Peter, a free man of color v. James Walton, George Walton
Item
Peter, a Free Man of Color V. James Walton, George Walton. 1827, St. Louis Circuit Court Historical Records Project, accessed October 8, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60700
- Case Title
- Peter, a free man of color v. James Walton, George Walton
- Series
- Freedom Suits
- Plaintiff
- Peter
- Defendant
- Walton, James
- Walton, George
- Date Filed
- 1827-12-31
- Filing Date
- 1827-12-31
- Defendant’s Attorney
- Geyer, Henry S.
- Court Name
- St. Louis Circuit Court
- Court Term
- 1827-03
- Judge
- Carr, William C.
- Clerk
- Gamble, Archibald
- Justice of the Peace
- Ferguson, Peter
- Sheriff
- Simpson, R.
- Brotherton, J.
- Cause of Action
- Assault and Battery
- False Imprisonment
- Case Notes
- Plaintiff commonly known as Peter Jackson.
- Disposition
- petition to set aside verdict in favor of defendant
- Case Number
- 12
- Identifier
- ccr1827.05565.028
- Source
- Missouri State Archives - St. Louis
- Rights
- Public Domain
- PDF Download
- Download PDF of all images
- Transcription
-
**Peter, a free man of color vs. James Walton, George Walton**
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**Page 1** (5565_001.jpg)
> *Legal Function: Affidavit*
State of Missouri County of St.Louis [illegible]
This day James Walton appeared before me a
justice of the peace in and for the county aforesaid
and under oath that he is well acquainted
with a black man [illegible] like [illegible] with James
Walton in the county of St Louis [illegible] and that the said Peter was carried to the state of Illinois per
the state of Missouri by Henry Walton
& Betsy Langford[?] as this affidavit is
aforesaid that the said Henry Walton & Betsy Langford took the[?] said Peter per this affidavit and that the
said Peter remained in the state of Illinois
per the fall until march about four months
there he was brought back to this state by George Walton and further this affidavit saith not
*Sworn to and subcribed before me
[illegible] this 24th day of November 1827
circuit B.Justice of the Peace James Walton Jr. his X mark [illegible]*
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**Page 2** (5565_002.jpg)
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**Page 3** (5565_003.jpg)
> *Legal Function: Petition*
To the Honorable William C. Carr Judge of the
St. Louis circuit court
Your petitioner Peter a man of color that he was born a slave in the family
of William Walton and [illegible] was
taken there to the state of Illinois by and with
the [illegible] of said William Walton in which
state of Illinois he [illegible] to and with Edward Langford[?] who married the daughter of the
William Walton with the [illegible] and by the
character of said William until the [illegible]
of the said Edward Langford[?] per the daughter
of said William , when [illegible] and
of said wife of Edward Langford[?] and daughter the
of said William Walton were brought by Henry
Walton to the state of Missourifrom the
state of Illinois where he has been detained
in slavery was [illegible] and is now held in bondage
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**Page 4** (5565_004.jpg)
as a slave by James Walton your petitioner
further states that he was carried to the state
of Illinois by the direction and of
the said William Walton where he remained
for the month of October until the [illegible] in the employment of Edward Langford[?] and Betsy
his wife the daughter of William Walton upon
place and property he was in the state of Illinois
who than [illegible] in the state of Illinois
and your petitioner is injured and he lives
not under the above circumstances the
laws of the county he is withheld to his freedom
and that he is now illegally and injustifiably inferred[?] in a state of slavery by James Walton . He therefore prays your honor may make a
order authorizing him [illegible] to[illegible] and persecute a suit for his freedom according to the provisions of the statute in that are and
per ordered
*Peter his X mark [illegible]*
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**Page 5** (5565_005.jpg)
> *Legal Function: Affidavit*
The boy Peter acknowledged that he made his
mark and his name was
Peter
*[illegible]*
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**Page 6** (5565_006.jpg)
> *Legal Function: Caption*
Peter
vs
James Walton
Petition to be
authorized to
institute a suit against James Walton for his freedom. filed November 27th
1827
*A Gamble Clerk*
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**Page 7** (5565_007.jpg)
> *Legal Function: Complaint*
In circuit court to
March term 1828 St. Louis county to writ
Peter a free man of color by his next friend Alexis Amelin complains[?] of James Walton of
a plea of trespass. For that the said James Walton
on the 1st day of August in the year 1827 with force
and arms made a assault upon & in the said Peter on [illegible] in the said
county of St. Louis and then
and there with great force and violence struck
the said Peter a great many blows and
strikes and then imprisoned and
detained him the said Peter in his possession and detained him unjustly to wit
