Ralph Gordon, a man of color v. Robert Duncan and James Duncan

Item

Ralph Gordon, a Man of Color V. Robert Duncan and James Duncan. 1833, St. Louis Circuit Court Historical Records Project, accessed October 8, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60794

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Case Title: Ralph Gordon, a man of color v. Robert Duncan and James Duncan
Series: Freedom Suits
Plaintiff: Gordon, Ralph
Defendant: Duncan, Robert; Duncan, James
Date Filed: 1833-07-05
Filing Date: 1833-07-05
Plaintiff’s Attorney: Bird, Gustavus A.
Defendant’s Attorney: Bates, Edward G.
Court Name: St. Louis County Court
Court Term: 1833-07
Clerk: Gamble, Archibald
Cause of Action: Trespass; False Imprisonment; Assault; Battery
Case Notes: Plaintiff also known as Ralph Gordon; claimed as slave by Robert Duncan and hired out to James Duncan for $100 and to Coleman Duncan at seventy-five cents per day; special judgment and appeal to Missouri Supreme Court included.
Case Number: 99
Identifier: ccr1833.07083.020
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **Ralph Gordon, a man of color v. Robert Duncan and James Duncan**

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**Page 1** (7083_001.jpg)
> *Legal Function: Complaint*

State of Missouri Circuit Court third Judicial Circuit,
July Term A D 1833
Saint Louis County Ralph, otherwise Ralph Gordon , a free,
man of colour by Bird his attorney complains of Robert ,
Duncan & James Duncan of a plea of Tresspass,[?]
& Battery & false impresenment for that heretofor
to wit, on the seventeenth day of april in the year of
grace eighteen hundred & thirty one at St Louis in said
County the said Defendant [illegible] the force, & arms an assault,
make upon the body of him the said plaintiff [illegible]
and him the [illegible] plaintiff did then & there be at [illegible] & ill treat & him
the said plaintiff did then & there imprison the said plaintiff without,
any reasonable or probably, cause whatsoever, & have
kept & detained the said plaintiff in prison there as
aforesaid without, any legal or just, cause from the
day last aforesaid By means of which greivances,[?] said
plaintiff has [illegible] from atending to his [illegible]
affares [illegible] a large sum of
money which he other wise, could & should have
[illegible] to [illegible] the sum of [illegible] hundred [illegible]
other wrongs to the said plaintiff then & there [illegible]
aginst the [illegible] & [illegible] of said state wherefore
plaintiff [illegible] he is [illegible] infured & hath sustained
Damage to five hundred Dollars & therefore [illegible] to

*[illegible]*
> *Legal Function: Summons*

County of St Louis Ss The State of Missouri To the sherrif,[?] of the county of Saint Louis Greeting
We Command you to Summon Robert Duncan & James
Duncan that they 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 Saint Louis on the fourth monday
of july instant then and there to answer unto Ralph , otherwise Ralph ,
Gordon , a free man of color of a plea of tresspass,[?] assault Battery
& false improsonment to the damage of the said plaintiff of five hundred
dollars and have you then there this writ

*Witness Archibald gamble clerk of oursaid
Circuit Court at office this fifth day of july
one thousand eight hundred and thirty three Archibald gamble Clerk*

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**Page 2** (7083_002.jpg)
> *Legal Function: Certificate of Filing*

No 99
Saint Louis Circuit Court
July Term 1833
Ralph otherwise Ralph Gordon ,
vs Robert , Duncan & James Duncan
[illegible] in tresspass,[?]
Battery & false improsement
Damages $ 500 the clerk
[illegible] pleas [illegible] a [illegible]

*Filed 5th July 1833, atty Filed 5th July 1833
Archibald gamble clerk*
> *Legal Function: Certificate of Service*

Served this writ on Robert Duncan
on the 5th day of July 1833 by
reading it & the declaration to him
in the City St Louis James Duncan
not found in my county 6th july
1833

*John K Walker [illegible] by [illegible] Dlff*
|   |   |
|---|---|
| [illegible] | $ 100 |
| [illegible] | 50 |
| | $ 1.50 |

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**Page 3** (7083_003.jpg)
> *Legal Function: Answer*

Ralph ,
vs
Rob, Duncan infaith Jas Duncan,
And the said Robert Duncan comes,
defends, the force [illegible] when [illegible] and says that
he is not gulty of the wrongs & greivances,[?] above said to his
charge, in manner form as the plaintiff has
above complained against him, and of this he
puts himself upon the County.

