Peter, a slave v. James Walton

Item

Peter, a Slave V. James Walton. 1829, St. Louis Circuit Court Historical Records Project, accessed October 8, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60722

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Case Title: Peter, a slave v. James Walton
Series: Freedom Suits
Plaintiff: Peter
Defendant: Walton, James
Date Filed: 1829-06-01
Filing Date: 1829-06-01
Plaintiff’s Attorney: Edwards, John C.
Defendant’s Attorney: Geyer, Henry S.
Court Name: St. Louis County Court
Court Term: 1829-07
Judge: Carr, William C.
Clerk: Gamble, Archibald
Justice of the Peace: Turner, Joseph B.; Ferguson, Peter
Sheriff: Simpson, Robert; Brotherton
Cause of Action: Trespass
Case Notes: Plaintiff, born in North Carolina, property of William Walton, was given to owner's daughter Elisabeth and her husband, Edward Lunsford, of Illinois; after living there for 2 years, sought to sue as a pauper after being beaten; needed material witnesses.
Case Number: 40
Identifier: ccr1829.05554.019
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **Peter, a slave vs. James Walton**

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**Page 1** (5554_001.jpg)
> *Legal Function: Declaration*

To the honourable Mr. C. Carr , Judge of the Circuit
Court, of the County of St. Louis and State of
Missouri , June 1st, 1829:
Your petitioner, Peter ,
represents to your honour that he was born
in North Carolina , the property of MM. Wal-[?]
ton; that the said William Walton emigra-[?]
ted from the said William Walton emigrated fr state of North Carolina to
the State of Missouri about twenty one years since, and brought your petition
er with him as his property; that about
one year after the residence of the said Wal
ter in this State, he gave your petitioner
to his daughter Elizabeth Lunsford,
wife of Edward Lunsford, who resided
in the North Western Territory; that
the said Elizabeth Lunsford took your
petitioner from the house of William
Walton and carried him to the state
of Illinois , to the house of Edward Luns
ford, where your petitioner remained a-
bout two years in the employment of
Edward and Elizabeth Lunsford; that
your petitioner is now held in slavery
by James Walton, who resides in the
County of St. Louis and State of Missouri
when your petitioner is advised and belives
he is entitled to y his freedom, and
prays that he may be permitted to sue
in form a pauper to establish his right
thereto, and that such other orders may
be made in the premises as the law di
rects, and as may seem meet and propose
to your honour.

*his Peter + mark.*

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**Page 2** (5554_002.jpg)
> *Legal Function: Notarization*

County of St. Louis
State of Missouri Sct.
This day personally appeared
before me. Peter a slave,
nien, a Justice of the peaace within
and for the County of St.Louis afore
said, Peter , the above petitioner, who
being duly sworn,, says that the
facts set out in the foregoing petition,
are true to the heat of his knowledge.

*his Peter . + mark
sworn and subscribed to this 1st day
of June 1828.
J. B. Turner*
> *Legal Function: Caption*

Peter a black man
vs
James Waltan,
Petition to sue
in forma pauperis.
> *Legal Function: Order*

State of Missouri
Third Judicial Circuit sct.
The within named Peter is permitted
[illegible] suit on the foregoing petition as a poor
person. To establish his freedom and John C
Edwards Esquire is assigned as his Counsel
It is moreover ordered that the petitioner have reasonable liberty to attend his Counsel
and the court when may require
and Charlie Peterman shall not be taken or
removed out of the jurisdiction of the
Court nor be subject to any severity
because of his application for
freedom. Given under my hand of my
chambers this 20. day of June 1829

*Will C Carr*

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**Page 3** (5554_003.jpg)
> *Legal Function: Certificate of Execution*

Executed this writ on James Walton within the county of St Louis
July 6. 1829 by handing to him the Declaration summons
and order of the Judge.

