Vincent v. Jerry Duncan
Item
Vincent V. Jerry Duncan. 1829, St. Louis Circuit Court Historical Records Project, accessed October 8, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60731
- Case Title
- Vincent v. Jerry Duncan
- Series
- Freedom Suits
- Plaintiff
- Vincent
- Defendant
- Duncan, Jerry
- Date Filed
- 1829-04-22
- Filing Date
- 1829-04-22
- Plaintiff’s Attorney
- Bird, Gustavus A.
- Court Name
- St. Louis Circuit Court
- Court Term
- 1829-07
- Judge
- Carr, William C.
- Clerk
- Gamble, Archibald
- Sheriff
- Milpurn, R.
- Cause of Action
- Trespass
- Assault
- Battery
- False Imprisonment
- Case Notes
- Plaintiff had filed previous suit against John Duncan; filed new suit since Coleman and James Duncan had recently claimed him as a slave as well; believed James was attempting to take plaintiff to New Orleans and sell him; claimed formerly a slave of Jesse Duncan, deceased; around 1815 or 1826, Jesse took plaintiff to Illinois from Kentucky; around 1819, Jesse died; his heirs kept plaintiff hired out in Illinois; at end of 1826, James brought plaintiff to Missouri to hire him out; included warrant for Coleman's slaves Joe and Ralph, who he claimed ran away; deposition of Reason Neighswonger described plaintiff's work in saline saltworks in Illinois; mentioned Bob Smith, a black man, & Robert M. Funkhouser who both hired plaintiff; included judgements of Supreme Court to retry case at Circuit Court level; included list of jurors; bill of exception mentioned testimonies not included in depositions; also included copy of 6th article of Ilinois' state constitution.
- Identifier
- ccr1829.07138.006
- Source
- Missouri State Archives - St. Louis
- Rights
- Public Domain
- PDF Download
- Download PDF of all images
- Transcription
-
**Vincent vs. Jerry Duncan**
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**Page 1** (7138_001.jpg)
> *Legal Function: Plaintiff's Petition*
To the Honorable William C Carr Judge of the Circuit
Court Third Judicial Circuit & State of Missouri
The Petition of Vincent other wise called Vincents [illegible] Duncan
represents to your honor that he is entitled to his freedom
& that he is held in Slavery in the City & County of the St .
Louis by one jury a free man of colour [illegible] who held
your Petitioner for a year from one Caleman [illegible] Duncan
who is nowin the State of Kentucky your Petitioner
further states that said Caleman held your petitioner
to said Jury for one year from the 19th day of
September last as the agents of John Duncan of
Kentucky who claims your Petitioner as a slave.
Your Petitioner further saith that he was the slave
of one [illegible] Duncan the father of said John & that
[illegible] while he was the slave of said [illegible] some time in the
year 1816 or 1817 according to the last recollection of your
petitioner your petitioner was by the said [illegible] hired [illegible]
out to labor [illegible] in the State of Illinois where your petitioner resided &
Laboured by the orders of said [illegible] until [illegible] the [illegible] deathof said [illegible]
Your Petitioner further saith that from 1816 or 1817
until about the commencement of 1826 your
petitioner by the [illegible] consent & orders of said [illegible]
& of his hiers[?] after his death
served & labored in the State of Illinois as the a
hired [illegible] servant [illegible] & that said issue & his [illegible] office [illegible] death [illegible]
the changes for the hire of your Petitioner.
Your Petitioner further says that about [illegible] the year 1819
the said issue Duncan did [illegible] [illegible] since which time the
said John Duncan has [illegible] your Petitioner as his
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**Page 2** (7138_002.jpg)
Slave claiming your Petitioner as one of the [illegible] heirs of the
said [illegible] Your Petitioner therefore prays that he
May by the order of your honor be permitted to
[illegible] his suit for freedom & prosecute as a
poor person that counsel may be a assigned to him
April 22d 1829
*[illegible]
[illegible] [illegible] Loncan*
> *Legal Function: Order*
I William G.
