Ben, a man of color v. Thomas I. White and William D. Woods

Item

Ben, a Man of Color V. Thomas I. White and William D. Woods. 1838, St. Louis Circuit Court Historical Records Project, accessed October 8, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60842

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Case Title: Ben, a man of color v. Thomas I. White and William D. Woods
Series: Freedom Suits
Plaintiff: Ben
Defendant: White, Thomas I.; Moods, William D.
Date Filed: 1838-01-18
Filing Date: 1838-01-18
Plaintiff’s Attorney: Bird, Gustavus A.; Bowlin, James B.
Defendant’s Attorney: Hudson, Thomas B.
Court Name: St. Louis Circuit Court
Court Term: 1836-03
Judge: Lawless, Luke E.
Clerk: Ruland, John
Justice of the Peace: Walsh, Patrick K.
Sheriff: Brotherton, James; Hammond, George
Sworn Declarant: Holtz, John; Samuel; Howard, George; Howard, Elija
Cause of Action: Trespass; Assault; Battery; False Imprisonment
Case Notes: Plaintiff Ben alleged to have worked in coal mines of St. Clair County, Illinois; four depositions confirmed this; damages $100.
Case Number: 50
Identifier: ccr1836.06781.012
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **Ben, a man of color v. Thomas I. White and William D. Woods**

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**Page 1** (6781_001.jpg)
> *Legal Function: Petition*

State of Missouri , Circuit Court Third Judicial Circuit.[illegible] [illegible] To the Honorable Luke E .Lawless Judge of
said Court.
Your Petitioner Ben represents that
he is now held in slavery in St. Louis by [illegible]
Thomas I White for the [illegible] who
claims your petitioner us his slave. Your
petitioner States that in the fall & winter of
eighteen hundred & thirty three said said
[illegible] L [illegible] there claiming your -
Petitioner as his slave caused your Petitioner
to be hired to Labor at Scuagirts baal[?]
Banks in the State of Illinois where he was
kept at Labor with the knowledge and consent
of said [illegible] far the space of sworn
[illegible] by Reason where of your petitioner
says he is entitled to his freedom your-.
Petitioner therefore prays that he may be
permitted to sue as a poor person to establish
his freedom that counsel may be assigned
to him & that such [illegible] may be made
for his personal Security as the Law warrants
& he will pray [illegible]

*Ben his x mark a man of color>*
Ben the above named petitioner on his oath
says that the facts in the above petition state are true.

*Ben his x mark a man of color*
> *Legal Function: Notarization*

sworn & subscribed to before me
this [illegible] day of 1836
after hearing the Petition & [illegible]

*P. Walsh Justice of the peace[illegible]*

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**Page 2** (6781_002.jpg)
> *Legal Function: Order*

State of Missouri
St. Louis County Ss.
I Luke E Lawless Judge of
the Third Judicial Terminal of the State of
Missouri do hereby order that the within
named petitioner Ben be allowed to sue
as a poor person to establish his freedom
and assign to him [illegible] as his
counsel to commanded & prosecute his Said
and I do further order that said Ben have
reasonable liberty ato attend his counsel &
the Court as occasion may require; and that
he be not removed out of the Juridiction
of the Court, and that he the not subject
to any security because of his application
for freedom.

*L.E .Lawless [illegible] 3rd [illegible] 18th Jan. 1836*

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**Page 3** (6781_003.jpg)
> *Legal Function: Complaint*

State of Missouri Circuit Court Third Judicial
Circuit March Term A D 1836
St Louis County [illegible] Ben a man of color complains
of Thomas I [illegible] & the claim & [illegible] of plea of trespass
false imprisonment do far that here to [illegible] on the first day of December in the
year of [illegible] eighteen hundred & thirty five
the said defendants with forced arms
on a peace do make upon him said Ben
& him said Ben did then & there imprison
[illegible] any just or probable cause whatever
& have unlawfully kept & detained him in
prison there from them untill the commencement
of this said and the plaintiff [illegible]
that at & [illegible] the commetting of
the said secural grievances[?] he [illegible] &
still is a free person & the defendant had
& detained & still detains him in slavery
where he says he is greatly & hath
sustained Damage to one hundred Dallors
therefore he said [illegible]

