrary to the laws
of the said state and aganist the will of
the said plaintiff- And the said plaintiff
and declares, that before and at the
time of the committing the said grievence
by the said defendants, he was and still is
a free person and that the defendants held
and still hold him in slavery.

Wherfore the said plaintiff says he is injured
and hath sustained damage to the
amount of dollar and therefore he brings suit .

King & for plff

In Circuit Court of St Louis Co..
November Term 1841

Joel Darrah and
Aza Willoughby
Narr in false imprisonment
suit for freedom

The clerk will issue
summons in this
entitled cause, directed
to the Coroner of St Louis
County.

King & Murdoch
attys for plff>

The State Of Missouri , County of St. Louis , ss.To the Coroner of St. Louis County-Greeting:

We command you to summon Marshall Brotherton , Joel Darrah and Aza Willoughby if they
be found in your County, that they be &
appear
before the Judge of our Circuit Court , on the first day of the next term thereof, to be
held at the City of St. Louis , on the third Monday
of November next, then and there to answer unto petition
of Janathan, a man of color, of a plea of
trespass
to the damage of said plaintiff of one
dollar: 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 seventeenth day of
September in the year of our Lord eighteen
hundred and forty one. John Ruland Clerk.

I. Bryan Mullanphy Judge of the Circuit Court of St. Louis County
being of opinion that the foregoing petition contains sufficient
matter to authorize the commencement of a suit, do make the
following orders.

First that Jonathan , a man of color, be allowed to sue as a poor
person to establish his right to freedom, and do assign King & Murdoch as his counsel.

Second. That the person Jonathan , 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

Court, and that he be not subject to any severity on account of his
application for freedom.

Bryan Mullanphy Judge 8th
Jud.Cir. of Mo

Executed this writ on Marshall Brotherton in St Louis
County on the 17th day of September 1841 by offering
read the within Petition and Summons to him and
he refusing to hear the same Joel Darrah & Aza Willoughby
not found in my County Esrom Barery

Coroner of St Louis County
fees $2.00

no 32
St. Louis Circuit Court
November Term 1841

Suit for freedom dams $1:00

King & Murdoch

Filed 17th September 1841 Jn. Ruland Clk
free

verdict for plff Bk13 p 557Mo for new trial ovld12 p 424

St. Louis Circuit Court .

Take Notice, That on the thirtieth day of September in the
year of our Lord one thousand eight hundred andforty one between the hours of
eight, in the forenoon andsix in the afternoon, of that day, at
the office of Louis S. Labeaume in the
City of St Louis, County of St Louis, state of
Missouri
depositions will be taken by the undersigned, to be read on the trial of the above entitled case, on
behalf of the plaintiff; and that the taking of said depositions, if not completed
on that day, will be continued from day to day, at the same place and between the same hours,
until completed.
To the above named Defendants

King & Murdoch attys for Plff St Louis 25 Sept 1841

Noticed to take
Deps.

I awknowledgeserved of copy of this notice on M. Brotherton
St Louis 25 Sept 1841

F. B . Murdoch

I also put a copy of this notice in Clerk's office Cir . Court
St Louis the same up . 25 Sept 1841

F. B . Murdoch

I left a a copy of this notice in the office of H. S. Geyer with Charles C.
a white person over the age of 21 years. The 25 sept 1841. W Geyer is
not yet atty of reason in this case, no atty bring marked, but he is atty for
Darrah is Exn v Willoughby and supposing that he would appear atty
I have left this notice.

F . B Murdoch

Opened & filed 29 October 1841

Jn Ruland Clk

Depostions for plff

Justice Labeaume Fee $1.

Deposition of a witness produced sworn and examined, at the
office of Louis Labeaume in the City County of St Louis , Missouri
before me Louis Labeaume a justice of the peace for the
county aforesaid, in a certain cause pending in the
St. Louis Circuit Court for the County of St. Louis in the state
of Missouri , between Johnathan (of color) plaintiff
and Marshall Brotherton , Joel Darrah & Aza Willoughby
defendants, on the part of the plaintiff

Samuel Jackson of lawful age being produced
sworn and examined deposeth and saith that
he has been living in St Louis , and about the County
seventy two years, I know the plaintiff
Johnathan for about years, I have
seen him to day two or three times, A
Mr. James Gleason brought the plaintiff
to this County from Tennessee , that
Gleason settled in Madison County Illinois
about four miles from the River, Gleason,
took Johnathan whom he claimed as a
slave over and to his farm in Illinois &
kept him there six or eight months, at
labor - Deponent has frequently seen
said Johnathan plaintiff working on the
farm of Gleason splitting rails, &
chopping wood, - I remember of said
Johnathan being hired out to one Brady in
Illinois , at twenty five cents for one day, by
his master, that is the only time I knew
of his being hired out, I was living at the
time in Illinois , Brady a neighbour

and brother in law of James Gleason after
Johnathan had months
in Illinois , he was brought to this state &
hired to Danie D Page by said Gleason
I actually saw Johnathan at work in this
City for said Page - At the time Johnathan
was laboring in Illinois , he was a healthy
and able bodied man and further
this deponent saith not

Saml Jackson Sworn to and subscribed
before me this 30th day
of Sept 1841
Louis Labeaume J P.

