Nelson Kerr, a man of color v. Matthew Kerr
Item
Nelson Kerr, a Man of Color V. Matthew Kerr. 1834, St. Louis Circuit Court Historical Records Project, accessed October 8, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60800
- Case Title
- Nelson Kerr, a man of color v. Matthew Kerr
- Series
- Freedom Suits
- Plaintiff
- Kerr, Nelson
- Defendant
- Kerr, Matthew
- Date Filed
- 1834-07-10
- Filing Date
- 1834-07-10
- Plaintiff’s Attorney
- Bird, Gustavus A.
- Defendant’s Attorney
- Gamble, Hamilton Rowan
- Court Name
- St. Louis Circuit Court
- Court Term
- 1834-07
- Judge
- Lawless, Luke E.
- Clerk
- Gamble, Archibald
- Justice of the Peace
- Walsh, Patrick K.
- Sheriff
- Walker, John K.
- Cause of Action
- Trespass
- Assault
- Battery
- False Imprisonment
- Case Notes
- Plaintiff, claimed by defendant, hired to a Mr. Adams in Illinois who gave wages to defendant; sought $500 in damages.
- Case Number
- 104
- Identifier
- ccr1834.06720.007
- Source
- Missouri State Archives - St. Louis
- Rights
- Public Domain
- PDF Download
- Download PDF of all images
- Transcription
-
**Nelson Kerr, a man of color v. Matthew Kerr**
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**Page 1** (6720_001.jpg)
> *Legal Function: Petition to Sue in Forma Pauperis*
Nelson Kerr his
Petition to sue for
freedom & the order of Luke E Lawless Judge to authorizing suit [illegible]
> *Legal Function: Cover Page*
No 104
St St. Louis Circuit Court July Term 1834
Nelson Kerr
vs
Matthew Kerr
---
**Page 2** (6720_002.jpg)
> *Legal Function: Petition to Sue in Forma Pauperis*
To the Honorable Luke E Lawlesss Judge[?] of the
Third Judicial Circuit of the state of Missouri
Your Petitioner Nelson Kerr a free man of
color represents to your Honor that he is justly entitled to his freedom but that he is now
held & detained
in Slavery by Matthew Kerr in the County of St. Louis and State of Missouri
and is claimed by said Matthew as his
slave. Your petitioner states that during
the months of September, October, November, & December in the year 1833 & in January & February
1834 while your petitioner was claimed by said
Matthew as his slave your petitioner was
hired to labor to Labor [illegible] the State of Illinois
by said Matthew with one Mr Adams & that said Matthew has settled with
[illegible] [illegible] from said Mr. Adams the pay for
the [illegible] of your petition rendered in
the State of Illinois as aforsaid
your petitioner therefore prays that he
may be permitted to sue as a poor
person to Establish his freedom, that
counsel may be assigned to him &[?]
such further & other order may be made in the premises as his &
the Law warrants
*Nelson his mark X Mark*
Nelson the above named petitioner on his oath says that the facts in the above petition
Stated are true & that he is able to prove them
*Sworn to and subscribed before me
this 23rd day of June A D 1834
Patrick Walsh Justice of
the peace St. Louis County
Nelson hisx mark Kerr*
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**Page 3** (6720_003.jpg)
> *Legal Function: Order Granting Petition to Sue in Forma Pauperis*
I Luke Lawless Judge of the Third Judicial Court of the State of Missouri do hereby order
that the within named petitioner Nelson Kerr be permitted to sue as a poor person to establish
his freedom and I do hereby assign Gustavus A
Bird as his counsel to commence & prosecute his suit
for freedom and I do further order that
said petition have reasonable liberty of
attending his counsel & the St St. Louis Circuit Court
when occasion may require and that said petitioner Shall not be taken or removed and out of
the jurisdiction nor be subjected to any severity of treatment because of his application for
freedom
*St louis July 3rd 1834 [illegible]*
---
**Page 4** (6720_004.jpg)
> *Legal Function: Complaint of Plaintiff Nelson Kerr*
State of Missouri Circuit Court Third Judicial Circuit
July Term A D 1834
St Louis County SS Nelson Kerr a man of color by Bird his attorney complains of Matthew Kerr of a plea of tresspass assault & battery & false imprisonment for[?] that heretofore, towit[?] on
the first day of September in the year of our
Lord eighteen hundred & thirty three at St Louis aforsaid the said defendant with[?]
