To the Honorable John M . Krum Judge of the Circuit
Court of St Louis County. Your Petitioner
Malinda a woman of Colour. would Humbly up
a suit unto Your honor. That she was
and held as a slave by one Milton Duty in
his life time, since deceased, the said
Duty atthe time, and long before his dea
=th was a resident of the City and County of
St. Louis Your Petition would further
represent that the said Duty before his
removal to the State of Mississippi , and
held your petitioner as his slave, long before
he removed from said State to the State
of Missouri . Your Petition his to the
of
that before the said Duty moved from
the State of Mississippi in the
Year of our Lord1836 he made said
Past Will and Testament inn which he
directed at his , that your said
Petitioner among a number of the slaves which he owned should be manumited
and let free in the Month1837.AD. the
said Duty moved to the State of Missouri
and brought ith him your Petitioner
together with a number of other slaves owned
by by him at that time, and in and in the
following your the said Duty departed
this life in the City of St. Louis having
made no other will in him of said
Your Petitioner, there is mentioned in said
will The said will was established and a within to record in the of
and State of Mississippi in the
Court of said County in the 26th day of
November 1838AD., and on the 22nd day
of June 1839was duly admited to recor
d as the last will and testament of the
said Duty in the County Court of St Louis
County, and letter of
thereof granted to boom of said
County and City of St Louis , who now
as your Petition states fully and
unjustly holds your Petition in slavery
and has caused her to be commited
and confined in close custody in the Jail
of said County without any reasonable Cause therfor..
You Petitioner therefor Honorbly prays
your honour that she may be. allowed
to prosecute her suit for her freedom may
the , as , as
a poor person and their Counsel be
asigned her and that she
from her present and no subject illeg
-al and that the
he made in her behalf
the persons and in duty
bound she will pray
Malindee herxMark Duty
State of Missouri
St Louis County
this day personally come before
the Justisce of the peace
in and for the County and State afore
said. Malindie (a person of Color) Who
has included the above Petition who being
duly sworn disposes & says That the facts
therein contains and forth un-
true to the best of her knowledge and
belief. Given under my hand this
22nd day of July 1843
Malinda herx mark Duty
Sworn to & Subscribed
before Me thiis 22nd of July 1845
Peter Cruess
Justice of the Peace
St louis Co . Mo.
This day personally appeared before me the under
signed a white person of a Justice of the Peace who being
duly sworn depose and say, that he is
well acquainted with Malinda who subcri
-bed the foregoing petition: and belong
until the state
State set forth in
said petition are true, as he is informed
and verily between my hand this
22nd day of July 1845.
State of Missouri
County of St Louis SS
This day personally appeard
before me the under signed William Burchettead
who being sworn according to Laws makes oath
says that he is acquainted with the Petitioner Malinda ; had that the Statement set
forth in her Peition in to her freedom
is in talked to further states that from the he has below the
in to her freedom
William Burchted
Sworn to & subscribed before
Me the this
23 day of Aug. 1845
Jno Ruland
Justice of the Peace St Louis County, Mo
Malinda (of color)
Petition to sue
for freedom - - - -
V.D . &
p 28
On reading & considering the within & foregoing Petition it is ordered that
the said Petitioner Malinda be allowed to institute a suit to obtain her
freedom on giving security to the Clerk of the St. Louis
Circuit Court for all Courts that may be adjudged against her. And it is further ordered that the said Malinda has reasonable liberty, to
attend her Counsel the said Court as occasion may require that
she be not removed out of the jurisdiction of the Court
& that she be not subject to any severity on account
of her application for freedom & that Col. A. P . Fold be
hereby supported to prosecute suit for freedom.
St Louis Augt . 25. 1945
John M Krum Judge of Jud. Cir
In the Circuit Court
Malinda (of color)vs George W. Coons ad
Declaration In
Trespass & False im
prisonment
October November Term 1843
This is an action of
Trespass & false imprisonment
The clerk will a
sum returnable to
the Term of the
Circuit Court .
A P Fields
for Plff
In the Circuit Court .
of St Louis County
October November Term 1843.