State of Missouri
County of St. Louis

I Louis Labeaume
a justice of the peace within and for the
County aforesaid, do hereby Certify that
Samuel Jackson the deponent was by me
sworn to testify the whole truth of his
knowledge touching the matter in Controversy
in the cause aforesaid: that deponent was
examined and his examination by me reduced
to writing and subscribed by said deponent in my
presence on the 31st day of September 1841,
and between the hours of eight o clock in the forenoon
and six o clock in the afternoon of said
day, at my office, in the City & County
of St Louis , State of Missouri .
Given under my hand this day of October 1841

Louis Labeaume Justice.

St. Louis Circuit Court
No. November Term 1841

And the said defendant
Marshall Brotherton by
his attorneys comes & defends the force & injury when
&c says that he is not guilty - of the said suppo
sed trespass above laid to his charge or any part
thereof in manner form as the said plaintiff
hath above complained of and him to
& of this he puts himself upon the County &

Geyer & Dayton
Defts attysAnd the plaintiff doth the like
F . B . Murdoch
for plff

No. 32
St. Louis Circuit Court

Plea not guilty

Geyer & Dayton
Defts attys Filed November 15 1841 Jn. Ruland Clerk

County of St Louis , ss.The State Of Missouri ,To Francis Gleason & Alfred Sparks
Greeting:

You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our Circuit Court , on the 31st day of August 1842
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 Jonathan (of Color) is
plaintiff and Marshall Brotherton is
defendant on the part of the plaintiff
and herein you are in no wise to fail.

Witness, John Ruland , Clerk of our said Court, with
the seal thereof hereto affixed, at office, in the City of St .
Louis , this 30th day of August
in the year of our Lord one thousand eight hundred and
forty-two. Jn. Ruland Clerk C.C.

in the County of St. Louis

Served this Subpoena by reading it to
Francis Gleason & Alfred Sparks the
31 August 1842 William Milburn Sheriff

Fee $ 1.00 by Richard H Pitts Dpty.

writ

x Francis Gleason x Alfred Sparks

County of St. Louis , ss.The State Of Missouri ,To Samuel Jackson
Greeting:

You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our Circuit Court , on the 31st day of August
1842 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 Jonathan (of Color) is
plaintiff and Marshall Brotherton is
defendant on the part of the plaintiff
and herein you are in no wise to fail.

Witness, John Ruland , Clerk of our said Court, with the
seal thereof hereto affixed, at office, in the city of St. Louis ,
this 30th day of August in
the year of our Lord one thousand eight hundred and
forty-two Jn. Ruland Clerk, C.C.

witness

Samuel Jackson To appear31 Aug. 1842

County of St. Louis , ss.The State Of Missouri ,To George F Gleason
Greeting:

You are hereby commanded, that setting aside all manner of excuse and delay, you appear
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 Jonathan (a man of color is)
plantiff and Marshall Brotherton is
defendant on the part of defendant
and herein you are in no wise to fail.

Witness, John Ruland , Clerk of our said court, with the
seal thereof hereto affixed, at office, in the City of St. Louis ,
this thirty first day of august in
the year of our Lord, one thousand eight hundred and
forty Jn. Ruland Clerk, C.C.

Sub

George F Gleason
forthwith

Executed this writ in the County
of St Louis Aug : 31st 1842 by reading
it to within named witness

Fee 50 William Milburn Sheriff
by Richard H. Pitts
Deputy

The defendant by
his attys moves the court to set aside
the verdict of in this court
grant a new trial for the following reasons
That the verdict is against law
That the verdict is against law &
That the verdict is against the weight
of evidence

That the court gave
wrong instructions to the jury

That the defendant was suprised or
by the of testimony
against agreement with plaintiff's counsel

Geyer & Dayton
Defts aty

Motion Reasons for
a new trial

Geyer & Dayton
Defts atys Filed September 1st 1842 Jn Ruland Clerk

If the jury find from the evidence that
the defendant did not hold or detain
the plaintiff otherwise than as sheriff
and by virtue a writ of execution to him
directed that at the time of the levy
the plaintiff was held as a slave
by the defendant in the execution, the
jury ought to find for the defendant
in this action

If the Defendant laboured in Illinois whether
voluntarily or under coercion ; either is a introduction
of slave labour into Illinois such as forfeit
the right of the master to the slave in case
the master knew of such labouring and assented
thereto, unless such labouring took place
while the master was taking or sending such slave
thro the state of Illinois
The object of the prohibition is to prevent the prohibition is to prevent the introduction,
of slave labour into Illinois not to prevent a
master from coercing his slave.