at the county of St. Louis ; without reasonable or probable cause whatsoever [illegible] of [illegible]
to wit for the space of six weeks than contrary to the laws of this state and against
the will of the said Peter where he the
said Peter was then and there greatly bruised, hurt and
[illegible] in [illegible]
at the [illegible] of the [illegible] of the said grievances of assault and Battery and false
imprisonment to wit on the first day of August in
the year 1827 at the county of St. Louis aforesaid
He the said Peter was and still is a free person and
the said James Walton then and there held him
and obtained him and still holds and detains
him in slavery and other wrongs to the said Peter
then and there did to him great damage of the
said Peter and against the peace of the state
wherefore he the said Peter saith that he is
injured and hath sustained damage to the amount
of $[?] 500 and therefore he brings suit [illegible]
*[illegible]*
> *Legal Function: Answer*
And the defendant by Geyer[?] his attorney comes
and defends the force & injury where he says
that he as not guilty of the premise in manner
and form as the plaintiff hath [illegible] thereof complained against him and of this he puts
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**Page 8** (5565_008.jpg)
himself upon the county [illegible]
*Geyer for deft[?] filed March 25th 1828 A. Gamble Clerk
And the plaintiff doth
the like for plaintiff*
> *Legal Function: Summons*
County of St. Louis [illegible] The State of Missouri To the Sheriff of said County Greeting
We command you to summon James Walton that he be and appear
before the Judge of our circuit court at the next term thereof is be held
at the city of St. Louis within and for the County of St. Louis on the fourth monday of March next then and
there to answer into Peter a free man of color who sues by Alexis Amelin[?] his next friend of a plea of trespass to the damage of the said
Peter of five Hundred Dollars and have you then there this writ
*Witness Archibald Gamble Clerk of our said Court at
Office this Thirty first day of December 1827 Archibald Gamble Clerk*
> *Legal Function: Caption*
No. 12
St. Louis Circuit Court
March Term 1828
Peter
vs
James Walton
This is an action of
assault & battery and
false imprisonment
for freedom issue a
summons
*[illegible]
Filed December 31st 1827 Archibald Gamble Clerk*
> *Legal Function: Certificate of Execution*
Executed this writ In James Walton Jan 30. 1828
by a certified copy of the writ & declaration left as his usual
residence with a white person over 15 years of age and a number of his
family, He the said Walton afterwards to wit Feb 1. 1828 acknowledge
the recent of the same & the source of this writ.
*R Simpson Sheriff Service \$1.00*
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**Page 9** (5565_009.jpg)
> *Legal Function: Affidavit*
This day Peter a free man of color appeared before me a justice of the peace in and for the
County of St.Louis and made oath that by jurisdiction
of the circuit court of the county of St. Louis
he has been permitted to establish suit against
James Walton who now claims him as a slave
establish his right to freedom, that the said
James Walton will not this affiant to attend his
counsel & his mentioned to kill him and this affiant
was on saturday last informed by one William
Neal that [illegible] he would tell this affiant and send him away and Nancy Walton the daughter of said James told this
affiant that the said James sold him
and this affiant the said
James Walton will remove the
from this jurisdiction of this court unless an order shall be
made to restrain him from doing so
*Sworn to and subscribed 28th day of January
1828 Before me
[illegible].B.Justice of the peace Peter his X Mark Jackson*
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**Page 10** (5565_010.jpg)
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**Page 11** (5565_011.jpg)
> *Legal Function: Order*
State of Missouri Third Judicial Circuit County of St.Louis ss. To James Walton of the County & Circuit
aforesaid Greeting
You are hereby commanded that you
the have body of Peter a man of color commonly
known by the name of Peter Jackson
who has been permitted to institute a suit
against you to establish his right to freedom
& who has stated on oath that he believes he
will be removed out of the jurisdiction of
the court unless an order is made restraining
you from so doing in your Custody detained
as a slave, you have before me at
my Chambers in the County aforesaid
on Friday the first day of February until
then and there to do & submit to whatever
*mercy be ajudged in the pendancy[?]
Given under my hand
& Seal at Chambers this 28th of January 1828. Will C. Carr . Judge 3[?] Circuit.*
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**Page 12** (5565_012.jpg)
> *Legal Function: Certificate of Execution*
“By the Habeas Corpus Acts”
Peter Jackson
vs
James Walton
Habeas Corpus
> *Legal Function: Order Part 2*
Executed this writ on James Walton Jan 30 1828
by leaving a certified copy thereof at his general residence
with a member of his family a white person over 15 years of age.
