New York Oct 5th 1849
This is to certify, that negroewoman Hester & Children formerly
my slaves in St Louis , are free, and have all the rights to go where
they please, that other coloured people have - They
were set free by me in January last.
F.
PricillaElla
her children, by
Jordan Early their next friend plff
a B. Mc &fee
Frederick Norcum
Granville C Blakey
Wm E Moore
In the Circuit Court of
St. Louis County. St Louis
County Sct. November Term
1853
Plaintiff states that on
the day of January eighteen hundred and
forty nine the defendant Frederick Norcum
executed to the plaintiff a deed of manumis-
sion for herself and her two children Pris-
cilla who was the illegitimate
child of the said defendant November, and
May Ella Williams the child by her late husband
by which said deed she became free as well
as both of her children the other plaintiff that on the seventh
day of October 1853. She carried the said
deed of manumission to the said Norcum
at his request and plaintiffs charge that
he destroyed the same; and had said plain-
tiffs arrested and caused them to be
delivered to A. B. McAfee and William E Moore Granville C Blakey the other
defendant alledging that he had sold
them to the said McAfee , and Blakey & Moore
Plaintiffs further state that the defen-
dant. Norcum in the month of October 1849
when plaintiff on charge of being runaway slaves were imprisoned and seized to
the plaintiff the following certificate in
word and figures as follows to wit.
New York . Oct. 5th 1849
This is to certify that negroe woman Hester
& children formerly my slaves in St. Louis
are free and have all the rights to to go where
they please that other coloured peoplehave
they were set free by me in January
last.
(signed) F. Norcum
Thereby recognizing and ratifying the previous
deed of manumission. all of which
will man freely appear, by reference to the
said certificate. marked (a) and made
a part of this petition
Plaintiff further charge that the defen-
dants McAfee & Blakey & Moore was before they purchased
plaintiff (if they have purchased them) aware
of all the facts set forth in this petition
and of the freedom of the plaintiff.
but not regarding their rights - both the
said defendants with force and arms
arrested the said plaintiffs. at
the Circuit aforesaid on the 9th day of
November October 1853. and then and there seized
and laid laid hold of the said plaintiffs
and with force and violence pulled and
dragged about the said plaintiffs and
then and there forced and compelled the
said plaintiffs to go from and out of
a certain public house situated and being
in the county of St. Louis into the public
street there, and then and there forced and
compelled them to go in and along
several streets, to a certain negro jail
situated in the county aforesaid and
owned and kept by the defendant
McAfee, & Blakey Moore and then and there impris
-oned the said plaintiff without any
reasonable or probable cause whatsoever for
a long space of time and against the
will of plaintiffs.
Plaintiff further aver that before and
at the time of committing the grievances
complained of they were and
still are free persons, and that
the defendants held and still hold
them in slavery
They therefore ask that the defendants
be compelled to answer the allegations
of this petition as specificallyas if they
were here again repeated by way of
interogatory, and that upon a formal
hearing of this case judgment of freedom may be
awarded to your petitioners (the
plaintiffs) and damages to the amount
of five Hundred Dollar for which
they ask judgment.
Blackburn & McLean
Attys
Jordan M Early for Priscilla
Williams and Ella Williams minors and
for Hester Williams makesoath &
says thathebelievesthe matters & things
stated in the foregoingpetition as stated
are true
J MEarlySworn to & subscribed
beforeme this
Oct1853 M S Cerre clk
St Louis Circuit Court
Hester Williams
Priscilla Williams
by hernextfriend
Early and Ella
Williams by hernext
friend M Early
vs
G. B.
Petition in trespass
for FreedomB & McLean
Attys
To the Clerk of the Circuit Court
The petition of Priscilla
and Mary Ella Williams children of Hester Williams
ask the appointment of Jordan M Early as
theirnext friend to enablethem to bring a suit
for their freedom against Frederick Norcum
and A. B. Macaffe.
Priscilla WilliamsMary Ellen Williams
I consent to act as next friend for
Priscilla Williams and Mary Ella
Williams minors in suit about to
be instituted by them for freedom
against Norcum & Macaffe
St. Louis Oct 11th 1853J M Early
I approve thewithin and appoint Jordan N Early,
as next friend to sue for the plaintiffs in
said cause
M S Cerre Clk CirCt
County of St. Louis , Ss.
The State of Missouri ,To the Sheriff of St. Louis County, Greeting:
We command you to summon A B McAfee and Frederick
Norcum Glenville Blakey and William E Moore
to appear
before the Judge of our Circuit Court , on the first day of the next term
thereof, to be held in the City of St. Louis , within and for the
County of St. Louis , on the third Monday of November
next: then and there to answer the complaint of Hester Williams
Priscilla Williams and Ella Williams by their next friend
Jordan M Early
as set forth in the annexed petition
and have you then and there this writ.
