commonly called " Clinton " Plff.
vs
John Blackburn Edward
M. Blackburn, Martha A
Blackburn , Charles A . Blalckburn
& Rufus C Blackburn and
Edward Hall curator of the
estates of the said Martha A .
Charles A . and Rufus C. Defendants
State of Missouri
County of St. Louis
In the St. Louis
Circuit Court
Sept. Term 1859.
The plaintiff Richard Clinton (commonly called
" Clinton ,") states that at and before the death of Lewis
James , late of St. Louis County Missouri , he be
longed to and was the property of the said Lewis
James .
That the said Lewis James is long since deceased,
viz on the day of 1830, and did
by his last will and testament, in writing duly
executed, and probated, (a copy of which, the original
not being in the possession or control of plaintiff
will be shown to the Court at the trial of this cause
or sooner if thereto required) emancipate this
plaintiff and did will that he should be free, to take
effect and be inforce upon & immediately after
the death of Morris James and Catherine
James the father and mother of said Lewis ,
or as soon thereafter as this plaintiff should
have
have attaind the age of twenty one years, his
services, in the meantime, during the life of
Morris and Catherine James being bequeathed
to them
Plaintiff further states that said Morris and
Catherine James have both died long since,
viz Morris on the day of 1834, and
on the day of 1835 or 40 and
that this plaintiff has long since arrived at the
age of twenty one years, to wit on the
day of 1844 or 5.
Plaintiff further states that he is wrong fully
and unlawfully held as a slave by the defen
dants, but in right and justice he is a free
man, Wherefore he prays for judgement of
liberation against said defendants and for
costs by Atty Bates & Woodson .
Richard Clinton Plaintiff being duly sworn
on his oath says that the foregoing petition and
the matters therein as stated he believes to be true.
Richard his Clinton
markSubscribed & Sworn to
before meMay 5th 1859S Rice C
In the St Louis Circuit Court .
February Term 1859Saturday March 7th 1859.
commonly called Clinton
vs
John Blackburn, Edward
M . Blackburn , Martha
A Blackburn, Charles A
Blackburn and Rufus
C Blackburn and Edward
Hall curator of the estates
of the said Martha A
Charles A and Rufus C.
Now comes the plaintiff
and files a petition for
freedom and also an
application for leave to
sue as a poor person, and
it appearing to the satisfaction
of the Court that the
petition contain sufficient
matter to authorize the
commencement of a suit,
it is ordered that the said
plaintiff be allowed to sue as a poor person, and that
he have reasonable liberty to attend his counsel and
the Court, as occasion may require, and that he be
not removed out of the jurisdiction of this Court and
be not subject to any severity on account of this
application for freedom.
A true copy of said order,
State of
Witness, Stephen Rice, Clerk of
the St Louis Circuit Court , with
the seal of said Court, hereto affixed,
at Office, in the City of St Louis this
7th day of May 1859. Stephen Rice Clk
NoLouis Circuit Court
Sep. Term 1839
hard Clinton (of color)
v
Blackburn et al
tition for freedom
Bates & Woodson
Filed May 7
1859S. Rice Clk
State of Missouri County of St. Louis SsTo the Hon. St Louis Circuit Court .
Your petitioner Richard Clinton (of color) commonly
called Clinton ; says that he was emancipated by
the last will of Lewis James , (who died in this
County in the year 1830), to take effect upon the death
of Morris James and James the father
and mother of said Lewis James or as soon thereafter
as he ( Clinton ) should have attained the age
of twenty one years. That said Morris and
Catherine James are both long since dead, and
that he has long since attained the age of twenty
one years, but not withstanding these facts
he is still restrained of his liberty and wrongfully held
as a slave by John Blackburn, Charles A
Blackburn Martha A Blackburn, Charles A
Blackburn, & Rufus C. Blackburn and Edward
Hall curator of the estates of said Martha A
Charles A and Rufus C. Blackburn .
He therefore prays the Hon. Circuit Court to
grant to him leave to sue as a poor person, in
order to establish his right to freedom, and also
to make an order upon the said John. EdwardM.
