Executed this writ on Coleman Duncan in the City
of St . Louis May 26. 1830 by reading to him the Declaration petition summary& orders of the Judge- On James
Duncan in the city of St Louis June 4. 1830 by reading to him
the, declaration in petition summons& order of the Judge.

R. Simpson Shff Service $ 2.00

No. 35 St Louis Circuit Court
July Term 1830

Ralph a man of
color
vs
Coleman Duncan
& James Duncan

suitforfreedom

Action of a assault
& Battery &false
imprisonment
Dam. $ 500.

Bird for pliffiled May 26th 1830 A Gamble Clk

County of St Louis
The state of Missouri To the Sheriff of St Louis County
greeting

We command you to summon James
Duncan and Coleman Duncan that they be
and appear before the Judge of our Circuit
Court at the next term there of to be held
at the City of St Louis within and for the
County of St Louis on the fourth Monday
of July next then and there to answer
unto Ralph a man of color of a plea of
trespassassault&battery& false imprisonment
to the damage of said plaintiff of five hundred
dollars. And have you then there this writ

Witness of Archibald Gamble
of our said Court
26th day of may Archibald Gamble Clerk

To the Honorable William C. Carr Judge of the Circuit
Courts for the third Judicial Circuits of the state of
Missouri

1. The petition of Ralph a man of
Colour represents that he is justly entitled to his freedom
but that he is held in slavery now in St Louis in said
Circuit by James Duncan & Colman Duncan
your petitioner further says that he has resided
in the state of Illinois & the Territory of Michigan
for between two& three years lastpast here he
was taken by James Duncan &where he has
labored for him at his request &with the full knowledge &consentof said Coleman your petititioner
says thats he said James Duncan in the state of
Illinois for his freedom that said James wentinto
Courts where your petitioner had sued for his freedom
&represents that your petitioner belonged
to Coleman Duncan where upon said suit
wasdismissed&before your petitioner could
sue said Coleman for his freedom&serveprocess
upon him said Coleman had escaped or concealed
himselfso that process could not be secured upon
him & in the mean time said James Duncan
kidnapped your petitioner & brought him to St Louis
your petitioner further says that he believesit is
the intention of said James & Coleman to take
your petitioner to some place where the facts of his
freedom is unknown &sell him for a slave
your petitioner prays thats he may be permitted to
sue as a poorperson to establish his freedom that
counselmay be assigned to him & that such order
may be made & such processissued in his behalf
as his personal safety requires & the lawwill warrant

Ralph by G A Bird
his agent & atty

Gustavus A Bird states on oath
that he believes the facts stated in the
above petition are substantially true
sworn to before me this 26 may
1830

Will C. Carr .
G A Bird

State of Missouri
St . Louis County

It is here by ordered that Ralph the
above named petitioner be permitted to sue as a
poor person to establish his freedom & Gustavus A Bird
is assigned as his counsel to commence&present his
suit for freedom; it is ordered that said Ralph shall have reasonable liberty to attend his counsel& the Courts when occasion may require &
that said Ralph shall not be removed out of
the jurisdiction of the Circuit Courts of St Louis
County nor be subjected to any severity because of
his application for freedom Given under my hand
this 26 day of May AD 1830

Will . C. Carr

State of Missouri
St Louis county

Gustavus A Bird on oath says that
Ralph a man of color who has been
this day permitted to sue for his freedom is now in the
possession of James Duncan & Coleman Duncan who
are residents of the state of Kentucky - this affiant has
given cause to suspect&believe& does suspect&believe
that it is the intention of said James & Coleman
to remove said Ralph out of the state of Missouri
& that the order which has been made that said Ralph
shall not be removedout of the jurisdiction of the
Circuit Courts of St Louis County is in danger of being
violated unless said James & Coleman shall be
restrained by the order of the Judge of said Courts

G A Bird Sworn to before me this 26
may 1830. Will . C. Carr

At chambers 26 may 1830.State of Missouri
County of St Louis sct.

In consequence of the foregoing
affidavit it is hereby ordered that the
before named James Duncan & Coleman Duncan
enter into a recognizance with security
in the sum of five hundred with Con
dition that the petitioner Ralph shall
not be removed out of the jurisdiction of
the circuit Court of St louis County
But in case said James & Coleman shall
refuse to enter into such recognizance
then it is further orderd that the
sheriff of St Louis
County take possession
of said Ralph &hirehim out taking
land in the sum of five hundred
dollars with security &conditions
as the law directs.

Will C. Carr

State of Missouri
St Louis County Ss

on this 28th day of may 1830came
before me Ralph a man of Colour & being sworn
says he has lived at points in Michigan
Territory & in the state of Illinois for more than 2
years lastpast that he was sent there by
Coleman Duncan who now claims this affiant as
his slave that this affiant sued James Duncan
who said I belonged to him) for his freedom that
said James about the fourth of this month got me to dismiss said suit
& then took me to St . Louis Missouri & said
if I would not come he would put me in irons&
take me to Kentucky . Coleman Duncan now claims
me as his slave I have offered him $ 100 for
my freedom & my mate for $ 200 morewhich he
refuses to take I am in fear that James & Coleman
Duncan have conspired together to take me by
force from this place & sell me as a slave or
will cause me to be thus taken & sold I am
well convinced that I have been brought here in
pursuance of an agreementbetween said Coleman
& James Duncan & I want such measures taken
as willsecure my personal safety.

Ralph his markSworn & subscribed to before
me May 28th 1830. G. A . Bird Justice of the Peacein & for
St. Louis County Missouri

On behalf of the
witness named Ralph
I ask that James &
Coleman Duncan
may be compelled
to give security to
keep the peace &
Especally in relation to
said Ralph

G A Bird

Ralph vs.
James Duncan &
Coleman Duncan

County Of St. Louis , Sct.
State of Missouri ,To Any Judge Or Justice Of The Peace Of the state of Kentucky
--Greeting.

We, reposing special trust and confidence in your integrity and circumspection, do require and command you, that you
cause to come before you such person, or persons, as shall be named to you by Ralph a colored man- Coleman Duncan or James
Duncan their attorney or agent, and him, her or them examine upon his, her or their corporal oath, (to be by you administered,) touch-
ing> their knowledge of any thing that may relate to a certain matter of controversy, now pending in our Circuit Court ,
for the county of St. Louis , wherein Ralph a colored man is plaintiff and Coleman Duncan and
James Duncan are defendants, on the part of the said defendant, and having reduced the said
depositions so taken by you as aforesaid, into writing, you are required to send the same, together with this commission,
enclosed under your seal, to our said Circuit Court , with all convenient speed.

Witness, Archibald Gamble , Clerk of our said Circuit Court , at
the City of St. Louis , this eighteenth day of June In the
year of our Lord one thousand eight hundred and thirty Archibald Gamble Clerk, C.C.

In vacation June 18th 1830
clerks office of the St Louis Circuit Court

On application of the attorney for the defendants it is Ruled
that a Dedimius issue to any Judge or Justice of the Peace of this
state of Kentucky to take the depositions of witnesses to be read
on the trial of the above cause on the part of the defendants

Archibald gamble clerk

Ralph
vs
Coleman Duncan

Hiram Woodruff
John Duncan
Brison Pursley

for defendant

To the above named plaintiff and to Gustavus . A. Bird Esqr attorney for
said plaintiff.

Take notice, that in pursuance of a writ of
dedimus issued by the Clerk of the Circuit Court of the County of
St. Louis , we shall attend at the dwelling house of John Laffoon
in Hopkins County in the State of Kentucky on the twenty sixth,
twenty seventh and twenty Eight days of July next, between the
hours of six in the forenoon and six in the afternoon of the
said days respectively, then and there to take deposition of
witnesses to be read in Evidence on the trial of the above Cause

June 23rd 1830. Coleman Duncan
and James Duncan
by E. Bates their Atto.

I acknowledge to have
received a copy of the
within this 26th day of
June 1830at St. Louis

G. A. Bird atty
for Ralph

Ralph a man of Color
vs
Coleman Duncan
and James Duncan

Notice to take depositions

and the said Coleman & James by E. Bates
their attorney, come & defend the force & injury
wherefore & say that they are not guilty of the wrongs
trespasses above laid to their charge, in manner
& form as the said Ralph has above in declaring
Complained against them &ofthis
they put themselves upon the County.

E. Bates

and for as further plea in this behalf
the said Coleman & James say that the said
Ralph ought not to have or maintain his action aforesaid ...
them, because they say that at the time of the committing
of the said supposed trespasses, the said Ralph
was, & still is a slave, without this that the said
Ralph was, at the said time, a free person, as
in by his declaration
of this they put themselves upon the court

filed July 28th 1830 A. Gamble Clk

No 35 July Term 1830

Coleman & James
Duncan
vs.
Ralph , a man of Color

plea 1. N.G..
2. pltff a slave. filed July 28th 1830 A Gamble Clk

the deposition of witness Ralph a taken at the Dwelling
House of John Laffoon in the County of Hopkins
Kentucky , state on the 26th, 27th and 28th day of July
1830Between the hours of six in the forenoon and
six in the afternoon of said day Respectively
Agreeably to the notice here unto annexed to be
Read as evidence a On the part of the Defendant in
A suit now pending in the Circuit Court
in the County of St. Louis State of Missouri
wherein Ralph a Coloured man is plaintiff and
Coleman Duncan and James Duncan are
defendants -

July 26th 1830such agreeable to noticed and adjourned
until 27th.

27th July 1830 agreeable to adjournment
the deposition of Hiram Woodruff taken in the
above case this deponent being of lawful
age and first duly sworn deposith and sayeth
Question by deft

did or did you not start to orleansaboard of a
boat Belonging to John Duncan and
Brison Pursley in Company with Jesse
Duncan and a Coloured man named Ralph
the property of Coleman Duncan

Answer. I did Question by same
did or did not the boat get slow before you
got very far

Answer it did

Question by same

did or did not you and Jesse Duncan quit
the boat and goon to Fever River together

Answer I did

Question by same
did or did not Jesse Duncan take the
above named Coloured man Ralph with him
to Fever River

Answer he did

Question by Same
did or did you not hear Jesse Duncan Say
that he had hired the above named Coloured
man Ralph of Coleman Duncan in the state
Of Kentucky . Hiram Woodruff
Answer I did

And further this deponent Sayeth

The deposition of John Duncan taken at the
same time and in the same case this
deponent Being of lawfull age and first
duly sworn deposith and sayth

Question by deft

was or was you not present in the spring of
1828 in Kentucky in Company with Coleman Duncan
and Jesse Duncan and heard Coleman Duncan
hire unto Jesse Duncan the above named

Coloured man Ralph for twelvemonths page 3rd
Answer I did

Question By Same was or was you not in
Company with the said Jesse and Coleman
Duncan in the year 1829 in Kentucky and
heard Coleman Duncan and Jesse Duncan
Settle up for the hire of the Coloured man Ralph
years Work - Answer I did

Question by same did or ded you not hear
Coleman Duncan demand of Jesse Duncan
to Deliver him his negro man Ralph
Answer I did

Question by same have you or have you not
lived with said Coleman Duncan since the time
of settlement for the hire of said negro Ralph
Answer I have ; Question by same do or do
you not know that Jesse Duncan never
returned said negro Ralph to Coleman Duncan
Agreeable to Contract - Answer he never
did - Question by same was or was
not Jesse Duncan Bound to Deliver to Coleman
Duncan the Coloured man Ralph when Called for
Answer as I understood -

John Duncan
and further this Deponent Sayeth not

the deposition of Brison Pursley taken in the same
Case and at the same time and place this deponent
Being of lawfull age and first Duly sworn deposith
and Sayeth - Question By deft

did or did not Jesse Duncan Stash down the
river in your Boat which was Bound for Orleans in 1828 with a
Coloured man with him named Ralph said to be the property
of Coleman Duncan . Answer yes he did
Question By Same did or did not your Boat
get slow before you got very far

Answer it did - Question By Same
did or did not the said Jesse Duncan leave the
Boat and take the Coloured man Ralph with
him - Answer he did / Question by same
did you not or did you Ever hear me give
the said Jesse Duncan leave to take the said
Coloured man Ralph out of the State of Kentucky
Answer I never did
Brison Pursley
and further this deponent Sayeth not

Adjourned untill the 28th July 1830 J . Laffoon Pp.

July 28th 1830 a agreeable to adjournment
the Deposition of Isaac Metcalf taken on
the same Case this deponent being of lawful
age and first Duly Sworn Deposith and sayth

Questions By Defendant

page 5th

did or did you not hear Jesse Duncan state in
your presence of me Coleman Duncan within the
state of Kentucky that he the deceased Jesse Duncan
did hire of me a coloured man named Ralph
in the state of Kentucky to go with him aboard
of a Boat which was Bound to orleans Belonging
to Brison Pursley and John Duncan

Answer Said, Question by same, did or
did not said Jesse Duncan tell you that he
hired this coloured man named Ralph of me
Coleman Duncan in the State of Kentucky and was to return him
at the Expiration of one year / Answer he did
Question By same. did or did not said Jesse
Duncan also tell you that he had in the
state of Kentucky billed up with me for the
Hire of the above named coloured man
named Ralph for the one year served and
was Bound to return him to me
Answer I did three or four times hear him Repeat
the same words, Question By same did or
did not Jesse Duncan tell you that I Coleman
Duncan did not at any time Give him any
leave or accordingly to take the above named coloured
man Ralph out of the state of Kentucky
Answer, he did of different times Isaac Metcalf
and further this deponant sayeth not

page 6110

The deposition of Edward Ridly taken in the same
case this deponant being of lawful age and first
Duly Sworn deposith and sayeth

Question By Defendant. did or did you not hear
Jesse Duncan state at the house of Isaac Metcalf
state that he hired the above named coloured man
Ralph of me Coleman Duncan in the State of
Kentucky for the term of One year

Answer I did, Question By same, did or did
you not also hear Jesse Duncan say that he
had settled up with me in the State of Kentucky for
the one year services of the above named negro
Ralph , Answer I did, Question by same
did or did you not hear Jesse Duncan state in the year 1829 that
He was Bound by contract to Return the said coloured
man Ralph to one at the expiration of one
year and was to as soon as he was able to attend
to his business Answer said, Question by same
was or was not this shortly Before the death of the
said Jesse Duncan , Answer. it was

Question By same do or do you not believe
that the Said Jesse Duncan was then in his right mind
Answer. I think he was. Question by
same did or did you not hear Jesse Duncan
state some time Before that when in his proper
He atlth that I never gave him any leave or author-
ity

To Take the above named by coloured man
Ralph out of the State of Kentucky , Answer. Idid Edward his Ridly
Mark

and further this deponent Sayeth not
the foregoing Depositions of Hiram Woodruff
John Duncan Brison Pursley Isaac Metcalf
and Edward Ridly was this day and the foregoing
days taken and subscribed and sworn to By
the Said Deponents Before the under - assigned
a freedom of the peace for Hopkins County
Kentucky at the house and place and for the purposes
Stated in the captionsgivenunder my
Hand this 28th July 1830

John B . Laffoon J.P. H .C.

Kentucky
Hopkins . County Ss

ss.

I Samuel Woodson clerk of the Court for the County
aforesaid do hereby certify that John B . Laffoon acquired
before whom the foregoing depositions of Hiram Woodruff
and others appear to have been taken and whose
name is subscribed to the foregoing certificate is
and was at the time of subscribing the same
an acting Justice of the peace in & for said
County as to that fullfaith and orderith are
due and ought to be given to all his acts
whom acting in his official character as well
in court of Justice as thereof

In testimony whereof I have
her unto subscribed my name
the 11th day of August 1830 &
in the 39th year of the common wealthSam. Woodson

I Joseph F Morehane a Justice of the Peace within and for the
County of White and State of Illinois do here by certify that Lowry
Hay the above name deponant was by me duly sworn to testify the
whole truth of his knowledge touching the matter in Controversy between
the parties aforesaid, that his examination was reduced to writing and
by him subscribed in my presence on the day between the hours and at
the place in that behalf first aforesaid.

J S F Morehane J. P.

State of Illinois
White County

ss.

I James Ratcliff Clerk of the Circuit
Court in and for said County of White do certify that
Joseph F .Morchane Esq. who made the above certificate
and before whom the foregoing depostition was taken
now is and was at the date of certifying an acting
Justice of the Peace within and for said County
confirmed and qualified

In testimony where of I have here unto set
my hand and affixed the seal of said Court
at Carmi this 24th day of March 1831 Ja, Ratcliff Cost bill
Justice costs - 1.25
Witness fee - 50
Constable serving
& Milage -- 31 1/4
Clerk fee- 50
postage - 37 1/2 Received payment $ 3/4

The Deposition of Lowry Hay taken before me a Justice of the peace within
and for the County of White and State of Illinois on the 23rd day of March
in the year of our Lord eighteen Hundred and thirty one between the
hours of eight o'clock in the forenoon & six o'clock in the afternoon of
said day at the office of the clerk of the Circuit Court of White County &
State of Illinois at the Town of Carmi pursuant to the annexedDedimus
and notice to be read in evidence in a certain action pending in the
Circuit Court of Saint Louis County & State of Missouri wherein
Ralph a man of Colour is Plaintiff & James Duncan & Coleman Duncan
are defendants.

