Joseph Jefferson, a free man of Colour v. James McKnight, William McCutcheon

Item

Joseph Jefferson, a Free Man of Colour V. James McKnight, William McCutcheon. 1826, St. Louis Circuit Court Historical Records Project, accessed October 8, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60676

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Case Title: Joseph Jefferson, a free man of Colour v. James McKnight, William McCutcheon
Series: Freedom Suits
Plaintiff: Jefferson, Joseph
Defendant: McKnight, James; McCutcheon, William
Date Filed: 1826-10-24
Filing Date: 1826-10-24
Plaintiff’s Attorney: McGirk; Charles
Defendant’s Attorney: Bates, Edward G.
Court Name: St. Louis County Circuit Court
Clerk: Gamble, Archibald
Sheriff: Simpson, R.
Cause of Action: Trespass; Battery; False Imprisonment
Case Notes: Plaintiff said he was born in Virginia to slave mother and white father named Thomas Jefferson.
Identifier: ccr1826.01172.009
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **Joseph Jefferson, a free man of Colour vs. James McKnight, William McCutcheon**

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**Page 1** (1172_001.jpg)
> *Legal Function: Complaint Against James McKnight and William McCutchen for Battery and False Imprisonment*

Executed this petition on James McKnight by reading the same to him this 24th Oct. 1826
> *Legal Function: Complaint against James McKnight and William McCutchen for Battery and False Imprisonment Part 2*

No 23- Nov Term 1826 In the Circuit Court
July Term, 1826.
Joseph Jefferson
vs
William W. Chouteau[?]&
James M. Knight
Petition to the [illegible]
to sun as a poor person
for his founder.

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**Page 2** (1172_002.jpg)
> *Legal Function: Complaint Against James McKnight and William McCutchen for Battery and False Imprisonment Part 3*

[illegible]

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**Page 3** (1172_003.jpg)
> *Legal Function: Complaint Against James McKnight and William McCutchen for Battery and False Imprisonment Part 4*

State of Missouri
County of St Louis In the circuit court July term 1826 To the Honorable, the Judge of the cir
cuit court of said county.
The petition of Joseph Jefferson
a mulatto man, aged about twenty seven years,
humbly represents to your honor, that he was born
in the state of Virginia from a black mother, and free
white father, whose name is Thomas Jefferson , in a
state of Slavery, following the condition of his mother
the said Jefferson , that father of your petitioner being
the [illegible] mster of your petitioner that when
your petitioner was only of the age of about four
years, as your petitioner is informed the said
Thomas Jefferson , the there owner of your petitioner
about that time sold your petitioner as a
slave to one James McKnight , an condition
that said McKnight should not hold your petitioner
in slavery any longer, than to your petitioner
should arrive at the age of twenty one
years of age; but should then discharge your
petitioner from slavery, suffering your petitioner
to go at large in the full enjoyment of his actual
rights and privileges, as a free man man
And a petitioner representats, that the siad
James McKnight , brought your
petitioner along with him many years ago,
from the state of Virginia to the then territory
now state of Missouri , when he the said McKinght
resided ever since, and held your petitioner
in his possession and custody, for sometime,
as his slave. That about fourteen years
ago the said James McKnight , as your petitioner
is informed, sold your petitioner as a slave
is [illegible] McKnight , the father of the
said James , but upon what precise conditions
or times, your petitioner is ignorant, but your
petitioner has be informed and believes, that
the conditions of said sale, by James McKnight
to Timothy,
McKnight his father, with the same
under which said James purchased your petitioner
from the said Thomas Jefferson , above mentioned,
and that the said Timothy McKnight
the father of the James was informed and was
cognizant of the conditions under which said
James bought your petitioner as aforsaid, at the

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**Page 4** (1172_004.jpg)
turn your petitioner was sold by said
James to
Timothy McKnight , the father of said
James .
And your petitioner further represents to your honor
that the said Timothy McKnight held your petitioner
in his custody and posession[?] as his slave during
his life time, which was terminated not long since by
death that your petitioner, after the death of said
Timothy- McKnight, came into the posession[?] &
custody of William McCutchen , of the county of
St Louis , & State of Missouri , who your petitioner
[illegible] to the same in lieu of the said
Timothy McKnight deceased, and that said
McCutchen has held your petitioner ever since the
death of said Timothy-Mcknight deceased, in his
possession and custody as his slave, as your pe
titioner is informed and believes, under the pretence
that your petitioner was left to him as a legacy
by the last will and testament of the said
Timothy McKnight deceased; that your petitioner,
altho he has long since arrived at the
age of twenty one years, is still held & claimed
by the said McCutchen as his slave for life, deprived
of his natural freedom and personal litherly
contrary to the terms of the said contract between
the said James McKnight and the
said Thomas Jefferson , above mentioned, and
contrary to and in contempt of the laws of the
land, and contrary to equity and good can
secure, as your petitioner is advised & believes
In tender consideration whereof, your petitioner
prays that (in order that full and ample
justice may be done to him) he be
permitted to institute his action of apauld
& battery and false impresonment, agrument
the said william McCutchen, and the
said James McKnight , and all other person
who may set up a claim to your petitioner
as a slave, claiming under, by or
through the said
James , to try the
right of your petitioner to his claim of
freedom and that your honor will make
all the necessary orders and deceases, which
may be deceased necessary & proper, in whalf
of your petitioner, & that he may be permitted
to sue as a poor person; & your petitioner
will ever pray de
next L. C. McGirk

