Peter, a man of color v. James Walton

Item

Peter, a Man of Color V. James Walton. 1831, St. Louis Circuit Court Historical Records Project, accessed October 8, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60744

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Case Title: Peter, a man of color v. James Walton
Series: Freedom Suits
Plaintiff: Peter
Defendant: Walton, James
Date Filed: 1831-03-10
Filing Date: 1831-03-10
Plaintiff’s Attorney: Strother, George French
Defendant’s Attorney: Geyer, Henry S.
Court Name: St. Louis Circuit Court
Court Term: 1831-03
Judge: Carr, William C.
Clerk: Gamble, Archibald
Justice of the Peace: Garner, J. C.
Sheriff: Walker, John K.; Stoner, George; Stoner, Isaac; Brotherton, James
Sworn Declarant: McDonald, Archibald; Walton, George; Walton, Henry; Walton, Jacob; Walton, John T.
Cause of Action: Trespass; False Imprisonment; Assault; Battery
Case Notes: Plaintiff, also known as Peter Jackson, born in North Carolina & owned by William Walton; given to Walton's daughter Elizabeth Lansford who moved to Indiana; later claimed by James Walton; deposition of John T. Walton included.
Case Number: 60
Identifier: ccr1831.06734.030
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **Peter, a man of color v. James Walton**

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**Page 1** (6734_001.jpg)
> *Legal Function: Plaintiff's Petition for Leave to Sue as a Poor Person*

To the Honorable William C. Carr Judge
of the circuit court of county of St Louis
Your petitioner Peter humbly rep
resents, that he was born in the state
of North Carolina a slave the property of William Walton who came to
county of St Louis and state of Missouri
about twenty three years since and
brought your petitioner with him, that
your petitioner resided with his master
Willam Walton in the county of St Louis
about two years when the said William Walton gave your petitioner to his
daughter Elizabeth Lansford[?] who then
resided in the state of Indiana to wait
for the said Elizabeth and [illegible] her child
that the said Elizabeth took your petitioner
up [illegible] her on back at the house
of William Walton in [illegible] of there [illegible]
by and conveyed him to her house in the
state of Indiana where he resided with
her about two years there he was
taken to [illegible] and from there brought

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**Page 2** (6734_002.jpg)
to the county of St Louis and state of Missouri
where he now resides and is held in slavery by James Walton most of which [illegible]
he [illegible] by the awarded affidavit
[illegible] A which your petitioner asks to
[illegible] in part of this his petition
Your petitioner being advised and
believing that the above events and [illegible] gives him claim to and entitles him
freedom, prays to be permitted to sue
in forma pauperis to establish his right
to his freedom and that such other and fur
ther orders may be made in the [illegible]
as the law [illegible] and to your honor may
[illegible] and [illegible]

*Peter his X mark Sworn to & subscribed this 10th day of March 1831 Before Garner, J. C.*
> *Legal Function: Order*

State of Missouri Third Judicial Circuit Court
. It is hereby ordered that Peter the before named petitioner is permitted to sue as a poor person to
establish his right to freedom on the foregoing pe=tition[?] and George F Strother Esquire[?] is assigned
as his counsel for that purpose. It is also ordered
that the petitioner Peter have reasonable liberty

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**Page 3** (6734_003.jpg)
to attend his said Councel and the Court when
occasion may require and that the said petitioner
shall not be removed out of the jurisdiction of
the court nor [illegible] be subject to any severity because
of his application for freedom. Given under
my hand at my chambers this 10th day of
March 1831.

*Will: C Carr Judge 3. Circuit*

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**Page 4** (6734_004.jpg)
> *Legal Function: Caption*

No60 March Term 1831
Peter a man of color
vs
James Walton
Petition to sue in forma pauperis

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**Page 5** (6734_005.jpg)
> *Legal Function: Affidavit of John F. Walton in Support of Plaintiff's Petition*