Lowry Hay of lawful age being produced sworn & examined
on the part of the plaintiff, deposith and sayeth as follows. -

Question is the body of the note annexed to this Deposition and marked

A in your hand writing ?

Answer Yes, I belive it is.

Que- Did you sue said Coleman Duncan sign & deliver said note
to said Ralph , if so when was said note made and where ?

Ans- The note was written at the Saline are the 2nd day of December 1829. but I do not recollect to have
seen it signed and delivered

Question How long did said Ralph live in Illinois before the execution
o said note?

Answer I believe about one month- perhaps a day or two over or
under that time.-

Question Was said Ralph when you know him reputed to be a slave or
a free man & of a slave whose was he reputed to be ?

Answer He was reputed to be a Slave, and to belong to a Mr. Duncan .

Question How long did Coleman Duncan hire Ralph to labour
as the salt works in Illinois near Shawneetown ?

Answer I do not know of Coleman Duncan hiring the labour of
Ralph , but am strongly under the impression that Ralph
hired out his own time.

Question What is the age, colour, size & Description of said negro man
Ralph as near as you can State?

Answer I have but an indistinct recollection of the man, but believe him to be about Forty years of age & of middle statute, I can't recollect of any other particulars by which to discribe
him.

Lowry Hay

Ralph a man of color
vs Coleman Duncan &
James Duncan

Deposition

filed March 31st
opened April 11th 1831 A Gamble clk Lowry Hay for pltff

County Of St. Louis , Sct.
The State Of Missouri ,To The Sheriff Of S. Louis County-Greeting.

You are hereby commanded to summon Charles Bobb. George Bobb, Thomas
Cruson, John Steels & Jude Warner
that setting aside all manner of excuse and delay, he be and appear in proper person before the
Judge of our Circuit Court , on the Seventh day of Aprilnext, 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 Ralph a man of Color is plaintiff
and Coleman Duncan & James Duncan are defendants on the
part of the plaintiff; and have you then there this writ,

Witness, Archibald Gamble , Clerk of our said Circuit
Court , at the City of St.Louis , this Fourteenth day
of March in the year of our Lord one thousand eight
hundred and thirty one Archibald Gamble Clerk C.C.

Served on Jude Warner on the 15th day
of March 1831 on John Steel on the 28 of same month on George and Charles Bobb
April 5th 1831by Reading the same to them
Thomas Cruson not found John K Walker Sheriff

service 200 #x0024; 2,12 1/2

March Term 1831

Ralph
vs
Coleman & James Duncan

Charles Bobb 4

George Bobb 5

Thomas Cruson

John Steel

Jude Warner 15

7th April-
for pltff

County Of St. Louis , Sct.
The State Of Missouri ,To The Sheriff Of S.Louis County--Greeting.

You are hereby commanded to summon Joseph. V. Garnier
that setting aside all manner of excuse and delay, he be and appear in proper person before the Judge
of our Circuit Court , on the Seventh day of Aprilnext, at the City of St. Louis ,
then and ther to testify and the truth to say in a certain matter of controversy now pending in our
said Court, wherein Ralph a man of Color is plaintiff and Coleman
Duncan & James Duncan is defendant on the part of the plaintiff;
and have you then there this writ,

Witness, Archibald Gamble , Clerk of our said Circuit
Court , at the City of St.Louis , this Ninth day
of March in the year of our Lord one thousand eight
hundred and thirty one Archibald Gamble Clerk C.C.

Executed this writ on Joseph V Garnier on
the 21st day of March 1831 by reading it
to him in the city of St Louis

J.K. Walker Sheriffby J. Brotherton D P Shff Service 50 cts

March Term 1831

Ralph
vs
Coleman & James Duncan

Joseph V. Garnier 21for pltff
7th April

County Of St. Louis , Sct.
The State Of Missouri ,To The Sheriff Of S.Louis County--Greeting.

You are hereby commanded to summon James Duncan , Joseph V. Garnier
that setting aside all manner of excuse and delay, they be and appear in proper person before the Judge
of our Circuit Court , on the 14th day of Aprilinstant, 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 Ralph is plaintiff and
Coleman Duncan is defendant on the part of the plaintiff;
and have you then there this writ,

Witness, Archibald Gamble , Clerk of our said Circuit
Court , at the City of St.Louis , this 8th day
of April in the year of our Lord one thousand eight
hundred and thirty one A.Gamble Clerk C.C.

Executed this writ on James Duncan
and J.V . Garnier April 9th by
reading the same to them in the County
of St Louis

John K . Walker Sheriffby S Blood D Sheriff Service $1.00

March Term

Ralph
vs
Coleman

James Duncan 9 Joseph V. Garnier 914th April

County Of St. Louis , Sct.
The State Of Missouri ,To The Sheriff Of S.Louis County—Greeting.

You are hereby commanded to summon Charles Bobb. Geroge Bobb ,
Thomas Cruson, John Steel Jude Warner
that setting aside all manner of excuse and delay, he be and appear in proper person before the
Judge of our Circuit Court , on the 14th day of Aprilinstant, at the City of
St. Louis , then and ther to testify and the truth to say in a certain matter of controversy now
pending in our said Court, wherein Ralph is plaintiff
and Coleman & James Duncan are defendants on the
part of the plaintiff; and have you then there this writ,

Witness, Archibald Gamble , Clerk of our said Circuit
Court , at the City of St.Louis , this 9th day
of April in the year of our Lord one thousand eight
hundred and 31 A Gamble Clerk C.C.

Executed this writ on John Steel April 11th
on Charles Bobb 12th april 1831 by Reading
it to them Jude Warner George Bobb
& Thomas Cruson not summoned for
want of time

John K Walker Sheriffservice $1.00

March Term '31

Ralph
vs
Coleman & James Duncan

Charles Bobb George Bobb Thomas Cruson John Steel 11 Jude Warner 14th April-

County Of St. Louis , Sct.
The State Of Missouri ,To The Sheriff Of St. Louis County--Greeting.

You are hereby commanded to summon Robert Duncan & Joseph Garnier
that setting aside all manner of excuse and delay, they be and appear in proper person before the Judge
of our Circuit Court , on the 14th day of April 1831, 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 Ralph a man of color is plaintiff and Coleman
Duncan & James Duncan is defendant on the part of the plaintiff;
and have you then there this writ,

Witness, Archibald Gamble , Clerk of our said Circuit
Court , at the City of St.Louis , this 14th day
of April in the year of our Lord one thousand eight
hundred and thirty one A Gamble Clerk C.C.

Executed this writ on Robert Duncan
and Joseph V . Garnier Esq.april 14th 1831
by Reading
the same to them in the
County of St Louis

John K Walker Sheriffby S.Blood Dept SheriffService $1.00

March 1831

Ralph a man of color
vs
Coleman Duncan
James Duncan

Summons for Robert Duncan & Joseph
Garnier 14th April
pltff

County Of St. Louis , Sct.
The State Of Missouri ,To The Sheriff Of S Louis County—Greeting.

You are hereby commanded to summon Dr. John Cornelius
Robert Simpson Henry von Phul & Charles Wahrendorff
that setting aside all manner of excuse and delay, he be and appear in proper person 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 Ralph a man of color is plaintiff
and Coleman Duncan & James Duncan defendant on the
part of the pltff; and have you then there this writ,

Witness, Archibald Gamble , Clerk of our said Circuit
Court , at the City of St.Louis , this 15th day
of April in the year of our Lord one thousand eight
hundred and thirty one A Gamble Clerk C.C.

Executed this writ on John Cornelius
& Robert Simpson 15th April on Chas
Wahrendorff 16th april 1831 by Reading
it to them Henry Von Phul not found

John K Walker Sheriff J. Brotherton D P S Services $ 1 50
12 1/2
$ 1.62 1/2

March 1831

Ralph
vs
Coleman & James
Duncan

for
Dr. John Cornelius

forthwith for
pltff

R . Simpson 15

Henry Von Phul &
16 Charles Wahrendorff pltff

County Of St. Louis , Sct.
The State Of Missouri ,To The Sheriff Of S Louis County--Greeting.

You are hereby commanded to summon Mrs. Sally Duncan
that setting aside all manner of excuse and delay, she be and appear in proper person 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 Ralph is plaintiff and
Coleman & James Duncan defendant on the part of the Defendants;
and have you then there this writ,

Witness, Archibald Gamble , Clerk of our said Circuit
Court , at the City of St.Louis , this 18th day of
April in the year of our Lord one thousand eight
hundred and thirty one A Gamble Clerk C.C.

March 1831

Ralph
vs
Coleman & James
Duncan

for
Mrs. Sally Duncans 18forthwith for
Deft

Executed this writ by Reading it to
her on the 18th day of april 1831

John K Walker Sheriff J.Brotherton Dp SheriffService 50 cts

County Of St. Louis , Sct.
The State Of Missouri ,To The Sheriff Of S Louis County--Greeting.

You are hereby commanded to summon Theodore L . McGill
that setting aside all manner of excuse and delay, he be and appear in proper person 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 Ralph a man of color is plaintiff and Coleman
Duncan & James Duncan are defendants on the part of the plaintiff;
and have you then there this writ,

Witness, Archibald Gamble , Clerk of our said Circuit
Court , at the City of St.Louis , this 18th day
of April in the year of our Lord one thousand eight
hundred and thirty one Arch Gamble Clerk C.C.

Executed this writ on Theo L . McGill
april 18th 1831 by Reading the same
to him in the County of St. Louis

John K Walker SheriffS. Blood Dept SheriffService 50

March Term '31

Ralph
vs
C & J Duncan

Theodore L . McGill forthwith
pltff

State of Missouri
St Louis County ss. Circuit Court Third Judicial
Circuit Declaration.

And said plaintiff also complains
of said Coleman Duncan for that
heretofore to wit on the second day of December
1829 at the County of Gallatin in the State of
Illinois towith at St Louis in the State of Missouri
the said Coleman withforce & arms an assault
did make upon the said plaintiff & him
the said plaintiff did then & there beat
wound & ill treat & him the said plaintiff did then & there falsely imprison & did keep him
said plaintiff in false imprisonment there for a
longspan of time to wit from the time case
aforesaid untill the time of the commencement of this suit And the said plaintiff avers
that before & at the time of the committing
the said several grievances he was & still is
a free person & the said Defendant held & detained & still helds & detains him in
Slavery By means of which premises the said
plaintiff has been prevented from attending to his
ordinary business & availing himself of the
benefit of his labor by which business & Labor the
plaintiff could have& should have wages a
large sum of money to wit the sum of
five hundred dollars had not the Defendant
presented him by the means aforesaid wherefore
the said plaintiff says he is greatly injured & hath
sustained Damages to five hundred Dollars
therefore he sues

G A Bird Attorney for
pltff

Ralph man of color
vs
Coleman Duncan

AmendedNarr

Filed April 23rd
1831 A Gamble
Clk

County Of St. Louis , Sct.
The State Of Missouri ,To The Sheriff Of Saint Louis County--Greeting.

You are hereby commanded to summon Mrs. Sally Duncan
that setting aside all manner of excuse and delay, she be and appear in proper person before the Judge
of our Circuit Court , on the second day of Augustnext, 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 Ralph is plaintiff and Coleman
Duncan is defendant on the part of the defendant;
and have you then there this writ,

Witness, Archibald Gamble , Clerk of our said Circuit
Court , at the City of St.Louis , this twenty fifth day of
june in the year of our Lord one thousand eight
hundred and thirty one Archibald Gamble Clerk C.C.

Executed this writ on Mrs. Sally Duncan in St Louis
county on the 1st day of July 1831 by Reading
it to her

John K Walker Sheriffby J . Brotherton Dept SheriffService 50 cts

July Term 1831

Ralph
vs
Coleman Duncan

for defendant

Mrs. Sally Duncan 2nd August

County Of St. Louis , Sct.
The State Of Missouri ,To The Sheriff Of Saint Louis County—Greeting.

You are hereby commanded to summon Theodore L McGill - Robert Simpson
Henry Von Phul - Charles Wahrendorff Charles Bobb- George Bobb- Thomas
Cruson - & John Steel
that setting aside all manner of excuse and delay, they be and appear in proper person before the
Judge of our Circuit Court , on the second day of Augustnext, at the City of
St. Louis , then and ther to testify and the truth to say in a certain matter of controversy now
pending in our said Court, wherein Ralph is plaintiff
and Coleman Duncan is defendant on the
part of the plaintiff; and have you then there this writ,

Witness, Archibald Gamble , Clerk of our said Circuit
Court , at the City of St.Louis , this twenth fifth day
of June in the year of our Lord one thousand eight
hundred and thirty one Archibald Gamble Clerk C.C.

Executed this writ on Henry Von Phul & R. Simpson
6th July on John Steel 14th July Theo L Magill 16th
July on Charles Bobb & George Bobb 18th July 1831
in the St Louis County by reading it to them
Charles Wahrendorff sick unable to attend
Thomas Cruson not found

John K Walker Shffby J. Brotherton Dept ShffService $3.00

July Term 1831

Ralph
vs
Coleman Duncan

for plaintiff

Theodore L Magill 16 Robert Simpson 6 july Henry Von Phul 6 Charles Wahrendorff Charles Bobb 18 George Bobb 18 Thomas Cruson John Steel 11 14on 2nd august

County Of St. Louis , Sct.
The State Of Missouri ,To The Sheriff Of Saint Louis County—Greeting.

You are hereby commanded to summon Jude Warner - James Duncan
Joseph V.Garnier & Robert Duncan
that setting aside all manner of excuse and delay, he be and appear in proper person before the
Judge of our Circuit Court , on the second day of Augustnext, 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 Ralph is plaintiff
and Coleman Duncan is defendant on the
part of the plaintiff; and have you then there this writ,

Witness, Archibald Gamble , Clerk of our said Circuit
Court , at the City of St.Louis , this twenty fifth day
of June in the year of our Lord one thousand eight
hundred and thirty one Archibald Gamble Clerk C.C.

Executed this writ on Robert Duncan 2nd
July on Joseph V Garnier 6th July 1831 in
the county of St Louis by reading it to
them Jude Warner & James Duncan not
found in my county

John K Walker SheriffService $1 00
25
$ 1.25

July Term 1831

Ralph
vs
Coleman Duncan

for plaintiff

Jude Warmer James Duncan Joseph V Garnier 6 Henry Duncan 2 julyon 2nd August

County Of St. Louis , Sct.
State of Missouri ,To Any Judge Or Justice Of The Peace Of the State of Kentucky
--Greeting

We, reposing special trust and confidence in your integrity and circumspection, do require and command you, that you
cause to come before you such person, or persons, as shall be named to you by Ralph a man of color or Coleman Duncan
their attorney or agent, and him, her or them examine upon his, her or their corporal oath, (to be by you administred,) touching
their knowledge of any thing that may relate to a certain of controversy, now pending in our circuit Court,
for the county of St. Louis , wherein Ralph a man matter of color is plaintiff and Coleman Duncan
is defendant, on the part of the said plaintiff, and having reduced the said
depositions so taken by you as aforesaid, into writing, you are required to send the same, together with this commission,
enclosed under your seal, to our said circuit court, with all convenient speed.

Witness, Archibald Gamble , Clerk of our said Circuit Court , at
the City of St. Louis , this Twenty Eighth day of May in the
year of our Lord one thousand eight hundred and thirty one Archibald Gamble Clerk, C.C.