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

No 40
St.Luois Circuit Court
July Term 1829
Peter
vs
James Walton
Declaration

*Filed 26th June
1829 Archibald Gamble*

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**Page 4** (5554_004.jpg)
> *Legal Function: Complaint*

State of Missouri
County of St. Louis Circuit Court . July Term 1829
Peter , by his attorney Jno. C. Edwards
complains of James Walton in a plea of
trespass: For that the said James Walton
on the 23rd day of June, 1829, with force
and arms, made an assault upon the
said Peter , to wit, at the county of St. Louis and State of Missouri , and then
and there beat bruised and ill treated
him the said Peter , and kept and de-
tained him in prison there, without any
reasonable or probable cause, for a long time,
to wit, for the space of twelve hours then
next following; and the said Peter overs
that before and at the time of commi
tting these grievances he was and still is
a free person, and that the defendant
held and detained him and still holds
and detains him in prisonslavery, contrary
to the law of the land and against
the will of the said Peter . And other wrongs
to the said Peter then and there did to
the great damage of the said Peter ; where
fore the said Peter saith he is injured,
and hath sustained damages to the amount as five hundred
and therefore he brings his suit [illegible].

*Filed 26th June 1829
Archibald Gamble
Jno. C. Edwards
Att.[?] for Pltff.*

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**Page 5** (5554_005.jpg)
> *Legal Function: Caption*

Peter
vs
Walton
Declaration
> *Legal Function: Summons*

County of St. Louis sct: The state of [illegible] To the Sheriff of the County of St. Louis 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 to be held at the city of Saint Louis
within and for the County of St. Louis on the fourth Monday
of July next then and there to answer unto Peter in a plea
of trespass wherefore the said Peter saith he is injured and
hath sustained damages to the amount of five hundred dollars
and have you then there this writ

*Witness Archibald Gamble Clerk of our
said Court at Office this twenty sixth
day of June Eighteen Hundred and
twenty nine Archibald Gamble Clerk*

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**Page 6** (5554_006.jpg)
> *Legal Function: Affidavit*

Peter
vs
James Walton
County of St. Louis State of Mri.[?]
This day personally appeares, Peter ,
before me Joseph B Turner a justice of the
peace within and for said county, and
makes oath, that an order made by
your honour[?] the Judge of the Circuit
Court of the County of St. Louis and state
of Mri[?]. in a suit instituted by said Peter , the affiant,
for his freedom, against James Walton,
has been [illegible]. The affiant states first
that he had been treated with unusual
severity on account of his having insti
tuted this suit for his freedom: second
ly, the affiant states that he believes
he is about to be subjected to further
severity on the same account: and
your affiant farther states that he
believes he is about to be removed
out of the jurisdiction of the above
count.

*Sworn to and subscribed
this 29th day of July 1829 Before J B Turner JP[?] Peter his X mark
[illegible]*

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**Page 7** (5554_007.jpg)
> *Legal Function: Caption*

No 40
July Term 1829
Peter
vs
James Walton
> *Legal Function: Caption*

No 40
July Term 1829
Peter
vs
affidavit
James Walton
Filed July 31st
1829

*A Gamble Clk*

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**Page 8** (5554_008.jpg)
> *Legal Function: Answer*

James Walton
ads.
Peter , a man of Colour
In the Circuit Court of St. Louis County
July Term 1829
And the said James Walton by Geyer[?]
his attorney comes and defends the force and injury when [illegible]
and says that he is not guilty of the said supposed trespass
above said to his charge or any part thereof in manner and
form as the said plaintiff had above there of complained
against him. And of this the said James puts himself
upon the County

*Filed August 3rd 1829 A Gamble ClR Geyer[?] for Dfns[?]*

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**Page 9** (5554_009.jpg)
> *Legal Function: Caption*

40
July Term 1829
Peter
vs
James Walton
> *Legal Function: Certifcate of Execution*

James Walton
ads
Peter , a man of Colour
plea of not guilty
filed August 3rd 1829

*A Gamble Clk*
> *Legal Function: Other*

Non suit Book 5 page 461
Bill of Exceptions filed page 485
A Gamble Clerk

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**Page 10** (5554_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, J. Taylor[illegible] Walton Archibald W. Donald
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 Seventh 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 pend-
ing 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 10th day
of November in the year of our Lord one thousand eight
hundred and twenty nine Archibald Gamble Clerk C. C.*

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**Page 11** (5554_011.jpg)
> *Legal Function: Certificate of Execution*

Executed this writ on Archibald W. Donald
Nov 12th 1829 on John. J. Walton November 19th
1829 by Reading the terms to him

*R . Simpson Sheriff
by Brotherton D Dp Shff[?]
Serve \$1.00*
> *Legal Function: Caption*

November Term 1829
Peter
vs
James Walton
for the plaintiff

*John J Walton 19
Archibald McDonald 19
on 7th December*

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**Page 12** (5554_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 Henry 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 Seventh 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 defendant; and have you then there this writ.

