Mary Farnham v. Samuel D. Walker
Item
Mary Farnham V. Samuel D. Walker. 1835, St. Louis Circuit Court Historical Records Project, accessed October 8, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60824
- Case Title
- Mary Farnham v. Samuel D. Walker
- Series
- Freedom Suits
- Plaintiff
- Farnham, Mary
- Defendant
- Walker, Samuel D.
- Date Filed
- 1835-05-25
- Filing Date
- 1835-05-25
- Plaintiff’s Attorney
- Darby, John F.
- Court Name
- St. Louis Circuit Court
- Judge
- Lawless, Luke E.
- Clerk
- Gamble, Archibald
- Sheriff
- Brotherton, James
- Cause of Action
- Trespass
- False Imprisonment
- Assault
- Battery
- Case Notes
- Mary, 21 or 22 years old, born in Ste. Genevieve, MO, in family of John B Bussier; brought to St. Louis, sold to Russell Farnham who moved to Lower Rapids on Mississippi River at Fort Edwards; Farnham came to St. Louis and died in October 1832.
- Identifier
- ccr1835.06878.004
- Source
- Missouri State Archives - St. Louis
- Rights
- Public Domain
- PDF Download
- Download PDF of all images
- Transcription
-
**Mary Farnham vs. Samuel D. Walker**
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**Page 1** (6878_001.jpg)
> *Legal Function: Petition of Mary Farnham for Leave to Sue as Poor Person for Preedom*
To the Honorable Luke. Edward Lawless , Judge of the third
Judicial Circuit in the State of Missouri ,
The petition of Mary Farnham , aged about 21 or
22 years of age respectfully represents: That she was
born in Ste Genevive[?], in this state in the family of one John
B . Bossier, and that she was held as a slave by him
until [illegible] [illegible] some time in 1830 — when she was brought
to St. Louis by said Bossier, and sold as a slave
to one Russel Farnham, who held her as slave
in his own family in St. Louis , & that said Farnham shortly
after buying her moved with his family to the Lower
Rapids on the Mississippi River , where he resided
& where your petitioner was held as a slave,
in his family and at fort Edwards for more than from the fall of 1831 until about the [illegible] [illegible]
fall of 1832 Your Petitioner is informed and believes
that having been held as a slave at those places
in beyond the northern boundary of the state of
Missouri & the other, in the state of Illinois with said
Farnham , who had his permanent residence there
then, she [illegible] is now entitled to her freedom.
Your petitioner states that said Farnham came to St Louis
and did here in october 1832. That since said Farnham's
death she has been sold as a slave by P. Chouteau Jr ,
as administrator of said Farnham to one Randolph
in St. Louis ; who sold your petitioner, as a slave to
one Samuel D. Walker, who now holds your petitioner as
a slave in St. Louis , said Walker , being a resident of
Louisiana, & having recently Come to St. Louis ; Your petition
-er therefore, prays your honor to be permitted to institute a
suit as provided for by law, & that your petitioner be permitted
to sue as a poor person; &c & as in duty bound your
petitioner will ever pray ‖c.
*St. Louis
May 25th 1835> Mary Farnham by
her atto: I F. Darby*
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**Page 2** (6878_002.jpg)
> *Legal Function: Affidavit of Mary Farnham*
Mary Farnham being duly Sworn upon her oath
States that the facts stated in the foregoing petition are
true to the best of her Knowledge & belief
*Sworn to & subscribed before
me*
> *Legal Function: Affidavit of John F. Darby*
John F. Darby being duly sworn upon his oath, states that he believes
the facts stated in the foregoing petition of mary Farnham are true-
avers as he is informed said mary Farnham is permitted by the persons
claming her is a slave, from comand & swearing to the affidavit said above written
*Sworn to and subscribed before me this 25th May 1835 Archibald Gamble Clerk John F Darby*
> *Legal Function: Order*
I L. E. Lawless , Judge of the third Judicial circuit
do hereby order that said petitioner mary Farnham ,
be permitted to institute a suit to establish her right to
freedom against Samuel D. Walker & that she be permitted
to sue as a poor person, and as I [illegible] assign her as
Counsel — to conduct & manage said
suit - St Louis May 1835 and it is
further ordered, that the petitioner have reasonable liberty to
attend her counsel and the Court whoen occasion may
require; and that the petitioner shall not be taken or removed
out of the jurisdiction of the court, [illegible] nor be subject to
any severity because of her application for freedom.
*L E Lawless*
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**Page 3** (6878_003.jpg)
> *Legal Function: Writ*
State of Missouri ,
Third Judicial Circuit
Ss. In St. Louis circuit court.
July Term 1835
Mary Farnham , who is permitted to
sue as a poor person, by Darby her attorney Com-
plains of Samuel . D. Walker, of a plea of trespass
For that whereas, heretofore to wit, on the twenty third
day of may in the year of our Lord eighteen
hundred and thirty five said defendant at
[illegible] the county aforesaid with force and arms made
an assault upon the said defendant at St. Louis in
[illegible]
[illegible] in the county aforesaid there and then beat bruised and illtreated [illegible]
[illegible] said [illegible] plaintiff, [illegible]
[illegible] and then and there
imprisoned the said [illegible] plaintiff, and kept and detained
her in prison, there, without any reasonable or probable cause
whatsoever for a long space of time, to wit for the space
of [illegible] two days, there next following, contrary to the laws of
the land, and against her will, and the said plaintiff
avers, that before and at the time of the committing the grievances
she was and still is a free person, and that the defendant
held and detained her & still holds and detains her,
in slavery. To the damage of said plaintiff of Eight
Hundred Dollars.
*Darby p. q.*
> *Legal Function: Summons for Defendant*
County of Saint Louis Ss
The state of Missouri To the Sheriff of the County of Saint Louis
Greeting
We command you to summon Samuel D Walker that he be and appear before the
Judge of our Circuit Court at the next July 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
mary Farnham who is permitted to sue as a poor person of a plea of Trespass To the damage of
said plaintiff of Eight Hundred dollars and have you then there this writ
*Witness Archibald Gamble Clerk of our said Circuit
Court at office this Twenty fifth day of May in the
Year of our Lord one thousand Eight Hundred and thirty
five Archibald Gamble Clerk*
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**Page 4** (6878_004.jpg)
> *Legal Function: Order*
I L. E Lawless Judge of the third Judicial circuit do hereby order that said petitioner mary Farnham be permitted to institute a suit
to establish her right to freedom against Samuel D Walker and that she be permitted to sue as a poor person and I assign her as counsel
to conduct and arrange said suit and it is further ordered that the petitioner have reasonable liberty to attend her counsel and the
court when occasion may require and that the petitioner shall not be taken or removed out of the juridiction of the court nor be subject to any
severity because of her application for freedom
L. E Lawless -
A True Copy of the order of the Judge_ Archibald Gamble Clerk
*Samuel D Walker not found in my County
June 27th 1835 J Brotherton Shff
by G Hammand Dept nonest 50 cts*
> *Legal Function: Certificate of Filing*
No 48 In St St. Louis Circuit Court
July Term 1835
Mary Farnham
vs
Samuel D. Walker
This an action in form of
assault & Battery & false
imprisonment —
Issue a writ for deft.
*Darby p. q. Filed 25th May 1835 Archibald Gamble Clerk*
> *Legal Function: unknown*
Discontinued Book 7 page 410
Mary Farnham V. Samuel D. Walker. 1835, St. Louis Circuit Court Historical Records Project, accessed October 8, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60824