In vacation 28th May 1831
Clerks office of the st. Louis Circuit Court

On the application of the attorney for the plaintiff it is Ruled
that a Dedimus issue to any Judge or Justice of the peace of the State
of Kentucky to take the depositions of witnesses to be read in evidence
on the trial of this cause on the part of the plaintiff

A true copy of the Rule Archibald Gamble clerk

In the St Louis Circuit court &
State of Missouri

To the above named defendant
& Edward Bates Esqure his attorney
he take notice that on the 27th 28th 29th & 30th days
of June instant at the court house in the town of
Madisonville in Hopkins County and State of Kentucky
between the hours of eight O clock in the forenoon &
6 O clock in the afternoon of each of said days
I shall prove to take the Depositions of witnesses
to be read in evidence on the trial of the above
cause June 1st 1831

Yours & G A Bird attorney for
Plaintiff This commission must be
annexed to the Depositions
& sent back withthem

Depositions of witnesses produced sworn & examined on
the / here insert the day /or days / on which the Depositions
shall be taken / in the year of our Lord eighteen hundred
& thirty one between the hours of eight O clock in the
forenoon & six O clock in the afternoon of said day
/ar of each of said days as the case may be at the Court
house on the town of Madisonville Hopkins County
and State of Kentucky before me / A.B .a
Justice of the peace within & for the County aforesaid
in a certain cause now depending in the Circuit
Court of the County of St Louis in the state of Missouri
between Ralph a man of color Plaintiff & Coleman
Duncan Defendant
on the part of the Plaintiff
E.B .of lawful age being produced Sworn & examined on
the part of the plaintiff Deposith & saith / here insert the
statement of the witnesses)

(note) each deposition must be subscribed by the witness and
the office must annex at the fact therof the following
certificate.

Sworn & Subscribed to before me this day of June 1831
at the place & between the hours in that behalf first
aforesaid A. B. J . Peace

At the end of all the Depositions should be a certificate
in the following form

I A.B a Justice of the peace within & for the County of Hopkins & State of Kentucky do hereby certify that the above
named Deponents /N. O.P . / whereby
me severally sworn to testify the whole
truth of their knowledge touching
the matter in controversy aforesaid
that they were examined & their examination reduced
to writing & by these respectively subscribed in my / presence
on the day between the hours & at the place on that behalf
first aforesaid

A.B .J.P.

The clerk of the Court where the Justice's commission is
recorded must certify under the seal of the court
to the official character of the Justice who takes
the deposition. The Depositions must be sealed up & Directed to the Clerk of the Circuit Court at St .
Louis Missouri and the names of the parties to the
suit must be endorsed thus

Ralph a man of color
vs
Coleman Duncan

Depositions of witnesses produced sworn & examined
on the 28th day of June 1831 between the hours of
8 Oclock in the forenoon and 6 O clock in the afternoon
at the Court house in the town of Madisonville
Hopkins county & State of Kentucky before me
E.W.R . Woolfolk a justice of the peace within and
for the county aforesaid in a certain cause now
depending in the Circuit Court of the County of St. Louis in the state of Missouri between Ralph a
man of color plaintiff and Coleman Duncan Defendant
on the part of the plaintiff. John Duncan
of lawful age being produced sworn and examined
on the part of the plff. deposes & says

Question by Plaintiff. Do you or do you not
know that Ralph /a man of color / who belonged
to Coleman Duncan was sent to labor at the
mines in the state of Illinois in the year 1827
1828 or 1829

ans I think in the year 1827 my brother of Jesse
took Ralph from Hopkins County and said
he was going to the mines
in Illinois or Michigan Territory

Quest by same. Was Ralph or not at the
time he was taken off by your brother the
property of Coleman Duncan

Ans. yes,

Quest by same Have you or not heard
Coleman Duncan say then Ralph was his

or at labor at the mines in Illinois in the
year 18271828 or 1829

ans. I do not recollect whether I never heard
him say so or not

Quest. by same. Was or was not the said
Ralph taken off by your brother Jesse with
the knowledge and consent of Coleman
Duncan

ans. I expect he was

Quest. by same. Have you or not heard
or understood that the said Ralph was at work in or at the mines in Illinois
in 1827, 1828 or 1829

ans yes I understood he was at the Fever
River lead mines

Quest by same From whom did you get that information

ans I understood so from Mr. Woodruff and
my brother Jesse

Quest. by same. Do you or not know
that Ralph was hired at or near the Saline
in the state of Illinois in 1826 or 1827

ans. I do not

Quest by same Did you or not hear Coleman Duncan say that he was hired
to labor three in one or the other of three
years

Ans I do not recollect that I everdid I
might or might not have heard him say so
Question by DefDid you or did you not hear Coleman
Duncan say that his brother Jesse had taken Ralph
to the lead mines in Illinois with his knowledge &
consent; Ans. I do not recollect that I ever heard
him say anything particular about it

Quest by plaintiff Did or did not Coleman
Duncan object to your Brother Jesse taking
Ralph to the mines

Ans I neverheard of his objecting nor
did I know that he know that he was going to take
him to the mines

Question by Def was or was not Ralph hired to
Jesse when he took him off

Ans I understood so I saw him pay the hire
Ques by pltff For how long a time was
he hired

Ans For one year I understood.

Ques by same In what year was he hired
Ans I think it was in 1827 as well
as I recollect

Quest by same Did you or not hear
Jesse Duncan tell Coleman Duncan that
he had hired Ralph at the mines in
Illinois

Ans I dont recollect that I everheard him
tell him any thing about it

and further this deponent sayeth not

John Duncan sworn to and subscribed before me this 28th day of
June 1831 at the place and between the hours
in that behalf first aforesaid E . W . R . Woolfolk J.P.H.C.

also the deposition of Hiram Woodruff taken at
the same time and place to be read as evidence
in the same cause on the part of the plaintiff this deponent being of lawful
age and first duly sworn deposes& says
Quest by plaintiff was you or not acquainted
with Ralph a man of color claimed by Coleman
Duncan

AnsYes I was a little acquanted with him
Quest by same Do you or not know that
said Ralph was hired to labor at the lead
mines in the state of Illinois in the year
1828 or 1829

Ans. I saw him at work there in 1827 or 1828
I cant recollect which

Ques by same How longdid said Ralph
work at the mines

Ans I went with him to the mines in

Illinois and stayed there about 3 months and when I came away I left him
there at work

Ques by same who took Ralph to the
mines

Ans Jesse Duncan

Quest by same-was Ralph or not taken there
by and with Coleman Duncan's knowledge
and consent

Ans I suppose that he knew that he was going,
but whether he knew where he was going I
cannot tell

Quest by same was you or not told in Kentucky
by Coleman & Jesse Duncan about the time
that Ralph was taken away that theirintentionwas
to take him to the lead mines near Galena

Ans I never heard Coleman Duncan say
any thing about it, Jesse told me that he
was going to the lead mines and Ralph
was along with him

Ques by same Did or did not Coleman and
Jesse Duncan live at or near the same place
at the time Ralph was taken to the
mines

Ans They are

Ques by same Do you or not know of your own
knowledge that Coleman Duncan knew of or consented
to Jesse Duncan taking Ralph to Illinois or the
Michigan Territory Ans I do not.

Ques by same Do you or not know positively that
those mines at which you saw Ralph at work were
in Illinois I cannot tell whether they were or not

Quest by pltff How for from Gallena was
it to where the said Ralph was at work

Ans It was called ten miles.

Quest by same was or was not the
place where Ralph was hired to work
on the Illinois side of the Mississippi

Ansyes

Question By Deft Do you or not know that Ralph
was hired or not at the minesAns I do not that he was
hired And further this deponent saith not

Hiram Woodruff

Sworn to and subscribed before me this 28th day
of June 1831 at the place and between the
hours in that behalf first aforesaid E W R Woolfolk JPHC

Also the deposition of Allen O' Bryan at
the same time and place on the part of the defendent
by leave of plaintiff all objections on his part
being received to the taking of the same to be read as evidence
in the same cause this deponent being of
lawful age and first duly sworn deposesand says
Question by the defendent was or was not John
Steel present when a settlement was made between
John Gordon and Owings the manager of the
saline works in Illinois And It is my impression
he was there before the settlement was enclosed
but I will not be positive; Question by same
can you or can you not state in what year this
was

Ans. It was in the month of september or october
in the year 1819 And further this deponent

Allen O' Bryan

saith not

I E W R Woolfolk a Justice of the Peace
within and for the county of Hopkins and state
of Kentucky as hereby certify that the above
named deposition of John Duncan , Hiram
Woodruff and Allen O'Bryan were by me
severally sworn to testify the whole truth of
their knowledge touching the matter in controversy
aforesaid, that they were examined
and this examination reduced to writing
and by then respectively subscribed in
my presence on the day between the hours
and at the place in the behalf first aforesaid

E W R Woolfolk JPHCconstablesfee $ 1.00
Justicesfee $ 1.00
witness 3.00
plaintiffs costs $5.00

Kentucky
Hopkins County

I Samuel Woodson clerk of the court for the County
aforesaid do certify that E W R Woolfolk esq. whose name is
subscribed to the above aforesaid certificate is now & was at the
time of subscribing the same acting Justice of the Peace in & for said
Hopkins County & that due faith & credit is & ought to be given
to all his acts as such

In Testimony whereof I have hereunto subscribed
my name & affixed the seal of said County
the 28th day of June 1831 and in the 40th year
of the Commonwealth Sam Woodson Clerk fee 50
50
$ 1.00 Att S. Woodson Clk

Ralph a man of color
vs
Coleman Duncan
Deposition

Opened & filed
July 9th 1831A gamble Clk for pff
Jn Duncan
Hiram Woodruff
Allen O' Bryan

State of Illinois
Sangamon County

I Charles R Matheny clk of the county
court of said county do hereby certify that William Carpenter
whose name appears to the foregoing certificate is an
acting Justice of the Peace duly sworn and authorized
in and for said county and that full faith and
credit is due to all his official acts as such

Given under my hand and seal of
office at spring field in said county
this 22 day of July AD 1831
Charles R Matheny clk

Fee BillSubpoena18 3/4Serving Do12Deposition1.43 3/4Clerk Certificate25 Adam Smith attendance50$ 2.50

Ralph vs
Coleman Duncan

(a man of colour Deposition)

Ralph
vs
Coleman Duncan

Depos. of- for pff
Adam Smith
opened&filed
July 28th 1831 A Gamble Clk

Archibald Gamble esq
St Louis
Missouri

The Deposition of Adam Smith taken before Wm. Carpenter
A Justice of the Peace within and for the county of
Sangamon and state of Illinois on the 22nd day of July in
the year of our Lord Eighteen hundred and thirty one
at the office of Wm. Carpenter in the Town of Springfield
and county aforesaid Between the hour of eight oclock
in the forenoon and six oclock in the afternoon of said
day to be read in evidence in a certain action pending
in the Circuit Court of St Louis County and state of
Missouri in which Ralph (a man of Color) is plaintiff and
Coleman Duncan is Defendant, on the part of the plaintiff
Adam Smith of lawful age being produced sworn and
examined on the part of the Plaintiff Deposith and saith
as follows (to writ)

Ques 1st Did you know the plaintiff Ralph when he was the
slave of John Gordon of Kentucky .

Answer I did

Quest 2nd Do you or not know that said Gordan
while he claimed said Ralph as his slave
hired said Ralph to labour at the Saline in
the state of Illinois near Shawneetown previous
to the 3rd of December in the year 1818 Please
to state all the circumstance
within your knowledge
on this subject

Answer From information, Ralph was fired in Illinois in
the years of 1818 or 1819 and was hired there
frore several years afterwards

Qust. 3rd Did on did not said Defendant Coleman
Duncan , in the years 1826 and 1827 claim aid
Ralph as his slave

Answer Coleman Duncan was at my house in Sangamon
County Illinois in the year of 1826 on 1827
that said Duncan then stated to me at that time
that he had purchased said Ralph from John
Gordan

Qust 4th. Do you know or have you heard said Coleman
Duncan admit that said Ralph was hired by him
on by his permission to labour at the Saline in Illinois
at any time, during the years 1826 on 1827. State if
you know or have heard said Coleman Duncan
say on this subject

Answer I never heard said Coleman Duncan say any
thing on the subject

Adam Smith

I Wm. Carpenter a Justice of the Peace within and for
the County of Sangamon and state of Illinois do hereby
certify that the above named Deponent Adam Smith
was by me duly sworn to testify the whole truth of his
knowledge touching the matter in controversy between the
parties aforesaid, that his examination was reduced to
writing and by him subcribed in my presence on the
22nd day of July between the hour of eight oclock
A.M. and six oclock PM at my office in the
town of springfield. Witness my hand and seal
this 22nd day of July 1831

W. Carpenter J P (Ill.)

County Of St. Louis , Sct.
State of Missouri ,To any Judge or Justice of the Peace of the State of Illinois
---Greeting.

We, reposing special trust and confidence in your integrity and circumspection, do require and command
you that you cause to come before you such person or persons as shall be named to you by Ralph
(a man of color) or Coleman Duncan their attorney
or agent, and him or them examine upon his, her or their corporeal oath (to be you administered) touching their knowledge of any thing that may relate to a certain matter of controversy, now pending in
our Circuit Court , for the county of St. Louis , wherein Ralph (a man of color)
is plaintiff and Coleman Duncan is defendant on the part of the said
plaintiff and having reduced the said depositions so taken by you as aforesaid into writing, you are required to send the same, together with this commission, enclosed under your seal, to our said Circuit
Court , with all convenient speed.

Witness, Archibald Gamble , Clerk of our said Circuit Court ,
at the city of St. Louis , this eleventh day of July in
the year of our Lord, one thousand eight hundred and thirty-one Archibald Gamble Clerk, C.C.

In Vacation July 11th 1831
Clerk office of the St Louis Circuit Court

On the application of the attorney for the Plaintiff it is Ruled
that a Dedimusissue to any Judge or Justice of the Peace of the state of
Illinois to take the depositions of witnesses to be read in evidence on the
trial of the above cause on the part of the plaintiff

a true copy of the Rule Archibald gamble Clerk

The Deft has this day been notifud that plaintiff
will take Depositions in this cause at the
office of William Carpenter in the tower of
spring field Sangamon county & state of Illinois
an the 21st 22nd & 23rd days of July instant between
the hours of 8 o clock AM & 6 o clock pm
of said days.

G A Bird Atty for pltff

State of Illinois
White County

The Deposition of taken before me
John Craw Justice
of the peace for the
County of White and State of Illinois
at the office of the Clerk of the Circuit
Court for said County, at the Town
on the 23rd day of July 1831, Between
thehours of Eight O Clock in the forenoon, and six O clock in the afternoon
of said day, to be read in evidence in
a Certain matter of Controversy now
pending in the Circuit Court of St. Louis
and state of Missouri , where in Ralph
a man of color is plaintiff and Coleman
Duncan is Defendant, on the part of
the plaintiffs,

Lowry Hay of Lawful age being
produced, sworn and examined on the
part of the plaintiff Deposith and sayeth
as follows

Have you any Recollection of a note
purporting to be a note from Coleman
Duncan to Ralph for Twenty Dollars
dated in 1827and attached to a Deposition
of yoursheretofore taken in this Cause

Answer

When the Deposition in this Cause was
heretofore taken there was a note attached
which was in my hand writing

Question 2nd. Did said Ralph and one Joa
Negro man said to belong to one Duncan
work for you in Illinois in1827 on or
the date of said note

Ans.

Negros by the name of Ralph and Jo Did
work for me in 1827 and I understood them
to belong to Coleman Duncan

Ques 3rd.

Did these men when working for your in
1827pass for slaves or free men If for slaves
Did they work for you with or without the
consent of the person that claimed to be their
master

Ans.

I Considered them slaves, but whether
they came with or without their masters
consent I know not

Ques. 4th.

was Coleman Duncan or a man by the name
of Duncan at the Saline in Illinois in 1827 when
said Ralph and Jo was their Labouring as
aforesaid, Claiming their wages and observing
them as thereby of master over then,

Ans.

Coleman Duncan was at the Saline about
the time Ralph and Joleft there, But when
then their wages was paid to him or them & I do not
recollect

Ques 5th

Did your know said Ralph when he belonged
to John Gordan of Kentucky

Ans.

I did not

Lowry Hay

State of Illinois
White County
Ss

I John Craw a Justice of the
White County of the Peace within and for said county
of the and state of Illinois Do

Certify that the above named Lowry Hay was
by me Duly sworn and testified to
To the matters and things touching the matters
in controversyas aforesaid in my presence
the 23rd Day of July 1831between the hours
of eight o clock AM and six o clock P.M.
at the Clerk office of the Circuit Court
of White County given under myhand
and seal this 23rd Day of July 1831

John Craw JsPc

State of Illinois
White County

I James Ratcliff Clerk of the Circuit
Court in and for White County aforesaid do
Certify that John Craw Esq. before whom the
foregoing deposition was taken and by him certified
now is and was at the date of Certifying an
acting Justice of the peace within and for
said County commissioned and qualified

In testimony where of I have here
unto set my hand and affixed the
seal of said Court at Carmi this
23rd day of July 1831 James Ratcliff Clk Costs for taken deposition
Justice Costs - 1.00
witness fee - .50
Certificate & seal-.50
$ 2.00

Double 25

Clerk of the Circuit
Court of St Louis
County Missouri
St Louis

Carmi Ill
August 11th

Ralph , a man of color,
vs
Coleman Duncan

Deposition

Lowry Hay
for pltff

Filed & opened
9th August 1831 Archibald gamble
Clerk

St Louis St Louis St Louis

County Of St. Louis , Sct.
The State Of Missouri ,To The Sheriff Of St Louis County-Greeting.

