State of Missouri v. Claiborne, a slave the property of William Clark

Item

State of Missouri V. Claiborne, a Slave the Property of William Clark. 1827, St. Louis Circuit Court Historical Records Project, accessed October 7, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60702

Full Text: See images and transcription side by side
Case Title: State of Missouri v. Claiborne, a slave the property of William Clark
Series: Lewis and Clark
Plaintiff: State of Missouri
Defendant: Claiborne
Date Filed: 1828
Filing Date: 1828
Defendant’s Attorney: Magenis, Arthur L.
Court Name: St. Louis County Court
Court Term: 1828-11
Judge: Carr, William C.; Gamble, Hamilton Rowan
Clerk: Gamble, Archibald
Sheriff: Simpson, R.; Brotherton, J.; Edugles
Jury Foreman: Maguire; Sullivan, John C.
Cause of Action: Larceny
Case Notes: Defendant, a slave of William Clark; victim was Jesse J. Lindell; larceny of heifer; shows prior ownership of Claiborne.
Identifier: ccr1828.01155.018
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **State of Missouri vs. Claiborne, a slave the property of William Clark**

---

**Page 1** (1155_001.jpg)
> *Legal Function: Order*

The state
vs Claiboure
Be A [illegible] that on the
trial of this each it was [illegible] on the
part of the prisoner that in the year 1821
he was brought to this state by Mrs. [illegible] Rad-
ford, that he was the property of [illegible]her late
husband who left [illegible]three children then
and now living- that in said year
Mrs. Radford intermarried with Gene
-ral[?] Clark that since that time he
was occasionally hired out for the
benefit of the [illegible] of Radford that
at the times when he was not hired out
he resided as the [illegible] of General Clark
who received Control over him. That he
had occasionally been hired out by General Clark, that
the [illegible] arising from the hire had been
applied to the benefit of the [illegible]
of Radford by [illegible] [illegible] the
guardian of the [illegible] of Radford

---

**Page 2** (1155_002.jpg)
No other evidence material to the question
of property in the slave being offered her
prisoner by his Council asked the Court
to instruct the Jury that if they believed
the prisoner [illegible] was not the property of
William Clark as stated in the in-
dictment they ought to find the [illegible]
not [illegible] which instruction
the Court refused to give to which
opinion the prisoner by his Council
[illegible] Excepts and prop that this ex-
ception may be signed [illegible] and
made a fact of the Record in
this Court which is done
The court decided that the evidence or proved
a qualified property in
William Clark
Which was [illegible]sufficientto sustain the Indict
ment &[?] that ground refused the in
struction.

*Will . C. Carr*

---

**Page 3** (1155_003.jpg)
> *Legal Function: Grand Jury Verdict*

State Of Missouri ,
St Louis County
Ss. November Term 1828
The grand jurors for the State of Missouri , empannelled, sworn
and charged to enquire for the body of the county of St Louis
upon their oath present that Claiborne (a slave the property of
William Clark )
late of the county of St Louis aforesaid
on the first day of November
in the year of our Lord one thousand eight hundred and twenty eight
with force and arms, at the county of St Louis
aforesaid, one heifer
of the value of
seven dollars of the cattle goods and chattels
[illegible]
found, feloniously did steal, take, and carry away, contrary to the form of
the statute in that case made and provided, and against the peace and
dignity of the State.
Verdict Book 5 page [illegible]327
Judgement same book page 371

*Archibald Gamble Clerk H R Gamble Clk
Atto pro Tempore [illegible]*

---

**Page 4** (1155_004.jpg)
> *Legal Function: Caption*

November 1828
The State vs Claiborne a slave
In
For Larceny
[illegible]
Jepe G Lundele
Nancy a coloured woman
slave [illegible] [illegible]
A tree Bill

*John C Sullivan foreman*

---

**Page 5** (1155_005.jpg)
> *Legal Function: Capias Ad Respondendum*

County of St Louis [illegible]
The
State of Missouri To the Sheriff of St Louis County Greeting
We Command you to take Claiborne (a slave) if he be found
in your County and bring him forthwith before over Circuit
Court now in jejoin at the
City of St Louis within and for
the County of St Louis then and there to answer to an Indict-
ment found against him for Larceny and have you then and
there this [illegible]

*Witness Archibald Gamble Clerk of our said
Court at Office this 5th Day of December
One Thousand Eight Hundred and Twenty
Eight Archibald Gamble Clerk*

---

**Page 6** (1155_006.jpg)
> *Legal Function: Caption*

November 1828
The State
vs
Claiborne
[illegible]
Executed this writ Dec 22d 1828 by arresting
the body of the within named Claiborne and for want
of the necessary security, I Committed him to the
Common Said of St Louis County

*R Simpson Theriff Service \$1,00*

---

**Page 7** (1155_007.jpg)
> *Legal Function: Caption*

The State
vs
Claiborne
Bell of Exceptions

*Filed 29th July 1829 Archibald Gamble Clerk*

---

**Page 8** (1155_008.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 Lepse [illegible] Lindell and Nancy (a slave
of
Mary Ann Lee)
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 Twenty Seventh day of July , 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 The State of Missouri is plaintiff,
and
Claiborne (a slave) is defendant,
on the part of the State; and have you then there this writ.