*[illegible] Bates*
And for a further plea in this behalf the
said defendant says that the said plaintiff ought
not to maintain his aforesaid action because,
he says that at the time of the commencement
of this writ the said plaintiff was & still is a
to writ at the county aforesaid and this he is ready
to verify where for he prays judgement [illegible]

*[illegible] & Bates Filed july 29th 1833 Ag Clk,*

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**Page 4** (7083_004.jpg)
> *Legal Function: Certificate of Filing*

No 99
July term 1833
Ralph ,
vs
Robert , Duncan [illegible]
[illegible]
1 not guilty,
2 plff a slave

*Filed July 29th 1833 A Gamble clk*

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**Page 5** (7083_005.jpg)
> *Legal Function: Answer*

Ralph a man of color
vs
Robert Duncan [illegible]
the the James Duncan
and the said plaintiff by EA Bud,
his attorney comes and says, that he ought
not to be barred, or precluded from having
or maintaining, his said action against
said defendant by reason of any thing
by the defendant in his second plea alledged
because he says that he was not at the commencement of said, suit a slave
as an said plea alleged & of this he puts
himself upon the County

*EA Bud, plff atty filed August 31st 1833 A gamble clk*

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**Page 6** (7083_006.jpg)
sub-[illegible] verdict & judgment- Book 7 - 201
appeal 210
Fee bill 85
> *Legal Function: Certificate of Filing*

No 99
July Term 1833
Ralph
vs
Robert Duncan
impleaded to
Replication, to
Defts 2nd plea

*Bud plffs, atty filed August 31st
1833 A gamble clk*

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**Page 7** (7083_007.jpg)
> *Legal Function: Summons*

County of St. Louis , sct . State of Missouri , To the Sheriff of St. Louis County- Greeting.
You are hereby commanded to summon David Lawrence James
Duncan John Warfield John Bobb
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 fourteenth 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 Rolph alias Rolph Gordon , is plaintiff and
Robert Duncan impe,[?] defendant on the
part of Plaintiff and have you then there this writ.

*Witness, Archibald Gamble , Clerk of our said Circuit Court , at the
City of St. Louis , this ninth day of April
in the year of our Lord one thousand eight hundred and thirty four A Gamble Clerk C. C.*

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**Page 8** (7083_008.jpg)
[illegible]
Ralph
vs
Robert Duncan
for

*David Lawrence [illegible]
James Duncan [illegible]
John Warfeild John Bob [illegible]
14th April for
Plaintiff*
> *Legal Function: Certificate of Execution*

Executed this writ on David Lawrence
& John Bobb 9th on James Duncan 10th
in the county of St Louis April 1834 John
Warfield not found

*John K Walker Shff By Isaac Stones DP*
|   |   |
|---|---|
| Service | $ 1.50 |
| 1 [illegible] | 12 1/2 |
| | $ 1.62 1/2 |

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**Page 9** (7083_009.jpg)
> *Legal Function: Summons*

County of St. Louis , sct . State of Missouri , To the Sheriff of St. Louis County-Greeting.
You are hereby commanded to summon John Warfield , &
Calvin, Francis
that setting aside all manner of excuse and delay, they be and appear in proper person
before the Judge of our Circuit Court ,[illegible] forthwith, 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 Ralph plaintiff and
Robert Duncan 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 21st day of April
in the year of our Lord one thousand eight hundred and thirty four
A Gamble Clerk C. C.*

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**Page 10** (7083_010.jpg)
[illegible]
Ralph
vs
Rob Duncan
for
[illegible]

*Jno Warfield, Calvin Francis, forthwith,
for plaintiff*
> *Legal Function: Certficate of Execution*

Executed this writ on Calvin, Francis
in the city of S Louis April 23rd 1834 John
Jon Warfield, not found in my county

*John K Walker , Shff by Isaac Stones, D P*
|   |   |
|---|---|
| Service | 50 |
| [illegible] | 12 [illegible] |
| | [illegible] 62 [illegible] |

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**Page 11** (7083_011.jpg)
> *Legal Function: Order*

County Of St. Louis , Sct. State of Missouri , To the Sheriff of St. Louis County,
Greeting.
We Command you to attach John Bobb ,
by his body and him safely keep, so that you have his body before
the Judge of our Circuit Court , now in session at the city of St. Louis , within and for the County of St. Louis ,
forthwith, 183 then and there to testify and the truth to say in a
certain matter of controversy, now pending in our said Circuit Court , between Ralph ,
is plaintiff and Robert Duncan is
defendant wherein the said [illegible] Bobb, has
heretofore been summoned on the part of the said plaintiff

*Witness Archibald Gamble , clerk of our said Circuit Court , at
the City of St Louis , this 24th day of April
in the year of our Lord, one thousand eight hundred and thirty four A gamble Clerk, C. C.*
34
20
74
18 3/4
92 3/4

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**Page 12** (7083_012.jpg)
Jod Belts,,[?]
Jacob Hawkins,
Jos T Levis,
[illegible]
JD Harvil,[?]
Henry G Stone
David Kyle,
Paul J Lavish,
[illegible]
> *Legal Function: Certificate of Execution*

Ralph ,
vs
Robert Duncan
for
for Jno Bobb,
attachment
Witness,
in suit
Excuted this writ & have the body
of John Bobb in open court

*John K Walker Shff [illegible] $ 100*

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**Page 13** (7083_013.jpg)
> *Legal Function: Summons*