You are hereby commanded to summon Joseph V Garnier & Jeremiah
Millington that setting aside all manner of excuse and delay, he be and appear in proper person before the
Judge of our Circuit Court , on the eighth day of Augustinstant, 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 Ralph a man of color is plaintiff
and Coleman Duncan is defendant on the
part of the Defendants; and hare you then there this writ,

Witness, Archibald Gamble , Clerk of our said Circuit
Court , at the City of St.Louis , this sixth day
of August in the year of our Lord one thousand eight
hundred and thirty one A Gamble Clerk C.C.

July 1831

Ralph
vs
Coleman Duncan

for plff

J.V . Garnier Jeremiah Millington 8th August
Plaintiff

Executed this writ on the J.V . Garnier and
Jeremiah Millington on the 8th August
1831 in the city of St.Louis

John K Walker Sheriff Jas. Brotherton DeptService $ 1.00

Suit for freedom
in the St. Louis Circuit
Court

The above named Ralph the plaintiff
and G. A. Bird Esq. his attorney will take
notice that in virtue of a Dedimusissued
from the office of the said Circuit Court ,
depositions of witnesses will be taken, on
the fifteenth day of Novembernext
at the courthouse in the county of Hopkins
State of Kentucky , between the hours of
eight O clock in the morning six O clock
in the afternoon of that day (and to be
continued from day to day between the
same hours, if need be) to be read in
evidence on the trial of the above,
named cause, or the part of the
defendant.

Coleman Duncan
by his atty E. Bates October 19. 1831.

Executed the within notice by reading it to Gustavus
A. Bird in the city of St. Louis on the 20 day
of October 1831

John K Walker Shriff
by J Brotherton Dept Shrf Service .50 cts

County Of St. Louis , Sct.
State of Missouri ,To any Judge or Justice of the Peace of the State of Kentucky
---Greeting.

We, reposing special trust and confidence in your integrity and circumspection, do require and command
you that you cause to come before you such person or persons as shall be named to you by Coleman
Duncan or Ralph (a man of color) their attorney
or agent, and him or them examine upon his, her or their corporeal oath (to be by you administered)
touching their knowledge of any thing that may relate to a certain matter of controversy, now pending in
our Circuit Court , for the county of St. Louis , wherein Ralph
is plaintiff and Coleman Duncan is defendant on the part of the said
defendant and having reduced the said depositions so taken by you a aforesaid into writing,
you are required to end the same, together with this commission, enclosed under your seal, to our said Circuit
Court , with all convenient speed.

Witness, Archibald Gamble , Clerk of our said Circuit Court ,
at the City of St. Louis , this Nineteenth day of October in
the year of our Lord, one thouand eight hundred and thirty-one Archibald Gamble Clerk, C.C.

In vacation 19th October 1831
Clerk Office of the St. Louis Circuit Court

On the application of the attorney for the plaintiff it is Ruled
that a dedimusissue to any Judge or Justice of the peace of the State
of Kentucky to take the depositions of witnesses to be read in evidence
on the trial of this cause on the part of the defendant

a true copy of the Rule Archibald Gamble Clerk

Ralph
vs
Coleman Duncan

Filed & opened 25th November
1831 Archibald Gamble Clerk Depositions
for defendant Ambrose G Gordon Wm. Gordon Nathan Hibbs Lawson Robertson Joseph Robertson

Woodson Clerk of the Court
for the County aforesaid (the
same being a Court of record so
constituted by law) have herein
to subscribed my name and
affixed the seal of said County
at Office this fifteenth day of
November one thousand eight
hundred thirty one

Sam Woodson

Deposition of witness produced Sworn and examined
at the Court House in the County of Hopkins and
State of Kentucky before me Samuel Morton a Justince
of the peace in and for the County and state aforesaid
in a certain cause now depending in the Circuit Court
of the County of St. Louis State of Missouri between
Ralph (a man of Color) is Plaintiff and Coleman Duncan
is Defendant,

Ambrose G Gordon of lawful age being produced
and sworn and examined on the part of the Defendant
and sayeth

Question by Defendant do your know the plaintiff
and how long have you known him
Answer. I know him well he was once the property
of my father I have known him from my
infancy near twenty eight years.

question by same where did he reside and
with whom during the years 1816. 1817,
& 1818.

Answer. He resided the principal part of his time
at my Fathers in Hopkins county Kentucky &
some parts at the Saline lick now the State of
Illinois

question same do you know of your father
Taking him to Ill to hire him
Answer: I do not believe he ever did at any time
and further this Deponant Sayeth not

Ambrose G Gordon

Kentucky
Hopkins County

I Samuel Morton an acting Justice
of the peace in and for the county aforesaid
do hereby certify that Ambrose G. Gordon 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 reduced to
writing and subscribed by said deponent in my
presence on the fifteenth day of November in the
year eighteen hundred and thirty one between the
hours of eight in the forenoon and six in the afternoon
at the court house in the County of Hopkins in
State of Kentucky ,
Given and certified the 15th day of November 1831

Sam Morton J. P.

also the deposition of William Gordon to here
at the same time and place in the caption
mentioned being of lawfull age
sworn and examined on the part of the
deft. deposeth and sayeth

question by Deft

how long have you known
the plaintiff Ralph and where did he
live

Answer I know him from the time that
he was born and that he lived in Kentucky until
shortly after Duncan purchased him

he belong to my Father ever
until the division and then he fell to
my brother John

Ques by same
did you on not live near your
brother John in the years 1815
16 17 18 & 19 & did he or not
hire Ralph at the Saline in those
years to your knowledge

ans.
I lived in five miles a
John in those years I never
knew of his being hired by
John Gordon at the Saline

Question by same if John Gordon
had hired Ralph at the
Saline do you or not believe you
would have known it
ans. I believe if John had
hired him there I should have
known it I heard John Gordon
say in his lifetime the
negro hired his own time
& went to the saline of his
own accord
& further this deponent sayeth
not

Will Gordon

Hopkins county & State of Kentucky

I Samuel Morton a Justice of the peace in
and for the county and state aforesaid, do
hereby certify that William Gordon 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 reduced
to writing and subscribed by said deponent
in my presence on the 15th day of November
in the year eighteen hundred and thirty one
between the hours of eight in the forenoon
and six of the afternoon at the court house
in the county of Hopkins state of Kentucky
given and certified the 15th. day of November
1831

Sam Morton

also the Deposition Nathan Hibbs
taken at the time & place aforesaid
to be read as evidence in the
suit aforesaid the Deponant living
of lawful age & first duly sworn
& examined on the part of deft
deposeth & sayeth

Question by deft did or did not
John Steel now of St. Louis live near
you in Hopkins County Ky & how
long did he live near you

ans. he lived about one mile from
me when he left Hop kins Kentucky
I was acquainted with him for
years

Question by same
what was his general moral
character in the neighborhood
where he lived

Ans he was a man general bad
character in the neighborhood
as I believe

Question by same from his General
character in the neighbourhood
would place confidence in him
on Oath

Ansrfrom his general character I could place no confidence
in him in any respect

Question by same who did he
marry

Ansr he married Major Samuel
Downey daughter my neighbour
by same when did leave Kentucky

Ans 6 or 7 years ago
Question by same did Steele take
his family with him when he
left Kentucky and where have
resided since he left here

Ansr he did not he left them here
at her fathers & they have lived
there even since
Question by same is or not Steele
wife a woman of good character
in the neighbourhood

Ansr she is as much so as any I believe
& further this deponant sayeth
not

Nathan Hibbs

Kentucky
Hopkins County

.

I Samuel Morton an acting Justice of the
peace in and for the county and state aforesaid
do hereby certify that Nathan Hibbs 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
reduced to writing and subscribed by said deponent
in my presence on the 15th day of November in the
year eighteen hundred and thirty one between the hours
of eight in the forenoon and ix in the afternoon at
the court houe in the county and state aforesaid

Given and Certified the 15th day of November
1831Sam Morton

also the Deposition of Lawson Robertson taken at
the same time and place in the caption mention-
ed being of lawful age sworn and examined on
the part of the Defendant deposeth and sayeth
Question by dlft how long have you
been acquainted with John Steele formerly
of Hopkins County Kentucky now

of St. Louis

Ansr Since the fall 1819 or 20 when
he first came to he county
Question by same did he or
not live with you same time and
what was his general Moral
character in the neighbourhood
Ansr he did not live with me but
he worked at the carpenters
trade with me in the town of
madisonville a his moral cha
racter was not good in he neighbourhood

Question by same is or not
John Steele entitled to Credit on
Oath in a Court of Justice from
your knowledge of his
general character in the neighbourhood
whilest he lived in
Kentucky

Ansr I would not believe upon
Oath nor do I believe he is en
titled to credit in a Court of Justice
& further this deponent sayeth
not

L . Robertson

Hopkins County
State of Kentucky

I Samuel Morton a Justice of the peace
in and for the county & State aforesaid,
do hereby certify that Lawson Robertson
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 reduced
to writing and subscribed by said deponent
in my presence on the Fifteenth day of November
in the year eighteen hundred and thirty
one between the hours of Eight in the forenoon
and six in the afternoon at the Court
houe in the county of Hopkins state of Kentucky

Given and certified the 15th day of
November 1831Sam Morton

also the Deposition of Joseph
Robertson taken at the time & place
in the caption mentioned for
the purpose aforesaid being of
lawful age & first duly sworndeposeth
& sayeth

Question by deft how long did
you know John Steele now of St. Louis
formerly of Hopkins County Ky
& what was his general moral
Character in the neighbourhood
Ansr I knew all the time he lived
in Hopkins County his moral
character was not good
by same from your knowledge
of Steele & his general character

in the neighbourhood was he entitled
to credit on Oath in a Court
of Justice

Ansr I would not have confidence
myself in Steele upon Oath
Question by same did or not Steele
pass counterfeit money whilst
you knew him
Ansr he passes a dollar of
counterfeit money & further
this deponent sayeth not

Joseph Robertson

Kentucky State
Hopkins County
Sct.

I Samuel Morton a justice of the peace in
and for the county and state aforesaid
do hereby certify that Joseph Robertson
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 examination
reduced to writing and subscribed by said
deponent in my presence on the fifteenth
day of November eighteen Hundred and
thirty one between the hours of eight in
the fore noon and six in the afternoon at
the court house in Hopkins County & State
aforesaid

Given and certified the 15th
day of November 1831Sam Morton

I Samuel Morton Justice of the peace
within & for the County of Hopkins & state of
Kentucky do certify that pursuance of
theannexedcommission and notice came
before me at the courthouse in the County
of Hopkins & state of Kentucky aforesaid Ambrose G Gordon , William Gordon , Nathan Hibbs , Lawson
Roberton & Joseph Roberton who were there by
me sworn and examined & suchexamination
reduced to writing and subscribed by
them respectively in my presence and
their said depositions are now herewith
returned

Given at the courthouse in
the County of Hopkins state of Kentucky
aforesaid this 15th day of November 1831Sam Morton . Justice fee paid $1.00

Kentucky
Hopkins County
Sct.

It is hereby certified that Samuel Morton
on this fifteenth day of November One
thousand eight hundred and thirty one is
a Justice of the Peace within and for the county
of Hopkins & state of Kentucky duly commissioned
and acting as such and that full faith and
credit are due to his acts as such

In Testimony whereof I Samuel

In the St Louis Circuit
Court Missouri .To said Defendant or Edward Bates Esq
his attorney of record

I am please to take notice
that on the 14th day of November instant at the
office of Joseph V Garnier in the city of St
Louis between the hours of 8 o clock AM&
5O ClockPM of that day of
shall proved to take the Deposition of
witnesses in this cause

Yours GA Bird atty for
pltffnov 10th 1831

nov 10read
that I am going to Washington attend

E Bates

Ralph
vs
Coleman Duncan

nature of Depositions

Deposition taken By virtue of a notice on monday
the fourteenth day of November in the year eighteen
hundred and thirty one, Between the hours of eight
O Clock inthe forenoon and five O ClockPM of
that day, at the office of Joseph V Garnier
in the city of St. Louis , and to be read in evidence
in the trial now pending in the circuit court
of the County of St. Louis , Between Ralph a man
of color, who suesfor his freedom as plaintiff and
Coleman Duncan defendant, on the part
plaintiff -

John Steele being of lawful age and duly sworn
on his oath saith that to thebest of his recollection
he saw Ralph the plaintiff at the Saline (in the month of October 1818)
Lick in Illinois at work for one Owings who
was at the same time setting with John Gordon
of Hopkins County Kentucky who was the
reputed owner of Ralph and that
he understood from the conversation of said
Ownings & Gordon that they were settling
for wages for the past services of said
Ralph to the best of his recollection for the
amount of one or two years services
or part of two years but of the particular
length of time or the amount of the settlement
he can not be positive that
this affiant taught school in the neighbourhood
of & boarded with said Gordon
the winter after he saw said Ralph at the
Saline in Illinois that in conversation with
said Gordon his recollection is that said
Gordan told this affiant that said Ralph
had worked at the Saline
of Illinois as early as the year 1814 or 1815
that he said Gordon had hired said Ralph
to work almost every year after the war
up to the time this affiant saw said Ralph
as above stated

Questions by Plaintiffs attorney

Question 1st what makes you to believe
John Gordon was the owner of Ralph
answer. I am induced to believe John
Gordon was the owner of Ralph from
the fact that he exercised all the acts of
ownership common for masters to do in
that country & the common reputation
of the Country was that he was the master
of said Ralph .

Question 2nd Do you know that the plaintiff
ever after the times above referred to came in
to the possession of the defendant & did
you ever know him to exercise any acts
of owner ship over Ralph the plaintiff
answer I understood from the Defendant
that Ralph the Plaintiff belonged to him
by some transfer or other the particulars
of which I do not recollect also from the common
talk in the county but have no other knowledge
nor did I ever in Ralph in the possession of

the defendant.

Question 3rd did you ever have any conversation
with the defendant relative to the plaintiff
having been hired to work in Illinois & if so
state what it was.

answer some time in 1828 I think in June
& so in the winter following I had some
conversation with the Defendant in
which he made some statement about
his hands working at Galena of Illinois
but I can not state any thing in particular
more than that Ralph was
among them but how they got there
I can not say with certainty but think
that he said one of his brothers
had taken them to Galena

Question 4 Did you understand from
the Defendant whether Ralph
was taken to Galena with or without
his consent.

answer there was nothing said about
consent. I was in a kind of friendly
conversation about his & my own success
generally & I saw nothing that indicated
his as he spoke of it as a matter
in the course of his affairs & my inference
was that he had sent Ralph and one
other the name of which I do not recollect

John Steele Swornto & subscribedbefore meon
atdayandyear

at the place and within the hour first
abovementioned before

J V Garnier J.P.

Ralph
vs
Coleman Duncan

Depos of
John Steele for pltff

opened & filed
Nov 30th 1831 A Gamble clk

County Of St. Louis , Sct.
State Of Missouri ,To the sheriff of St. Louis County---Greeting:

You are hereby commanded, to summon Jude Warner James Duncan Robert
Duncan - Sally Duncan Jeremiah Millington
that setting aside all manner of excuse and delay, they be and appear in proper person before the Judge
of our Circuit Court , on the second day of decemberinstant 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 Ralph is plaintiff and
Coleman and James Duncan are defendants, on the part of the
plaintiff and have you then and there this writ.

Witness, Archibald Gamble , Clerk of our said Circuit Court ,
at the City of St. Louis , this 11th day of November in
the year of our Lord one thousand, eight hundred and thirty-one Archibald Gamble clerk, C.C.

November Term 1831

Ralph
vs
Coleman & James Duncan

For plaintiff Jude Warner James Duncan Robert Duncan Mrs. Sally Duncan Jeremiah Millington on 2nd December

Executed this writ on J Millington 14
or Robert Duncan 19 Nov 1831 on
James Duncan & Sally Duncan
2nd Decr 1831 in the county St Louis
Jude Warner not found

John K Walker Shff
&by Jos Brotherton D . Shff Service 200

County Of St. Louis , Sct.
State Of Missouri ,To the sheriff of St. Louis County---Greeting:

You are hereby commanded, to summon Joseph V. Garnier George Bobb Charles Bobb Theodore L .
McGill Robert Simpson Henry Von Phul Thomas Cruson John
Steele
that setting aside all manner of excuse and delay, they be and appear in proper person before the Judge
of our Circuit Court , on the second day of Decembernext 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 Ralph is plaintiff and
Coleman and James Duncan are defendants, on the part of the
plaintiff and have you then and there this writ.