State of Missouri County of St Louis ss.
John T. Walton personally appeared before the [illegible] a Justice of the peace in and for the county aforesaid, duly sworn on his oath saith that he is
acquainted with Peter a Black boy that [illegible] he has known him ever since he can recollect knew him in North Carolina
has known him in Missouri , saw him when he started from
this County and company with Elizabeth Lansford[?] to go to Indiana as it was said, does not know of his own knowledge that he
went there. The deponent saith that Elizabeth Lansford[?] the was the daughter of said William Walton, she started from her father's in St Louis County, taking with her Peter
the Black man aforesaid with the consent of her father and
on her intended trip to Indiana, they took place about twenty one years ago-that Elizabeth Lansford never returned[?] to the county-That said Elizabeth Lansford never returned to the county. That Peter remained away for two years or upwards. The deponent further saith that the said Peter was beaten[?] as aforestated[?], in the a [illegible]-with an understanding guaranteed by Henry Walton the son of the said William Walton , that the residence of the boy
should be changed every thirty days has often heard the said William Walton in his lifetime remark that the boy (alledging
to said Peter ) was free by the laws of Indiana , if he but
knew it

*John T Walton Sworn to & Subscribed this 17th January 1831 before [illegible]*

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**Page 6** (6734_006.jpg)

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**Page 7** (6734_007.jpg)
> *Legal Function: Plaintiff's Complaint*

St St. Louis Circuit Court [illegible] March
term 1831
St Louis County to wit. Peter a man of color
who by permission of the court sues in
forma pauperis complains of James Walton of a plea of trespass. For that the
said James Walton on the first day
of May in the year 1830 with force
and or was in the county of St Louis made an assault on the
said Peter to wit at St Louis county aforesaid and then and there [illegible] one
said hold of the said Peter and with
great force and [illegible] then and there did the said Peter and gave him the
said Peter many blows and, [illegible]
and then and there imprisoned the said Peter and kept and detained him in pris[?]
on there without any reaonsable or probable cause whatsoever[?] [illegible] for a long space of
time to wit for the space of Eleven months.
When the said Peter avers that before
and at the time above mentioned when

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**Page 8** (6734_008.jpg)
when the aforesaid grievances were committed [illegible]
in the said Peter was and still is a free person
told the [illegible] not James Walton there kept
and detained him and still holds and detains him in slavery. Contrary to law and against
the will of the said Peter the said
Peter was not only then and there greatly bruised and hurt
but was also then and there greatly
in [illegible] and in circumstances to wit at St Louis county aforesaid. and. [illegible] the [illegible]
then and there did to the damage of the
said Peter \$500 and therefore he brings
suit.

*Strother pq[?]*

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**Page 9** (6734_009.jpg)
> *Legal Function: Summons*

County of Louis The State of Missouri
To the sheriff of St Louis 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 to be held at the city of St Louis
within and for the County of S Louis on the fourth
monday of March instant then and there to answer
unto Peter a man of color of a plea of trespass to the
damage of said plamliff of \$500-and have you
then there this writ.

*Witness Archibald Gamble Clerk of our said court at Office the eleventh day of March 1831 Archibald Gamble Clk*

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**Page 10** (6734_010.jpg)
> *Legal Function: Certificate of Execution*

Executed this writ on James Walton the defendant
by offering to read it and the declaration to him
which he [illegible] refused to hear read and acknowledged of the same in the county of St Louis on the
12th day of March [illegible]

*John K Walker Sheriff by Jas. Brotherton Depty [illegible]*
> *Legal Function: Caption*

No.60 march term 1831- St St. Louis Circuit Court
Peter a man of color
vs
James Walton
This is an action of assault and beating and false imprisonment.

*G Strother[?] filed 11. March 1831. A Gamble Clk*
> *Legal Function: Order*

State of Missouri- Third Judicial Circuit Court .
It is hereby ordered that Peter the before named petitioner be permitted
to sue as a poor person to establish his right to freedom on
the foregoing petition and George F Strother Esquire is assigned[?]
as his counsel for that purpose. It is also ordered that the petitioner
Peter have reasonable liberty to attend his said counsel and
the court when occasion may require and that he said petitioner
shall not be removed out of the jurisdiction of the Court nor
be subject to any severity because of his application for
freedom. Given under my hand at my chamber this 10 day of March 1831.

