Carey, a man of color v. Benjamin Wilder

Item

Carey, a Man of Color V. Benjamin Wilder. 1831, St. Louis Circuit Court Historical Records Project, accessed October 8, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60742

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Case Title: Carey, a man of color v. Benjamin Wilder
Series: Freedom Suits
Plaintiff: Carey
Defendant: Wilder, Benjamin
Date Filed: 1831-03-08
Filing Date: 1831-03-08
Plaintiff’s Attorney: Bird, Gustavus A.; Stub, John
Defendant’s Attorney: Gamble, Hamilton Rowan
Court Name: St. Louis Circuit Court
Court Term: 1831-03
Judge: Carr, William C.
Clerk: Gamble, Archibald
Justice of the Peace: B., John
Sheriff: Walker, John R.
Cause of Action: assault; battery; falseimprisonment
Case Notes: Plaintiff claimed he was a slave of Thomas J. Vaughn; moved to Galena, Illinois, to work in mines & digging; defendant then claimed him as slave, hired Enoch Price as captain of Steamboat \St. Louis;\" took plaintiff to New Orleans."
Case Number: 53
Identifier: ccr1831.06731.014
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **Carey, a man of color v. Benjamin Wilder**

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**Page 1** (6731_001.jpg)
> *Legal Function: Petition to Sue as Poor Person*

In the [illegible] of the
Circuit Court for St Louis [illegible] Circuit State of Missouri
The petition of Carey a man of color represents
to your honor that he is entitled to his freedom
but that he is since held in [illegible] by Benjamin [illegible] at St Louis in said [illegible]-your petitioner states that the following are the facts which your petitioner to his freedom
your petitioner states that about nine years ago
your petitioner was the slave of one Thomas
I [illegible] - that about the time last [illegible]
Said [illegible] took your Petitoner[?] to the State
of Illinois near [illegible] for the purpose of employ-
ing your Petitioner in the mining [illegible]
and that Said [illegible] hiredyour Petitioner to
[illegible] in the State of Illinois, at [illegible], for
about 3 weeks to different individuals[?]; that
Said [illegible] employed your petitioner about three weeks in digging minerals near [illegible]
in the state of Illinois - that Said [illegible]
then [illegible] from Illinois with your- Petitioner that Said [illegible] claims
your Petitioner as his salve [illegible] claims to the through
said Thomas [illegible] your Petitioner further
says that Said [illegible] talks of [illegible] sending your Peti[?]
-tioner[?] to some distant place your petitioner
is a fraid[?] do so [illegible]
reasonsto fear. your petitioner therefore prays that
he may be permitted to [illegible] for his
freedom as a poor person that [illegible] to
him to prosecute his [illegible]-that a [illegible] of [illegible]

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**Page 2** (6731_002.jpg)
[illegible] said [illegible]
to bring your Petitioner that such
he had [illegible] may be [illegible] in [illegible] the personal safety of your Petitioner

*Carey his mark
x
[illegible]*
> *Legal Function: Notarization*

[illegible] the above named Petitioner
[illegible] on his [illegible] says that the facts in the
above Petition stated are true.

*Carey his mark
x
[illegible]
[illegible] sworn to [illegible] the 8th march 1831
G Bird*
> *Legal Function: Order*

I [illegible] Judge of the Circuits Court for the [illegible] Circuit State
of Missouri du on [illegible] that [illegible] the be permitted to [illegible] as a poor
person to establish his freedom and [illegible] to
Said [illegible] as his [illegible] to [illegible]
[illegible] Said [illegible] for freedom an [illegible]
also orderthat Said [illegible] shall have reasonable liberty to attend the Court his counsel [illegible]
[illegible] may require and also that Said
[illegible] shall [illegible] be taken out of the [illegible]
of the Circuit Court for St Louis County State of Missouri [illegible] to any
[illegible] because of his application for freedom
March 8th 1831

*Will C. Carr*

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**Page 3** (6731_003.jpg)
> *Legal Function: Certificate of Filing*

No. 53
March term 1831
petition of [illegible]
for freedom and
order that he may
sue as a poor person

*[illegible] filed 8 March 1831
A Gamble [illegible]*

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**Page 4** (6731_004.jpg)
> *Legal Function: Complaint*