Witness, Archibald Gamble , Clerk of our said Circuit Court ,
at the City of St. Louis , this 11th day of November in
the year of our Lord one thousand, eight hundred and thirty-one Archibald Gamble clerk, C.C.

November Term 1831

Ralph
vs
Coleman & James Duncan

For plaintiff Jo V Garnier 15 George Bobb 24 Charles Bobb 2 Theodore L . McGill 25 Robert Simpson 16 Henry Von Phul Thomas Cruson John Steele 14 Novon 2nd December

Executed this writ on John Steele 14th on
Jos V Garnier 15th Robert Simpson 16th on
George Bobb 24th on Theo L .25th of Nov
1831 in the county of St Louis on Chas
Bobb 2 December 1831HVon Phul &
Theo Cruson not found in my
county

John K Walker Shrff
by J Brotherton Dept SheriffService 300 3.25

County Of St. Louis , Sct.
State Of Missouri ,To the sheriff of Saint Louis County---Greeting:

You are hereby commanded, to summon John H Baldwin
that setting aside all manner of excuse and delay, they be and appear in proper person 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 Ralph is
plaintiff and Coleman Duncan is defendant,
on the part of the plaintiff and have you then and there this writ.

Witness, Archibald Gamble , Clerk of our said
Circuit Court , at the City of St. Louis , this Second
day of December in the year of our Lord one
thousand, eight hundred and thirty-one Archibald gamble Clerk C.C.

Executed on John H . Baldwin
on the 2nd Dec 1831

John K . Walker
SheriffService 50cts

Ralph
vs
Coleman Duncan

John H . Baldwin
pltff

County Of St. Louis , Sct.
State Of Missouri ,To the sheriff of S Louis County---Greeting:

You are hereby commanded, to summon Jeremiah Millington
David Lawrence
that setting aside all manner of excuse and delay, they be and appear in proper person before the
Judge of our Circuit Court , on theforthwithday of 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 Ralph is
plaintiff, and Coleman Duncan is defendant,
on the part of the plaintiff and have you then and there this writ.

Witness, Archibald Gamble , Clerk of our said
Circuit Court , at the City of St. Louis , this Second
day of December in the year of our Lord one
thousand, eight hundred and thirty-one A Gamble Clerk C.C.

Executed this writ on Jeremiah
Millington and David Lawrence on the
9th of December 1831 by reading the
same to them in the County of St Louis

for John K Walker sheriffSBloodDept sheriff Service $ 1.00

Ralph
vs
Coleman Duncan

for Jeremiah Millington
David Lawrence
forthwith for
Plf

County Of St. Louis , Sct.
State Of Missouri ,To the sheriff of S Louis County---Greeting:

You are hereby commanded to summon Abner Martin Jr.
that setting aside all manner of excuse and delay, they be and appear in proper person before the
Judge of our Circuit Court , on the Second day of Decr 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 Ralph is
plaintiff and Coleman Duncan is defendant,
on the part of the Pltf and have you then and there this writ.

Witness, Archibald Gamble , Clerk of our said
Circuit Court , at the City of St. Louis , this 1st
day of Decr in the year of our Lord one
thousand, eight hundred and thirty-one A Gamble Clerk C.C.

Ralph
vs
Duncan

for Abner Martin Jr.
2nd Dec forPltf

Served this writ on Abner Martin
on the 12th Decr 1831 in the city
of St Louis

John K Walker Shff Service 50 cts

County of St. Louis , Sct.
The State Of Missouri ,To The Sheriff Of St. Louis County,
Greeting.

We command you to attach John Steele
by his body and him safely keep, so that you have his
body before the Judge of our Circuit Court , now in session at the City of St. Louis , within and for
the county of St. Louis on theforthwithday of 18,
then and there to testify and the truth to say in a certain matter of controversy, now pending in our
said Circuit Court , between Ralph plaintiff, and Coleman
Duncan defendant, wherein the said John Steele
has heretofore been summoned, on the part of of the said plaintiff

Witness, Archibald Gamble , Clerk of our said Court, at the
City of St Louis , this 2nd of Dec- 1831. A Gamble Clk

Executed this writ &have the body of
John Steele in open court

John K Walker Sheriff
by S.BloodDeptSheriffService $ 1.00

Ralph
vs
C Duncan
for
John Steele
attachment

Discharged
costs to
suit

In St. Louis Circuit Court

Plaintiff comes & moves for
a new suit & files the following reasons -

1 The verdict is contrary to the law

2 It is against the right of evidence

3 It is against Law

4 The court misdirected the jury

5 The plaintiff has discovered new & material
evidence since the trial of whichhewas ignorant
before the trial as until appear by the
affidavits filed

G A Bird pltffatty

Ralph a man of color
vs
Coleman Duncan

The above named Ralph on his oathsays that
since the trial of this case on this morning he
has discovered &been informed that a
Mr. John Hart is a material witness for
this plaintiff in this cause that said
John Hart knows the fact that this plaintiff
while he was held as the slave
of one John Gordon deceased was
hired by said John Gordon to labor in
the thenterritory of Illinois for several
years & from about the year 1812until
after said Territorybecame a state this
affiant is fully convinced that he can prove
the above facts by said John Hart as he
is informed & believes that said Hart says
he knows said facts & this affiant now
recalled that he knew said John Hart
in Illinois some fifteen years past or more
But this affiantdid not know that said
Hart was a material witness for him
nor did he know that said Hart would testify to the above facts
untill this morning this affiant says
he knows of nowitnesses by whom
he could have proved the someparts
he appeals to prove by said Hart this affiant
says he washired to do labor in the State
of Illinois by said John Gordon in 1811 or
1812 that he was at work there the
time of the earthquake in N Madrid but
thosewhoknew this affiant to work
there are mostlymoved away or died

In the St Louis circuit Court

John Steele an his oath says that last week & a
few days before the trial of said cause he
was informed by Mr. Bird the counsel for
the Plaintiff that depositions have been taken
& filed in said cause which went to impeach
the credit of this affiant & said affiantinformed
said Bird that he know only two persons
in this neighbourhood who had been acquainted
with this affiant in Kentucky & that they
would prove that this affiant sustained the
character of a man of veracity- This affiant
says that John Hart at the request of
this affiant was summoned as a witness
to rebut the testimony taken on the part
of said Defendant which intended to-
impeach the credit of this affiant &
this affiant says that after Plaintiff an
the trial of said cause had concluded his
testimony in chief & after Defendant had
concluded his testimony said John Hart was
sworn in said cause to rebut same
evidence taken & read by the Defendant
& which want to impeach the character
of this affiant & said Hart was asked
no question & gave no evidence apart
in relationto the character of John Steele
& those where Depositions were read to
impeach this affiant

This affiant says that on friday cominglast
& after said cause had been submitted to
the jury this affiant had a conversation
with said Hart in relation to said Ralph claim to freedom & said Hart then stated that he knew the fact that said Ralph
was hired by his then master John Gordon
to labor in the Territory of Illinois many
years that he Hart frequently saw said
Ralph laboring in the Territory of Illinois
& that he saw him this labouring there he
thinks as early as the year 1812 on 1813 said Hart
further said that he was not aware when
sworn as aforesaid that his knowledge of
the residence of said Ralph in Illinois was
material to any issue in said case

John Steele Sworn to before me this
6th day of Decr 1831 A Gamble Clerk

Ralph
vs
Coleman Duncan

John Steele
affidavitfiled Dec 6th 1831 A. Gamble Clk

Ralph a man of color
vs
Coleman Duncan

Be it remembered that
on the trial of the cause the following is the
evidence & all of the evidence produced of by
the parties aforesaid. The Depositions & of which
the following are copies were read in Evidence
on the part of the plaintiff “here insert the
two Depositions of Lowry Hay & the to saidHay's Depositions the Deposition
of Adam Smith & the Depositions of
Hiram Woodruff plaintiff & John Duncan / leaving
out the captions & certificates to the Depositions)
The following the witnesses sworn on the part of the
Plaintiff testified as follows- Theodore L McGill
testified that his was acquanted with the
hand writing of the Defendant had seen him
write & behind that the signature of Coleman
Duncan to the note attached to the Deposition
of Lowry Hay was in the hand writing of
the Defendant-

Robert Simpson testified that same time
about June 1830 James Duncan the brother of
the defendant acted as the agent of the
Defendant in causing the Plaintiff to be arrested
as a runaway slave.

Jeremiah Millington testified that last fall
he brought a suit before Joseph V Garnier a
Justice of the peace against the Defendant
on a note given to William Smith of
Galena Illinois - that an the trial of said
cause the Defendant set up as a Defense
said suit that said note was given
without consideration & attained by duress
that said Coleman stated that said
had been employed by his brother James to
procure the emancipation of some slaves
which said James had in Illinois near
Galena & that Smith was about to arrest
him an account of said Services to present
which executed said note to Smith

That on the trial of said cause he caused
said Coleman & James Duncan to be Sworn
as witnesses for the plaintiff & they both
on being asked if they were not
interested in said negroes answered an
oath that they were

Charles Bobb testified that some time
in 1828 he was at the mines near Galena
in Illinois or Michigan he could
not tell which & he seen the plaintiff
Laboring at the mines there- that said
plaintiff was taken there by Jesse Duncan & was afterwards
under the management &
control of James Duncan brother of the
Defendant that he know said plaintiff
to be thus laboring there about six months
& when he left said mines he left the plaintiff
at work there.

John Steel testified that either in the fall of
1818 or 1819 he could not recollect which he
was at the saline in the State of Illinois near
Shawnee Town where he first saw the Plaintiff
& his then master John Gordon deceased
that said Gordon & a Mr. Owings then had
a settlement for the hire of said Plaintiff
at said saline & he understood from the
conversation between said Gordon & Owings
that said Ralph had been Laboring at said
saline a year on a part of two years

previous to that time & that this settlement
was for the hire of said Ralph during the
time aforesaid he further tesified that
immediately after this settlement he went to
Kentucky with said John
Gordon & taught a school in the neighbour
hood of said John Gordon & boarded in
the family of said John Gordon that
which he in the family of said Gardan
he heard said Gordon say that he had
been in the habit of hiring said Ralph to
work at said saline occasionally from 1814
or 1815 to that time he further stated that
he understood it was the practice of said Gordon
to said Ralph after planting corn & sometimes
after gathering to work at said saline
untill about Christmas when said Ralph
was ordered back to Kentucky on the cross
examination said Steele in answer to questions
that he could not be certain as to the time when
said settlement took place between said Gordon
& said Owings that he had been sworn as a
witness in this case on a former trial & then
stated substantially what he has now that
he was then of the impression as he now is
that said settlement took place in the
fall of 1818- that he then released to a trial
that took place in Gallatin county Illinois before
a Justice of the peace which would show the
precise time a paper was then handed to said
Steel purporting to be articles of argument
between said Steel & the subscribers to the
school he taught in Kentucky dated21st October
1819- on issuing this paper said Steel said
Stated that it was the agreement between him
& the Subscribers to his school on Kentucky which
he had spoken of & he was now cornered
that the settlement he had spoken of between
John Gordon & the said Owings for the hire of
said Ralph must have taken place in
1819soonaforesaid to the date of said
articles of agreement.

Abner Martin testified that he was the nephew
of said John Gordon deceased & was brought
up in Kentucky within about a mile of said
Gordon that during the life of said Gordon
witness spent & lived a considerable of his
time with said Gordon that he was now
about twenty one years old - that since his
earliest recollection said Ralph was the
slave of John Gordon & said Gordon was
in the habit of hiring said Ralph to
labor at the saline in the State of Illinois
that he recollects when he was about seven
years old of hearing said Gordon say that
said Ralph was at work at said Saline in the mar
said Martin said he never saw
said Ralph in Illinois but only know
he was hired there from the statements
or John Gardon on the cross examination said Martin was
asked if the Plaintiff or any other person
had given him any money to procure his
testimony in this cause the witness answered
no - The above Depositions of Lowry Hay were
taken one of them in Illinois March 23rd 1831
the in same state 23rd July 1831
the Deposition of Adam Smith was taken in
same state 22nd July 1831 and the Depositions
of John Duncan & Hiram Woodruff were

taken in Kentucky the 28th day of June 1831
The Depositions of which the following are witnesses
were then read in under me on the part of
the Defendant /here insert the Depositions
of Allen O Bryan Hiram Woodruff - John Duncan & Brison
Pursley - & the Depositions of Ambrose Gordon
William Gordon Nathan Hibbs Lawson
Robertson & Joseph Robertson omitting the
Captions & certificates-/- the Depositions
on the part of the plaintiff were all taken
in Kentucky that of Allen O Bryan the
28 June 1831 Those of Hiram Woodruff
John Duncan & Brison Pursley an the 26th day
of July 1830- and said Deposition of
Ambrose G Gordon William Gordon
Nathan Hibbs Lawson Robertson
& Joseph Robertson were taken an the 15th
day of November 1831-

The following persons were then introduced to
give rebutting the underme & certified as follows

Abner Martin testified that he became
acquainted with said witness John Steele in
Kentucky about 11 or 12 years age that
he went to school to said Steel & considered
him a man of good character that said
Steel when he know him & associated with
respectable people & he never heard any
thing alleged against said Steel as a
man of truth he further stated that
he knew Nathan Hibbs Lawson Robertson
& Joseph Robertson whose Depositions had
been read stated that the character of Joseph
Robertson forthwith was bad- but he knew nothing
against the character of Lawson Robertson
or Nathan Hibbs - but believed Mr. Hibbs was a
man of good character
John Hart testified that he formerly lived
in Hopkins County Kentucky where he became
acquanted with said & John Steel & where
he knew said Lawson & Joseph Robertson
& Nathan Hibbs - that he never heard any
thing alleged against said Steel as a man
of truth that he known but little about
the character of Lawson Robertson or said
Hibbs - that Joseph Robertson he generally
Saw at horse races & his character was not good but he could not say what his character
for truth was

John H Baldwin testified that he has been
acquanted with said Steel for Several years
that said Steel soon after his acquaintance
with him was employed by him & worked
in his shop that he had never heard any
thing alleged against the character of said
Steel & so far as he knew any thing about
him his character was fair

The evidence being closed the Defendants
counsel asked the court to give the Jury
the following instructions “ here copy
the instructions ” while instructed were
given as asked for the argument to
the say it was insisted by the plaintiff that

The Plaintiff then moved the court to
instruct the jury as follows - that the ordinance
of 1787. prohibiting slavery in the Northwest
Territory continued in force in Illinois as
regard the question of slavery until the
3d December 1818. When the state of Illinois
was admitted into the union by the restric
tion of congress: which instruction the court
referred to give to which opinion is referring
said instruction the plaintiff excepts

Govern as regards the
the courts charging the Jury another
declared the law to be that as regards the
question of slavery in Illinois the constitution
of Illinois of not the ordinance of 1789 must
govern from the time that the said-
constitution was passed by the constitution
which formed it the Plantiff moved
for a new trial for the reasons & affidavits
filed of which the following are copies here copy reasons affidavits
the court overruled the motion for a new
trial of to the decision of the court in
refusing to grant the new trial the plaintiff
accepts & tenders this bill of exceptions which is
signed sealed of made part of the Record

Will C. Carr

Ralph a man of color
vs
Coleman Duncan

Bill of Exceptions

Field Dec 22nd
1831 A Gamble Clk

Suit for freedom in the Circuit
court of St Louis county

Ralph the above named & plaintiff being sworn
on his oath says he has a prayed an appeal from
the Judgement of said Court in this cause
to the Supreme Court and that his application
for said appeal is not made for the
purpose of expatiation or delay but because
this affiantverilybelieves that he is
aggrieved by the Judgement of said Circuit
Court in this cause upon which this appeal
is prayed

Ralph his MarkSworn to Dec
22nd 1831 A Gamble clk

Ralph
vs
Duncan

Affidavit for an
appeal

State of Missouri ,
County Of St. Louis , Sct.To any Judge or Justice of the Peace of The State of Kentucky
--Greeting.

We, reposing special trust and confidence in your integrity and circumspection, do require and command you that you cause
to come before you such person or persons a shall be named to you by Ralph man of color
or by Coleman Duncan their attorney or agent, and him or them examine upon
his, her or their corporal oath (to be by you administered) touching their knowledge of any thing that may relate to a certain matter
of controversy, now pending in our Circuit Court , for the county of St. Louis , wherein Ralph a man of Colour is
plaintiff and Coleman Duncan is
defendant on the part of the plaintiff and having so reduced the said depositions so taken by
you as aforesaid into writing, you are required to send the same, together with this commission, enclosed under your seal, to our
said Circuit Court , with all convenient speed.