*(Signed) Will . C. Carr Judge 3[?]. Circuit A true copy of the Order of the judge. Archibald Gamble Clk*

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**Page 11** (6734_011.jpg)
> *Legal Function: Defendant's Plea of Not Guilty*

James Walton
ads
Peter a man of colour
and the said James by [illegible] his
attorney comes and defends the force and injury
when &c and says that he is not guilty of
the in manner and form as the plaintiff
hath above thereof in his declaration alleged
and of this he puts himself the county [illegible]

*Geyer[?] - for deft*
and the said James for further plea in this behalf says that the the said plaintiff at
the time of the commencement of this suit was
not and is not a free person in manner
and form as the plaintiff alledges[?] and of this he puts himself upon the county

*[illegible] filed April 1st 1831 A G Clk*

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**Page 12** (6734_012.jpg)
Non suit Book 6 page 284

*Archibald Gamble Clerk*
defendants page
No.67 March T 1831 St St. Louis Circuit Court
Walton ads Peter
plea Not guilty - 2 plff
not free

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**Page 13** (6734_013.jpg)
> *Legal Function: Summons for John T. Walton and Archibald McDonald*

County of St. Louis , sct . State of Missouri , To the Sheriff of Saint Louis County---Greeting.
You are here by commanded to summon John T Walton and Archibald Gamble
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 tenth day of August next 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 Fifteenth day of July in
the year of our Lord one thousand eight hundred and thirty one
Archibald Gamble Clerk, C. C.*

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**Page 14** (6734_014.jpg)
> *Legal Function: Certificate of Execution*

John T Walton & Archibald McDonald
not found in my county

*John K Walker Shff 2[illegible]-25[illegible]*
> *Legal Function: Caption*

July Term 1831
Peter
vs
James Walton
for Plaintiff

*John T Walton Archibald McDonald on 10 August*

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**Page 15** (6734_015.jpg)
> *Legal Function: Summons for Geroge Walton and Henry Walton*

County of St. Louis , sct . State of Missouri , To the Sheriff of Saint Louis County---greeting.
You are hereby commanded to summon George Walton and Henry 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 tenth day of August next 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 Fifteenth day of July in
the year of our Lord one thousand eight hundred and thirty. one Archibald Gamble Clerk, C. C.*

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**Page 16** (6734_016.jpg)
> *Legal Function: Caption*

July Term 1831
Peter
vs
James Walton
for defendant

*x George Walton x Henry Walton on 10th August*
> *Legal Function: Certificate of Execution*

Excuted this writ on Henry Walton by leaveing
a copy of it at his house and it to George Walton
both in St Louis County on the 20th day
of July 1831

*John K Walker Shff by Geo Stoner Dp Shff[?] Service $ 1.00*

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**Page 17** (6734_017.jpg)
> *Legal Function: Summons for John T. Walton and Archbald McDonald*

County Of St. Louis , Sct. State of Missouri , To the sheriff of Saint Louis County---Greeting.
You are hereby commanded to summon John T Walton and Archibald 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 7th day of December 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 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 11th day of November in
the year of our Lord, one thousand eight hundred and thirty-one Archibald Gamble Clerk, C. C.*

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**Page 18** (6734_018.jpg)
> *Legal Function: Certificate of Execution*

Jn T. Walton & Arch McDonald not found[?] in my county

*Jn Walker Shff[?] November 25th*
> *Legal Function: Caption*

November Term 1831
Peter
vs
James Walton
for plff

*John T Walton Archibald McDonald on 7th Dec .*

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**Page 19** (6734_019.jpg)
> *Legal Function: Summons for George Walton and Henry Walton*

County Of St. Louis , Sct. State of Missouri , To the sheriff of Saint Louis County---Greeting.
You are hereby commanded to summon George Walton and Henry 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 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 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 11th day of November in
the year of our Lord, one thousand eight hundred and thirty-one Archibald Gamble Clerk, C. C.*

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**Page 20** (6734_020.jpg)
> *Legal Function: Certificate of Execution*

Executed on Henry Walton on the 14th Novr[?] & on George Walton on the 4th
Dec 1831

*Jn Walker[?]
Shff [illegible] \$1.00 [illegible]*
> *Legal Function: Caption*

November Term 1831
Peter
vs
James Walton
for defendant

*x George Walton [illegible] x Henry Walton [illegible] on 7th December*

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**Page 21** (6734_021.jpg)
> *Legal Function: Summons for George Walton and Henry Walton*

