Mary Ann, alias Julia, an infant of color, by and through her next friend, James Loper v. Robert Duncan

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Mary Ann, Alias Julia, an Infant of Color, by and through Her Next Friend, James Loper V. Robert Duncan. 1834, St. Louis Circuit Court Historical Records Project, accessed October 8, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60803

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Case Title: Mary Ann, alias Julia, an infant of color, by and through her next friend, James Loper v. Robert Duncan
Series: Freedom Suits
Plaintiff: Mary Ann, alias Julia
Defendant: Duncan, Robert
Date Filed: 1834-09-27
Next Friend: Loper, James
Filing Date: 1834-09-27
Plaintiff’s Attorney: Bird, Gustavus A.
Defendant’s Attorney: Sproat, Harris L.
Court Name: St. Louis Circuit Court
Court Term: 1834-11
Judge: Lawless, Luke E.
Clerk: Gamble, Archibald
Justice of the Peace: Primm, Wilson
Sheriff: Brotherton, J.; Hammond, George; Brotherton, Marshall
Cause of Action: Trespass; Assault; Battery; False Imprisonment
Case Notes: Plaintiff, alias Julia, sued by next friend James Lasser; mother born in Pennsylvania & indentured until age 28 to Mr. Page, Mr.Zumer & John L. Sutton, who sold her in Louisiana to defendant.
Case Number: 46
Identifier: ccr1834.06723.012
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **Mary Ann, alias Julia, an infant of color, by and through her next friend, James Loper v. Robert Duncan**

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**Page 1** (6723_001.jpg)
> *Legal Function: Certificate of Filing*

No.46 Saint Louis Circuit Court
November Term 1834
Mary Ann vs Robert Duncan
Petition order &c in suit for freedom

*Filed 27th September 1834
Archibald Gamble clerk*

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**Page 2** (6723_002.jpg)
> *Legal Function: Petition to Sue*

To the Honorable [illegible] & Judge of the Circuit court of the State of Missouri
Your petitioner Mary Ann an infant of colour
under twenty one years of age by James [illegible]
her next friend represents that she is now held in slavery by Robert Duncan in the city of St
Louis who claims your petitioner as his slave
your petitioner states that she was born free - your
petitioners mother was born in the State of Pennsylvania
and was in that State in that state indentured or bound to
serve until the age of twenty eight years -
according to the laws of that State to a Mr
Page Said Page sold the service of your petitioners
mother to one Jumer and said Jumer sold her
term of service to John L Sutton deceased
and your petitioner was born in St Louis & from
her birth has been claimed as the slave of said
Sutton & said Duncan under under him Sam where
about the year AD 1820 your petitioners mother was
herself & sold as a slave in the state of Louisiana
and the said John L Sutton when he caused
your petitioners mother to be run off off & sold as
aforesaid will know that your petitioners
mother & your petitioner were both entitled
to their freedom your petitioner prays she may be permitted to
sue as
a poor person to establish her freedom

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

James [illegible] on his oath days that he believes
that the facts on the above petition stated are
true

*James [illegible]
Sworn to and subscribed before me this
25th day of September A.D. 1834.
Wilson Primm J.P..*
I am writing to act as the next friend of
the above petitioner Mary Ann in her suit
for freedom

*James [illegible]*

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**Page 3** (6723_003.jpg)
> *Legal Function: Justice of the Peace's Ceritification*

State of Missouri St Louis County ss
James Laser on his oath says that he
is informed & believes that [illegible] the mother of the
within named Mary Ann was[illegible] forcibly taken
from St Louis to prevent her obtaining her freedom &
this affiant does verily believe that there is danger
that said Mary Ann may be removed by and the
jurisdiction of the St St. Louis Circuit Court in defiance
of any order that may be made by the judge of said court - unless [illegible] the judge of said
court shall require said [illegible] Mary Ann to
be brought before him by Habeas Corpus & take
such measures for the security of said Mary Ann
as the law in such case provides

