Daniel Wilson v. Edmund Melvin

Item

Daniel Wilson V. Edmund Melvin. 1836, St. Louis Circuit Court Historical Records Project, accessed October 2, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60804

Full Text: See images and transcription side by side
Case Title: Daniel Wilson v. Edmund Melvin
Series: Freedom Suits
Plaintiff: Wilson, Daniel
Defendant: Melvin, Edmund
Date Filed: 1836-08-06
Filing Date: 1836-08-06
Plaintiff’s Attorney: Sproat, Harris L.
Defendant’s Attorney: Spalding, Josiah
Court Name: St. Louis Circuit Court
Court Term: 1836-07
Judge: Walsh, Patrick K.
Clerk: Ruland, John
Cause of Action: Trespass; Assault; Battery; False Imprisonment
Case Notes: Daniel Wilson, slave of Edmund Melvin, hired out in Illinois, while Melvin & family passed through to Missouri; Supreme Court of Missouri held that lower court instructed the jury improperly and ordered a new trial.
Related Court Case Number: 13
Related Project ID: ccr1835.27078.002; Wilson v. Melvin, 4 Mo. 592 (Mo. 1837).
Identifier: ccr1834.06726.016
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **Daniel Wilson v. Edmund Melvin**

---

**Page 1** (6726_001.jpg)
> *Legal Function: Statement of Facts*

State of Missouri
St Louis County ss

William O Briant being sworn
says that he is acquainted with Daniel a
Black man claimed as the slave of
Edmund Mellville the this affiant knows
that said Mellville the kept said Daniel
same time as his slave in Illinois State
Said Daniel was there as mar as i can
recollect in the spring about three weeks
and afterwards in the summer about
a fortnight during which time said
Daniel was principally employed at work
for said Melville & was occasionally
hired to labor for a third in Illinois this
affiant knows that Daniel was hired
by said Mellville to labor there to George
Bridges harvesting to Whutham O Briant
making shoes and to [William Engles?] making
shoes the time whose referred to are last
spring of summer & said Daniel I
have this day seen in St Louis

*William Briant*

Sworn to and subscribed
before me this 14th day of
November A D 1834
Patrick Walsh
Justice of the peace

---

**Page 2** (6726_002.jpg)
> *Legal Function: Petition of Daniel Wilson for Leave to Sue as Poor Person for Freedom*

To the circuit court of St Louis county
& state of Missouri

Daniel Wilson a man of color
by your petitioner states that he is now held
in slavery at St Louis in the state aforesaid
by Edmund Mellville [uncler -tent] your
petitioner states that he is entitled to his
freedom. The grievances of your petitioners
freedom are as follows in March AD 1834
said Mellville settled permanently in the state
of Illinois at which place he kept your
petitioner with him as a slave putting him
to labor there & hiring him out for wages
for about a fortnight at a place near
Lebanon - your petitioner was then
sent to Missouri . and again in
July last your petitioner was ordered
back to the state of Illinois where he
was again hired out in that state for
wages by said Mellvin & kept there at
labor for about a fortnight when he
was again sent to Missouri
your petitioner for the reasons aforesaid
prays that he may be permitted to institute
suit as a poor person to establish his
freedom that counsel may be assigned
to him & that such orders may be
made in his liberty as his case & the
law requires

*Daniel Wilson his X mark*

> *Legal Function: Notarization*

Said petitioner Daniel on his oath says that
the facts in the above petition stated are
true

Sworn and subscribed to before me this
31st day of March 1835
Patrick Walsh
justice of the peace

---

**Page 3** (6726_003.jpg)
> *Legal Function: Petition of Daniel Wilson*

St. Louis Circuit Court - March term 1835 - Thursday 2nd April 1835

Harris L Sproat Esquire presents to the court the petition of Daniel Wilson a man of color praying
that he may be permitted to institute suit against Edmund Mellvin to establish his right to freedom
and that he may be permitted to sue as a poor person thereupon the court permit the said Daniel
Wilson to sue as aforesaid and direct that an action of assault and battery and false imprisonment be
commenced against the said Edmund Mellvin in the name of the said Daniel Wilson and assign said Harris L Sproat as his counsel and it is ordered by the court that the said Edmund Mellvin permit the
said Daniel Wilson to have a reasonable liberty of attending his counsel and the court, when occasion
may require it and that the said Daniel Wilson shall not be taken or removed out of the Jurisdiction
of this court and that he shall not be subject to any severity of treatment on account of his said
application for freedom