Malinda a woman of color by A P
Field her attorny complains of George
W . Coons ad : of the of
Miltin Duty , in custody of
a plea of trespass and false imprison
ment, for this towit that the said
defendant on the twentyfifth day of
May in the year of our Lord one thous
and eight hundred and forty five at
the County and Circuit aforesaid and
with in the Jurisdiction of this Court
with force and arms. Assaulted the said
plaintiff and there and then beat bruised and
ill treated her and there and then imprisoned
and kepted and delivered her in person for a
long space of time towit for the space
of six months then next unsuing against
The will and consent of her the said plaintiff
and contrary to the law of the State of Missouri
and the liberty of the people thereof and the
said plaintiff owns that before and at the
time of the commiting of the said grievance
by the said defendant plaintiff
was and still is a free person and the said
defendant wrongfully and unjustly held
and still holds the said plaintiff in slavery
and other wrongs to the said plaintiff
in and did, against the peace and and of the State of Missouri and
to the damage of the said plaintiff one
thousand dollars and therefore she sues
A P Field
Attorny for Plaintiff
In the Circuit Court
November Term 1845
v.
We do duly in the for the
in the above cause, need do ourselves.
to pay all costs may be adjudged against
the said plaintiff in the pusuing cause.
Witness our this1st day
of October 1845
A.P Field
N . Noll
County Of St. Louis ,Ss.The State Of Missouri ,To the Sheriff of St. Louis County, Greeting:
We command you to summon George W Coons , administrator
of the estate of Milton Duty deceased, if he be found
in your county, the he be and appear
before the Judge of our Circuit Court , on the first day of the next therm thereof, to be
held at the City of St. Louis , within and for the County of St. Louis , on the third Mon-
day of November instnextthen and there to answer unto Malinda , a
woman of color, of a plea of trespass and false im-
prisonment
to the damage of said plaintiff one thousand dollars: And have you then there this writ.
Witness, John Ruland , Clerk of our said Court,
with the seal thereof hereto affixed, at office, in the
city of St. Louis , this first day of
November in the year of our Lord eighteen
hundred and forty-five. John Roland Clerk.
On reading & considering the within & foregoing petition, it is ordered that the
said petitioner Malinda be allowed to institute a suit to obtain her freedom
on giving security satisfactory to the clerk of the St. Louis Circuit Court
I acknowledge myself bound for all costs that may accrue in the above cause.
for all costs that may be adjudged against her. And it is further ordered
Witness my hand and seal, at St. Louis , this day of 184 that the said Malinda have reasonable liberty to attend her counsel
& the said Court as occasion may require & that she be not
removed out of the jurisdiction of the said Court, & that she be
not subjected to any severity on account of her application for
17p289 17p277 17p. 449 con 17p 625 & exa 18p 315.
11 2 20
St. Louis Circuit Court November Term 1845
George W Coons , administrator
of the estate of Milton Duty dec.
Suit for freedom
A. P . Field atto
Filed 1st November 1845
John Ruland Clk
$1.00 (215)
Excuted this writ in the
County of St. Louis on the 4th day of
November 1845by offering to read it
and the decleration to George W Coons
, the defendant which he refused
to hear and by reading to the said George
W Coons the orders of the Judge in this
case
William Milburn Shff
Service $ 2.00 By A C Osburn Depy
Freedom, & that Col A. P . Field he & he is hereby appointed to prosecute the said suit for freedom.
John M Krum Judge 8th Jud.Cir.
St. Louis Augt 25.
In the Circuit
Court
November April Term
1845
vs.
George W. Coons adms
of Milton Duty
And now comes the said defendant, George
W. Coons by his attorney, and defends the
force & injury, when , and says that he is
not guilty of the said several trespasses & griev-
=ances in the said plaintiffs declaration
against him, nor of any or either of them
in and as charged and
allaged against him, and of this the said
defendant himself upon the country xc
M B Walker
atty for Dept.
of color
vs
George W. Coons
of Milton Duty
Plea not guilty
atty for Defs
Filed 20 April 1846
Jno Ruland Clerk