*[illegible]
[illegible] to and [illegible] before me this 25th day of September 1834
[illegible]*
[illegible] of [illegible] that the [illegible] of [illegible] for the [illegible] to an [illegible] the
the [illegible] of a [illegible] for her freedom
I do [illegible] that the [illegible]
as a [illegible] person to [illegible] freedom [illegible] do
[illegible] A [illegible] as her [illegible] to [illegible] said [illegible]. and I [illegible] on [illegible] that
the [illegible]
to attend [illegible] the court [illegible]
may [illegible] and that the [illegible] shall act
he taken or [illegible] out [illegible] the [illegible] of
the St Louis [illegible], [illegible] to any
[illegible] of [illegible] of [illegible] for [illegible] an [illegible] my hand as
[illegible] of the [illegible] of the Stateof
[illegible] the 27th day of september [illegible] 1834

*[illegible]*

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**Page 4** (6723_004.jpg)
> *Legal Function: Cover Page*

Judgment by default & Judge of liberations[?] - Damages & [illegible] Book 7 - 373
[illegible]- 396
> *Legal Function: Summons and Certificate of Filing*

No 46 Saint Louis Circuit Court November Term 1834
Julia Mary Ann an infant of color
by James [illegible] her next
friend vs
Robert Duncan
This is a suit for
statute in the usual
form Damages \$500
The clerk will
please issue a summons
&c

*GA Bird atty for plff
Filed 27th September 1834
Archibald Gamble clerk*

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**Page 5** (6723_005.jpg)
> *Legal Function: Complaint of Plaintiff Mary Ann by Next Friend James Soper*

State of Missouri Circuit Court Third Judicial Circuit
November Term A D 1894
Saint Louis County Ss - Mary Ann alias Julia an infant of color by
James Loser her next friend complains of Robert
Duncan of a plea of trespass assault & battery &
false imprisonment for that heretofore to wit on
the first day of October in the year of [illegible] eighteen
hundred & twenty eight at St Louis in said county
the said defendant an assault did make upon
her the said Mary Ann alias Julia and her the said
Mary Ann alias Julia did then & there with force & arms
beat wound & ill treat, and her the said
Mary Ann alias Julia did then & there imprison without
any lawful or probable cause and her the
said Mary Ann alias Julia kept & detained in prison
there without any lawful cause for a long space
of time to wit from the said first day of [illegible] the year [illegible] aforesaid [illegible] up to the [illegible]-
[illegible] this [illegible] and [illegible] to the said
plaintiff then [illegible] there did against the [illegible] of [illegible] state and [illegible] plaintiff
[illegible] at the time of the [illegible] the
said [illegible] the [illegible]
plaintiff [illegible] in slavary wherefore the plaintiff
says she is greatly injured & hath sustained
damaged to five hundred dollars &
therefore she sues as aforesaid.

*GA Bird atty for plff*
County of Saint Louis ss. The State of Missouri To the Sheriff of the county of Saint Louis greeting
We command you to summon Robert Duncan 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 Saint Louis on the
fourth Monday of November next then and there to answer unto Mary Ann
an infant of color who sues by James Loser her next friend of a plea of trespass assault
and Battary and false imprisonment wherefore the plaintiff says she is

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**Page 6** (6723_006.jpg)
greatly injured and hath sustained damages to four Hundred dollars and have
you then there this writ

*Witness Archibald Gamble Clerk of our said
Circuit court at office this twenty seventh day
of September one thousand Eight Hundred
and thirty four Archibald Gamble Clerk*
Being of opinion that the petition of Mary Ann above let forth contains sufficient matter to authorize the commencement of a suit for her freedom. [illegible] hereby order that she be permitted [illegible] as a poor [illegible]
to establish her freedom and [illegible] as [illegible] to commence [illegible] cute said
suit - and further order that the petitioner Mary Ann havae reasonable liberty to attend her counsel & the
Court when occassion may require and that the petitioner shall not be taken removed out of the
jurisdiction of the St. Louis Circuit court, nor be subject to any severity of treatment because of her
application for freedom - sworn under my hand as Judge of the Third Judicial circuit of the state of
Missouri this 27th day of September A. D. 1834

