James Henry v. William Walker
Item
James Henry V. William Walker. 1834, St. Louis Circuit Court Historical Records Project, accessed October 8, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60807
- Case Title
- James Henry v. William Walker
- Series
- Freedom Suits
- Plaintiff
- Henry, James
- Defendant
- Walker, William
- Date Filed
- 1834-11-04
- Next Friend
- Spalding, Josiah
- Filing Date
- 1834-11-04
- Plaintiff’s Attorney
- Spalding, Josiah
- Court Name
- St. Louis Circuit Court
- Court Term
- 1834-11
- Judge
- Lawless, Luke E.
- Clerk
- Gamble, Archibald
- Sheriff
- Brotherton, James
- Brotherton, Marshall
- Hammond, George
- Sworn Declarant
- Langham, Elias T.
- Ortley, Frederick D.
- Cause of Action
- Trespass
- Case Notes
- Plaintiff, mulatto boy & son of Rachel, sued by next friend Josiah Spalding; born at Prairie du Chien, Michigan Territory (now Wisconsin) while owned by T. B. W. Stockton; sought $200 damages.
- Case Number
- 83
- Related Court Case Number
- 6875
- Related Project ID
- ccr1834.06875.024
- Identifier
- ccr1834.06876.008
- Source
- Missouri State Archives - St. Louis
- Rights
- Public Domain
- PDF Download
- Download PDF of all images
- Transcription
-
**James Henry v. William Walker**
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**Page 1** (6876_001.jpg)
> *Legal Function: Plaintiff's Complaint*
St. Louis Circuit Court For November Term 1834 County of St. Louis Ss:
James Henry a mulatto
boy permitted to sue as a poor person by J Spalding
his next friend complains of William Walker of a plea of tres-
pass. For that the said defendant Walker
heretofore to wit on the first day of october in the
year of our Lord one thousand eight hundred
and thirty four at said County with force
and arms &c. assaulted the said plaintiff, & him
then and there did beat bruise & ill treat &
then and there imprisoned him said plaintiff
& kept and detained him in prison there for a
long time without any reasonable or probable
cause, to wit hitherto contrary to law & against
the will of the plaintiff and said plaintiff
avers that before and at the time of the com-
mitting the grievances aforesaid, he was and
still is a free person, & that the defendant
then held and detained him and still holds
& detains him in slavery, and other wrongs
to said plaintiff there and there did con-
trary to law and against the peace & dig-
nity of the State of Missouri . To the dam-
age of said plaintiff of two hundred dol-
lars & therefore he brings his suit
*J. Spalding*
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**Page 2** (6876_002.jpg)
> *Legal Function: Order*
In Vacation
at Chambers
County of St Louis
On reading the foregoing petition & affidavit & being of opinion that
said petition contains sufficient matter to authorize the commencement of suits
for freedom on behalf of said Rachael & her child James Henry I hereby
Order that they be permitted to sue as poor persons to establish their freedom
& assign as their counsel Josiah Spalding Esqr and I furthermore order
that said petitioner & child have reasonable liberty to attend their counsel
and the court when occasion may require & that said Rachel & James Henry
shall not nor shall either of them be taken or removed our of the jurisdiction
of the St St. Louis Circuit Court nor be subject to any severity because of their applica
-tion for freedom —
*St Louis November 4th 1834 L E Lawless Judge 3rd Judl. Circuit A true copy of the order A Gamble Clerk*
> *Legal Function: Summons*
County of Saint Louis Ss;
The State of Missouri To the Sheriff of the County of Saint Louis
Greeting
We command you to summon William Walker that he be
and appear before the Judge of our circuit court at the next November 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 instant then and there to answer
unto James Henry a mulatto boy permitted to sue as a poor person by J Spalding his next friend of a plea
of trespass to the damages of the said plaintiff of two Hundred Dollars
and have you then there this writ
*Witness Archibald Gamble Clerk of our said
Circuit Court at office this twenty second fourth
day of November one thousand eight
hundred and thirty four Archibald Gamble Clerk*
> *Legal Function: Caption*
No 83 November Term 1834
St. Louis Circuit Court
James Henry
vs
William Walker
[illegible]
Trespass
Issue Summons
*J. Spalding
atty Filed 4th November 1834 Archibald Gamble Clerk*
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**Page 3** (6876_003.jpg)
> *Legal Function: Defendant's Plea of Not Guilty*
James Henry a boy
of color
vs
William Walker
And the said defendant Walker by
Gamble his attorney comes and defends the force and
injury when [illegible] and says that he is not guilty of
the said supposed wrongs and injuries 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
*H R Gamble
for Dft[?]*
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**Page 4** (6876_004.jpg)
> *Legal Function: Caption*
No 83 Saint Louis Circuit Court
November Term 1834
James Henry
vs
William Walker
> *Legal Function: Certificate of Execution*
Excuted this writ by reading it & the declaration
together with the copy of the order made by the
Judge of the Circuit Court to William Walker
the defendant in the county of St Louis on the
4th day of November 1834
*J Brotherton Sheriff
by M Brotherton Dept Shff Service $ 1.00*
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**Page 5** (6876_005.jpg)
> *Legal Function: Subpoena of Elias T. Langham and Frederick D. Ortley*
County of St. Louis , sct.