Witness, Archibald Gamble , Clerk of our said Circuit Court , at the City of St .
Loui , this first day of July in the year
of our Lord, one thousand eight hundred and thirty three Archibald Gamble Clerk, C.C.

Directions for taking Depositions pursuant and to notice & this
commission First they must be taken at the time &
place mentioned in the notice. Notice is given that
the plaintiff will take Depositions at the Court house
in Madisonville Kentucky on the 28th day of August instant
1833 between the hours of 8 o clock in the forenoon &
6 o clock in the afternoon of that day & that he
will continue to take Depositions from day to day
between the same hour of each day at that place
untill he shall have completed taking said Depositions
the Depositions must be reduced to writing & subscribed
by eachwitness in presence of the Justicewho takes
them & the magistrate must certify at the fact of each
Deposition on what day & between what hours &
at what place each deposition was taken. Each witness
must be sworn or affirmed to testify by the whole truth of his knowledge
touching the matters in controversy between the parties
aforesaid at the fact of all the Depositions the Justice
must certify that the Deponents weresworn or affirmed
beforehim as aforesaid that there Depositions were
reduced to writing & by the Deponents respectively subscribed
in hispresence stating the time & place & cause & on whose
behalf eachwitnesswassworn The instructions for taking
the depositions should be State & by the Justice. The certificate
of the clerk of the Court where the Justices commission
to record under the seal of the Court should be
procured certifying that the Justice before whom the Depositions
been taken wasawaiting Justice of the peace &, at the date
of taking the Depositions duly commissioned & qualified as
such and that full faith & credit is due to all his affiants
- The Justice should examine any witnessproduced by
either party and ask any question which he thinks material
to detect from the witnessany material fact through his
knowledge touching the matter in dispute between the
parties taking the depositions are taken & certified & the
official character of the Justice authenticated the Justice
should attach this commission to the Depositions on
in an envelope under his seal & sentthen
forthwith the by maildirected to ''The clerk of the
Circuit Court of Saint Louis County St. Louis Missouri''
& on the envelope should be endorsed the title of
the suit thus -'' Ralph vs Coleman Duncan .

For the of the Justice the following form of
heading & certifying Depositionswhich is substantiallyrequired
by our statutes is given

Depositions of witnessesproduced & sworn & examined on the
day herein after mentioned at the fact of each deposition
between the hours of eight O clock in the forenoon & six O clock
in the afternoon of each of said days at the Court house
in the town of Madisonville Hopkins County & State of
Kentucky beforeme a Justice of the peace then & for
the County aforeaid in a certain cause now depending
in the Circuit Court for Saint Louis County and
State of Missouri between Ralph a man of colour
plaintiff & Coleman Duncan Defendant on the
part of the plaintiff

G.F. of lawful age being produced sworn & examined
deposith & saith / here insert the Statement of witness
which Statement must be subscribed by witness
which Justice must certify as follows as sworn to and
``subcribed beforeme this 28th day of November 1833 (or if taken on another
``day name the day) between the hours at the place inthat
``which first aforesaid A B Justice of the Peace,

at the end of all the Deposition taken in the cause a certificate
should in added in the following form.

I A B a Justice of the Peacein this & for the county of Hopkins & state of
``Kentucky do hereby certify that ( N. O . R . Q ) the Deponants were by me
``severally sworn (or affirmed) to testify the whole truth of their knowledge
``touching the matters in controversy between the parties aforeaid that
``they were examined & their examination reduced to writing & by
``there respectively subscribed in my presence on the day (fordays)
``between the hours & at the place as herein before stated

A. B . Justice of the Peace

State of Missouri sct;
supreme Court Third Judicial District . May Term 1833

Monday 17th June 1833 Appeal from St. Louis Circuit Court

Now at this day come again the parties aforesaid by their respective
attorneys and the court now here being sufficiently advised of and concerning
the premises consider that the Judgment aforesaid in form aforesaid by the said
Circuit Court rendered be reversed and for nought held and Esteemed, and it is
ordered by the court, that this cause be remanded to the said Circuit Court for
further proceedings therein in conformity with the opinion of this court delivered
in this case, and it is further considered by the court that the said Ralph the appellant
recover against the said Coleman Duncan the appellee his costs and charges
by him about the prosecution of his appeal in this case expended and that he
have thereof execution

Appeal from St. Louis Circuit Court

Ralph sued for his freedom in the Circuit Court of St. Louis County,
and Judgment being given against him in that court he comes here to reverse
that Judgment. On the trial of the cause it was testified by John Steel that
he had heard John Gordon the former master of Ralph say in the year 1818
or 19 that he had been in the habit of hiring Ralph to work occasionally at
the Ohio Saline from the year 1814 or 15 till the time of the conversation
aforesaid. Witnesses were called to impeach Steeles character for veracity,
others were called to support it; and William Gordon a witness on the part
of the defendant himself by his testimony seemed to support that of Steele .

William Gordon was asked by the defendant if he did not live near his
brother John Gordon in the years 1815. 16. 17. 18 & 19 and if he knew that his
brother hired Ralph at the Saline in those years; to which question he
answered that he lived in five miles of John in those years, he never knew
of his ( Ralph ) being hired by John Gordon at the Saline . The witness to
make the matter more certain was asked, whether if John Gordon had hired
Ralph at the Saline he did not believe he should have known it. The answer
was ``I believe if John Gordon had hired him there I should have known it. I''
`heard John Gordon say in his life time, the negro hired his own time and went''
``to the Saline of its (his) own accord'' - The object of the ordinance of 1787 was
to prohibit the introduction of slaves into the Territory of which the present State of Illinois contitutes
a part, and the master who permits his slave to go there to hire himself
offends against that law as much as one who take his slave along with
himself to reside there; and if we are at liberty to regard the moral effect of
the act it is much worse to permit the slave to go there to hire himself to
labor, than for the master to take him along with himself to reside there
under his own inspection or to hire him out personally to some person who
will be bound to pay the master the hire; yet even this last act has been
decided to be a violation of the provision of the ordinance - Abner
Martin one of the plaintiffs witnesses also testified that he was the nephew of
John Gordon (former owner of Ralph ) that in 1831 he was 21 year sold and
that he recollected when he was about seven years old, he heard John Gordon
say that Ralph was at work at the Olis Saline , the witnes stated that he
had spent much time in Gordons family, had no knowledge that Ralph
was employed at the Saline except from Gordon's statements- much other
testimony was given to prove a hiring of the plaintiff at the Saline , and
at the Lead mines near Galena in Illinois , some part of which time was
since the defendant became the owner, but his assent was not expressly
proved. This testimony and some other not very material to be noticed
being given, the counsel for the defendant moved the court to give six
instructions the sum and purpose of which is as follows -

1st that the constitution of Illinois takes date and was obligatory from the time
it passed unless some other date is provided in the instrument.

2nd that the execution of a note by the defendant to the plaintiff as given in evidence
in this case does not operate a manumission of the plaintiff.

3rd that in order to intitle the plaintiff to recover in this suit it must be proved
that the defendant assented to his residence in Illinois - These instructions
were given - The plaintiff prayed the court to instruct the Jury that the
Constitution of Illinois took effect on 3rd December 1818 when Congress
assented to the admission of that state into the union and not before that
time - this was refused the plaintiff then prayed a new trial which was refused -

This court is of opinion that the instruction asked by the plaintiff should have
been given, and that the first instruction asked by the defendant should have been
refused - We have no doubt that for the purposes of self government the Consti-
tution of Illinois might have been well in force from the time of its adoption,
but for the purpose of the present cause we incline to limit its effect to the time
when congress assented to the admission of the State into the Union - It
cannot be said that the 2nd and 3rd instructions asked by the defendant were
improperly given, But the evidence that the defendant gave his not to the plaintiff
is certainly admisible to prove that the defendant treated with him as with a
freeman. - nor is it necesary to prove that the assent either of Gordon the
former claimant or of Duncan the defendant was expressly given to the Residence
in Illinois by virtue of which the plaintiff claims his freedom, this asent may be
inferred from circumstances. - The motion for a new trial was in the opinion of
this court improperly overruled. - Then for the reason that the first instruction
asked by the defendant was in the opinion of this court improperly given, and
that asked by the plaintiff improperly refused, and because the plaintiffs motion
for a new trial was in the opinion of this court improperly overruled (there being
as we think evidence enough to entitle the plaintiff to a verdict) the Judgment
of the Circuit Court is reversed and the cause remanded for further proceedings
in conformity with this opinion -

M. McGirk G Tompkins R Wash Judges -

State of Missouri Sct;

I, Joseph C Brown Clerk of the Supreme Court for the third
Judicial District of the State of Missouri do certify that the above & foregoing
is a true Copy of the Judgment rendered by said court in the case of Ralph

(a man of color) appellant and Coleman Duncan appellee at the May Term of
said court in the year Eighteen Hundred and thirty three, and of the opinion of
the said court delivered in said cause at the same term therof as the same
now remain in my office

In Testimony where of I have hereunto
set my hand and affixed the seal of the
said Supreme Court at office in the city
of St Louis in the Third Judicial District
of the State of Missouri this Twenty first
Day of June in the year of our Lord One
thousand Eight Hundred and thirty three.

Joseph C. Brown Clerk

No 35 June Term 1830

Ralph
vs
Coleman Duncan

copy of Judgement & opinion Filed July 2nd 1833 A Gamble Clk

St Louis Circuit Court
Suit for freedom

The plaintiff Ralph this attorney G.A. Bird ,
will take notice that the defendant Coleman Duncan
will come depositions of witness & to be taken to he read on
his part of the trial of said come, at the Court House
in Madisonville , Hopkins County Kentucky ,
on the 20th of August next, between 8 o clock in
the morning six in the afternoon of that day,
to be continued from day, to day, at the same
place between the same hours, if need be.

Coleman Duncan St. Louis July 3rd- 1833.

Ralph vs C. Duncan

not to take depositions

Served this notice on G.A.Bird
by delivering him a copy of it in the city of
St Louis on the 5th of July 1833

John K Walker SheriffBy Geo. Dept
Shff Service 50 cts

County Of St. Louis , Sct.
State of Missouri ,To Any Judge Or Justice Of The Peace Of The State
of Kentucky --Greeting.

We, reposing special trust and confidence in your integrity and circumspection, do require and command you, that you cause
to come before you such person or persons, as shall be named to you by Coleman Duncan or Ralph
a man of color their attorney or agent, and him or them examine upon
his, her or their corporal oath (to be by you administred) touching their knowledge of any thing that may relate to a certain matter
of controversy, now pending in our circuit Court, for the county of St. Louis , wherein Ralph a man
of color is plaintiff and Coleman Duncan is
defendant, on the part of the said defendant, and having reduced the said depositions so taken by
you as aforesaid, into writing, you are required to send the same, together with this commission, enclosed under your seal, to our
said circuit court, with all convenient speed.

Witness, Archibald Gamble , Clerk of our said Circuit Court , at the City of St .
Louis , this fifth day of July in the year
of our Lord, one thousand eight hundred and thirty three. Archibald Gamble Clerk, C.C.

Depositions of witnesses produceed sworn, and examined,
at the court house in Madisonville in the
County of Hopkin and State of Kentucky before
me, Meredith Myers a Justice of the peace
for the county and State aforeaid in a certain
cause, now depending in the Circuit Court of
the county of St. Louis State of Missouri , between
Ralph (a man of colour) is plantiff and
Coleman Duncan is Defendant, on the part
of the Defendant

William Gordon of Lawful
age being produced, sworn and examined
on the part of the defendant deposit and sayeth
Question by the Deft Do you or not know that
John Gordon (ever hired a certain negro man
by the name of Ralph , where he had in possession,
in the state of Illinois Ans I know
nothing of my own knowledge I heard John Gordon
say he never hired him there; John Gordon went
with him there in the year 1819, the negro had
time away before that time and give to the
State of Illinois - Questionby same State if you
recollect where old Abner Martin moved to this
country the age of his son Abner Martin
at that time and your opinion of the opportunity
of said Abner Martin Jr. of knowing anything
about this man Ralph : Ans I think
it was in the year of 1817 or 18 that Abner

Martin Jr.moved from Union County to this county.
I think young Abner Martin was ten or eleven
years old at that time he was acquainted with
the boy but I think he could have known
but about the boy living at Lick in the
State of Illinois or about when it was made
a state Question by same Areyouacquainted
with John Steel formerly of this county if so
state his general character and all you know
about him when he first came here and with
where he came: An I am acquainted with
him, his general character with a majority
of the people is bad, he first came to this
country with John Gordon or a few days after the him
John Came from the Lick which was in November
her 1819- and Whether he ever saw John before
that time I know not but I believe he never did
And further this deponent saith not.

Wm. Gordan

I Meredith Myers a Justice of the peace in and
for the county of Hopkins & State of Kentucky
do here by certify, that William Gordan the
deponent was by me sworn to testify the whole
truth of his knowledge touching the matter in
controversy in the cause aforeaid; that deponent
was examined and his examination reduced to writing,
and subscribed by aid deponent in my presence
on the 20th day of August in the year 1833, between the
hours of 8 o clock A. M. and 6 o clock P. M. at the
courthouse in the County of Hopkins State of Kentucky

I could not credit any thing he would say
even on oath, the cost account I had of
him he was editing a paper called the Free
Press in the city of St Louis state of Missouri

question for same were you or not acquainted with the
negro boy Ralph the plaintiff in this suit if so
state and whether he was hired by John Gordon or any
other person in the state of Illinois in the year
1816 17 or 18 and what your opportunity of knowing
whether he was or not and had the opportunity
that Abner Martin Jr. had of knowing these
things

Answer I was well acquainted with the
boy Ralph he belonged to my Father at
the dates you mention I do not believe my
father ever hired him in the state of Illinois
though he permitted him to hire
himself there but at what time I cannot
state, The father of Abner Martin Jr.moved
to this county from Union county Kentucky
in 1817 or 18 at that time Abner Martin Jr.
was not more than eight or nine years of age
and further this deponent saith not

Ambrose G . Gordon

I Meredith Myers a justice of the peace in
and for the county of Hopkins and state of Kentucky
do hereby certify that Ambrose G . Gordon
the deponent was by me sworn to testify the

whole truth of his knowledge touching the
matter in controversy in the case aforesaid that
Defendant was examined and his examinationreduced
to writing and subscribed by said deponent
in my presence on the 20th day of August 1833
between the hours of 8 oclock AM and 6 oclock PM
at the court house in Madisonville in the
county & state aforesaid

Given & certified the 20th day
of August 1833 Meredith Myers J of theP

Also the Deposition of Samuel Downey
taken at the same time and place named in
the caption to be read as evidence in the same
cause, this deponent being of lawful age
and first duly sworn and examined on behalf
of the Defendant deposes and saith,

question for Defendant were you or not acquainted
with a negro man called Ralph owned
by John Gordon if so state
whether or not he was hired by said Gordon
in the state of Illinois during the year 1816 17
or 18. Ans I was a near neighbor to Mr. Gordon
(we lived about half mileapart ) I believe he never hired
him there at any time I was with Mr. Gordon at
the Lick in Illinois with the boy in 1819 he did not hire then
but left him there I believe if he had ever
hired him there I should have known it.

given & certified the 20th of August 1833

Meredith Myers JP

Also the Deposition of George Clark taken at the
same time and place mentioned in the caption
to the read as evidence in the same cause this deponent
being of lawful age and being duly sworn
and examined on the part of the Deft deposes and sayeth

Question for Dft

Were you or not acquainted with John Steel if
so state all you know about him whether his
general character be good or bad. Answer
I know Mr Steel he is a man of bad
character and so believed to be by a majority
of all I have heard speak of him he married
the daughter of Mr. Downey of this county
whom I esteem as a very fine woman he
trifled about him for some time and went off
and left his wife and title children I would
not credit him where oath: He attempted to make
a living here as preaching but could not succeed
there he tried the plan of horse racing and upon
that quit the county. And further this deponent
sayeth not.

George Clark I Meredith Myers a Justice of the peace

in and for the county of Hopkins and
state of Kentucky do hereby certify that George
Clark the deponent was by me from to testify
the whole truth of his knowledge touching
the matter in controversy in the cause aforesaid
that Deponent was examined and his examination
reduced to writing and subscribed by said deponent
in my presence on the 20th day of August 1833
between the hours of 8 Oclock A. M. and 6 Oclock A. M.
at the court house in Madisonville in the county
& state aforesaid

Given & certified the 20th day of
August 1833 Meredith Myers J. P.