State of Missouri
St Louis County [illegible]
Circuit Court 3rd/11 judicial
Circuit State of Missouri
March term A. D. 1831.
Carey a man of color by
John Stub his attorney complains of Ben-
jamin Wilder of a plea of [illegible] assault
and battery and flase imprisonment for
that [illegible], Court, on the first day of
January in the year eighteen hundred and
twenty seven at St Louis in said county
The said Benjamin Wilder then & there with
[illegible] and arms [illegible] an [illegible]
the [illegible] and then and there beat
Bruised wounded & illtreated the said and then & there falsely imprisoned
and illegally and forcibly kept and detai[?]
nedhim the [illegible] imprison therefor
a long space of time, [illegible] from the first
day of january eighteen hundred and twenty
seven aforesaid the time of the [illegible] of this suit and the said
Plaintiff over that During the period of the
aforesaid imprisonment the said defend
ant did daily with force and [illegible] and beat the said plaintiff
[illegible] at the place aforesaid and the
said plaintiff avers that before and at
the time of the committing the said sever-
al grievances he was [illegible] still is a free
person and that the said Defendant - held
and detained and still holdes and detains
said plaintiff in slavery [illegible] said
plaintiff says that he is greatly injured

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**Page 5** (6731_005.jpg)
and hath maintained damage to one
thousand dollars therefore he sues [illegible]

*John [illegible]
for plaintiff
[illegible]*

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**Page 6** (6731_006.jpg)
> *Legal Function: Summons for Benjamin Wilder to Appear*

County of Louis [illegible] The State of Missouri
To the Sheriff of Said County-
We Command you to summon Benjamin Wilder that he
and appear before the Judge of our Circuit Court at the next thereof to be here at the City of StLouis within and for the
county of StLouis on the fourth monday of March
then and theno to answer unto Carey a man of color of a
plea of [illegible] assault and battery and false improvenment
to the damage of said plaintiff of one thousand dollars
[illegible] have you then [illegible] this [illegible]

*[illegible] Archibald Gamble Clerk
of our said court of Office the eighth day of May 1831
[illegible] [illegible]*

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**Page 7** (6731_007.jpg)
> *Legal Function: Order*

I William C.Carr. Judge of the Circuit Court for the
third judiceal Circuit [illegible] State of Missouri do order that
[illegible] the above named petitioner be permitted to sue as a
poor person to establish his freedom and I to said
John Steel as his counsel to commence & prosecute Said for freedom and I also, order that said Cary
Shall have reasonable liberty to attend the court of his coun-
sel when occasion may require and also that said Cary
Shall not be taken out of the Jurisdiction of the circuit
Court for St. Louis County [illegible] State of Missouri nor be subject
to any severity because of his applicaton for freedom
March 8th 1831

*[illegible] [illegible]*
> *Legal Function: Certificate of Filing*

No. 53. St. Louis Circuit Court
March term 1831
Carey a man of color vs Benjamin Wilder
This is a suit for
freedom an action
of apaut[?] and batery &
imprisonment
Damages \$1000.00[?]
The Clerk of the St. Louis
Circuit Court will
pleas to issue a sum
mons John
for plaintiff

*[illegible] 8. March 1831
[illegible]*
> *Legal Function: Certificate of Execution*

Send this writ by to Benjamin Wilder
the writ & Declaration and also the copy of order of
the Judge [illegible] on the writ & the petition to him on the 8th day of March
1831. in the city of St. Louis

*John R Walker Shff*
> *Legal Function: Bill of Costs*

|   |   |
|---|---|
| [illegible] of writ [illegible] | 100 |
| [illegible] | 50 |
| [illegible] | 1.50 |

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**Page 8** (6731_008.jpg)
> *Legal Function: Plea*

In the Circuit Court
March Term 1831
Benjamin Wilder Carey , man of colour
and the said Benjamin by Gamble
his attorney comes and defends, the force and [illegible] when & [illegible] and says that he is not guilty of the said supposed trespapes[?]
above said to him charge or any part thereof in manner and
form as the said Carey has above thereof, complained against
him. and of this the said Benjamin puts himself upon the
County.
and for a further plea in this behalf the said Benjamin
says that the said Carey ought not to have or maintain his afore-
said action thereof against him because he says that at
the time of the commencement of the said action by the
said Carey he the said Carey was a slave with
that the said Carey at that time was a peeman,as he said in manner and form as he, said Carey , has in his Declaration thereof allged, and this he, said Benjamin is
ready to verify.

*HR Gamble defnts attorney[?] [illegible]*

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**Page 9** (6731_009.jpg)
> *Legal Function: Unknown*

[illegible]
Factfile[?] 194
|   |   |   |
|---|---|---|
| [illegible] 186 | | 186 |
| [illegible] 189 | Book 6 | 189 |
| [illegible] 207 | | 207 |
> *Legal Function: Certificate of Filing*

No 53
March term 1831
Carey Benjamin Wilder Carey, man of color
Pleas - not guilty

*[illegible]
[illegible] filed april 1st[illegible] 1831
A Gamble clerk [illegible]*

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**Page 10** (6731_010.jpg)
> *Legal Function: Bill of Exceptions*