A True copy of the order of the court
Archibald Gamble Clerk

> *Legal Function: caption*

No 10
July Term 1835
Danl Wilson
vs
Edmund Wilson

Petition of
Daniel Wilson
filed April 2nd 1830 A
Gamble clk

Entered Book 7 page 351

---

**Page 4** (6726_004.jpg)
> *Legal Function: Petition for Damages*

State of Missouri Circuit court third judicial district
July term 1835
St Louis
County ss

Daniel Wilson a man of colour by Harris L Sproat his attorney
complains of Edmond Mellvin senior of a plea of trespass
assault and battery and false imprisonment for that heretofore
to writ on the first day of April eighteen hundred and thirty four
the said defendant with force and arms an assault did make
upon him the said plaintiff and him the said plaintiff did
then and there beat wound and illtreat and unlawfully imprison
and hath kept and detained him in prison there from the
day last aforesaid to this day contrary to the form of the statute
in such case made and provided against the peace and dignity
of said state and the plaintiff avers that before and
at the time of committing the said several grievances he
was and still is a free person and that the Defendant
held and detained and still does hold and detain the
plaintiff in slavery
Wherefore the plaintiff says he is greatly injured
and hath sustained damages to five hundred dollars
and therefore he sues

*Harris L Sproat Atty for plaintiff*
County of Saint Louis ss

> *Legal Function: Summons for Plaintiff*

The State of Missouri
To the Sheriff of the County of Saint Louis
Greeting.
We command you to summon Edmond Mellvin 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 July next then and there to answer unto
Daniel Wilson a man of color of a plea of trespass, assault and battery and false imprisonment
wherefore the said plaintiff says he is injured and hath sustained damages to five hundred dollars
and have you then there this writ

Witness Archibald Gamble Clerk of our said Circuit Court
at office this third day of April in the year of our Lord
one thousand Eight Hundred and thirty five
Archibald Gamble Clerk

---

**Page 5** (6726_005.jpg)
> *Legal Function: Certificate of Execution of Writ of Freedom*

Executed this writ by reading it and the declaration
affidavit and order of the Count to Edmund
Melvin on the 3rd day of April 1835 in the
County of St Louis

J Brotherton shff
by M Brotherton D shff
Service 1. 00*

> *Legal Function: Caption*

No 10.
Saint Louis Circuit Court
July term 1835
Daniel Wilson
vs
Edmund Melvin

This is a suit for freedom
under the Statute

Damages \$300

The clerk will
please issue the process required
guided by law

Harris L Sproat
Atty for Plff

Filed 3rd april 1835
Archibald Gamble Clerk
Executed 3 April

---

**Page 6** (6726_006.jpg)
> *Legal Function: Not Guilty Plea*

St. Louis Circuit court
July term 1835
Daniel Wilson
vs
Edmond Melvin
And the said, defendant by
J Fielding his attorney comes and defends the force and
injury when [illegible] says that he is not guilty of the [illegible] as the said supposed assault and trespass above laid to his
charge in name and form as the said plantiff
hath above thereof complained against him and of [illegible]
this he puts himself upon the county

*[illegible] J. Fielding
Atty for Deft*

---

**Page 7** (6726_007.jpg)
> *Legal Function: Not Guilty Plea*

No10 July term 1835
St. Louis Circuit Court
Daniel Wilson (colored man)
vs
Edmond Melvin
plea
not guilty

*J Fielding Atty filed july 14th 1855 [illegible] A Gamble Clk*

---

**Page 8** (6726_008.jpg)
> *Legal Function: Motion for New Trial*

Circuit Court July Term
A. D. 1836
Daniel Wilson
man of color
vs
Edmund Melvin
And the said
plaintiff in this entitled
and [illegible] for a [illegible]
1.[illegible] the [illegible] on the [illegible] a [illegible]
2.[illegible] the [illegible]
3.[illegible]
to [illegible] the [illegible] an In [illegible]
that [illegible] to [illegible]
4.[illegible]
5.[illegible]
the [illegible] the [illegible]

*[illegible] [illegible]*

---

**Page 9** (6726_009.jpg)
> *Legal Function: Motion for New Trial*

To the Circuit Court
July term A. D. 1836
Danl. Wilson
man of colour
vs
Edmond Melvins
Suit for freedom
reason for new trial

*[illegible] filed 6th Aug 1836 John Ruland*

---

**Page 10** (6726_010.jpg)
> *Legal Function: Affidavit*

Daniel Wilson a
man of colour
vs
Edmund Mellvin
Suit for freedom in St Louis
circuit court
The above named Daniel prays an appeal from the
judgement of said court to the Supreme Court
and he declares on his oath that his said appeal
is not made of visitation or delay but be cause
he verily believes that he is aggrieved by the judgement
of said circuit court.