If the jury believes from the evidence that the plaintiff
went or was taken to & remained in the state
of Illinois temporarily merely for the benefit of his health
or upon a visit to his owner & while there for
that purpose did not taking him act as a
slave under the coercion of his owner they
will find for the defendant

The plaintiff asks the following
instructions.

1. If the jury believes from the evidence that James D Gleason
being a resident of Madison County Illinois and the owner of Jonathan the plaintiff as his slave, brought
him from the state of Tennessee into the county of Madison
in the state of Illinois and there held him to labor and service
for several months that they will find for the plaintiff Given

2.If the jury believe from the evidence that said Gleason being
the owner of the plaintiff as his slave, took him from a
state in which slavery is allowed, to Madison County in the
state of Illinois and there permitted the said Jonathan , to
remain for several months at a time whether at work or not
that he is entitled to his freedom and they will find for the
plaintiff Refused

3.If the jury believe from the evidence that said Gleason being
a citizen and resident of Madison County in the state of Illinois and
owner of the plaintiff as his slave, whom he had hired in the city of
St Louis in Missouri brought the said plaintiff while labouring under
disease and sickness from St Louis in Missouri to Madison
County in Illinois and there kept him for several months until his
recovery, that they will find for the plaintiff. Refused

4.If the jury believe, that the said Gleason being the owner of
the said Jonathan as his slave, kept the said Jonathan in
Madison County Illinois whether before his sickness or after his
recovery at labor for himself or permitted him there to remain
at labor for his Jonathan's benefit that they will find
for the plaintiff. Given

5. That by the ordinance of of 1787 and the constitution
of the state of Illinois slavery is prohibited in the territory
which forms that state and although the owner of a slave
may without affecting his rights in his slave while travelling
carry his slave property through that state yet there is
nothing in the law that justifies the idea that Illinois Refused

is a slave hospital or that the master or owner
being there can in case of sickness of his slave, move
him from a state in which slavery is allowed to
Illinois for the purpose, of attending to his recovery
unless it be shown that it be absolutely necessary for his
recovery.

6. If the jury believe, that James D Gleason being the
owner of the plaintiff as his slave, permitted him to
go Madison county Illinois and there to remain
for several months or allowed him there to remain
they will find for the plaintiff although it may be
shown that said plaintiff went there or remained
there voluntarily and did not there under the
coercion of his master. Refused

Circuit Court St Louis
County.

We the jury upon our oaths do find
the defendant guilty of the trespassesgrievances
and false imprisonment, in manner and form as
the said plaintiff has alledged against him

W G Whitfield Foreman

George F Gleason stated, in
my Presence & in the presence
of W Dayton that he knew the
plaintiff Jonathan a man of
color - that said Jonathan
was brought from the state of
Tennessee by the brother of
said Gleason - & was the property
of his brother at the time of
his death - George F Gleason
came to St Louis at the same time
that said Jonathan came
that the said Jonathan injured
his foot or leg in some way
& became sick & helpless in
& that his
Brother sent him into Illinois
for the purpose of having him
cured of his lameness &
illness- that said Jonathan
recovered for some time
perhaps 6 or 8 months waited in Illinois
but could not say precisely
how long that while said
Jonathan was in Illinois he
was sick most of the time that
said Jonathan hired himself
to labor for a short time to
W Gleason stated to
whom but I cannot recollect
the name to gather corn that
said Jonathan received pay
himself for his service

George F Gleason said that he knew
that his mother never hired
out said Jonathan in the state
of Illinois knows also that
his brother did not receive
the wages of said Jonathan
for any services said
Jonathan rendered in Illinios
said he know also that his
brother did not know that
said Jonathan had engaged
his services to anyone
in Illinois until after
the said Jonathan had
returned to Missouri
W Gleasonalso stated that Jonathan
while he was in Illinois frequently
assisted in the business
labor of the farm where he was
staying but he did so volun
tarily at his own instance
W Gleason said he knew
the facts above stated from the fact
that he was with his
brothers affairs lived immediately
adjoining the farm where said
Jonathan was staying and saw
said Jonathan about every
day while he was in Illinois