Also the Deposition of Ambrose G. Gordon taken
at the time & place mentioned in the caption to
be read a evidence in the Same Cause this deponant
being of lawful age and first duly
sworn and examined on behalf of the Defendant,
deposes and sayeth,

Question by Defendant were you acquainted
with John Steel formerly of Hopkins county if so State
all you know about his general character, whether he
has a family or not whether he could be relied
upon when on oath and where he is at this time -
Ans I knew Mr. Steel he married the daughter of
Maj Downey of this county, by where she had three
children she and her children are at her fathers
in this county.

And further this deponent sayeth not
Saml Downey

I Meredith Myers a Justice of the Peace in & for
the county of Hopkins and state of Kentucky do
hereby certify that Samuel Downey the deponent
was by me sworn to testify the whole truth
of his knowledge touching the matter in controversy
in the case aforesaid that Deponent
was examined and his examination in reduced
to writing and subscribed by said deponent
in my presence on the 20th of August 1833
between the hours of 8 o'clcok AM and 6 o'clock
PM. at the courthouse in Madisonville in
Hopkins county and state of Kentucky

Given and certified the 20th of August 1833 Meredith Myers JP Justices fee $ 1.00 Witnesses 2.00

I Meredith Myers a Justice of the peace in and
for the county Hopkins and state of Kentucky do
certify that in pursuance of the within commission
and notice, came before at the court house in Madisonville
in the county of Hopkins & state of Kentucky William
Gordon Ambrose G . Gordon George Clerk
& Samuel Downey who were there by me sworn
and examined and such examination reduced
to writing and subscribed by them respectively
in my presence and their depositions are
here with returned given at the courthouse in
Madisonville in Hopkins county and state
of Kentucky this 20th August 1833

Meredith Myers JP

Kentucky
Hopkins County

It is hereby certified that Meredith Myers Esq.
on the twelveeth day of August in the year
of our Lord one thousand eight hundred & thirty
threewas and now is a Justice of the peace
within and for the County & state aforesaid
duly commissioned and acting as such &that
full faith and credit and due to his
as such in testimony whereof I Samuel

Woodson clerk of the County Court
for the County aforesaid the same
being a court of record so constituted
by law have hereunto subscribed my
name & affixed the seal of saidcounty the
28th day of August 1833Sam Woodson

County Of St. Louis , Sct.
State of Missouri ,To Any Judge Or Justice Of The Peace Of the state of Illinois
--Greeting.

We, reposing special trust and confidence in your integrity and circumspection, do require and command you that you cause
to come before you such person or persons, as shall be named to you by Ralph a man of color or by Coleman
Duncan their attorney or agent, and him or them examine upon
his, her or their corporal oath (to be by you administered) touching their knowledge of any thing that may relate to a certain matter
of controversy, now pending in our Circuit Court , for the county of St. Louis , wherein Ralph a man of color
is plaintiff and Coleman Duncan is
defendant on the part of the plaintiff, and having reduced the said depositions so taken by
you as aforesaid into writing, you are required to send the same, together with this commission,
enclosed under your seal, to our
said Circuit Court , with all convenient speed.

Witness, Archibald Gamble , Clerk of our said Circuit Court , at the City of St .
Louis , this eleventh day of November in the year
of our Lord, one thousand eight hundred and thirty three Archibald Gamble Clerk, C.C. Copy of Notice

In the St Louis Circuit Court
Missouri suit for freedom &c.

To the above named Defendant Edward Bates being his
attorney of RecordSirI shall proceed to take Depositions to
be said in evidence in the above cause at the court house
in the town of Equality county of Gallatin & state of Illinois on
the twenty third day of Novemberinstant & at the court house
in the town of Madisonville Hopkins county Kentucky on the twenty
eight day of November instant between the hours of eight
o clock A.M. and six o clock P.M. of each of said days and
I shall continue taking Depositions at each place from day to
say (sundays excepted) between the same hours on each day
until I shall take as many as I deem necessary November 11th 1833

Ralph by G A Bird
his attorney

Executed this Notice by delivering a true copy of it to a
free white female, member of the family of Edward Bates , attorney
of Record for Defendant, over the age of fifteen years, at his
place of residence in the city of St Louis on the 11th day of November
1833.

John K Walker sheriff
by J Brotherton D . P .Sheriff

In the
saint louis
Circuit Court
Missouri

Deposition of witness produced sworn
and examined at the court house
in the town of Madisonville in the
county of Hopkins and state of
Kentucky before me E W R Woolfolk
a justice of the peace within & for
said state & county in a certain cause
now depending in the circuit court
of saint louis county & state of missouri
between Ralph a man of color
plaintiff & Coleman Duncan Defendant
on the 28th day of November A.D. 1833
between the hours of 8 o'clock A.M. & 6 o'clock
P.M. of said day on the part
of the plaintiff.

William Bradley of lawful age being
produced, sworn and examined on the
part of the plaintiff deposith and sayeth
Question 1st on the part of the plaintiff.
Do you know John Steel & his general
character: Answer: several years age when
Mr.Steellived in Kentucky I had a partialacquaintance
with him but did not live in the same neighborhood
at present I am not acquainted with his general Character

Question 2nd on the part of the plaintiff
from your knowledge of his general
character as a man of truth would you
have believed him when on oath in a court
of justice.

answer as I have before stated I am not
very well acquainted withMr. Steel's general
character I never heard his credibility on oath disputed
while I knew him in Kentucky

W . Bradley

I E W R Woolfolk a justice of the peace do hereby
certify, that W . Bradley 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 reduced to writing, and subscribed
by said deponent, in my presence on
the 28th day of November, in the year eighteen
hundred and thirty three, between the hours of
8 o'clock in the forenoon and 6 o'clock of the
afternoon of said day, at the court house in
the town of Madisonville in the county of Hopkins
and state Kentucky .

given and certified, the twenty eighth day of
November 1833. E W R Woolfolk JP

In the St Louis Circuit Court
Missouri Suit for freedom &

To the above named Defendant Edward Bates
Esq.being his attorney of record

Sir I shall proceed to take depositions to be read
in evidence in the above named cause at the Court
house in the town of Equality County of Gallatin
state of Illinois an the twenty third day of november
instant & at the Court house in the town Madisonville
Hopkins County state of Kentucky in the
twenty eight day of november instant between
the hours of eight Oclock A.M and six oclock
P.M. of each of said days and I shall
continue taking Depositions at each place
from day to day (sundays, excepted) between
the same hours in each day untill I shall
take as many as I deemnecessary

Ralph by E . Bates
his attyNovember 11th 1833.

Ralph
vs
Coleman Duncan

notice of taking
Depositions

Executed this notice by delivering a true copy of it to a
free white female member of the family of Edward Bates
attorney of Record for defendant over the age of fifteen years at his place of residence
in the city of St Louis on the 11th day of November 1833

John K Walker sheriff
by J Brotherton DPSheriff

Depositions of witnessesproduced sworn and
examined, at the Court house in the town of
Equality, in the County of Gallatin and state of
Illinois before me Tyler D Hewitt

a Justice of the peace within & for said state & county
in a certain cause now depending in the Circuit
Court of Saint Louis county and State of Missouri
between Ralph a man of Color plaintiff, and
Coleman Duncan defendant, on the 23rd day
of November AD and 6 o'clock pm of said
day, on the part of the plaintiff.

I a justice of the peace with-
in and for the County of & State of Illinois do
hereby certify that state Deponent,
was by me to testify whole truth of his knowledge
touching the matter in Controversy in the cause aforesaid
state the deponent was examined, and his exam-
ination reduced to writing and subscribed by
said deponent, in my presence on the 23rd day
of November in the year eighteen hundred and
thirty three, between the hours of 8 O'clock A.M.
in the forenoon, and six O'clock in the afternoon,
at the Court house in the tour of Equality
in the County of Gallitin & State of Illinois
given and certified, the 23rd day of November 1833.

J. P.

William Bourland of lawful age, being produced,
sworn and examined, on the part of the plaintiff,
deposith and sayeth that he is well acquainted
with Ralph the plaintiff and also John Gordon
deceased of Hopkins County and state of Kentucky
That John Gordon owned the plaintiff as early
as the year 1805, that Gordon was in the
habit as the deponent understood of hiring Ralph to work at the Gallatin
Saline in the then Territory of Illinois at various
times from the year 1810 up to 1817. that Gordon
frequently, within the same years, came over
to the saline Lick in Illinois in Gallatin county
and got salt and money for Ralph the plaintiff
work, that this was the general understanding of
all the neighbors as this deponent believes by common
report of the neighborhood Wm Bourland
Question by plaintiff Do you know John
Steel and if so what is his general character ?
Answer I do and have ever thought him
an honest and industrious man and even when

I asked him for the truth I feel sure I
should get it.

In 2nd From your knowledge of his general
Character would you belive him or oath in
a court of justice.

Answer: I would as soon as any man I know.

Wm Bourland

I Tyler D Hewitt a justice of the peace
within and for the County of Gallatin and state of
Illinois do hereby certify, that William Bourland
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 reduced to
writing, and subscribed by said deponent, in
my presence on the 23rd day if November in
the year eighteen hundred and thirty three between
the hours of 8 o' clock in the forenoon and 6 o'
clock in the afternoon, at the Court hour
in town of Equality in the county of Gallatin
and state of Illinois .

given and certified, on the 23rd day of November
1833. Tyler D . Hewitt
JPMagistratesservice$ 1.00

It is hereby Certified, that Tyler D Hewitt on
the twenty third day of November in the year eighteen
hundred and thirty three, was and now is an acting
justice of the peace within and for the County
of Gallatin and State of Illinois duly commissioned
and acting as such, and that full faith and
Cerdit are due to his acts as such.

In testimony whereof I James Caldwell
Clerk of the County Court of Gallatin County
& state of Illinois Have hereunto subscribed
my, name, and affixed the seal of office, this
twenty third day of November eighteen hundred &
thirty three

James Caldwell clkGC

Ralph
vs
Coleman Duncan

Depos of
Wm Bourland
for plff

opened & filed
January 11th 1834 A Gamble Clk

Suit for freedom
in the Saint Louis
Circuit Court in
the State of Missouri

Depositions of witness produced sworn and examined, at the Court house in the town of Madisonville ,
in the County of Hopkins , and State of Kintucky,
before me E.W.R .Wolfolk a Justice of the peace
within and for said State and County, in a
certain cause, now depending in the Circuit Court
of Saint Louis County and State of Missouri , between
Ralph a man of color Plaintiff, and Coleman
Duncan Defendants, on the 28th and 29th
days of November A.D. 1833. Between the hours of
8 O'clock A.M. 6 O'clock P.M. of each of said
day on the part of the Plaintiff.

Timothy Fisk of Lawful age, being produced
sworn and examined, on the part of the
plaintiff deposeth and sayeth that he
the parties to this suit, that he knew Ralph
the plaintiff whilst he was the slave of John
Gordon , late “deceased” of Hopkins County and State of
Kentucky that said Gordon in his life time,
as this deponent
understood sold or swaped said Ralph the
plaintiff to Isaac Metcalf as deponent understood and that since
Gordon parted with Ralph the plaintiff he
Ralph has been taken out of the County of
Hopkins to some place unknown to this deponent
only by report.

Question 1st, on the past of the Plaintiff
Do you know whether or not Ralph the Plaintiff was
ever hired permitted to labor in the Territory of
Illinois previous to the 3rd day of December 1818 and
if so state what you know touching such hiring
or permission?

Answer: I have no knowledge of the matter

Question 2nd on the part of the plaintiff.
Do you know whether or not Duncan the Defendant
ever hired or consented to Ralph the plaintiff
to labor in the state of Illinois ?

Answer: I do not

Question 3rd on the part of the Plaintiff.
Have you ever been acquainted with John
Steel who married a Daughter Major : Samuel Downey's
of this County?

Answer I have

Question 4th on the part of the Plaintiff.
How long have you been acquainted with him?

Answer: About twelve or thirteen years

Question 5th on the part of the Plaintiff
How you had an opportunity of becoming
acquainted with his general character as a man of truth and if so state whether or not from
your knowledge of his general Character you
would believe him when on oath in a Court
of justice?

Answer: When John Steel first came in
my neighbourhood he commenced teaching an
english school near my house during which

time I became well acquainted with him as
he was often at my house and I never know
any thing against him, but always thought
him to be a man of truth and honesty
and I believe he bore that name in our
settlement and should think his Oath
good in a Court of Justice and should
believe him myself

Question 6th On the part of the Plaintiff
Have you any public vocation or calling
and if so please state what it is.

Answer: I am now and have been
a Baptist preacher for thirty one years

Timothy Fisk

I, E.W.R Woolfolk a Justice of the peace do hereby
certify, that Timothy Fisk the deponent was
by me sworn do testify the whole truth of
his knowledge touching the matter in controversy
in the cause aforesaid; that the deponent
was examined and his examination reduced
to writing and subscribed by said deponent
in my presence on the 29th day of November
in the year eighteen hundred and thirty three
between the hours of eight O'clock in the
forenoon and six O'clock of the afternoon
at the court house in the town of Madisonville in
the county of Hopkins in the State of Kentucky
sworn and certified the 29th day of November
1833.

E.W.R.Woolfolk - J.P.

John B . Laffoon of lawful age, being produce, sworn
and examined, on the part of the Plaintiff deposeth,
and sayeth, that he is acquainted with the
parties to this suit; that when he first knew the
Plaintiff Ralph he was owned by John
Gordon deceased who sold Ralph the plaintiff
as deponent believes to one Issac Metcalf
who sold him to one Abner West who sold
him to Coleman Duncan the Defendant by
whom Ralph was taken or sent out of this
County to parts unknown to this deponent only
by report.

Question 1st on the part of the Plaintiff
If you have ever known or heard of Ralph
the Plaintiff having been hired or permitted to
labor in the State or Territory of Illinois state at
what time and by whom he was so hired or
permitted

Answer: I have frequently heard of the
Plaintiff Ralph having been hired to labor at
the Saline Lick in the State of Illinois by John
Gordan and I think at as early a time as 1816 or
1817 & from that time at interval up to the time he
was taken out of this county

Question 6th on the part of the Plaintiff.
Do you know where said State is now and whither
he has now or ever has had any correspondence
with his family since he left this County or whether
he ever intends to take any care of his family or
not

Answer : I have frequently heard from
his family that they received letters from him
during his absence and received one from
him my self through his family. He is now
in this County and as I was informed is now
preparing to remove with his family to the
Territory of Arkansas where if am informed
he established a Newspaper Called the
Helena Herold

Question 7th on the part of the Plaintiff
How far did you live from Steel and his family?

Answer About one mile & 3/4

Question 8th on the part of the Plaintiff
Will you state if you know what was the
cause of said Steels leaving this County.

Answer: I was imformed by him that
the losses be sustained by the sinking of his
Boats were more than he was able to repose
and therefore left his family with his fatherinlaw

Question 2nd, on the part of the Plaintiff
Do you know John Steel who married a
Daughter of Maj. Samuel Downey of this County

Answer: I Do.

Question 3rd on the part of the Plaintiff
Are you acquainted with his general Character
as a man of truth?

Answer: I have lived neighbour to him for
several years & know nothing against him as a man of truth

Question 4th On the part of the Plaintiff
From your knowledge of his general Character
as a man of truth whould you believe him or
not when an oath in a court of Justice?

Answer: From what I know of his general
Character i always took him to be a man of
truth and entitled to credit & when on oath
I should believe him in a court of Justice.

Question 5th on the part of Plaintiff
Do you know whether or not he has been absent
from this county for some years?

Answer: He has some 4 or 5 years

James Bishop of careful age, being produced,
sworn and examined, on the part of the
plaintiff and sayeth.

Question 1st by the plaintiff
Do you know John Steel and his general
character as a man of truth and if so
would you believe him on oath in a
court of justice

answer Ihad apartialacquaintance with
one John Steel when he lived in this county
which was seven years ago I neverknew him
sworn in a court of justice but from my
acquaintance with him during the time
of his residence in this county I should
believehe was in titled to credit when on
oath in a court of Justice

James Bishop

I E W R Woolfolk a justice of the peace do
hereby certify, that James Bishop 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 reduced to
writing, and subscribed by said Deponent
in my presence on the 29th day of
November, in the year eighteen hundred
and thirty three, between the hours of
8 o'clock in the forenoon and 6 o'clock
of the afternoon at the court house in
the town of Madisonville in the county of
Hopkins and state of Kentucky .

given and certified, the 29th day of
November 1833.Ew R Woolfolk JP

I E W R Woolfolk a justice of the peace, within
and for the county of Hopkins the state
of Kentucky do certify that in pursuance of
the annexedcommission and notice came
before me at the court house in the
county and state last aforesaid W Bradley
Timothy Fisk John B Laffoon George Finley and
James Bishop who were there by me sworn
and examined and such examination
reduced to writing and subscribed by
them respectively in my presence and their
said Depositions are now herewith returned

given at Madisonville in the county
of Hopkins and state of Kentucky
this 29th day of November 1833. E W R Woolfolk justices, fees for taking Depositions
two days $ 200
Rec'd payment of the plaintiff EWR Woolfolk JP

It is hereby certified that E W R Woolfolk
on the 28th and 29th days of November in
the year eighteen hundred and thirty three
was and now is an acting justice of
the peace within and for the county of
Hopkins and state of Kentucky duly sworn
and acting as such and that
full faith and credit are due to his
acts as such

In testimony whereof I Samuel
Woodson clerk of the county court
of Hopkins County and state of Kentucky
have hereunto subscribed my name
and affixed the seal of office this
twenty ninth day of November eighteen
hundred and thirty three.