State of Missouri , To the Sheriff of St. Louis County—Greeting.
You are hereby commanded to summon
Elias T Langham & Frederick D. Ortley
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 twentythird 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 James Henry is
plaintiff and William Walker is
defendant on the part of the
Plaintiff and have you then and there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court , at the
City of St. Louis , this 29th day of February
in the year of our Lord one thousand eight hundred and thirty six Jn .[?] Ruland Clerk, C. C.*
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**Page 6** (6876_006.jpg)
> *Legal Function: Certificate of Execution*
Executed this writ by reading it to the
within named persons on the 4th day of March
1836 in the county of St Louis
*Service 1.00 J Brotherton Shff
by G Hammond Depty*
March Term 1836
James Henry
vs.
Wm Walker
Sub for Plff
*Elias T. Langham
Frederic D. Ortley 23rd March 1836.*
---
**Page 7** (6876_007.jpg)
> *Legal Function: Bill of Exceptions*
James Henry
vs
William Walker
St. Louis Circuit Court
Be it remembered that on the
trial of this cause Elias T. Langham was called as
a witness on the behalf of the plaintiff who testified
that in the fall of the year 1830 he the wit-
ness then residing at or near the month of the St .
Peters came to St. Louis and that one T. B. W.
Stockton then sent by witness to Major Brant of
St. Louis to purchase a slave that one Rachel
the mother of the plaintiff was purchased for said
Stockton & was by the witness taken up to him
to Fort Snelling &c. (copying the Bill of exceptions
in case of Rachel vs Walker throughout the statement
of the testimony). then proved as follows)
and it was further proved that the plaintiff
James Henry is the same child, that was
born of said Rachel at Prairie du Chien , while
She was held as a slave by said Stockton , as
Stated in said Stockton's letter.
No other testimony was given on either side
The plaintiff then by his counsel asked the court
to decide the law governing the case to be
that if said plaintiff the court should be of
opinion from the evidence, that the plain-
tiff was born of said Rachel at Praise du-
Chien , while She was held there as a slave
by said Stockton , that then he is entitled to
his freedom: which decision & opinion the court
refused to give: but decided that the said James
Henry was not freed thereby: to which opinion
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**Page 8** (6876_008.jpg)
of the court declaring the law governing the
case, the plaintiff by his counsel excepted
and afterwards within the time allowed by
law the plaintiff moved the court to set aside
the finding of the court in this case &
grant a new trial for the reason in
writing filed that the said finding was against law &
against evidence, which motion was by the
court overruled, to which opinion of the
court overruling said motion the plaintiff
by his counsel excepted & prays the court
to sign & seal this his bill of exceptions
which is done accordingly
*L E Lawless*
> *Legal Function: Caption*
No 83 November Term 1834
James Henry
vs
Walker
Bill of exceptions
*Filed April 5th 1836 John Ruland Clerk*
> *Legal Function: Court Record Reference*
Remanded from supreme Court
submission & judgment for plaintiff - Book 8 page 164
James Henry V. William Walker. 1834, St. Louis Circuit Court Historical Records Project, accessed October 8, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60807