*JosephHis X Mark Jefferson*

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**Page 5** (1172_005.jpg)
> *Legal Function: Complaint*

No 23
St St. Louis Circuit Court
November Term 1826
Joseph Jefferson
vs William M Cutchen
James M Knight
Narr.
This is an action of Trespass
assault battery & false imprisonment
[illegible] damages of 800
The Clerk will [illegible] a summon,

*[illegible] [illegible]
atty for pltiff Filed 19th October 1826 Arch Gamble Clerk*
> *Legal Function: Certificate of Execution*

Executed this writ on [illegible] M McCutchen by reading to
him the same March March the 2nd 1827 as
Service $ 1-00

*Jas C. Musicek Sheriff
for R. Simpson Sheriff*

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**Page 6** (1172_006.jpg)
> *Legal Function: Amended Complaint Against James McKnight and William McCutchen for Battery and False Imprisonment*

State of Missouri
County of St Louis In the Circuit Court November Term 1826
Joseph Jefferson a free man of colour
who is permitted by the Court to sue as a poor person
by I [illegible] [illegible] his attorney assigned as counsel by this
court [illegible] of William M Cutchen and famed
M Knight of a plea of trespass, For that the
said William and famed heretofore court on the first
day of July in the year of Lord one thousand eight
hundred and twenty six, with force and arms at the
city of St Louis unlawfully and assault did make upon
the body of said Joseph and then and there did [illegible]
[illegible] and [illegible] him said Joseph and then and there
imprisoned him said Joseph and kept and detained him in
prison without any reasonable or probable cause whatso-[?]
ever against the will of said Joseph and have eversince
kept and detained him said Joseph in prison and still
keep and detain him said Joseph in person without any
reasonable or probable cause whatsoever, Countrary to the
laws of this State, and the said William and James other
wrongs then and there did him said Joseph against
the peace and dignity of the State.
Wherefore the said Joseph says he is injured and
hath sustained damaged from said William and James
to the amount of eight hundred dollars and therefore he
sucs-[?]

*McGirk & Charles
Attys for plff*
> *Legal Function: Certificate of Execution*

Executed this writ on James McKnight by reading the
same to him this 24th Oct 1826 The writ was not
executed on Wm. McCutchen for [illegible] of a belief that said [illegible]Wm.
McCutchen was not a resident of St Louis County

*R Simpson Shff
by James G Musick D Shffs*

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**Page 7** (1172_007.jpg)
> *Legal Function: Summons Against James McKnight and William McCutchen for Battery and False Imprisonment*

County of St Louis [illegible]
The State of Missouri To the Sheriff of said County Greeting
We Command you to summon William McCutchen and James
McKnight that they be and appear before the Judge of ours
Circuit Court at the next term Thereof to be held at the city
of St Louis within and for the County of St Louis on the Fourth Monday in November next then and there to answer into Joseph
Jefferson a free man of color who is permitted by the Court to sue as
a poor person of a plea of Trespass to the damage of said plaintiff
of Eight hundred dollars ~ and have you then there this writ

*Witness Archibald Gamble Clerk of our
said Court at Office this 16th day of October
1826 Archibald Gamble Clerk*
> *Legal Function: Summons Against James McKnight and William McCutchen for Battery and False Imprisonment Part 2*

County of St Louis [illegible]
The State of [illegible] To the Sheriff of said County Greeting
We command you to summon William McCutchen that he be and appear
before the Judge of our circuit Court at the next Term thereof to be held at the city
of St Louis within and for the County of St Louis on the Fourth Monday in March
next then and there to answer unto Joseph Jefferson a free man of Color
who is permitted by the Court to sue as a poor person of a plea of Trespass
to the Damage of the said plaintiff of Eight hundred and Dollars and have you
then there this writ

*Witness Archibald Gamble Clerk of our said Court
at office this Third day of February 1827 Archibald Gamble Clerk*

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**Page 8** (1172_008.jpg)
> *Legal Function: Answer of James McKnight*

James McKnight [illegible]
with William McCutchen
ads Joseph Jefferson , a man
of Colour
Suit for freedom
And the said James Mr Knight who is in
pleaded in this suit with William McCutchen
comes and defends the force and [illegible] when [illegible]
and say, that the said
Joseph ought not to have
and maintain his action aforesaid, because he
says that the said Joseph was, at the time
of the commencement of this suit, and still
is a slave, without this that the said Joseph
was at the time of the commencement of this
suit, a free person, as is said by
his declaration in this behalf is above
supposed, and of this he the said James
put himself upon the bounty

*By his attorney E.*

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**Page 9** (1172_009.jpg)
> *Legal Function: Caption*

No. 23.
Nov Term 1826
Js.[?] McKnight [illegible]:
with McCutchen
ads
[illegible] [illegible]
Joseph Jefferson [illegible] the [illegible]

*filed Dec 1st 1826 A Gamble Clk*

Item sets: All Circuit Court Records; Freedom Suits Case Files, 1814-1860; Circuit Court Cases