*Witness, Archibald Gamble , Clerk of our said Circuit
Court , at the City of St. Louis , this 10th day
of November in the year of our Lord one thousand
eight hundred and twenty nine Archibald Gamble Clerk C. C.*

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**Page 13** (5554_013.jpg)
> *Legal Function: Certificate of Execution*

Executed this writ on Henry Wallon November
12 1829 on George Watton 5th 1829 by Reading
[illegible]to them

*R. Simpson Shff by Brotherton Shff
Service \$1.00*
> *Legal Function: Caption*

November Term 1829
Peter
vs
James Walton
for Defendant

*\+ Henry Walton
\+ George Walton
on 7th December*

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**Page 14** (5554_014.jpg)
> *Legal Function: Affidavit for a Continuance*

Peter
vs.
James Walton
St. Louis Circuit Court
November Term. 1829.
Peter , the above named Plaintiff, states
that John J. Walton, and Archibald McDonald,
are materila witnesses[?] in the above cause, that
no other witness is in attendance upon[?], whose evi-
dence the party can safely rely to prove the
particular fact which the absent witnesses are
expected to prove, that the applicant believes he can-
not go to trial safely without the testimony of
the absent witnesses, that they are not absent
with his [illegible] or [illegible], and that
these witnesses were summoned, as he believes, to
give testimony in this cause some time before
the commencement of this court.

*sworn to and subscribed before
me this 31st December 1829 Archibald Gamble Clerk
Peter his X mark*

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**Page 15** (5554_015.jpg)
> *Legal Function: Caption*

Peter
vs.
James Walton
Affidavit for a
Continuance.

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**Page 16** (5554_016.jpg)
> *Legal Function: Motion for Continuance*

Peter
vs
James Walton
St. Louis circuit court
November Term. 1829.
Be it remembered that in the November term
of the St. Louis circuit court, in the year of our
lord 1829, came Peter , by his attorney, Jno. C.
Edwards , and upon the calling of the aforesaid cause for trial, moved for a continuance of
the same, on the ground of absence of testimony, and offered the following affidavit
in support of said motion:
> *Legal Function: Affidavit*

Peter
vs
James Walton
St. Louis circuit court.
November Term. 1829.
Peter , the above named plaintiff, states that
John J.Walton and Archibald McDaniel are
material witnesses in the above cause, that
no other witness is in attendance upon whose
evidence the party can safely rely to prove
the particular fact, which the absent witnesses
are expected to prove, that the applicant belives
he cannot go to trail safely without the testi-
mony of the absent witnesses, that they are
not absent with his [illegible] or procure-ment,[?] and that these witnesses were summoned,
as he belives, to give testimony in this cause
some time before the commencement of
this court.

*Sworn to and subscribed
before me, this 31st December
1829. Archibald Gamble Clerk.
Peter his X mark*
> *Legal Function: Order*

The court over_ruled the motion for a
continuance, on the ground that the affida
davit was insufficient in not stating that the witnesses were absent. To this

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**Page 17** (5554_017.jpg)
opinion, the counsel for the plaintiff excepts,
asid prays the Judge to allow, and sign and
seal the same [illegible] a

*Will . C. Carr*
> *Legal Function: Caption*

Peter
vs.
James Walton
Bill of Exceptions
Filed January
22nd 1830

*A Gamble Clk Page 485*

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**Page 18** (5554_018.jpg)
> *Legal Function: Affidavit for Appeal*

Peter
vs
James Walton
R. V.632. sea.43.
State of Missouri ,, County of St. Louis .
This day personally appears Peter , the
above named plaintiff, and makes oath
that the application for an appeal in the
above case is not made for the purposes of
vexation or delay, but because the affiant
verily believs himself aggrieved by the de
cision
upon which this appeal is prayed.

*Sworn to and Subscribed before
me this 27th January 1830
Peter Fergueson Justice[?] of
the peace county St. Louis
Peter his X mark*

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**Page 19** (5554_019.jpg)
> *Legal Function: Caption*

Peter
vs
James Walton
Affadavit.
filed January 28th
1830

*A Gamble Clerk*

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

Peter, a Slave V. James Walton. 1829, St. Louis Circuit Court Historical Records Project, accessed October 8, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60722