*L.E . Lawless
I certify the above to a true copy of the order made in this case
Archibald Gamble clerk*
Executed this writ on Robert Duncan by
reading it & the declaration to him together
with the order made by the honorable
Judge L.E. [illegible] Judge of the third judicial
Circuit & delivered to the said Duncan
a writ of Habeas Corpus signed by
said Judge done in the county
of St Louis on the 27th day of September
1834

*J Brotherton shff
by G . Hammond Dept*
|   |   |
|---|---|
| [illegible] | 100 |
| Habeas Corpus | 50 |
| | \$1.50 |

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**Page 7** (6723_007.jpg)
> *Legal Function: Reply of Defendant Robert Duncan*

In The circuit court
[illegible]
vs
Robert Duncan
And the said
defendant by Harris L [illegible] his attorney
comes and defends the force and injury
when &c and says that he is not guilty
of the said supposed grievances trespasses
above laid to his charge or any or action
of them or any parts thereof in manners
and form as the said plff hath [illegible]
[illegible] and thereof complained against him
. And this he the said defendant puts
him self upon the county &c
And for a further plea in this
behalf the said defendant says that
the said plaintiff then
[illegible] this [illegible] Said
action thereof against him the said defendant
he asks and prays that the said
plaintiff is his slave. And of this he
the said defendant &c

*[illegible]*

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**Page 8** (6723_008.jpg)
> *Legal Function: Cover Page*

[illegible] 372
[illegible] 480
Judgement by default (in [illegible] [illegible]) -- Book 7 - 373
[illegible]--"-- 396
Verdict and judgt Book 7 page 436
Fee bill 194
> *Legal Function: Certificate of Filing*

No 46
Nov term 1834
Suit for freedom
Julia is a [illegible] a girl
by her next friend [illegible]
[illegible] vs
Robert Duncan
General

*filed july 13th 1835
H Gamble Clk*

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**Page 9** (6723_009.jpg)
> *Legal Function: Summons of Phineas Bartlett and Jabez Warner*

County of St. Louis , sct. State of Missouri , To the sheriff of St. Louis County-Greeting.
You are hereby commanded to summon Phineas Bartlett and Jabez Warner
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 Twenty Seventh day of July 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 siad Court, wherein Julia is plaintiff
and Robert Duncan is defendant on the part
of the plaintiff and have you then there this writ.

*Witness, Archibald Gamble , Clerk of our said Circut Court , at the City of St Louis , this twentieth day of July in
the year of our Lord one thousand eight hundred and thirty five
Archibald Gamble Clerk C. C.*

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**Page 10** (6723_010.jpg)
> *Legal Function: Cover Page*

July term 1835
Julia vs Robert Duncan
for piff

*x Phinias Bartlett 22[?]
x Jabez Warner 22[?]
on 27 July*
Executed this writ by Reading it to
the within named witnesses on the 22
day of july 1835 in the county of St Louis

*James Brotherton Shff
By M Brotherton Dept
Service \$1.00*

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**Page 11** (6723_011.jpg)
> *Legal Function: Summons of James Loper, Ann Woolford, and C.H.F. Kremilen*

County of St. Louis , sct. State of Missouri , To the Sheriff of St. Louis County-Greeting.
You are hereby commanded to summon James Loher
Ann Woolford & Ch F Kinlen
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 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 Mary Ann alias Julia
is plaintiff and Robert Duncan
is defendant on the part of
plaintiff and have you then and there this writ.

*Witness, Archibald Gamble , Clerk of our said Circuit Court , at the
City of St. Louis , this 27th day of July
in the year of our Lord one thousand eight hundred and thirty five
A Gamble Clerk, C. C.*

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**Page 12** (6723_012.jpg)
Executed this writ by reading it to James
Loher and C F [illegible] on the 27th and to
Ann Wolfard on the 28th day of July 1835
in the county of St. Louis

*James Brotherton shff
By M Brotherton D Shff
Service $ 1.50*
> *Legal Function: Cover Page*

Mary Ann vs Robert Duncan
for

*x James [illegible] 27[?]
x Ann Woolford 28
x Ch F [illegible] 27[?]
forthwith for
plaintiff*

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