County of St. Louis , sct . State of Missouri , To the Sheriff of St. Louis County-Greeting.
You are hereby commanded to summon John McGovern,
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 twenty eighth 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 Ralph is plaintiff and
Robert Duncan 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 26th day of April
in the year of our Lord one thousand eight hundred and thirty four A Gamble Clerk C. C.*

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**Page 14** (7083_014.jpg)
> *Legal Function: Certificate of Filing*

[illegible]
Ralph
vs
Robert Duncan
for
Jn. McGovern,
28th April for
Defendant
> *Legal Function: Certificate of Execution*

Executed this writ on John McGovern,
in the city of St Louis on the 26th day
of April 1834

*John K Walker , Shff service, 50 cts,*

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**Page 15** (7083_015.jpg)
> *Legal Function: Summons*

County of St. Louis , sct . State of Missouri , To the Sheriff of St. Louis County- Greeting.
You are hereby commanded to summon Sally Duncan
John [illegible] & Joseph [illegible]
that setting aside all manner of excuse and delay, they be and appear in proper person
before the Judge of our Circuit Court , [illegible] forthwith 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 Ralph Gordon , is plaintiff and
Robert Duncan is defendant on the
part of Plaintiff 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 April
in the year of our Lord one thousand eight hundred and thirty four
A Gamble Clerk C. C.*

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**Page 16** (7083_016.jpg)
> *Legal Function: Certificate of Filing*

[illegible]
Ralph Gordon ,
vs
Robert Duncan
for

*Sally Adams [illegible]
Jno Mc McGovern, [illegible]
Joseph Neil [illegible]
forthwith
for Plf*
> *Legal Function: Certificate of Service*

Served this writ on all the within
named persons 28th April 1834

*Jno K Walker
[illegible] By [illegible]
[illegible] [illegible] $ 1.50*

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**Page 17** (7083_017.jpg)
> *Legal Function: Opinion*

Ralph alias,
Ralph Gordon ,
vs
Robert Duncan
april 28th
and now come the partus aforesaid, by
their respective attorneys & neither party
requring a jury the cause is submitted to the court to
find the facts & determine the law ordering there [illegible]
and the court after, hearing, the discussion, finds
the facts to him as follows - That in may A D 1830
the plaintiff under the statute brought this suit for
freedom against [illegible] Duncan That by the
order of this court the plaintiff was hired out
during the [illegible] of said suit untill some,
time in April 1831 [illegible] on motion of said
Coloman Duncan in that suit [illegible] the court made the order of which the
following is a copy here copy the order upon the
sheriff requring him to deliver, the plaintiff to James
or Colman Duncan [illegible]
[illegible]
[illegible]The court finds that said James
and, the said Robert Duncan as his security did in
april 1831 enter into a [illegible] agreeably to the
order of said court & that there upon said
sheriff did deliver, said Ralph into the possession, of said
James Duncan & that in april or may 1831 said
James delivered said Ralph to said Robert Duncan ,
The court finds that said Robert Duncan kept
& detained said Ralph [illegible]
as the slave of said Colman Duncan until
march or april [illegible] 1832 and that the [illegible] of said
Ralph [illegible] this kept were [illegible] the the
sum of one hundred dollars
The court finds that in the spring of 1832 said
Robert Duncan hired out said Ralph to [illegible]
David Lawrence , as the slave of said Colman Duncan
that said Ralph worked with, said Lawrence,
at seventy five cents, per day untill his wages
amounted to fifty Dollars which sum was paid,
to said Robert Duncan for the hire of said
Ralph the court finds that in the suit [illegible] by
said Ralph against said Coloman Duncan as
aforesaid Judgment was rendered by said court

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**Page 18** (7083_018.jpg)
at the November, term thereof A D 1833 that said Ralph
was a free person, & that he be liberated, from the
said Colman Duncan & all person claiming by
through or under him. These facts in the opinion, of the
court are not sufficient to [illegible] the plaintiff to have,
& maintain his suit and from then the court
finds that the defendant is not guilty, in manner
& form as the plaintiff has in his declaration
alleged. Therefore it is considered
Ralph Gordon ,
vs
Robert Duncan
special [illegible]

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**Page 19** (7083_019.jpg)
> *Legal Function: Affidavit for Appeal*

Ralph Gordon
vs
Robert Duncan
return of tresspass,[?] to [illegible] St Louis Circuit
Court .
[illegible] A [illegible] on behalf of the said plaintiff
says he has prayed, an appeal, from the Judgment
of the Circuit Court , in said cause to the Supreme
Court that this application for an appeal is not,
made for the purpose of [illegible] or delay
but, because the applicant verily believes, said plaintiff
is agreived by the Judgment aforesaid from [illegible]
he has prayed said, appeal

*G A [illegible] Sworn to in open
Court May 5th 1834 A Gamble Clerk*

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**Page 20** (7083_020.jpg)
> *Legal Function: Certificate of Filing*

Ralph Gordon
vs
Robert Duncan
applicant for
appeal filed
May 5th 1834

*A Gamble Clk*
[illegible] - 7 - 210

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