BetheHonorable the Judge of the Circuit Court of St Louis
County

The petition of Andrew Dutton a free boy of color
an infant under the age of twenty one years by Trace
Dutton his mother and next friend respectfully repre-
sents that his grand mother who was named Hannah
was a slave the property of one Josias William Dallam
in the state of Maryland and that the said Dallam
while he so owned the said Hannah on the thirteenth
day of March in the year seventeen hundred and
eighty seven excuted a deed of manumission by which
he emancipated the said Hannah at the expiration
of thirteen years from the date of said deed with
the provision in said deed that all the children or
childrens children that might descendfrom said
Hannah and be born inslavery after the date of
said deed should be free at twenty three years of age
Your petitionerrepresents that his mother named Grace
was the daughter of said Hannah and was born
about the year seventeen hundred and ninety two
and that your petitioner was born about the month of June year eight
teen hundred and eighteen and after his mother the
said Grace had passed the age of twenty three years
your petitioner further states that his mother the said
Grace is in the enjoyment of her liberty but that your petitioner
is held as a slave by John Paca of the county
of St Louis who claims your petitioner as his property by
reason of his marriage with a daughter of said Josias
William Dallam wherefore your petitioner prays
that he may be permitted to institute a suitagainst
the said John Paca to recover his freedom and that
he may be permitted to sue as a poor person and that
counsel may be assigned to him according to law her

Grace her Xmark
next friend
Gest
H R Gamble

State of Missouri
County of St Louis

This day personally appeared
before the undersigned a justice of the peace of the
county of St Louis Grace Dutton who being by me
duly sworn upon her oath says that the facts
stated in the foregoing petition are true

Grace her X Dutton
mark
Sworn to & subscribed
before me this 2nd day of July 1834

D Hough justice of the
peace St Louis County

on the foregoingpetition it is ordered that Andrew
Dutton the petitioner be permitted to sue as a poor person
to establish his freedom and that H R Gamble be assigned as counsel. It is also ordered
that the petitioner have reasonable liberty to attend
his counsel and the court when occasion may
require and that he be not removed out of the jurisdiction
of the Circuit Court of St Louis County nor
be subject to any severity because of his application
for freedom

Given at my chambers in the city of
St Louis July 11. 1834

In the Circuit Court
July Term 1834 Saint Louis County towit

Andrew Dutton a free boy of
color by H R Gamble
complains of John Paca of a plea of
trespass for that the said defendant
heretofore to wit on thefirst day of June
in the year eighteen hundred and thirty
four with force and arms at the county
aforesaid did make an assault in and
upon the said plaintiff and him the said
plaintiff then and there did beat wound and ill treat and did then and there
imprison the said plaintiff and hath
ever since kept detained and held the
said plaintiff in imprisonment and
slavery and still holds the said plaintiff
in slavery he the said plaintiff at the time of the committing of the
said grievances and still being a free
person and other wrongs to the said plain-
tiff
then and then did to the great damage
of the said plaintiff and against
the peace and dignity of the state where-
fore
the said plaintiff saith he is injured
and hath sustained damage to the amount
of five hundred dollars and therefore he

sues &c atty for plff

County of Saint Louis Ss
The State of Missouri To the sheriff of the county of Saint Louis greeting

We command you to common John Paca that he be and appear before the
Judge of Circuit Court at the next term thereof to be held at the city of St Louis within
and for the county of Saint Louis on the fourth Monday of July instant then and
there to answer unto Andrew Dutton a free boy of color of a plea of trespass wherefore
the said plaintiff saith he is injured and hath sustained damage to the amount of
Five hundred dollars have you then here this writ

Witness Archibald Gamble Clerk of our said circuit court at office Twelth day of July one thousand
Eight hundred and thirty four Archibald Gamble clerk

on the foregoing petition is ordered that Andrew Dutton the petitioner be permitted to sue as a poor person
to establish his freedom and that H R Gamble be assigned as petitioners counsel. It is also ordered that the petitioner have reasonable liberty to attend his counsel and the court when occasion may require and that he be
not removed out of the jurisdiction of the circuit court of St Louis county he to any seventy because of
his aplication for freedom - at my chambad in the city of St Louis July 11 th 1834

The above is a copy of the order of the Judge endorsed on the petition
A Gamble clerk

Executed this writ on John Pace by
offering to read to him the writ
and declaration on the 12th July 1834
which he refused to hear and at the
I read to him the copy of the order of
permitting the plaintiff to sue &c
Service ' 1.00

Jno K Walker shff

No 114
Saint Louis Circuit Court
July Term 1834

Suit for freedom
Let a summons issue

HR Gamble Filed12th July 1834 Archibald Gamble clerk

Andthesaid John Paca by E Bates his
attorney comes & defends the injury when &c
and says that he is not guilty of thewrongs and
grievances above laid his charge, in manner
& form as the said plaintiff has above in declaring
alleged and of this he putshimself upon the
county

E . Bates

And for a further plea in this
behalf the said defendantsays that the plaintiff
ought to be barred from having his
action aforesaid against this defendant
because he says that at the time, in the declaration
mentioned the said plaintiff was a slave without
this that the said plaintiff at the said time
was a freeperson in manner & form as in
the declaration is above supposed and
this &c.

E. Bates

No114July Term 1834

pleas

1. not guilty

2 plff a slave

Filed18th October 1834 Archibald Gamble Clerk

March term AD 1836

Beitremembered that in the trialof
this cause the same being submitted for trial to the courtneither
partypartyrequiringajury; the plff: read in residence the follow-
ing
acts of the legislature of Maryland , to wit, “an act
to prevent being set free
or the manumission of slaves by any last will & testa-
ment“, made at a session of assembly by you & held at the
City - of Annapolis the 3dJune 1752 & an act to continue
the acts of assembly therein mentioned. ” made at a
session of Assembly began and held at the City - of Annapolis
the 6 November 1786, which acts of the legislature of Maryland
so read in residence are not herein set forth,
it being agreed by the counsel of both parties hereto
that the same may be read & the same advantage
had & effect given to the same in the Supreme Court
on , as if they were incorporated in the bill -
the plff: then offered to read in residence with inauthentication
thereon endorsed a paper writing pur
porting to be an authenticated copy from one of the
land record books of Harford county in the state of
Maryland , which paper writing & in-authentication
are in the years following (here insert the name) to the reading of which the deft by his
counsel objected but the court overruled the objection &
permitted the same to be read, to which the deft by
his counsel excepts

the plff: then read in residence said paper at the time appointed for her
liberation in said paper writing was come of fifty -
years of age & capable of maintaining herself that
Grace was born in the year 1792 & the plff: her child
was born after Grace had passed the age of twenty three
years and that the defendant held the plantiff in slavery at the commencement of this suit
. There being no other evidence or other, the
Deft. upon the foregoingtestimonymoved the court to decide that upon the case made the plff: was not
entitled to freedom, but the court refused so to decide
& decided that upon the case made the plff: was
entitled to freedom, to which occasion the by his
counseld excepts & prays the court to sign
these his exceptions, which is accordingly

Bill of Exception.

Filed April 8th 1836 John Ruland clk