force & arms an assault did make upon him
said plaintiff & him the said plaintiff did
then & there hurt bruise wound & ill treat
and the said defendant did then & there unlawfully imprison the said plaintiff & hath kept & detained him in prison there from
then untill[?] the commencement of this
suit & other wrongs to the said plaintiff
then &[?] there did against the peace & dignity of the state and the plaintiff
[illegible] that before & at the time of the
committing said [illegible] the
said plaintiff was and is now a free person
and the defendent held & detained & still[?]
holds & detains plaintiff in slavery wherefore plaintiff says his is greatly injured & hath sustained damages to five hundred dollars
therefore he sues to
*GA Bird atty
for Plff*
> *Legal Function: Summons of Defendant Matthew Kerr*
County of Saint Louis ss
the state of Missouri
To the Sheriff of the County of Saint Louis Greeting
We Command you to Summon Matthew Kerr that he be and
appear before the Judge of our Circuit Court at the next term thereof
to be held at hte City of Louis within and for the County of Saint
Louis on the fourth monday of July then and there to
answer unto Nelson Kerr a man of color of a plea of assault
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**Page 5** (6720_005.jpg)
and battery and false imprisonment wherefore plaintiff ways he is
greatly injured and hath sustained damages to five hundred dollars and
have you then there tjos writ
*Witness Archibald Gamble clerk of our said
Circuit Court at office this tenth day of July
one thousand eight hundred and thirty four
Archibald Gamble clerk*
> *Legal Function: Order Granting Petition to Sue in Forma Pauperis*
I Luke E Lawless Judge of the third Judicial Circuit of the state of Missouri do hereby
order that the written named petitioner Nelson Kerr be permitted to sue as a poor person to
establish his freedom and I do hereby assign Gustavus A Bird as his coundel to
commence &[?] prosecute his suit for freedom and I do further order that said petitioner
have reasonable liberty of attending his counsel & the St St. Louis Circuit Court when occassion
may require and that said petitioner shall not be taken or removed out of the jurisdiction
of the court not be subject to any severity of treatment because of his application for
Freedom
*LE Lawless
St. Louis July 3rd 1834
The above is a true copy of the order made by the Judge permitting the plaintiff to sue
Archibald Gamble clerk*
> *Legal Function: Certificate of Service*
Served this unit on Matthew Kerr by
reading it & the [illegible] to him or
the 11th day of July 1834 in the city
of S. Louis I also read to him at the
same time the above copy of the order
of the judge permitting him to [illegible]
*Fee $ 5.00
Jno K Walker*
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**Page 6** (6720_006.jpg)
> *Legal Function: Reply of Defendant Matthew Kerr*
Neler Kerr vs Matthew Kerr
And the said defendant by Gamble
his attorney [illegible] and defend the force and injury
when [illegible] and says he is not guilty of the [illegible]
paper above laid to his charge in manner
and form as the said plaintiff hath above thereof
complained against him and of this he puts
himself upon the county &
*Filed Augst 1834 A Gamble Clk HR Gamble atto for deft[?]*
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**Page 7** (6720_007.jpg)
> *Legal Function: Unknown*
discontinued book 7 page 275 Pltf
> *Legal Function: Certificate of Filing*
No 104
Saint Louis Circuit Court
July Term 1834
Nelson Kerr
vs
Matthew Kerr
This is a suit for
freedom in form tresspass
assault & battery & false
imprisonment damages
$ 500 plaintiff has
[illegible] to sue as a poor
person counsel has been
assigned to as the
petition & order here within
filed [illegible]. The clerk
and please issue a summons to
*GA Bird atty for Pltf
Filed10th July 1834
Archibald Gamble clerk*
Nelson Kerr, a Man of Color V. Matthew Kerr. 1834, St. Louis Circuit Court Historical Records Project, accessed October 8, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60800