*G.A. Bird*
> *Legal Function: Order*

State of missouri
St. Louis County Ss.
I Luke E.Lawless Judge of the third Judicial
Circuit of the State of missouri do herebycertify order that the within named
petitioner Ben be allowed to sue as a poor person to establish his freedom
and assign to him Gustavus A Bird as his Counsel to commence & presecute
his suit. and I do furthr order that said Ben have reasonable liberty to attend
his counsel & the court as occasion may require and that he be not removed
out of the Jurisdiction of the court and that he be not subject to any

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**Page 4** (6781_004.jpg)
severiy because of his application for freedom
18th Jan 1836

*L.[illegible] Judge 3rd Jud Cir*
> *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 Thomas Of White and
Williams L Woods. that they 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 for
the second monday of march next then and
there to answer unto Ben a man of colour of a plea trespass
false imprisonment [illegible] to the damage of the said plaintiff
of one Hundred Dollars and have you then there
this writ.

*Witness John Ruland Clerk of
our said Circuit Court at
office this nineteenth day of
January A D 1836 Jn.Ruland Clerk*
> *Legal Function: Certificate of Filing*

No 50 Saint Louis Circuit Court
March Term 1836
Ben (a man of colour) Vs [illegible] of White & [illegible] L Woods
This is an action to establish
freedom.

*G.A.Bird. [illegible] Let a summons issue G.A.Bird. [illegible] Filed 19th January 1836 Jn.Ruland Clerk*
> *Legal Function: Certificate of Execution*

Executed this writ by reading it together with
the decleration and order of the honb.[?] Judge
to [illegible] White on the 20th day of January
1836 in the county of St. Louis [illegible] L. Woods
not found in my county

*John Brotherton Shff by G Hammond
Dept Shff*
|   |   |
|---|---|
| service | 1.00 |
| [illegible] | 50 |
| | \$1.50 |

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**Page 5** (6781_005.jpg)
> *Legal Function: Plea*

Suit for freedom In
St. Louis Circuit Court
march Term 1836
And the J.said &
[illegible] Woods
And the said Thomas [illegible]
by Hudson his attomy [illegible]
and defends the force [illegible]
when [illegible] and saith that he is
[illegible] gently of the said supposed
trespass and false imprisonment
above said to his [illegible] or any
[illegible] thereof in manner and form
as the said Benjamin above
thereof complained against him
and of this he the said Thomas
[illegible] himself upon the [illegible]

*Hudson
for [illegible]*

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**Page 6** (6781_006.jpg)
> *Legal Function: Certificate of Filing*

No 50 March Term 1835
Benjamin vs [illegible] White
plea general issue

*Filed 16th march 1838 John Ruland Clerk*

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**Page 7** (6781_007.jpg)
> *Legal Function: Deposition*

Depositions of witnesses produced Sworn and
examined on the thirteenth day of October in the year
of our Lord eighteen hundred and thirty eight
at the office of Patrick Walsh in the City of St. Louis
and state of Missouri and by consent of the attornies[?]
James B Bowlin[?] and Alexander Hamilton before
me Patrick Walsh a justice of the peace within and
for the county of St. Louis in the state aforesaid in a certain
cause now depending in the Circuit Court of the Country
of St. Louis aforesaid between Ben a slave plaintiff,
and James woods Defendant on the part of the plaintiff
John Holtz[?] of lawful age being produced
and sworn upon his oath states. That he is
a resident of St.Claire County Illinois that
he has [illegible] their for 18 or 19 years. That he
is acquainted with the by Ben called
Ben woods the plaintiff in this suit that he
became acquainte with Ben in Illinois >
about five years ago. That said Ben
was then wroking in the cole mines of St. Claire
clair County, where he remained somewhere
about six or eight weeks at labour in the
mines That he was brought three witness by a man by the name of Dickenson[?]
and was at work in connexion[?] with a man
by the name of [illegible]-. And further
this deponent saith that
[illegible] and subscribed to before [illegible]
the day and at the place first aforesaid
[illegible] justice