Witness, Michael S. Cerre , Clerk of said Court,
with the Seal thereof hereto affixed, at office in the
City of St. Louis , this eleventh day
of October in the year of our Lord
eighteen hundred and fifty three M S Cerre Clerk.
I acknowledge myself bound for all costs that may accrue in the above cause.
Witness, my hand and seal, at St. Louis , this 11th day
of October 1853
J W EarlyL.S.
On reading & considering the within petition it is ordered
that said petitioners be allowed to sue on and giving Se-
curity satisfactory to the Clerk for all costs that may be
adjudged against petitioners, and it is further ordered
that said petitioners have reasonable liberty, to attend Counsel
and the Court as occasion may require that they be not removed out
of the jurisdiction of the Court and they be not subject to any severity
on account of their application for freedom
A True Copy attest A. Hamilton Judge 8th Jud. Cir MO M. S . Cerre Clk.
No. 119
St. Louis Circuit Court
November Term 1853
Hester Williams , Ella
Williams Priscilla Williams
by their next friend Jordan M Early
vs
A B McAfee and
G. C. Blakey
Fred. Norcum
WilliamMoore
Pet for freedom
McLean
Issued Oct 11th 1853Md Cerre Jury fee & writ $3. his by J M Early
Copy $1.50
Executed this writ in the County of
St. Louis on the 12th day of Oct. 1853 by
leaving a certified copy of the writ & petition
at the usual place of abode of A. B. McAfee
with a white person a member of his family
over the age of fifteen years - also by leaving
a copy of the within writ, at the usual place
of abode of Granville Blakey, with a white
person a member of the family, over the age
of fifteen years - Frederick Norcum not
found in my county.
Jn M. Wimerby Jm C Blakey dept Service 2.00 Non est 50 $ 2.50
Executed this writ further in the county of St. Louis on the
12th day of Oct. 1853. by delivering a certified copy of the within
writ to Wm E. Moore & by offering to read the within petition to him
which he refuses to hearfee$1.00Jn MWimer Shff
State of Mo
County of St Louis In the St Louis
Circuit Court - Nov Term 1834
vs
Frederick Norcum&c
Declaration under statute
for freedom
Defendant for plea to the amended declaration
filed in the above case on 20th November 1834, says,
that he is not guilty of the trespass and imprisonment
as charged in the said declaration; and defendant
denies that plaintiffs were ever or are now free
persons, and of these things he puts himself
upon the County
Willis L Williams
Atty for Deft
No 119 In the St Louis Circuit Court
Hester Williams & others
vs
Frederick Norcum
Answer of defendant to amended
declaration filed 20th Nov 1834.
Plea not guilty & that
plaintiff not free
Filed November 24, 1854 Wm J Hammond Clk Williams p.d
In the St Louis Circuit Court .
November Term 1854
vs
Frederick Norcum
1st. Defendant moves to strike from the record,,
the paper marked "filed Nov. 20th 1854.," for
the reason
1. That said paper is not filed in accordance
with, but directly in derogation of the rule of
this court.
2. The said paper is not an amendment of
the original petition, nor is it a petition itself,
for freedom, as the suit purports to be.
3. The said paper is not an frivolous
and of no sort of application to the matters
in issue.
2. Defendant asks the court to make an order that
the Sheriff deliver the plaintiffs to the defendant
Norcom or his agent, to be dealt with as his slaves
WillisL Williams p.d.
Hester Williams & others
vs
Frederick Norcom
Motion to strike paper
marked "filed Nov. 20 1854"
from - and
for final order in the
case.
Filed November 24, 1854Wm J.Hammond Clk William p.d.
