To the Honorable Alexander Hamilton
Judge of the Circuit Court of St. Louis
County:

Your petitioner Preston Duty
respectfully represents that he is now
held in slavery in the city and county of
St. Louis and State of Missouri by John
F. Darly , as administrator of the estate
of Milton Duty deceased; that said Duty
died in the county and state aforesaid in the
year eighteen hundred and thirty
eight; that before his death, said Duty
made his last will and testament by
which, he the said Duty emancipated certain
of his slaves and among them your
petitioner to whom, he then belonged, was
also emancipated by said will; that not wi
thstanding said emancipation, your
petitioner has been held in slavery to the
present time although the debts against said estate have been fully paid but is now in fact entitl
ed to his freedom, that your petitioner
wholly without property and means to
maintain his suit. Wherefore your
petitioner prays your Honor to make
an order granting him leave to sue as
a poor person, for his freedom; that he
may have reasonable liberty to attend
his counsel and the court as occassion
may require; that he be not removed
out of the jurisdiction of the court nor
subjected to any severity on account
of this application for his freedom

Preston his Xmark Duty
Preston Duty

State of Missouri
County of St. Louis ss.

being duly sworn upon
his oath says that the
the facts set forth in the aboe and foreg
oing petition are true.

Preston his X Duty
mark
Sworn to and subscribed
before me this day
of November 1849

Peter W.Johnstone, Justice
of the PeaceState of Missouri
County of St. Louis ss.

Upon hearing the
above and foregoing
petition being of the
opinion that the said petition contains
sufficient matter to authorize the
commencement of a suit,
It is hereby
ordered that said petitioner Preston Duty
have leave to sue as a poor person; that
he have reasonable liberty to attend
his counsel and the Court as occassion
may require; that he be not removed out
of the jurisdiction of the Court and that
he be nor subjected to any severity on
account of his application for
freedom.

A. Hamilton
Judge 8th Judicial
Circuit, Mo.Nov. 15, 1849

Petition

Preston Duty plaintiff
against
John F. Darly defendantIn the
Circuit
Court of
St. LouisCounty of St. Louis ss
County April Term
1850

The plaintiff states that he is now
and has been, for more than two
years now last past held in slavery
by John F. Darly , the defendant, as administra
tor of the estate of Milton Duty
deceased, in the city and county
of St. Louis and State of Missouri
that he is now and has been during
all said time a free person; that
he has been confined and restrained
of his liberty by the defendnat;
that he was formerly the slave of the
said Milton Duty deceased; that said
Milton Duty died in the year eighteen
hundred and thirty eight in the county
of St. Louis aforesaid; that before his
death said Duty being then and so
continuing till his said decease
the owner of the plaintiff as his
slave, made his last will in
due form of law, a copy of which
duly authenticated is herewith,
filed, the original not being in
the possession or under the control
of the plaintiff; that by his said will
he emancipated and set free forever
all his slaves and among them
the plaintiff; that all the debts of
the estate of said Duty have been paid
or that an ample and far more than
sufficient funds are now in the
hands of the defendant to pay off
the same. Moreover the plaintiff
asks for judgement of libration agai
nst the defendant and all persons
claiming under, by or through him
or the said Milton Duty.

Field & Hall
Attys for Plffs

State of Missouri
County of St. Louis ss.

Alexander P. Field
being duly sworn upon his oath says that
he has investigated the facts set forth in
the above petition, that the said petition
and the matters therein as stated he
believes, to be true.