Carr Judge of the Circuit Courts for the
third Judicial Circuit & State of Missouri being
of Opinion that the above Petition contained
sufficient matter to authorize the commencment
of a suit do order that Vincent the above named
petitioner be permitted to sue as a poor person to
establish his freedom & I do assign Gustave[?] A
Bird as counsel for the said Vincent to command
& prosecute his suit for freedom and do also
order that said Vincent shall have reasonable
liberty to attend his counsel & the courts [illegible]
when occasion may require & I do order that
that the said
Vincent shall not be taken or removed
out of the Jurisdiction of said Courts & that he
shall not be [illegible] [illegible] to any security because of
his application for freedom
*Will . C. Carr*
---
**Page 3** (7138_003.jpg)
> *Legal Function: Caption*
The Petition of Vincent
claimed as a slave
by John Duncan
praying that he may
be permitted to sue
for his freedom
No. 14.
July Term 1829
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**Page 4** (7138_004.jpg)
> *Legal Function: Certificate of Execution*
Executed this writ on Jerry Duncan May 8, 1829
in city of St Louis by reading to him the Declaration, Summons
and order of Judge
Sum \$1.00
*R. Simpson , Shff*
> *Legal Function: Caption*
No 14 St St. Louis Circuit Court
July Term 1829
Vincent a free person
vs
Jerry other wise
Jerry Duncan
Action of Apanth
& Battery & false
Impresson [illegible]
Damages \$200
Filed 6th May 1829
Archibald Gamble Clerk
[illegible]
[illegible]
The clerk of St Louis
Circuit Court will
please pay a summons
& endorse
a copy of Judges order
on the Summons
*[illegible] [illegible]*
> *Legal Function: Caption Part 2*
[illegible] by default & writ of [illegible] page 388
[illegible] Book 5 page 410
Archd Gamble Clerk
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**Page 5** (7138_005.jpg)
> *Legal Function: Plaintiff's Complaint*
State of Missouri Circuit Court [illegible] Judicial Circuit
July Term [illegible] 1829 Saint Louis County Ss
Vincent a free person of Colour by
[illegible] his attorney complains of Jerry a free man of
colour otherwise called Jerry Duncan of a plea of
trespass to for that hertofore to each on the Seventeenth
day of September in the year eighteen hundred &
twenty eight at the city of St. Louis in said County
the said defendants with force & arms made an assault upon the
said plaintiff & then & there beat buised wounded
&[?] ill treated him the said plaintiff & then & there
imprisoned him the said plaintiff & kept &
detained him in prison there for a long space
without any reasonable or probable cause
whereaboutto court from the said Seventeenth day
of September year eighteen hundred & twenty
eight untill the commencement of this suit
said plaintiff [illegible] that before & at the time
of the committing said grievances he was &
still is a free person & that said defendant
held & detained & he still holds & detains
him in slavery wherefore said plaintiff
saith that he is greatly injured & hath
sustained Damages to Five hundred Dollars
therefore he suits &c.
*[illegible] Brick [illegible] for
Plff Filed 9th May 1829
Archd Gamble Clerk*
> *Legal Function: Subpoena*
County of St. Louis ss
The State of Missouri To the Sheriff of the County of St. Louis
Greeting
We command you to summon Jerry a free man of color otherwis called
Jerry Duncan that he be and appear before the Judge of our circuit court
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**Page 6** (7138_006.jpg)
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 of July next then and there to answer
unto Vincent a free person of color of a plea of Trespass to wherefore said
plaintiff saith that that he is greatly injured and hath sustained Damages
to Two Hundred dollars and have you then there this writ
*Witness Archibald Gamble Clerk of our said court
at office this seventh day of May in the Year
our Lord Eighteen Hundred and twenty nine Archibald Gamble Clerk*
> *Legal Function: Order*
I William C Carr Judge of the Circuit Court for the third Judicial circuit & State of
Missouri being of opinion that the above petition contains sufficient matter to authorize
the commencement of a suit do order that Vincent the above named Petitioner be permitted
to sue as a poor person to establish his freedom & do assign Gustavus A Bird as counsel for
the said Vincent to commence and prosecute his suit for freedom and do also order that
said Vincent shall have reasonable liberty to attend his counsel and the Court when
occasion may require and I do moreover order that that the said Vincent shall not be
taken or removed out of the Jurisdiction of said court & that he shall not be subject to
any severity because of his application for freedom.
*(signed) Will C Carr A True copy of the order Archibald Gamble Clerk May 7th 1829.*
Vincent V. Jerry Duncan. 1829, St. Louis Circuit Court Historical Records Project, accessed October 8, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60731