Milly, a woman of color, v. James Duncan
Item
Milly, a Woman of Color, V. James Duncan. 1835, St. Louis Circuit Court Historical Records Project, accessed October 8, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60822
- Case Title
- Milly, a woman of color, v. James Duncan
- Series
- Freedom Suits
- Plaintiff
- Milly
- Defendant
- Duncan, James
- Date Filed
- 1835-10-08
- Filing Date
- 1835-10-08
- Plaintiff’s Attorney
- Gamble, Hamilton Rowan
- Polk, Trusten
- Court Name
- St. Louis Circuit Court
- Court Term
- 1835-11
- Judge
- Lawless, Luke E.
- Clerk
- Gamble, Archibald
- Justice of the Peace
- Ferguson, Peter
- Sheriff
- Brotherton, James
- Hammond, George
- Cause of Action
- Trespass
- Assault
- Battery
- Case Notes
- Milly born a slave in Kentucky; owned by Jesse Duncan; then owned by James Duncan who brought her to Galena, Illinois for 3 or 4 weeks then to mining region of Dubuque west of Mississippi River; Duncan removed her to town of Louisiana, Missouri.
- Case Number
- 63
- Identifier
- ccr1835.06779.008
- Source
- Missouri State Archives - St. Louis
- Rights
- Public Domain
- PDF Download
- Download PDF of all images
- Transcription
-
**Milly, a woman of color, v. James Duncan**
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**Page 1** (6779_001.jpg)
> *Legal Function: Caption*
No
Saint Louis Circuit Court
November T 1835
Milly
vs
James Duncan
Petition & order of
the Judge
---
**Page 2** (6779_002.jpg)
> *Legal Function: Petition*
To the Honorable the Judge of the Circuit Court
of the County of St Louis the Petitions of Milly
a woman of color respectfully represents
That she was born a slave in the state of
Kentucky and so, the property of Jesse Duncan
of that state that she has became since the property
of James Duncan who in the month of
July in the year eighteen hundred and
thirty four took your petitioner to Galena
in the state of Illinois where your petitioner
was held by the said James Duncan as a
slave for same three or four weeks and
was then removed by him to Dubuque
a place on the western side of the Mississipi[?]
River North of the Northern
line of Missouri and within the mining
region called Dubuque mines where he
held your petitioner as a slave in the performance
of the ordinary labour of a slave
from sometime in August or September
1834 until the month of June 1835 when
in consequence of your petitioner having
commanced procedings to recover her
liberty she was removed by the said James
Duncan to the Town of Louisiana in the state of Missouri
and subsequently she was brought
down the river Louisiana and is now in the
city of St Louis where the said James Duncan
claims her as a slave wherefore your
petitioner prays that your honor will grant
her leave to sue as a poor person to recover
her freedom and will make the necessary
orders to that and and your petitioner &c
*Sworn to and signed before one at St Louis this
Eight day of October eighteen hundred thirty five Peter Ferguson Justice of the peace
County Saint Louis State of Missouri Milly her mark*
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**Page 3** (6779_003.jpg)
> *Legal Function: Affidavit*
State of Missouri
County of St Louis
This day personally
appeared before the undersigned a Justice of
the peace within and for the county aforesaid Milly a woman of color
the petitioner in the foregoing petition
who being by me duly sworn upon her oath says that the facts stated in her
foregoing petition are true
*Sworn to & subscribed
before me this 8th day
of October 1835*
> *Legal Function: Order*
State of Missouri sct
On the foregoing petition is ordered
that the petitioner Milly be permitted to sue as a poor persons to establish
her freedom and H R Gamble is
assigned as her counsel and it is further
ordered that the petitioner milly have
reasonable liberty to attend her counsel
and the Court when occasion may
require and that she shall not be taken
or removed out of the jurisdiction
of the Circuit Court of St Louis County
nor he subject to any severity because
of her application for freedom.
*Given at my chambers in the city
of St Louis October 9. 1835. L E Lawless
Judge 3d Jud Ct*
---
**Page 4** (6779_004.jpg)
> *Legal Function: Writ*
State of Missouri Act The State of Missouri to James Duncan
Greeting
Whereas it has bean made to appear to
the satisfaction of the Judge of the St Louis is Circuit Court that Milly a woman of color
who has presented her petitioner to said judge for leave to due as a poor person to establish her freedoms
is about to be removed out of the Jurisdication
of the Circuit Court of St Louis County These
are therefore to command you that you have
the body of the said milly before the said judge
on the eleventh day of October instant at the
hour of ten October instant at the House of said Judge then and there to be dealt with according
to law and herein fail not at your peril
*Given under my hand & read at my
chambers in the city of St Louis this 10th
day of October 1835 L E Lawless
Judge 3d Jud Ct*
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**Page 5** (6779_005.jpg)
> *Legal Function: Plaintiff's Complaint*
In the Circut Court
November Term 1835
Saint Louis County Court
Milly a free Woman of
color by Gamble her attorney complains
of James Duncan of a plea of Trespass
for that the said James on the first
day of October, in the year eighteen
hundred and thirty five with force and
arms at the county aforesaid an as-
sault did make in and upon the said Milly and her the said Milly
then and there did beat and bruise
and did then and there take and im-
prison the said Milly and her the said Milly
did keep and detain her from thence
hitherto in prison and the said Milly
avers that before and at the time of the
committing of the said grievances she
the said Milly was and still is a free person on and the
said Milly further avers that the said
Duncan at the time of committing
the said grievances held and detained
and still holds and detains her the said
Milly in slavery against the peace and
dignity of the State and to the damage
of the said Milly of five hundred dol-
lars and therefore she sues &c
*A R Gamble &
T Polk attys
for Plff*
---
**Page 6** (6779_006.jpg)
> *Legal Function: Order*
State of Missouri sct
On the foregoing petition it
is ordered, that the petitioner Milly be permitted
to sue as a poor person to establish her freedom
and H R Gamble is assigned as her counsel
and it is further ordered, that the petitioner
Milly have reasonable liberty to attend her
counsel and the court when occassion may
require, and that she shall not be taken
or removed out of the jurisdiction of the Circuit
Court of St Louis county nor be subject to any severity
because of her application for freedom -
*Given
at my chambers in the city of St Louis October 9th 1835 L E Lawless Judge 3d Jud Ct.*
> *Legal Function: Summons*
The State of Missouri County of Saint Louis To the Sheriff of the county of St Louis
Greeting
We command you to Summon James Duncan
that he be and appear before the judge of our cir-
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 second monday of November
next then and there to answer unto Milly
a free woman of color of a plea of Trespass to the
damage of the said plaintiff of five hundred dollars
and have you then there this writ
*Witness Archibald Gamble Clerk
of Our said Circuit Court at
office this 10th October A D 1835 Archibald Gamble clerk*
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**Page 7** (6779_007.jpg)
> *Legal Function: Certificate of Execution*
James Duncan Mat found in my County
Oct 24th 1835
*J Brotherton[?] staff
by G Hammond Depty*
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**Page 8** (6779_008.jpg)
> *Legal Function: Caption*
No 63
St St. Louis Circuit Court November T 1835
Milly
vs
James Duncan
Action of Trespass
asst & batt &c to recover
freedom
Let a Summon
issue
*Gamble & Polk
for plff Filed 10th Oct 1835 Archibald Gamble Clerk*
Milly, a Woman of Color, V. James Duncan. 1835, St. Louis Circuit Court Historical Records Project, accessed October 8, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60822