*R. Simpson Sheriff
By James B Deputy Sheriff Service $ 1.00*
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**Page 13** (5565_013.jpg)
> *Legal Function: Affidavit*
State of Missouri
County of St. Louis [illegible]
Be it remembered that on this
first day of Febuary 1828 personally came
before William C. Carr judge of the third judicial
circuit in the state aforesaid James Walton and
George Walton both of the county aforesaid and
acknowledged themselves indebted to the state of
Missouri in the sum of five hundred dollars, to be
levied of their respective goods and chattel lands and
tenements upon the following condition
Whereas a coloured man by the name of
Peter otherwise called Peter Jackson has commenced a suit of trespass, assault & battery and false
imprisonment on the circuit court for the county of St. Louis aforesaid against him the aforesaid
James Walton for the purpose of trying his right
to freedom agreeably to the statute in such case
made and provided and has made oath that he fears
said Walton will restrain him of and from having
reasonable liberty of attending his counsel and also
that he will be removed out of the jurisdiction
of the court- now therefore the condition of this
recognizance is that of the said petitioner
Peter shall at all times during the pendancy[?] of
said suit have reasonable liberty of attending his
counsel and that he shall not be removed out of
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**Page 14** (5565_014.jpg)
of the jurisdiction of the court aforesaid and that he shall
not be subjected to any severity because of his
application for freedom then this recognizance shall
be void ;otherwise to be remained in full force
and effect
*James Walton George Walton Taken and certified
before me the day and year
aforesaid
Will C. Carr
Judge 3 Circuit
State of Missouri*
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**Page 15** (5565_015.jpg)
> *Legal Function: Summons*
County Of St. Louis , Sct. The State Of Missouri , To The Sheriff Of Saint Louis County-Greeting.
You are hereby commanded to summon Henry Walton
John Walton
Rebecca Walton
Elizabeth Brown, Polly Walton and George Walton
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 Fourth day of August , 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 Peter a man of color is plaintiff,
and James Walton 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 Twelfth day of
June in the year of our Lord, one thousand eight
hundred and twenty eight Archibald Gamble Clerk C. C.*
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**Page 16** (5565_016.jpg)
> *Legal Function: Caption*
July Term 1828
Peter a man of color
vs
James Walton
Supp:[?] for Henry Walton
John Walton
Rebecca Walton
Elizabeth Brown
Polly Walton
George Walton
for plaintiff 4th August
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**Page 17** (5565_017.jpg)
> *Legal Function: Summons*
County Of St. Louis , Sct. The State Of Missouri , To The Sheriff Of Saint Louis County-Greeting:
You are hereby commanded to summon William Dawkins[?] Joseph Walton George Walton and Elizabeth McDonald
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 4th day of August , 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 Peter a man of color is plaintiff,
and James Walton 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 nineteenth day of
June in the year of our Lord, one thousand eight
hundred and twenty eight Archibald Gamble Clerk C. C.*
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**Page 18** (5565_018.jpg)
> *Legal Function: Caption*
July 1828
Peter
vs
James Walton
for
*William Dawkins[?] Joseph Walton George Walton Elizabeth McDonald for Defendant 4th August*
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**Page 19** (5565_019.jpg)
> *Legal Function: Summons*
County Of St. Louis , Sct. The State Of Missouri , To The Sheriff Of Saint Louis County-Greeting:
You are hereby commanded to summon William Dawkins[?] Joseph Walton
George Walton and Elizabeth McDonald
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 First day of December , 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 Peter a man of color is plaintiff,
and James Walton 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 eighth day of
October in the year of our Lord one thousand eight
hundred and twenty eight Archibald Gamble Clerk C. C.*
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**Page 20** (5565_020.jpg)
> *Legal Function: Caption*
November Term 1828
Peter
vs
James Walton
for
*William Dawkins[?] Joseph Walton George Walton Elizabeth Mcdonald 1st December for Defendant*
> *Legal Function: Certificate of Execution*
Executed on James Walton Nov 7 on William Dawkins[?]