Court House Papers
St. Louis To the Judge of the St. Louis Circuit Court
of the County of St. Louis and State of
Missouri
The petition of Hester Williams
humbly represents, that in January D
1849 she known by the name of H Esther was the slave for life of F
Norcum and also has two children one
a girlagednow five years named Mary
Ella and the other afore named Priscilla
aged nine years. And that at said time
her then Master F Norcum, set her free
by granting to her and her two children
a deed of Emancipation, and your
petitioner represents that said
as she was informed and
has a force once free discharged from ser-
vice of herself and her the children
and your petitioners further charges that
she retained said deed of Emancipation
in her possession from the day of its
Execution some time in January 1849
up and untill on or about the seventh
of October AD 1853 when she at the request
of the said Norcom him the deed
to have the same recorded as hewas
informed that some further act had
to be done by the said Norcom , before the
said paper could be recorded, and
your petitioner states that said Norcom
toldherto come back on the next morn
ing & he would give her the said papers
properlyrecorded and certified, and
petitioner states that whenshe came
to the said Norcom for said paper that she
was informed that she was together with her
twochildren sold by the said Norcum to
one A. B. Macafee a negrotrader
by whom she was taken possession of
and is now confined in his negro yard
in the city of St. Louis , and is informed
and verilybelieves that the said Macafee
intends forthwith to remove her
without thelimits of this state, and
jurisdiction of this court
Your petitioner further states that in
October 1849 and after the execution
of the deed of Emancipation she was
as a runaway, and F Norcum then who
was in the city of New York sent to her
to procure her released the certificate
hereuntoattached& made a part of this
petition
And your petitioner prays that
an order may be permited by your Honor
to allowher tosue as a poor person
she having means&
that your Honor will also permit an
order that she may have reasonable
liberty to attend her counsel and the
the
Court as may require
and that a warrant may issue for
your petitioner the and
that she may have such reliefas well
as the lawprovides and the necessity
of the case .
Hester Williams by Blackburn & McLeanher attys.
Milton N. McLean being duly sworn saith
that he nelieves the matters & things set
forth in the foregoing petition are true
and there makes an order is granted by the
Circuit Court that said Hester and her
two children Ella & Priscilla Martha
command one of the presentence of the
Court
Sworn to& subscribed
before me this11th
Oct 1853
M. S. Cerre ClkM. N. McLean
On reading and considering
the within petition it is ordered that the said
petitioners be allowed to sue on giving security
to the clerk for all costs that may
be payment petitioners
And it is further ordered
that said petitioner has reasonable liberty
to attend counsel and the Court as
may require. That they be not removed
out of the jurisdiction of the court, and
that they be not subjectto anyseverity
on account of their application for
freedom
St Louis Oct 11th
A. Hamilton Jug o 8th JudicialCir. Mo
75
Petiton of Hester
Williams Known as
Hester and Ella
& Priscilla
Filed October 11th 1853 M. S. Cerre Clk
Nov. Term 1853. Demurrer to petition filed. 24 p 82.Demurrersustd
leave to amend on or before the first day of next term24 p 114.April 2 1854
Declaration under the statute filed. 24 p 128. Cont by Consent 4 p 142
Motion to strike out paper filed & sustained & motion for final order filed & overruledLeave to
to amend on or before the first day of next term24 p 298.November Term 1854
Amended Declaration filed 24 p 319. Motion to strike out filed
and orvrd with leave to plead. plea filed 24 p 342contd as on
affidavit of pltf to procure testimony of Fred Norcum 24 p 484.Dedimus to New York . by plaintiff 24 p 497. Oct. 5'55Contd25 p 206. March 3 '56. April
17. & Judgt of freedom plaintiff to pay costs25 p 372.
Court House Papers
St. LouisState of Missouri
County of St. Louis The State of Missouri
M. N. McLean having sworn saith that
Hester Williams and her two children Priscilla
& Ella are in the custody of one
Edmond Loyden who he maintains &
believes is the against of A. B. McAffe and
Granville & Blakeypartners trading in
negros in the city of St. Louis and who has
the said negros in change at the instance
of Frederick Norcum
sworn to &subscribed
beforeme this 12 Oct
1853.
B JHammond ClkM. N. McLean
To the Circuit Court of St. Louis
County
M. N. McLean moves to
amend the petition for to same
filed on behalfof Hester Williams
& herchildren against Frederick
Norcum and A B McAfee byadding
thereto the names of Granville C
Blakey & Edmond Loyden the
said Loyden being the agent of
McAfee & Blakey
St. Louis Oct 12 1853Blackburn & McLean
Attys
State of Missouri
County of St Louis The State of Missouri to the
Sheriff of the County of St Louis Greeting
You are hereby commanded
to seize Hester . Ella & Priscilla known as Hester Williams & hertwochildren
where ever they may
be found and bring them before me at the Court
House in the room of the Circuit Court at the Court House on the 12th
day of Oct 1853 at 9 O'clock and to summon
A B McAfee in whose possession they now are to
appear at the same time and place
Given under my hand this 11th
day of October 1853
A Hamilton
Judge 8th Judi-
cial Cir. Mo.
Executed the within order from the
Honr. Alex Hamilton, by having the within
named parties in court on the 12th day of
October 1853.
AB. Mc.Afee not found.