A P Field
M.S . Cerre Clerk Sworn to and subscribed
before me this 15th day of
November 1849

Petition
Field & Hall
Attys for Plff

Filed Nov. 24th 1849 M S Cerre Clk

County of St. Louis .SS.
The State Of Missouri ,To the Sheriff of St. Louis County, Greeting:

We command you To summon John F. Darley as
Admr of Milton Duty decd that he be
and 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 Mon
day of April next, then and there to answer unto Preston Duty of his petition hereto annexed And have you then 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 24th day of Novr. in the
year of our Lord eighteen hundred and forty
nine 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 day of
18

April Term 1850 Mo for scty for costs 20p82t Nov. 3. 1850 Resignation of Darley
& appear of Thomas Harvey adr ent 20 p 117. Contd 20 p. 341
Nov. 1851 Dismissed 7th Mch. 1851.21 p. 441

No 21
April Term 1850
St. Louis Circuit Court

Pet for freedom

Field & Hall Attos. IssuedNov 24th 1849. M.S. Cerre Clk

State of Missouri SS County of St Louis

Upon hearing the above and
foregoing petition being of the opinion that the
said petition contains sufficient matters to au-
thorize the Commencement of a suit. It is hereby ordered that said petitioner Preston Duty
have leave to sue as a poor person that he
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 subjected to any
severity on account of his application for freedom

Nov. 15 1849
a true copy attest M. S. Cerre Clk A Hamilton Judge 8th Judi
cial Circuit Mo.
Jury $2
Writ 1
Copy 30
3.30 due

Executed this writ in the county
of St. Louis on the 26th day of November
1849. by offering to read it to John F. Darley Admr
of the Estate of Milton Duty deceased which
he refused to hear and by delivering to said
Darley a true copy of the petition. And further
by reading to said Darley the order made
in this case by the Judge of the St. Louis
Circuit Court

Louis T. LaBeanme Shff By Isaiah C. Brown Depty fee $2.00

No. 21
In the Circuit Court
St. Louis CountyNov. Term, 1849.

And now the defendant moves the Court
to amend the order heretofore made in
this case to the end that said petitioner
be required to give security satisfactorily
to the clerk of this Court for all costs
that may be adjudged against him,
or, on failure thereof that said petition
be dismissed.

John F. Darley Admn. and Thomas Harvey Agent for the heirs of
Milton Duty decd.

No. 21.

Motion for security
for costs.

Filed 15th April 1850
M.S. Cerre Clk

Circuit Court
St. Louis County
April Term 1850

Defendant states that it is true that plaintiff
is now and has been held in slavery by
defendant as stated in plaintiffs petition.
But, defendant denies that plaintiff is
now or has been at any time previous here
to a free person. And defendant says
that said plaintiff is now & has always
been a slave for life and as such he
now belongs to the Estate of Milton
Duty decd. - of which Estate said Defendatn
says that he is now and has been for more
than two years last past the Public Ad
ministrator. And as such administrator
defendant says that said plaintiff is
now and has been confined & restrained by him of his liberty.

Defendant says that plaintiff was formerly
the slave of Milton Duty during his life
time and at his death he became as he
now is a slave belonging to the Estate of said Milton .

Defendant admits that said Milton Duty
died in St. Louis County in the State of Mis
souri about the year 1838.

Defendant denies that before his death
said Milton Duty made his last will in
due form of law as alleged in plain
tiffs petition. And defendant denies
that by that alleged Will or by any other
legal mode said Milton Duty did emanci
pate all his negro slaves and among
them the plaintiff.

Defendant denies that said plaintiff has any
right whatever to be informed whether
or not all the debts of said Estate have
been paid, or that an ample fund is in
the hands of the defendant to pay the same.
And, therefore, defendant declines to an
swer said allegation in the plaintiffs
petition.

Defendant denies that plaintiff has
a right to institute and prosecute his
said suit as a poor person; and that
as said plaintiff has failed to comply
with the provisions of the law Entitled
An “Act to enable persons held in
slavery to sue for their freedom” -
he ought not to be permitted to pro
secute the same.

Therefore Defendant
prays that said petition be dismissed
or that judgement be rendered in
his favour.

John F. Darley in proper person
Thos. Harvey , Attorney
for the heirs of Milton Duty.

Thomas Harvey , the agent and attorney
of defendant makes oath and says
that he believes the above petition
and the matters therein as stated
are true.

Thos. Harvey

Sworn to & Subscribed this 17th April A.D.1850

M.S. Cerre Clk

21

Answer.

Filed April 18th 1850 M.S. Cerre Clk