James Talbot, a man of colour v. Delford Benton, James C. Music, and Prudence Music

Item

James Talbot, a Man of Colour V. Delford Benton, James C. Music, and Prudence Music. 1831, St. Louis Circuit Court Historical Records Project, accessed October 9, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60873

Full Text: See images and transcription side by side
Case Title: James Talbot, a man of colour v. Delford Benton, James C. Music, and Prudence Music
Series: Freedom Suits
Plaintiff: Talbot, James
Defendant: Benton, Delford; Musick, James C.; Musick, Prudence
Date Filed: 1831-11-11
Filing Date: 1831-11-11
Plaintiff’s Attorney: Bird, Gustavus A.
Court Name: St. Louis County Court
Court Term: 1831-11
Clerk: Easton, Rufus; Fredderick, Thomas
Justice of the Peace: Lawless, Luke E.
Cause of Action: Trespass; False Imprisonment; Assault; Battery
Case Notes: Plaintiff originally the slave of Jesse Chuck who took him to reside in Illinois; later taken to Missouri; sold to David Musick, now deceased; Musick left plaintiff in will to his daughter Susan, wife of Delford Benton; plaintiff was kidnapped; steamboat.
Case Number: 34
Identifier: ccr1839.27212.012
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **James Talbot, a man of colour v. Delford Benton, James C. Music, and Prudence Music**

---

**Page 1** (27212_001.jpg)
> *Legal Function: Certificate of Execution*

Executed this writ in the County of St. Louis by
offering to read it and the declaration to James [illegible]
Musick on the 16th day of January 1839 all of which he refused to hear but acknowledge
d it the services and by reading it and the declaration to
Prudence Musick on the 16th day of February 1839 Delford
Benton not found in my county

*Marshall Brotherton Sheriff By
Benjamin Lacy Dpt.[?] Sheriff Service $ 2.00 nonest 30 $ 2.50*
> *Legal Function: Certificate of Filing*

No 92 St. Louis Circuit Court
March Term 1839
James Daniel Talbot
vs
Dofford[?] Benton James C. Musick
&[?] Prudence Musick
Suit for freedom

*Filed Dec 24th 1838 Jn Ruland Clerk [illegible] [illegible]*
Continued BK 10 page 190 - non suit BK 12 p 45 - same at aside & alias
summons or deed [illegible] Delford Benton

---

**Page 2** (27212_002.jpg)
> *Legal Function: Summons*

County of St. Louis , ss. The State Of Missouri , To the Sheriff of the County of St. Louis ---Greeting:
We command you to Summon Delford Benton, James C. Music & Prudence
Music, if they be found in your county, to appear
before the Judge of our Circuit Court , on the first day of the next term thereof, to be held
at the City of St. Louis , within and for the County of St. Louis , on the second Monday
of March next, then and there to answer unto James Daniel Talbot a
man of colour of a plea of trespass assault & Battery.
to the damage of said plaintiff
dollars: And have you then there this writ.

*Witness, John Ruland , Clerk of our said
Court, with the seal thereof hereto affixed, at office, in the
City of St. Louis , this twenty fourth day of
December in the year of our Lord eighteen
hundered and thirty eight. John Ruland Clerk.*
> *Legal Function: Order*

In the Saint Louis Circuit Court November Term 1838
Monday December 24th 1838.
James Talbot -a man of colour
vs
Delford Benton James C. Music & Prudence Music
The said James Talbot by Wm Bird his attorney presents to the court
here his petition verifid as the law requires praying for leave to sue as a poor person in order to establish his right to freedom
and the said petition in the opinion of the court containing sufficient matter to authorize the commencement of a suit
it is ordered that the said plaintiff be permitted to sue as a poor person to establish his right to freedom the court doth assign him
Gustaves[?] A . Bird Esquire for his Counsel - And the court doth further order that said plaintiff have reasonable liberty to attend
his counsel & the court as occasion may require that he be not removed out of the jurisdiction of the court, and that he be not subject
to any severity on account of his application for freedom."

*A true copy of the order of court
Attest John Ruland Clerk*

---

**Page 3** (27212_003.jpg)
> *Legal Function: Petition to File in Forma Pauperis*

To the Honorable Luke E Lawless
Judge of the St St. Louis Circuit Court
The Petition of James Talbat a man
of colour respectfully [illegible] [illegible] that about
twenty one years past he was the slave
of one [illegible] Chuck _ that his said
Master Chuck then took him into the
now state of Illinois where said
Chuck bargained for a Farm & plow
your Petitioner upon it as a labourer[?] &
kept your petitioner there at [illegible]
between 11 & 12 months as his slave, this
your petitioner thinks was in the year
of our Lord eighteen hundred & seventeen
when Illinois was a [illegible]- after your
petitioner had been kept on the [illegible]
of Illinois as aforesaid said Chuck
took your Petitioner to Missouri [illegible]
& sold him as a slave to David
Music deceased- Said Music by his last
will bequethed[?] your petitioner to his
Daughter Susan Maca the wife of Delford
Benton- Your petitioner is now in
the [illegible] Prudence the widow of
said David Music in St Louis County where he has been
placed as a slave by James a Music, who
acts as the executor of the last will
of said David Music Your Petitioner
is informed & [illegible] that he is justly
and legally entitled to his freedom for the
causes above stated and he prays that
he may be permitted to sue as a poor
person to establish his freedom