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**Page 8** (6781_008.jpg)
Samuel Swagart[?] of lawful age being
produceed and sworn upon his oath states
that he is a citizen of Illinois and that about
five years ago he was a citizen of St.Louis County Illinois That he knows
[illegible] the plaintiff in this suit. That he
because, acquainte with him about
five years ago, in St Claire County
Illinois where he was then working in
the Cole mines, that he boarded at deponents
House, while working in the mine
That said remained then about
six in eight weeks,- That he was
brought there, from St. Louis in Missouri
by a man by the name of grainyer[?]
and he was kept in [illegible] their
working the mines until he was brought
back to St. Louis about 6 or 8 weeks after
he was brought over- Blueford Robinson[?]
the Cole away and witness belives
he was in the employ of Dickenson[?] which Cole Ben And
further this deponent faith not

*[illegible] sworn and subscribed to before
me On the day and at the place
first aforesaid
[illegible] Justic [illegible] his mark [illegible]*
Geroge W. Howard of lawful age being
[illegible] upon his oath states-
That, he is a Citizen of Illinois St St.Claire
County, that he has been residing their
about eight years- That he was acquainted
with the plaintiff Ben, about five years
ago in St Claire County Illinois when he Ben
worked then- That he [illegible] there working
in the Cole mixes that he remained there
about 8 or nine weeks, that he was brought Their by a man named [illegible]
from St. Louis , about the first of november
1833- and remained their at work in the
mines until early in January 1834- That
it was the understanding that he worked
there as a servan- That the cole
he [illegible] was [illegible] By Bluford Robinson[?]
and another man to St. Louis and be
understood from one or both of the haulers
that [illegible] were hauling for Dickenson[?]
That witness heard [illegible] and the persons
hauling speak of Ben as a slave, and
say he was a slave- while he was
there and fruther this Deponent saith not

*[illegible] his x mark [illegible] sworn and subscribed to before me on
the day and at the place first aforesaid [illegible]*
Eliya Howard[?] of lawful age being
produceed and sworn upon her oath states
that he is a citizen of Illinois and that about
five years ago he was a citizen of St.Claire County [illegible] That he knows
[illegible] the plaintiff in this suit. That he
because, acquainte with Ben about
five years ago, in St [illegible] County
[illegible] where he was then working in
the Cole mines, that he [illegible] as deponents
[illegible], which working in te mine
That [illegible] remainded then about
six in eight weeks,- That he was
brought there, from St. Louis in [illegible]
by a man by the name of [illegible]
and he was kept in [illegible] their
working the [illegible] until he was brought
back to St. Louis [illegible] 6 or 8 weeks after
he was brought over- [illegible]
the [illegible] away and [illegible] belives
he was in the employ of [illegible] which [illegible] And
further this deponent faith not

*[illegible] hisx mark [illegible] [illegible] and subscribed to before
me On the day and at the place
first aforsaid [illegible] Justic*
Geroge [illegible] of [illegible] age being
[illegible] upon his [illegible] states-
That, he is a Citizen of [illegible] St [illegible]
County, that he has been residing their
about eight years- That he was acquainted
with the plaintiff Ben, about five years
[illegible] in St [illegible] County [illegible] when he Ben
worked then- That he [illegible] there working
in the Cole [illegible] that he remained there
about 8 or nine weeks, that he was brought

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**Page 9** (6781_009.jpg)
Their by a man named [illegible]
from St. Louis , about the first of november
1833- and remained their at work in the
[illegible] until [illegible] in [illegible] 1834- That
it was the understanding that he worked
there as a servan- That the cole
he [illegible] was [illegible] By [illegible]
and another man to St. Louis and be
understood from one or both of the [illegible]
that [illegible] were [illegible] for [illegible]
That [illegible] heard [illegible] and the persons
[illegible] speak of [illegible] as a slave, and
say he was a slave- while he was
there [illegible] fruther this Deponent saith
not