Fee $3.00
non est 0.50
$3.50
Jn. M Wimer
Shff
State of Missouri
County of St. Louis
Sheriff of St. Louis CountyTo the State of Missouri to the
Greeting
You are hereby Commanded to seize
Hester Ella & Priscilla known as Hester Williams & her
two children where ever they may be found, and bring
them before me at the Court House in the Room of the Criminal Court at the Court house. on the 13th
day of Oct 1853 at 9 O. Clock A. M. and to sieze
msr A. B. McAfee Granville C. Blakey and Edmond Loyden
Wim C Moore in whose possession they now are to appear at the same
time and place
Given under my hand this 12th
day of October 1853.
Courthose Papers
St. Louis A Hamilton
Jud 8th Ju-
dicial Cir. Mo
Executed the within order on the 13th of October
1853, by having, Hester , Ella and Priscilla before
the Hon Alex Hamilton, & by summoning Wm
E. Moore to appear in court at 9. 0'clock a.m on this
day- A. B. McAfee. Granville C Blakey &
Edward Loyden not found.
Fee # 4.00
1.50
# 5.50
. M
Shrff
In this circuit court
Novr. Term 1853
Hester Williams
Priscilla Williams &
Ella Williams
against
Defendant Norcom byhisattorneycomes and
demurrsto the Plaintiffs' petition filed in the
aboveentitledcause that the
facts alleged as stated in saidpetitionare
not sufficient to entitle in behalf authorize
the judgement asked for by the Petitioners
Willis L WilliamspdCourt House Papers
St. Louis
Hester Williams & others
vs
Frederick Norcum & others
Demurrer to
Plffs petition
Filed, February 24, 1854 Wm J. Hammond Clk
Court House Papers
St. Louis State of Missouri
County of St. Louis St. Louis Circuit
Court
November Term
1854
Ella Williams and
Priscilla Williams by them
next for Early
and Hester Williams Plaintiffs
vs
Frederick Norcum
Granville Blakey
A B McAfee and
William E Moore
Declaration
under the
statute for
Freedom
Ella Williams and Priscilla Williams
minors by their next friend Jordan M
Early and Hester Williams complains
of the above named defendants of a
plea wherefore the said defendants
withforce and armsmade an assault
upon the said plaintiffs viz on the
seventhofOctober AD 1853 at St. Louis
on the county and State aforesaid
the said and then & there beat, bruised
& ill treated them & each of them and
then & there imprisoned them & kept &
detained them in prison without any
reasonable or probable cause, whatsoever
for a longtimeto wit for the space of
ten hours then next following contrary
to the laws & customs of this state the
said plaintiffs then & there being free
and being free for a long space of time
previous thereto viz for the period of
one year, and still being free persons
tho the said defendants held and still hold
plaintiffs in slavery.
And otherwrongs to the said plaintiffs then
& there did to the great damage of the
said plaintiffs and against the peace
Wherefore the said plaintiffs say they
havesustaineddamages in the sum
of one thousand dollars & therefore
they sue
by Blackburn & McLean
P attys
75
Circuit Court
Hester Williams
& others
vs
Frederick Norcum
& others
Declaration
underthe
statute
B. & McLean
Attys
Filed April 17, 1854 Wm. J. Hammond Clk
Court House Papers
St. Louis In the St. Louis Circuit Court April Term A D 1854
Hester Williams & others
vs
A. B. McAfee
Frederick Norcum & others
1 The defendants move to strike from the record
the paper marked as “filed April 17th 1854” for
the reasons
1. That said paper is not filed in accordance with,
but directly in derogation of the rules of this
Court.
2. The said paper is frivolous and of no sort
of application to the matters in issue.
3. The said paper is not an amendment of the
original petition, nor is it a petition itself
for freedom, as the suit pretends to be.
2 Defendants ask the Court to make an order
that the Sheriff deliver the plaintiffs to the
defendant Norcom or his agent, to be
dealt with as his slaves &c.
WillisL. Williams
Atty for Defendants
No. 119
Hester Williams & others
Vs
A. B. McAfee.
Motion to strike paper
from the record & for
said order.