County Of St. Louis , Sct State of Missouri , To the Sheriff of Saint Louis County---Greeting.
You are hereby commanded to summon George Walton and Henry 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 thirtieth day of march next 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 20th
day of February in the year of our Lord one
thousand eight hundred and thirty two Archibald Gamble Clerk C. C.*

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**Page 22** (6734_022.jpg)
> *Legal Function: Caption*

March Term 1832
Peter
vs
James Walton
for defendant

*x George Walton [illegible] x Henry Walton [illegible] on 30th March*
> *Legal Function: Certificate of Execution*

Executed this writ on Geroge Walton 29th
of February & on Henry Walton 2nd day of March 1832
in county of St Louis

*John K Walker Shff by J Brotherton Dpty by [illegible]*

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**Page 23** (6734_023.jpg)
> *Legal Function: Summons of John T. Walton and Archibald McDonald*

County Of St. Louis , Sct. State of Missouri , To the Sheriff of Saint Louis County---Greeting.
You are hereby commanded to summon John T Watton and Archibald McDonald
that setting aside all manner of excuse and delay, they be and appear in proper person before the
Judge of our Circuit Conrt, on the 30th day of march next 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 Watton 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 Cty of St. Lous, this 20th
day of February in the year of our Lord one
thousand eight hundred and thirty two Archibald Gamble Clerk C. C.*

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**Page 24** (6734_024.jpg)
> *Legal Function: Certificate of Execution*

Archibald McDonald & John T Walton
not found in my county

*John K Walker Shff [illegible]*
> *Legal Function: Caption*

March Term 1832
Peter
vs
James Walton
for plff

*John T Walton Archibald McDonald on 30th March*

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**Page 25** (6734_025.jpg)
> *Legal Function: Summons for John T. Walton*

Count Of St. Louis
Sct. State of Missouri , To the Sherff of St. Louis County-
Greeting.
You are hereby commanded to summon John T 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 [illegible] day of April
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 9th day of
April in the year of our Lord one thousand
eight hundred and thirty two A Gamble Clerk C. C.*

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**Page 26** (6734_026.jpg)
> *Legal Function: Certificate of Execution*

not executed there being two
about the same time

*John K Walker Shff*
> *Legal Function: Caption*

Peter
vs
James Walton
Spa for

*Jn T Walton[?] 10th April
for for plff*

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**Page 27** (6734_027.jpg)
> *Legal Function: Summons for John T. Walton*

County Of St. Louis -Sct. State of Missouri , To the Sheriff of St. Louis County-Greeting.
You Are Hereby Commanded To Summon John T 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] forth [illegible] with
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 [illegible]
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 Eleventh day of
april in the year of our Lord one thousand
eight hundred and thirty two Archibald Gamble Clerk C. C.*

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**Page 28** (6734_028.jpg)
> *Legal Function: Certificate of Execution*

Executed this writ on [illegible] John T Walton by read-
ing
it to him in St. Louis County on the 11th April
1832

*Jn. K Walker Sheriff[?] By Issac Stoner Depy[?] Service 50 cts*
> *Legal Function: Caption*

Peter a man of color
vs
Jas. Walton
sub
[illegible] forthwith

*x for Jn T. Walton[?]*

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**Page 29** (6734_029.jpg)
> *Legal Function: Summons for Jacob Walton*

County Of St. Louis -Sct. State of Missouri , To the Sheriff of St.Louis County-Greeting.
You Are Hereby Commanded To Summon Jacob 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 is
[illegible] plaintiff, and James Walton
is [illegible] 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 19th day of
April in the year of our Lord one thousand
eight hundred and thirty two A Gamble Clerk C. C.*

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**Page 30** (6734_030.jpg)
> *Legal Function: Caption*

Peter
vs
James Walton
for Jacob Walton forthwith for defendant
> *Legal Function: Certificate of Execution*

Executedthis writ on Jacob Walton
by reading it to him in St. Louis
on the 19th april 1832

*John K Walker Shff by J Brotherton Dpty Service 50 cts*

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

Peter, a Man of Color V. James Walton. 1831, St. Louis Circuit Court Historical Records Project, accessed October 8, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60744