---

**Page 4** (27212_004.jpg)
that counsel may be assigned to
him & such [illegible] made in his
[illegible] as his case requires & the law requires & he will [illegible] pray so

*James his mark Talbot*
> *Legal Function: Affidavit*

James Talbot the Petitioner aforesaid
says that the facts in the foregoing
petition stated are true

*Sworn to and subscribed
before me this 11th day
of November 1831 C. W . Walsh Justice James his Talbot
mark*
[illegible] James Talbot , a man of color
vs
James C. Musick [illegible] of David Musick & al
In the St St. Louis Circuit Court November Term 1838
The said James Talbot by Mr Bird his attorney pre-
sents to the court here his petition verified as the law requires praying to be permitted to bring his
suit in this court for freedom and the said petition in the opinion of the court containing
sufficient ground therefore it is ordered that sid plaintiff be permitted to sue in forma pauperis
and that Gustavus A. Bird Esquire be assigned him as counsel

---

**Page 5** (27212_005.jpg)
> *Legal Function: Complaint*

State of Missouri St St. Louis Circuit Court
March Term AD 1839
James Daniel Talbot a men of color complains
of Delford Benton James C Music & Prudence
-Music of a plea of trespass assault & Battery for that heretofore [illegible] on
the first day of January in the year of our
Lord eighteen hundred & thirty eight at St Louis
in said county the said Defendants with force
and arms made an assault upon the said
plaintiff & there imprisoned the said Plaintiff
without any legal or prabable & hath
so continued to imprison him there from
the day last aforesaid untill the day of
the commencement of this suit and [illegible]
[illegible] then and there did against the [illegible]
and the law of the Land and the plaintiff
ours that before and at the time of the
committing of the said [illegible] grievances
he was and still is a free person & that
said defendants detained and still detain
the said plaintiff in slavery and therefore
for his liberty he sues

*G A Bird Atty for
Plaintiff*

---

**Page 6** (27212_006.jpg)
> *Legal Function: Certificate of Filing*

Daniel Talbot
a man of color
vs
Delford Benton
James C Music &
Prudence Music
Action for Freedom
under the Statute
The clerk will please
issue a summons

*G A Bird atty
for Plff Filed Dec 24th 1838 Jno Ruland Clerk*

---

**Page 7** (27212_007.jpg)
> *Legal Function: Affidavit*

The State of Missouri To any Sheriff of any county
in the state of Missouri
Greeting
Whereas Satisfactory [illegible] has been
[illegible] before the Circuit Court of
Saint Louis County in said State now in [illegible]
that Daniell Talbot a man of color
who has been permitted to sue for his
freedom James C Music Prudence
Music & Delford Benton has been
removed from the Jurisdiction of
said Court in violation of the
order of said Court made in
said suit, your are therefore
commanded forthwith to take
said Daniel if to be found &
forthwith bring him before
said Court or the Judge
thereof in reaction & do you
notify said Defendants in said
suit of the time & place when
& where you will have said
Daniel before Court or Judge in witness
whereof I John Ruland clerk
of said Court at the Court house
in St Louis in said County do
hereto subscribe my name & affix
the seal of said Court this
30th day of November in the year
of our Lord eighteen hundred & thirty
nine.

*John Ruland Clerk*

---

**Page 8** (27212_008.jpg)

---

**Page 9** (27212_009.jpg)
> *Legal Function: Affidavit*

Daniel Talbot
a man of color
vs
James C Music
Prudence Music Delford Benton
In St St. Louis Circuit Court
Gustavus A Bird on
his oath says he is informed & beleives
that some time in the night time on
or about June last said plaintiff was
taken in a clandestine manner &
removed forcibly from the Jurisdiction of
this court this [illegible] has good grounds
to suspect & believe & does suspect &
believe that Delford Benton aforesaid
aided by others so took & removed said
plaintiff. This [illegible] has been informed & believes that said Benton
[illegible] St Charles Ferry with said Plaintiff
that he staid at St Charles one
night about June last & put said
plaintiff in jail for safe keeping &
the next day left there on Board of
of a Steam Boat bound up the Missouri
river with said plaintiff on board

*Sworn to & Subscribed in open
court this 30th Nov 1839 Jn Ruland clerk G A Bird*

---

**Page 10** (27212_010.jpg)
> *Legal Function: Certificate of Filing*

No 92 March term 1839
Daniel Talbot
vs
James C Music & others
Affidavit

*Filed Nov. 30. 1839 John Ruland Clerk*

---

**Page 11** (27212_011.jpg)
James Talbot a
man of color
Petition for leave
to sue for freedom
[illegible] to sue book 9 page 344

---

**Page 12** (27212_012.jpg)

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