Martha A, Charles B & Rufus C Blackburn and
Edward Hall curator of the estates of sd Martha,
Charles and Rufus C Blackburn , that this petitioner
have reasonable liberty to attend his Counsel
and the Court as occasion may require, and that
he be not removed out of the jurisdiction of this
Court, and that he be not subjected to any
severity on account of his application for freedom
according to the form of the statute in
such case made and provided 55 p-810
by Atty Bates & Woodson
Richard Clinton petitioner being duly sworn on his
oath says that the foregoing petition and the facts
therein as stated he believes to be true
Richard his mark Clinton Subscribed & Sworn to
before me May 5th 1859SRiceC
ard Clinton (of color)
uis Circuit Court
tion for leave to sue&
freedom
Bates & Woodson
Filed May 7
SRiceClk
The State of Missouri ,
County Of St. Louis ,
Ss.To the Sheriff of St. Louis County—Greeting:
We command you to Summon
John Blackburn, Edward
M Blackburn , Martha A Blackburn,
Charles A Blackburn, & Rufus C Blackburn
and Edward Hall curator of the Estates
of the said Martha A. Charles A ., &
Rufus C.
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
Last Monday of September next, then and there to answer the
complaint of Richard Clinton , commonly
called " Clinton "
as set forth in the annexed petition : and have you then and there this writ.
Witness, Stephen Rice, Clerk of our said Court,
with the seal therof hereto affixed, at office, in the City of
St. Louis , this 9th day of May
in the year of our Lord eighteen hundred and fifty nineS Rice Clerk.
I acknowledge myself bound for all costs that may accrue in the case of
against
Witness my hand and seal, at St. Louis , this day of 185
Leave to sue in forma pauperis, reasonable liberty to attend counsel & Court &c 28 p 574
Dismissed as to Edward Hall and amended by leave29 p 203Dec 13 1859Mo
for judgt sustd & judgt for plff for freedom and costs 29 p 207.
823 - Lee 7
No. 111
St. Louis Circuit Court .
September Term 1859
Richard Clinton (of
color) commonly called
" Clinton "
vs
Summons
John Blackburn, Edward
M Blackburn , Martha A.
Blackburn Charles A Black
burn, Rufus C Blackburn and Edward Hall
curator of the Estates of the
said Martha A. Charles A ,
& Rufus C,- Defendants
— Pet for freedom
Bates & WoodsonIssued 9th of May 1859
S Rice Clerk.
Security for Costs.
$ 2.50 Copies due Clerk
- $ 3. Plff Sues as a "poor person"
Executed this writ in the County of St Louis on the
23rd day of May 1859 by delivering a copy of this
writ and petition as furnished by the clerk to
John Blackburn I did further execute this
writ in the County of St Louis , on the 6th day of
June 1859 by delivering Copys of this writ as
furnished the Clerk to each of the following
named persons Edward M Blackburn Martha
A Blackburn Chas A Blackburn Edward
Hall & Rufus C Blackburn the within named
defendants.
M.S. Cerre SheffBy Wilson PWellDeptySheriffs fee $ 6,00
Clinton
vs
Blackburn et al
CictCt No 111 Sept 7. 1859.Dismiss asto EdwdHall
R. G.Woodson
111
St Louis Circuit Court
Sept Term 1859
Richard Clinton (of color)
v
John Blackburn
et al.
answer of Edward Hall
Filed Sept 22 1859S Rice Clk
Richard Clinton (of color) commonly called Clinton Plaintiff
v
John Blackburn, Edward M Blackburn , Martha
A.Blackburn Charles A Blackburn & Rufus C
Blackburn and Edward Hall curator of the estates
of the said Montha A. Charles A. & Rufus C.
Defendants.