Williams Atty pd
Filed June 27, 1854Hammond Clk57 75
Court House Papers
St. Louis State of Missouri
County of St. Louis Circuit Court of
St. Louis County
April Term 1854
Amended Declaration
Ella Williams , Priscilla Williams by
Jordan M . Early their next friend and
Hester Williams persons of color complains
of Frederick Norcum of a plea. For that
the said defendant on the day of
AD 1854 with force and arms &c made an
assault upon the said plaintiffs to wit
at St. Louis in the county aforesaid &
then & there beat, bruised & ill treated
them & each of them the said plaintiffs
& then & there imprisoned them & & each of
them the said plaintiffs & kept &detained
them & each of them in prison there
without any reasonable or probable
cause whatsoever for a long time viz
for the space of twelvehours then next
followingcontrary to the laws of the said
State and the will of the said plaintiffs
And the said plaintiff avers that
before and at the time of the committing
of the said grievances they were each
one of them and still are freepersins
& that the said defendant held & still
holds them in slavery to the plaintiffs
damagesdamages in the sum of ten
dollars & therefore theypray
by Blackburn &McLean
Plff Attys
75 Circuit Court
Ella Williams &
Priscilla Williams
by their nextfriend
Jordan MEarly
& Hester Williamsvs
Frederick Norcum
Amended
Declaration
B & McLean
Attys
Filed Nov. 20th 1854 Wm. J. Hammond clk
Court House Papers
St. Louis.County of St. Louis , Ss.
The State of Missouri ,To Saml Glover Thos Harvey Phillip C Morehead
JohnC. Richardson Greeting.
You are hereby Commanded, that, setting aside all manner of excuse and delay.
you appear before our Circuit Court for the County aforesaid, on the 13th
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 Williams is
plaintiff and McAfee &Norcum is
defendant on the part of Plaintiff
and herein you are in no wise to fail.
Witness, William J. Hammond , Clerk of our said Court,
with the seal thereof hereto affixed, at office, in
the City of St. Louis , this 8th
day of July in the year of our Lord
one thousand eight hundred and fifty-five Wm J. Hammond Clerk C. C.
Circuit Court 75
Williams
vs
McAfee &
Norcum
Spafor
Saml Glover Esq
Thos Harvey EsqJohn C. Richardson Phillip C. Morehead
Executed by reading to J. C. Richardson &
P. C. Morehead, in St Louis County February
12/55 S. Glover & Thos Harvey not found.
Fee $120
Turner Maddox shff By Chas Picker Dpty
Court House Papers
St. LouisCounty of St. Louis , Ss.
The State of Missouri ,To Thomas Harvey
Greeting:
You are hereby Commanded, that, setting aside all manner of execuse and delay,
you appear before our Circuit Court for the County aforesaid, on the
ever at the City of St. Louis , then and there
to testify, and the truth to in a certain matter of controversy now pending in our
said Court, wherein Hester Williams et al are
plaintiff and Fr.Norcum and others
defendant on the part ofPlaintiffs:
and herein you are in no wise to fail
Witness, William J. Hammond , Clerk of our said Court,
with the seal thereof hereto affixed, at office, in
the City of St. Louis , this 12th,
day of Feby in the year of our Lord
one thousand eight hundred and fifty-five Wm J. Hammond Clerk C. C.
75
Hester Williams
vs McAfee et al
Thos Henry
pltff
Thos Henry the within named not
found. Feb 12th 1855
Fee 10 cts
Turner Maddox shff By J. B. Hegdon Dpty
Part House Papers
St. LouisCounty of St. Louis , Ss.
The State of Missouri ,To Cicero S. Hawks, William DeWitt William Smith
& B. M. Lynch & Thomas S. Harvey Greeting:
You are hereby Commanded, that, setting aside all manner of excuse and delay, you appear
before our Circuit Court for the County aforesaid, on the 17th day of April
1856 at the City of St. Louis , then and there to testify,
and the truth to say in a certain matter of controvery now pending in our said Court, wherein
Hester Williams et al. by next friend &c are
plaintiffs and McAfee & others are
defendantss on the part of said plaintiffs
and herein you are in no wise to fail.
Witness, William J. Hammond , Clerk of our said
Court, with the seal thereof hereto affixed, at office,
in the City of St. Louis , this 15th
day of April in the year of our Lord
one thousand eight hundred and fifty-six Wm J Hammond Clerk C. C.
De Witt & Smith not found
Executed as to others within name
April 17/56
Fee $120
Turner Maddox Shff By Chas Picker Depy
75 (119 17 act. Nov. T. 53)
57 Trials Mar. T/56
In Circuit Court
(for April 17th)
Subp'a for Plffs
Hester Williams
vs McAfee &c
Bishop C. S. Hawks
Wm De Smith (on B.T. "Tropic")
Wm Smith (8th bet. & Elm)
B. M. Lynch (Locust bet. 4th & 5th)
Thos S. Harbey
Court House Papers
St. Louis
Upon the evidence in this case
plaintiff is not entitled to recover