[illegible]
Carey
Said Carey on his oath says that about
the 8th of June Said Wilder who claims this
[illegible] as his slave this [illegible] to captain
[illegible] for the purpose of [illegible] on board
of the Slave boat St Louis for a trip from St Louis to New Orleans & from there back that this was taken on board of said Boat against his will & taken to New
Orleans that he returned on board of
Said Boat to [illegible] St Louis about the first of
July [illegible] that soon after his return he
called on his counsel on when
[illegible] to about making preparations for his trial said [illegible]
informed this that it was
[illegible] to prepare his case for trial
by the term of the court
had again for [illegible]
& must appear in court & be [illegible] as
to [illegible] [illegible] this
says that soon after his return from New Orleans
he was taken sick & has [illegible]
under the care of a physicican[?] to this time
that when this case was called for trial
last friday this was under the operation
of medicine & unable to attend court.
This says that during his he has
been treated with severity by Wilder he has suffered for want of food & clothing
but forced to work when he was sick & unable to work

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**Page 11** (6731_011.jpg)
This [illegible] believes he is entitled to his freedom
& if permitted can procure the evidence to establish
[illegible] by the [illegible] term of this court the [illegible] of
this [illegible] him [illegible] Louisiana Missouri &
[illegible] Illinois [illegible] to take
be[illegible] at both places with [illegible]
for plaintiff whant galin a are semral & there
shond be ma cirtanly of procuring their positions
in the same day or week. It was the
intention of the [illegible] to have been ready
for trial at this term & he believes he should
have been prepared if he had not been prevented
by his trip to New orleans made us aforesaid

*Carey his mark x [illegible]
sworn [illegible] onted before
sum a justice of the piece of
S Louis county august 22rd 1831
John B*
> *Legal Function: Motion to Set Aside the Non Suit*

Carey vs Wilder
Said Carey also means
to set aside the non
suit in this case & file
this [illegible] to share
the reason in addition
to the one filed
2. namely that when this
cause was called for
trial he had a good
cause for continue
but in as presented from
showing it by [illegible]

*et Bird aty for Piff
filled august 22nd 1831
A Gamble clerk*

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**Page 12** (6731_012.jpg)
> *Legal Function: Certificate of Filing*

Carey vs Wilder
[illegible] [illegible]

*[illegible] [illegible]*

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**Page 13** (6731_013.jpg)
> *Legal Function: Order*

Carey
vs
Benjamin Wilder
On the calling of this cause for
trial Said Carey was called & was not personally present Gustavus a Bird one of the [illegible] for
the plaintiff moved for a continuance & it was agreed by the parties that the statement of Said. Bird to be made
as counsel for Carey & that of Mr Prius made
on oath should be received as the ground of the
motion in line of an affidavit. and said Bird stated as follows that since the task continuance
of the cause he received information that the
defendant [illegible]
[illegible]
had put Said Carey on board of the Slave Boat
St Louis for the purpose of sending him to New Orleans - This affiant on receiving this information
immediately [illegible] up a Petition stating the infor-
mation thus received, for the purpose obtaining
a writ of Habeas Corpus - to said Slave Boat St Louis &[?] Said Captain Prius who informed said Bird that said had
hired him said Carey to work on board
said Boat from St Louis to New Orleans & from there back to St Louis - the Sl Boat St Louis
was just about to set out of port &[?] said
Bird was of opinion that an application for an writ of Habeas Corpus would have been unavail[?]
ing - he therefore did not make the
application said Bird states that Plaintiff reside in or near Galina Illinois & Louisiana Missouri[?] - That if the facts which Carey has stated & sworn to are true said Carey
is in his opinion entitled to his freedom

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**Page 14** (6731_014.jpg)
said Bird states that previous to the time Carey was taken to New Orleans Carey had stated to
said Bird the names of his & their residence of which Said Bird had made a
memorandum which was lost or mislaid
Said Carey returned from New Orleans about
the first of July - after his return he called on Said Bird [illegible] that [illegible] there was not sufficient time to take his [illegible] the
[illegible] -[illegible] Said Bird says that of the
Statements which Carey has made to him & which
he beleives[?] are true. Said Carey has material for him residing near Louisiana aforesaid & galena aforesaid whose depositions
can be procured by the [illegible] term of this court
states that on or about the
8th of June last hired him
the plaintiff to work on board the Sl boat St
Louis for a trip from St Louis to New Orleans & from there back to St Louis - that said
Boat started for New Orleans with said Carey
on board & returned from there to St Louis
with the said Carey on board about from the
[illegible] to the 4th July last and the said Carey was then delivered to the said defendant . The Court decided that
the facts stated furnished cause for a continuance & the plaintiffs motion whereupon the plaintiff to the opinion
of the Court & prays that this [illegible] of [illegible]
may [illegible] part of the
[illegible] is done

*William C. Carr*

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

Carey, a Man of Color V. Benjamin Wilder. 1831, St. Louis Circuit Court Historical Records Project, accessed October 8, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60742