In the St Louis Circuit Court
September Term 1859,
The defendant Edward Hall impleaded
as the curator of the estates of Martha A. Charles A .
and Rufus C Blackburn , Answering for himself
alone says, He admits that he has at one time
been the curator of the estates of the said Martha
Charles and Rufus , under and by virtue of an
appointment of the Probate Court of St Louis County
on or about the day of 1850 or 51,
But he says that he is not now such curator-
that the said Martha Charles & Rufus , having attained
to the age of fourteen years, on the day
of August 1859, chase for their curator in
his stead the defendant John FBlackburn
and the said John was accordingly appointed by
the Probate Court to that trust & has undertaken the
same, And that this defendant has accounted
with the said John Blackburn , as such curator
And has delivered to him all the property remain
ing in this defendants hands of the said
Martha, Charles, & Rufus and
the rest the petitioner
He denies that he holds or ever did hold
the petitioner unlawfully as a slave, he never
had any other of him, than as curator
as aforesaid, under and by virtue of the
Sheriff of the said Probate Court of St Louis Co
With regard to the other statements in
the petition, this defendant says that he has
not sufficient knowledge or information, either
to admit or todeny the same
And now having fully answered he
prays to be hencedismissed
Edward Hall
Edward Hall the defendant being duly sworn
on his oath says that the foregoing answer and
the matters therein as stated he believestobetrue
Edward Hall Subscribed and Sworn to before me
this 22nd Sept 1859S Rice Clk
vs
John Blackburn, Edward M Blackburn
Martha A Blackburn Charles A. Blackburn and
Rufus C Blackburn , and Edward Hall curator
of the estates of the said Matha Charles & Rufus C
Blackburn Defendants
In the St Louis Circuit Court
Sep T. 1859
The defendants John L Blackburn and Edward
M . Blackburn , answering for them selves, and the
defendants Martha A Blackburn Charles A Black
burn, and Rufus C Blackburn answering by their
curator of their estates duly appointed and qual
ified, John T . Blackburn .
State, that the defendant Edward Hall is
notnowcurator of the estates of the defendants
Martha, Charles & Rufus as in the petition is alleged,
but they say that the defendant John T. Black
burn is curator of the estates of the said defendants,
duly by virtue of an appointment of the ProbateCourt
of St Louis County, made on the day of June
1858- And they admit that all the other facts
in the petition stated are true and pray & authorize the
Court to give such judgement as the said state
of facts renders lawful and right-
John T . Blackburn curator of Martha A Charles A Rufus C
Blackburn John T. Blackburn Edward M Blackburn
John T Blackburn are of the by John T Blackburn defendants, being
duly sworn on his oath states that the foregoing
answer and the matters therein as stated he believes to
be true-
affidavit waivedR. G.Woodson atty of Plf-
John T. Blackburn for himself as well as for the instant defendants, for whom he
is curator, Martha, Charles & Rufus Blackburn, being duly sworn on his oath
says that the foregoing answer and the matters therein as stated he believes
to be true-
John T Blackburn Sworn to & subscribed before
me Dec 10 1859S Rice Clk
No 111.
St Louis Circuit Court
Sep Term 1859
Richard Clinton (of Color)
v
John Blackburn et al
Filed Oct 10 1859S Rice Clk
Answer of Defendants
in person
v
John Blackburn
Edward Blackburn , Martha A
Blackhim Charles A Blackburn
Rufus C Blackburn & Edward
Hall curator of the estates of said
Martha, Charles & Rufus , Defts
No the St Louis Circuit Court
Sep Term 1889
Now comes the plaintiff by his attorney and
moves the court to judgement of emancipation
& for costs, on the petitions & answers filed
in this cause
by atty Bates & Woodson
No 111
St Louis Circuit Court
Sep Term 1859.
Richard Clinton (of Color)
vs
John Blackburn
et al
Filed Oct 10th 1859S RiceClkMotion for judgement
by atty Bates &Woodson
for Plaintiff
vs
JnoBlackburnet al
No 111Sep T 1859.
St Louis Circuit Court .
(Dec 13th 1859)
Judgement of liberation in favor
plaintiff on answer of Defts
and proofs against all the defendants except
EdwdHall
R Woodson atty for plff