*[illegible]*
[illegible]
[illegible] of [illegible] age
being [illegible] and [illegible] upon her
oath states, That she is a citizen
of [illegible]- that she has [illegible] then
in St [illegible] County a [illegible] Ten years
That she was [illegible] with [illegible]
the plaintiff about five years ago
this fall- That [illegible] was then working
in the cole [illegible] in St [illegible] to [illegible]
That he remainded their about 8 or 9 weeks
[illegible] all the time, That he boarded
at the House of Deponent who then lived
in [illegible] House and Deponent cooked
for the [illegible] Ben among the [illegible] That
[illegible] for
the cooking for the hand and [illegible] for
it- That he had another slave [illegible]
Ben there [illegible] a week, and brought
him away and left Ben That the
[illegible] and another
man [illegible] the [illegible] away which

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**Page 10** (6781_010.jpg)
Ben and the other [illegible] and fruther
they deponent saith not

*[illegible] herx mark [illegible] [illegible] and subscribed to before
and on the day and at the place
first aforesaid [illegible] justice*
> *Legal Function: Notarization*

I, Patrick Walsh [illegible] a Justice of the peace within and
for the County of St. Louis in the state of Missouri , do
hereby Certify that John [illegible]
Geroge [illegible] and [illegible] the Deponents
were by me severally sworn to testify the whole truth of
their knowledge [illegible] the mater in [illegible] aforesaid;
that they wre examined and their examination
reduced to writing and by there respectively subscribed
in my presence on the day between the hours and at
the place in that behalf first aforesaid

*[illegible]*
> *Legal Function: Bill of Costs*

Justices fees $ 2.00 said by Plaintiff
> *Legal Function: Certificate of Filing*

Ben vswhite [illegible]
opend filedNovember 10th 1838

*John Ruland Clerk [illegible] $ 2*

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**Page 11** (6781_011.jpg)
> *Legal Function: Complaint*

[illegible]
vs.
William D. Moods,
[illegible] Thomas of [illegible]
In the Saint Louis Circuit Count,
November Term, 1838 Case Stated
The facts in the case and as follows:-
Ben, the plaintiff, was burn a [illegible], and at the
time [illegible] repared to, before the commencement of this
[illegible], was, and state [illegible] us the property of the defendant,
William D. Moods [illegible]. About five years ago, and before this
[illegible] was [illegible], the said woods [illegible] the said
negro to his brother-in-law, and [illegible], who was then
about to come out [illegible] for the state of [illegible], to [illegible]
lord, who [illegible] not to this state, and after being
[illegible] [illegible]look the slave over into St. [illegible]
County, in the state of [illegible], for the purpose of working
him as a [illegible] in the coal [illegible], and oil work
him these as and coal-land for seven or eight works,
after which [illegible] was brought back to this state, and this
said was commenced by he slave for his freedom. The
[illegible] in this state, and has done
[illegible] ever [illegible] came [illegible]
Some time during the continuance of the
employment of the slave in [illegible], the said agent,
by better, imformed the said [illegible] then [illegible], and [illegible]
in the state of [illegible] had
so employed the said slave in the state of [illegible],
[illegible] to [illegible] & [illegible] his [illegible]
at the [illegible] of [illegible] in his operations at the
coal [illegible] at the time of [illegible] the [illegible]
[illegible] was [illegible] infomed and [illegible] that would be
danger in [illegible] taking the [illegible] and [illegible]
[illegible] get his freedom

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**Page 12** (6781_012.jpg)
> *Legal Function: Order*

It is [illegible], that if upon the above [illegible]
facts the Court shall [illegible] of opinion the the said [illegible]
is entitled to his freedom, [illegible] shall according [illegible] for [illegible]: [illegible] be [illegible] in term of the Defendant. Dec. 26, 1838.

*[illegible], [illegible] of [illegible], Jas B Bowlin[?] Aty for Pltff*
> *Legal Function: Certificate of Filing*

No 50 March Term 1836
Ben
vs.
William D. Moods,
[illegible], to [illegible]

*Filed December 28th 1838 Jn. Ruland Clerk*
> *Legal Function: Judgment for Plaintiff*

Judgment for pltff [illegible] Book 9 page 367

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