and Elizabeth McDonald [illegible] November 19 1828 by
reading to them the same. George Walton
not found
*R Simpson Sheriff
by Brotherton , Deputy Sheriff[?] Service 1.50
[illegible]*
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**Page 21** (5565_021.jpg)
> *Legal Function: Summons*
County Of St. Louis , Sct. The State Of Missouri , To The Sheriff Of Saint Louis County-Greeting:
You are hereby commanded to summon Henry Walton
that, setting aside all manner of excuse and delay, he be and appear in proper person before the Judge
of our Circuit Court , [illegible] forthwith [illegible], 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 Peter a colored man is plaintiff,
and James Walton is defendant,
on the part of the deft ; 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
December in the year of our Lord, one thousand eight
hundred and twenty eight Archibald Gamble Clerk C. C.*
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**Page 22** (5565_022.jpg)
> *Legal Function: Caption*
November Term 1828
Peter
vs
James Walton
[illegible]
*Henry Walton
for Defendant
forthwith*
> *Legal Function: Certificate of Execution*
Executed this writ on Henry Walton by
reading to him the same December 2nd 1828
*R Simpson Sheriff Service 1.50*
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**Page 23** (5565_023.jpg)
> *Legal Function: Summons*
County Of St. Louis , Sct. The State Of Missouri , To The Sheriff Of Saint Louis County-Greeting.
You are hereby commanded to summon John Walton
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 First day of December , 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 Peter is plaintiff,
and James Walton 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 27th day of
November in the year of our Lord one thousand eight
hundred and twenty eight Archibald Gamble Clerk C. C.*
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**Page 24** (5565_024.jpg)
> *Legal Function: Caption*
November Term 1828
Peter
vs
James Walton
of
*for John Walton
1st December pltff*
> *Legal Function: Certificate of Execution*
Executed on John Walton November 27 1828
by reading to him the same
*R Simpson Sheriff
by Brotherton Deputy Sheriff[?]*
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**Page 25** (5565_025.jpg)
> *Legal Function: Affidavit*
County of St. Louis [illegible] In the Circuit Court
Peter a black man
who has for his freedom an application for freedom
vs James Walton
The above named plaintiff being sworn
on his oath saith that Polly Walton [illegible] of William
Walton, and John Walton material witness for the said
defendant, had been summoned as writ on behalf of this
deponent in the trial of the above case, that when the case
came on to trial, on wednesday the tenth in that, this deponant
caused the said witness to be called, and or finding that
they were not attending, he was about to apply for a continuance
of his case on the ground of the absence of said witnesses
Henry Walton and James Walton the defendant
represented to him the deponant, that the testimony of the
said Henry Walton was all [illegible] to prove him entitled
to his freedom, and that he the said Henry Walton could
prove all be intended to prove and establish by the above
named Dolly Walton and John Walton, that relying on
the statement of the said Henry Walton and James Walton he did
relinquish his first plan of applying for a continuance and
agreed to go on to trial upon the testimony of the said Henry
Walton , then on the trial, the testimony of the said Henry Walton
proving ineffective (he falling short of the expection of this -
deponent the jury brought in a verdict against the said
defendant and this deponant further saith not
*Sworn to & subscribed this
15th day of December 1828
Before me H. [illegible] Peter his X mark Walton*
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**Page 26** (5565_026.jpg)
> *Legal Function: Appeal for New Trial*
Peter
vs James Walton
The plaintiff Peter moves to [illegible] aside the [illegible] and for a new trial
for the following [illegible] For that the said Peter was for [illegible]
a [illegible] by the [illegible] upon on [illegible]
James and Henry
Walton who was the [illegible] for trial told
this affiant that be sent not certain
his case on account of the absence of witnesses
> *Legal Function: Appeal for New Trial Part 2*
Peter
vs James Walton
affidavit for new trial
> *Legal Function: Appeal for New Trial Part 3*
Not they Henry & George would prove ill [illegible] that he
could establish & the [illegible] of the absent witness
which still not [illegible] this affiant to go to
trial & when the case came on and [illegible] & the
said George & Henry [illegible] and [illegible], they contrary to what the [illegible] and contrary to that
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**Page 27** (5565_027.jpg)
> *Legal Function: Affidavit for New Trial Part 4*
he could have established [illegible] his above
witnesses who had been regularly been named
and for other reasons
*[illegible] for plaintiff*
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**Page 28** (5565_028.jpg)
> *Legal Function: Caption*
Peter
vs
Walton
[illegible] for [illegible]
under his suit
*Filed 15 December 1828 Archibald Gamble Clerk*
Peter, a Free Man of Color V. James Walton, George Walton. 1827, St. Louis Circuit Court Historical Records Project, accessed October 8, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60700