Sam Woodson clerk
Hopkins County Court Clerk fee 50 cts
Tax 50
1.00 Rec'd payment of plff S Woodson clk

Ralph
vs
Coleman Duncan

Depos. of
Timothy Fisk
John B Laffoon
G Finley
W Bradley
JBishop
for plaintiff

opened & filed
Dec 23rd 1833 A Gamble clk

Question 4th on the part of the Plaintiff
Do you know whether or not there was
any understanding or institution that any
of your Company of which you have
spoken that went to Galena and
particularly with Ralph or Joseph
a man of color were to go on the
flat Boat to New Orleans or any
other part of the lower Country

Answer There was no such understanding
that I know of and I believe
that it was the understanding of
all parties that we the above named
five persons were going to Galena
Lead mines in Illinois .

George Finley

I, E.W.R.Woolfolk a Justice of the Peace do
hereby certify that George Finley 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
reduced to writing subscribed by said
Deponent in my presence on the 29th day
of November in the year eighteen hundred and
thirty three between the hours of eight O'clock in the forenoon and six O'clock of the
afternoon at the court house in the town of
Madisonville in the County of Hopkins &
State of Kentucky .

Given and certified the 29th day of
November 1833. E.W.R.Woolfolk J.P.

We started in a flat Boat to go down
the this river until we could get our a
Steam Boat that would take us up the
Missipippi - the flat boat sunk before we
got very far and we all left the Boat &
walked to where we got a passage on a
Steam Boat that took us on to St. Louis where we
got on another boat that took us on
to Galena where are all went to mining -
the negros Ralph & Jodeph being under the
care of Jesse Duncan . About the 18th of
July following Eoodruff & myself quit the
Galena Lead Mines & I left Jesse Duncan &
Ralph & Joseph at work at the Galena lead
mines.

Question 1st on the part of the plaintiff. Who claimed Ralph the Plaintiff when you started to Galena . Answer: Coleman Duncan the defendant

Question 2nd an the part of the plaintiff

Do you know whether Coleman Duncan
knew that Ralph the Plaintiff was going to
Galena to work in care of Jesse

Answer: He did

Question 3rd, on the part of the plaintiff.

Do you know whether Coleman Duncan made
any objection to Ralph's going to Galena lead
mines in Illinois

Answer: I never heard him make any
until he could so repose his fortune as
to enable him again to take charge of
them this I undertood from him
at different times when on visits to see his family

John B . Laffoon

I, E. W. R . Woolfolk a justice of the peace do hereby
Certify that John B . Laffoon the Deponent was by
me sworn to testify the whole truth of his knowledge
touching the matter in Controversy in the
Cause aforesaid; that the Deponent was examined
and his examination reduced to writing and
subcribed by said Deponent in my presence on
the29th day of November in the year eighteen hundred
and thirty three between the hours of 8 o'clock in
the forenoon and 6 o'clock of the afternoon
at the court house in the town of Madisonville
in the County of Hopkins and State of Kentucky
given and certified the 29th day of November 1833.

E W R Woolfolk J P

George Finley of lawful age, being produced
sworn and examined on the part of the Plaintiff
deposeth and sayeth in the spring of 1827
myself, Hiram Woodruff , Jesse Duncan , Ralph
the plaintiff and Joseph a man of color
all started from Hopkins county State of
Kentucky with the intention of going to
Galena lead mines in the State of Illinois

County of St. Louis , sct.
The State of Missouri ,To the Sheriff of St. Louis CountyGreeting.

You are hereby commanded to summon John Steel, Abner Martin &
John Hart
that setting aside all manner of excuse and delay, they be and appear in proper person
before the Judge of our Circuit Court , on the second day of
Januarynext 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 Ralph (a man of color) is plaintiff and
Coleman Duncan is defendant on the
part of the Plaintiff; and have you then there this writ,

Witness, Archibald Gamble , Clerk of our said Circuit Court , at the
City of St.Louis , this second day of November
in the year of our Lord one thousand eight hundred and thirty three Archibald Gamble Clerk C.C.

November Term 1833

Ralph
vs
Coleman Duncan

for plff John Steel 6 Abner Martin John Hart 12on 2nd January 1834

Executed this writ on John Steel by Reading it
to him 6th on John Hart by reading 12th both
in the county of St. Louis Nov 1833 Abner
Martin not found in my county

John K Walker SheriffG.stonerDp.service $ 1.00
12 1/2
$ 1.12 1/2

County Of St. Louis , Sct.
The State Of Missouri ,To the Sheriff of St.Louis CountyGreeting.

You are hereby commanded to summon John Warfield
that setting aside all manner of excuse and delay, he be and appear in proper person
before the Judge of our Circuit Court , on the 20th day of
January 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 Ralph a man of color is plaintiff and
Coleman Duncan is defendant on the
part of the plaintiff; and have you then there this writ.

Witness, Archibald Gamble , Clerk of our said Circuit Court , at the
City of St.Louis , this 18th day of January in the year of our Lord one thousand eight hundred and thirty four A.Gamble Clerk C.C.

Ralph
vs
Coleman Duncan

for John Warfield 2020th of January
for Plaintiff

Executed this writ on John Warfield
in the city of St Louis on the 20th
day of January 1834

John K . Walker Sheriffby J Brotherton
Dep Shf Service $ 50

State of Missouri ,
County of St. Louis , Sct.To the Sheriff of St. Louis CountyGreeting.

You are hereby commanded to summon Theodore L . McGill
that setting aside all manner of excuse and delay, he be and appear in proper person
before the Judge of our Circuit Court , forthwith day of
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 Ralph is plaintiff and
Colemn Duncan defendant on the
part of the plaintiff and have you then there this writ.

Witness, Archibald Gamble , Clerk of our aid Circuit Court , at the
City of St. Louis , this 20th day of January
in the year of our Lord one thousand eight hundred and thirty four A. Gamble Clerk C.C.

Executed this writ on Theo L .. McGill
in the city of St. Louis on the 20th
day of January 1831

John K . Walker Shff. Service 50

Novr Term 1833

Ralph
vs
Coleman Duncan

subpoena for
Theo L . McGill
for plff
forth with

Ralph
vs
Coleman Duncan

The defendant moves the Court to grant
him a new trial in this case Because

1 The verdict is against evidence

2 against law

3 against the instruction of the court

4 The court instructed the jury erroneously
in front of the plaintiff

E Bates
for deft

Ralph
vs
C. Duncan

motion for new trial

filed January
24th 1834 A Gamble Clk

Circuit Courts third Judicial July
term in the year of Christ 1830

Ralph a man of color complains of James Duncan
& Coleman Duncan of a plea of trespassassault &
Battery & false imprisonment for than hereto fore
to wit the thirteenth day of May in the year
of Christ eighteen hundred & thirty at the County of
St Louis aforesaid the said Defendants with force
& arms made an assault upon the said plaintiff
& there beatbruisedwounded & ill treated him
then & there with force & arms falsely & unjustly
imprisoned the said plaintiff & kept him
him in prison there withoutany Lawful authority
on cause for a long span of time to wit for
a span of nine days & then nextensuing
And said plaintiff further says than before & at
the time of the committing of the said several
grievances he was & still is a free person & that
said Defendant held & detained & still hold &
detain him in Slavery wherefore said plaintiff
says he is greatlyinjured & hath sustained damages
to five hundred dollars therefore he sues

G.A.Bird atty for plff

Ralph a man of color
vs
James Duncan &
Coleman Duncan

This is an action for
freedom in the form
presented by statements
Damage is $ 500 the
Clerk will plead
Summons

G A Brid atty
for plff

Ralph
vs
J & C Duncan

On Demand I promise to pay
Ralph twenty Dollars for value
received witness my, hand& seal
December 2nd 1829

Coleman Duncan Exhibit A

Ralph vsJas &: Coleman Duncan - suit for freedom

Instructions

1. That the constitution of Illinois takes date & was obligatory
from the time it was passed unless some
other date is founded in the body of the document

given

2. That althought the plaintiff may have resided in
the state of Illinois since the adoption of the constitution
of that state since the year 1825, or
in the territory of Illinois before the adoption
of said constitution still such residence will
not of itselfwork the emancipation of the plaintiff
unless it appear to the satisfaction of the jury,
that such residence in Illinois was with the
consent of the then master of the plaintiff

given

3. That the execution of the note by the defendant
to the plaintiff as given in evidence in this case does
not operate a manumission of said plaintiff

given

4. The ordinance of 1787 does not & cannot control the
operation of the constitution of Illinois regard to
the subject of slavery.

given

5 AnyNo temporary stay in Illinois by Ralph
the plaintiff with the consent
of his master, with no view to residence there
and without staying there long enough to
acquire the character of a resident, can
operate the emancipation of the plaintiff.

not given

6. That no residence of Ralph in the Territory or state of Illinois
or the territory of Michigan can operate to emancipate
the plaintiff unless it is proved to their satis
faction of jury that the master operated to
such residence

given

7. That the plaintiff having been found
in the territory or state of Illinois or territory
of Michigan does not alone authorize a
presumption that his master consented
to his being there, but such consent must
be proved

given

Wethe Jury find
a verdict In favour of the defendant

Motion for a mistrial

all the evidence, is continued in the depositionsexcept,
the testimony of John Warfield , he stated
that, to his knowledge, the plaintiff wasemployed,
by James Duncan , brother of deft in Illinois near
Galena , at Mining, during the years 1828 & 1829

The reasons ruled in favor for a newtrial, are as stated

1 Our statuterequiresthat plaintiff shall in a suit
for freedom allege ``that before & at the time
of the committing the grievance in declaration
mentioned Dft held & detained & still holds & -
detaoms plaintiff in slavery'' & the lawrequires to
maintain this action that then allegations shall be
fully proved and that in this case they were
not proved.

1 Insist, that those allegations weresufficiently from &,
from the facts, that Deft. in Kentucky actually held &
claimed plaintiff as a slave - that he hired him
as his slave to Jesse Duncan for the purpose of having
him taken & put to labour in Illinois - that he
defended this said by pleading that plaintiff was a
slave - that during this suit by his motion which
is spread upon the record the plaintiff was
by aware of this courtdelivered to defendant
an the presumption, that he was Dft slave

The truedoctrine in Missouri , is that black persons
in this state are presumed to be slaves untill the
contrary appears. he who has oneowned &
possessed a slave is still in presumption of law
owned & possessed of him unless the contrary
isproved on the supposedownerdisclaimed
he who claims a Black person in Mo.
as his slave, of such Black has not about him the
record evidence of his freedom, in the eve of the
lawholds him in slavery - because he is presumed
to be a slave & if he is claimed as such is liable to
all the disabilities of slave Laws of Mo.
and Because the statutedeclares that suits for freedom
``shall be broughtagainst the person holding the
petitioner in slavery or the one claiming him or her as a
slave state suits freedom law Mo. 405

2 the insist that it is not necessary to prove that at the
time of the commencement of the suitDeftactually
had the plaintiff by the throat of the head in actualpossession

If this doctrinewent to prevail no man who
is free a slave de facto could evermention
a suit for freedom and the statute

Because no man who has not the receipt or property
in a thing can have constrictionspossession of this
thing - therefore if a wrongfully held him as a slave
the minute he escapesfrom the custody of a
and goesbefore a Judge
to sue for freedom the judge may tellhim
and may not let you see - Because if you are
a free man you can not in lawbe in
possession of the man who claims you and if
you are not so in possession you could not
maintain your suit if you shouldsueyou
mustwait untill you are put in &
if your will bring your before me
& you bring your suit you cando
according to the Statute & not otherwise

but the statute was made to protect those who
are unable to protectthemselves - the allegations
required in the Declaration were probably intended
vs a farm for imprisonmentwho are
must assign and that the court maybe
in the declaration try in the plaintiffs
of complaint & the Defendants claim and
that defendant maybe Simply plea the general
issueamid that being drawn to his plea of satisfaction
the statute is nearly cumulative & wasneverintended
to make it necessary to produce more or other
to maintain an action under the
statute than at theLaw -
the Statute declares that in trespass freedom the Deff
shall declare in trespassassault - and
that the Jury if theyfound for the plaintiff
shall assess Damages as in other cases

In actions of trial it wasneverthought
necessary for the plaintiff to prove all the
allegations in his declaration he need only
proveso much as shown he had cause of
action&he shall recoverpro - tanto
as he proves - In this case the answer is -
honestly - the place where& the time when the
offencescomplained of werecommitted are
Immaterial / , on the
subject of proving the facts alleged in action
of .

On the trialdeftobjected to reading same
depositions because they said no legal
naturethatgiven - they were read
& properlythis&complains for argument

Bird for Plff

Ralph
vs
Duncan

Behalf of Plff
an
motion for N trial

Bird atty

1. That unless the jury find from the evidence that
the plaintiff was held in slavery orrestrained
of his liberty by the defendent at the time of
the commencement of this writ
the plaintiff cannotrecover in this action -

given

2. That if the jury shall be of opinion that the
plaintiff is entitled to his freedom stillissue
they also find that he has been held in
slavery by the defendant since that
to freedom accrued the plaintiff can not
recover in this action - -

given

3. Unless it appear to the jury by the evidence in the
cause, that the defendant Coleman Duncan
did restrain the plaintiff of his liberty on this
state the plaintiff cannot recover in this action --

refused

That it is not necessary for the plff in this case to prove that the
defendant Coleman Duncan was ever personally present in the
State of Missouri holding the plaintiff in slavery in order
to recover in this action

That if any other person than Coleman Duncan held the plff
as a slave at the time of the commencement of this action
holding him for said Coleman Duncan then the plaintiff
may maintain this action against said Coleman Duncan

in order that the defend

1. If the jury from the evidence shall believe that John
Gordon which he claimed plaintiff as a slave
and then hired or permitted the plaintiff to hire
himself to Labour in the state of Illinois previous
to the 3rd December AD 1818 the plaintiff ought
recover his freedom

2. That the statements made by John Gordon in
relation to Ralph being hired to labor in
Illinois whichsaid Gordon claimed&owned
said Ralph as a slave are goodevidence as
against the Defendant claming under said
Gordon

3. That If the Jury shall believe from the evidence
that same plaintiff has been claimed as the slave
of the defendant he has with the knowledge
& assent of the defendant been hired to
labor in the state of Illinois the Jury ought
to find a verdict for the plaintiff

4. That If the Jury shall believe from the evidence
that at any time since plaintiff has been
entitled to his freedom the Defendant has held
said plaintiff as a slave in this by himself or
any other person in this in Kentucky Illinois or
Missouri the jury ought to find for the
plaintiff

5 That our statute which requires plaintiffs in
suits for freedom to prove their rights to freedom
amounts to nothing more than a legislative
declaration that all negros and mulattos
shall be to be slaves untill they
to the contrary.

5. That it is not necessary in this case that
the plaintiff should prove by direct & positive
evidence that either John Gordon previous to 3rd
Dec 1818 or Deftsince he claimed plaintiff
as a slave gave his consent to the plaintiff
being hired to labor in the state of Illinois
but such consent may be inferred from
the proof of such facts as create the connection on the minds of the Jury - that such consent was given

6. That all the plaintiff in this case is only bound to
produce the last evidence the nature of his case
admits of and such as it is in his power to produce

6. That If jury shall believe from the evidence that
plaintiff is entitled to his freedom & that Deft at &
before the commencement of this suit held him in
slavery the jury ought to assess
the plaintiff Damages to at least such sum
as plaintiff's laborwouldbeworth and the
Jury may if they are convinced that defendant
has held plaintiff as a slave proving
him to be free give Damages in addition
for the sakeofassumption

refused

7 That everyquestion asked to defendants witnesses
in regards to suits character is improperly asked
and the answer to every such improper
questionought to be entirelydisregardedby
the jury-refused- but the court states the
proper question on such point is what is the
general character of the witness for truth and
veracity on oath and that all evidence of more
general character to impeach the credibility of
the witness is incompetent.

Ralph
vs
Duncan

Instructions asked
for by Plff