*Daniel his Wilson X mark Sworn to & subscribed in open court
August 15th 1836 John Ruland clk*

---

**Page 11** (6726_011.jpg)
> *Legal Function: Affidavit for an Appeal*

Daniel Wilson
vs
Edmund Mellvin
Affidavit for an appeal

*Filed 15 Aug: 1836 John Ruland clk*

---

**Page 12** (6726_012.jpg)
> *Legal Function: Jury Verdict*

Verdict of jury in case of [illegible] Millrith
> *Legal Function: Jury Verdict, part 2*

We the jury find the
defendant not guilty

*Jn.[?] Charles
freeman [illegible]*

---

**Page 13** (6726_013.jpg)
> *Legal Function: Bill of Exceptions*

Daniel Wilson
vs
Edmund Melvin
Bill of exceptions

*Filed 24Aug: 1836 John Ruland Clerk*

---

**Page 14** (6726_014.jpg)
> *Legal Function: Bill of Exceptions*

Daniel Wilson
man of colour
vs
Edmund Melvin
Circuit court- July term
A D. 1836
Suit for freedom
Be it remembered that is the trial of the
above entitled case before said court, a jury
[illegible] by sworn and [illegible]
the proceeding accquisitions were read[?] [illegible] [illegible]
on the part of the plaintiff (here the clerk said [illegible]
defendant said depositions [illegible] are exceptions and cer-
tificates) s. certain John [illegible] was
then called in the part of the plaintiff, who
being sworm, testified as follows that he
said [illegible]
that [illegible] had charge of said Melvin's
children, that said Melvin being in [illegible]
for the value of or charge for the schooling of
of
said children, He said Atchinson [illegible]
send out [illegible]and attached the proper-
ty of said Melvin to wit his horses & wagon; sold Atchinson [illegible]
stated that said Melvin brought corn
to St. Louis which he said he had raised
on his farm in the state of Illinois; and
fur there that said Daniel was about
some time - about a month he believes
in the summer of 1834 [illegible] in the state
of Illinois
. The said plff having here
[illegible] indeed his testimony, the said Deft
read in evidence the proceeding acquistions
(clerk will have in suit said deposition
[illegible] the above
is all the evidence
that was laid before
the jury. The judge of said court then

---

**Page 15** (6726_015.jpg)
instructed the jury as follows (Clerk
will release him in [illegible] the instructions)
[illegible]
After verdict in this case the plff [illegible]
enteredhis motion and plea his reasons
for a new trial in the following words
(clerk will have in sent the motion and reasons
for new trial). The said court rendered
said motion for new trial and to
the decision of the court members said
motion, said plff excepts [illegible]; which
exceptions is [illegible] filed and sealed
and made part of the [illegible]in this
case.

*[illegible]*

---

**Page 16** (6726_016.jpg)
> *Legal Function: Bill of Exceptions*

1. If the jury shall be of opinion that the defendant
hired out the plff as his slave residing in Illinois they shall
find for plaintiff.
2 If they shall be of opinion that the [illegible] a [illegible] of the that of
[illegible] the plaintiff defendant
being a domiciliate resident of the state of
Illinois used the plaintiff as his slave therein
the state find for plff.
3 If the state find that the plaintiff voluntarily
went to the state of Illinois his habitual
place of residence being in the state of Missouri and
did as a [illegible] the [illegible], [illegible] of that [illegible] the [illegible] a [illegible] of [illegible].
4 If the jury shall be of opinion that the defendant
in his only a [illegible] the [illegible] that state and [illegible] of [illegible] the [illegible] though [illegible]
such sojourn he used the plaintiff as his
slave.

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

Daniel Wilson V. Edmund Melvin. 1836, St. Louis Circuit Court Historical Records Project, accessed October 2, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60804