*Witness, Archibald Gamble , Clerk of our said Circuit Court ,
at the
City of St. Louis , this 4th day of
June in the year of our Lord one thousand eight hundred
and twenty nine Archibald Gamble Clerk C. C.*

---

**Page 9** (1155_009.jpg)
> *Legal Function: Certificate of Execution*

Executed this writ on Jesse G Lindell July
13th 1826 an Nancy July 14th 1829 By Reading
to them the [illegible]

*P. Simpson Sheriff
Jas Brotherton Sherrif[?]*
> *Legal Function: Caption*

July 1829
The State
vs
Claiborne (a Slave)
for the State
&[?] Jesse G Lindell
& Nancy a Slave
on 27th July
[illegible] 1.00

---

**Page 10** (1155_010.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 Jesse G Lindell and Nancy a Slave
of Mary Anne Lee
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 25th day of March , 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 The State of Missouri is plaintiff,
and
Claiborne (a slave) is defendant,
on the part of the state; and have you then there this writ.

*Witness, Archibald Gamble , Clerk of our said Circuit
Court , at the city of St. Louis , this 23rd day of
February in the year of our Lord one thousand eight
hundred and twenty Nine Archibald Gamble Clerk C. C.*

---

**Page 11** (1155_011.jpg)
> *Legal Function: Certificate of Execution*

Executed on Jesse G Lendell March 10 1829 on
Nancy (slave Mary Anne Lee) March 18 1829 by ready
to them this writ

*[illegible] Simpson[illegible] [illegible] \$1.00*
> *Legal Function: Caption*

March 1828
The State
vs
Claiborne a slave
[illegible]
Claiborne a [illegible]
[illegible] for the state
Jesse G Lindell
Nancy (slave of Mary Anne Lee)
on 25 March

---

**Page 12** (1155_012.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 Jesse G Lindell - and Nancy a slave
of Mary Anne Lee
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 Thirteenth day of January Instant, 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 the state of Missouri is plaintiff,
and Claiborne (a slave) is defendant,
on the part of the state; 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
January in the year of our Lord one thousand eight
hundred and twenty Nine Archibald Gamble Clerk C. C.*

---

**Page 13** (1155_013.jpg)
> *Legal Function: Certificate of Execution*

Executed on Nancy May 12 1829
J. G Lendell and found

*R Simpson Shff. November Term 1828 The State vs. Clairborne(a slave)[?] for Jesse G. Lindell &
Nancy (a slave of Mary Anne Lee) on the 13th of January 1829 for the State*
> *Legal Function: Caption*

the state
vs
Claiborne (a slave)
for [illegible] G Lindele
Nancy a slave of
(many [illegible] [illegible])
on the 13th January 1829
for the state

---

**Page 14** (1155_014.jpg)
> *Legal Function: Verdict*

We of the jury find the deft. guilty in the manner
and form as charged in the indictment, and value the
properly stolen at \$4, which has been returned

*[illegible] Maguire*

---

**Page 15** (1155_015.jpg)
> *Legal Function: Summons*

County Of St. Louis , Sct. The State Of
Missouri , To The Sheriff Of St Louis County--Greeting.
You are hereby commanded to summon George Burgek 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 on the forthwith day of 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 The State is plaintiff,
and Claiborne a Slave 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 28th day of
July in the year of our Lord one thousand eight hundred
and twenty nine A Gamble Clerk C. C.*

---

**Page 16** (1155_016.jpg)
> *Legal Function: Certificate of Execution*

Executed this writ on George Burgess
[illegible] having a true copy of the [illegible] prith his wife Rose Burges a free white member
of his family over the age of fifteen years
July 28th 1870
Serviced 0.50

*R. Simpson Shff By [illegible] Edugles. Deft.*
> *Legal Function: Caption*

July Term 1829
The State
vs
Clartorme

*for
Ges Burgess
forthwith for Defendant*

---

**Page 17** (1155_017.jpg)
> *Legal Function: Appeal/Petition for Re-trial*

State vs Claireborne[?] a SlaveMatron for new [illegible]
And the said Claireborne[?]
by his attorney comes and ask
the Court here to grant a new
trial in this cause for the following
reasons-
1st: [illegible] that the veridict of the
jury in said case was contrary
to Law and Evidence.
2nd: That the court [illegible]in re-
fusing to give the [illegible]
paid for by the counsel of
the defendant

*Magsuis Atts.[?] [illegible]*

---

**Page 18** (1155_018.jpg)
> *Legal Function: Certificate of Filing*

Filed July 30th 1829
A Gamble , CLK
state
vs
Claiborne a slave
motion for a
new trial due reasons.
Magsuis
Atty

*for Defs*

Item sets: All Circuit Court Records; Circuit Court Cases; Lewis & Clark / Corps of Discovery Case Files, 1805 - 1837