Preston, a man of color v. George W. Coons

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Preston, a Man of Color V. George W. Coons. 1844, St. Louis Circuit Court Historical Records Project, accessed October 9, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60936

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Case Title: Preston, a man of color v. George W. Coons
Series: Freedom Suits
Plaintiff: Preston
Defendant: Coons, George W.
Date Filed: 1844-05-29
Filing Date: 1844-05-29
Plaintiff’s Attorney: Risque, Ferdinand W.; Townsend, James B.
Defendant’s Attorney: Walker, John B.; Hudson, Thomas B.
Court Name: St. Louis Circuit Court
Court Term: 1844-11
Clerk: Ruland, John
Justice of the Peace: Whitmore, Alphonso
Sheriff: Milburn, William; Osburn, A. C.
Cause of Action: Trespass; False Imprisonment; Assault; Battery
Case Notes: Estate of Milton Duty; damages sought $5,000; Milton Duty, of Mississippi, directed slaves to be freed and sent to Missouri at his death.
Case Number: 34
Related Court Case Number: 6868; 6820
Related Project ID: ccr1844.06868.058; ccr1845.06820.010
Identifier: ccr1844.06867.012
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **Preston, a man of color v. George W. Coons**

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**Page 1** (6867_001.jpg)
> *Legal Function: Plaintiff's Petition for Leave to Sue as a Poor Person*

To the Honorable John M. Krum , Judge of the
St. Louis Circuit Court :
Your petitioner,
Preston , a man of color, would humbly
represent to your Honor that he was purchased
and held as a Slave by one Milton Duty,
in his lifetime, since deceased, that the said
Duty, being then a resident of the State of Mis -
sissippi, by his last will and testament,
dated the 26th day of October A.D. 1836,
directed that, at his decease, your petitioner
amongst other slaves which he then owned,
should be manumitted and set free
and sent to the State of Missouri , if
the laws of said last mentioned State would
permit the same Your petitioner further
represents that the said Duty himself, in
his lifetime to wit; in the month of March
A.D. 1837 removed your petitioner amongst
other his said slaves, to the State of Missouri
and in the month of August A.D . 1838,
departed this life in the city and county
of St. Louis and State of Missouri , having
made are other will than the our last
mentioned; that the said will was,
as your petitioner is informed and believes,
established and admitted to Probate in the
Probate Court of Warren County in the State
of Mississippi , on the 26th day of November
A. D. 1838, and on the 22nd day of June
A. D. 1839 was recorded - as the last will
and testament of the said Duty in the
County , and letters

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**Page 2** (6867_002.jpg)
of administration thereof granted to one George
W . Coon, of the said city and County of
St. Louis , who now as your petitioner
verily believes, wrongfully and unjustly
holds your petitioner in slavery. Your
petitioner therefore humbly prays that he
may be permitted to prosecute this his
suit for freedom as a poor person, that
counsel may be assigned him, and that
the orders, prescribed by Statute in such
cases, may be made in his behalf,
and, as in duty bound, will ever pray
&c.

*Preston Duty x his Mark*
> *Legal Function: Jurat*

State of Missouri ,
St. Louis County
ss.
This day personally appeared
before the undersigned, Preston , the above
named petitioner, who being duly sworn
on his oath saith that the facts stated
in the foregoing petition are true to the
best of his knowledge and belief.

*Sworn to and subscribed before me this 29th Day
of May 1844. Preston Duty x his Mark Alphonso Witmore
Justice of the peace*

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**Page 3** (6867_003.jpg)
> *Legal Function: Plaintiff's Complaint*

State of Missouri
St. Louis County [illegible]
ss.
Preston , a man of color,
plaintiff in this action, complains of George
W. Coons , defendant in the same, of a plea
of trespass and false imprisonment: for
that the said defendant on the twenty fifth
day of May at the county aforesaid, with
force and arms assaulted the said plaintiff,
and then and there beat, bruised, and ill-treated
him, and then and there imprisoned him, and
kept and detained him in prison there with-
out any reasonable or probable cause what-
soever, for a long time to wit: for the space
of six hours there next evening, against
the will of the said plaintiff contrary to
the laws of the State of Missouri and
against the liberties of the people thereof:
and the said plaintiff in fact avers that
prior to, and at the time of the Committing
of the grievances by the said defendant
against the said plaintiff above mentioned,
the said plaintiff was, and still is, a free
person and that said defendant held
and still holds said plaintiff in slavery,
against the peace of the State of Missouri
and to the damage of the plaintiff five
thousand dollars and therefore he sues.

*Risque & Townsend
for plff.*

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**Page 4** (6867_004.jpg)
> *Legal Function: Caption*

Preston (a man of colors
vs
George W. Coons
Suit for freedom
let summons five

*Risque & Townsend Filed &c. May 30.*
Let the usual
orders he entered
&[?] R. & T. affiants[?]
Counsel

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**Page 5** (6867_005.jpg)
> *Legal Function: Summons of George W. Coons*

County Of St. Louis , ss.
The State of Missouri , To the Sheriff of St. Louis County—Greeting:
We command you to summon George W. Coons , if he
be found in your County, that he be and 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
third Monday of November next, then and there to answer unto Preston ,
a man of color, of a plea of trespass. & false imprison-
ment,
to the damage of said plaintiff Five Thousand
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 fourth day of
June in the year of our Lord eighteen
hundred and forty-four . John Ruland , Clerk.*
> *Legal Function: Acknowledgement*

I acknowledge myself bound for all costs that may accrue in the above cause.
Witness my hand and seal, at St. Louis , this day of 184

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**Page 6** (6867_006.jpg)
plea filed 15 p 292 Mo to dismiss reasons thereto filed 16 p 292.
Mo overruled 16 p 247. Jury empannelled[?] &[?] submits to nonsuit Jany 21[?] 1846. 17 p 49.
Mo for new trial filed 17 p 57> Mo Contd 17 p 122. contd 19 p 566. Contd by consent 18 p 349.
Discontinued at plff costs. [illegible] a January 29 1849 19 p 32.
> *Legal Function: Caption*

No. 34 In the St. Louis Circuit Court .
November Term 1844.
Preston , a man of color,
vs
George W. Coons
Summons. 10th June
Trespass & false imprisonment.
Damages $ 5000.00.
Risque & Townsend , p. q.
It is ordered that said petitioner, (Pres-
ton) have leave to sue as a poor person &
the Count assigns means Risque & Townsend
as counsel for said petitioner; and it is further or-
dered that said petitioner have reasonable liberty
to attend his counsel & the Court, as occasion may
require; that he be not removed without the
jurisdiction of this court, and that he be not
[illegible] subjected to any severity on account
of his application for freedom.

*Filed June 4th 1844. John Ruland , Clerk. 14
Free. in forma paupers (114)*
> *Legal Function: Certificate of Execution*

Executed this writ in the County
of St. Louis on the 10th day of June 1844 by
offering to read it and the declration, to George
W Coons which he refused to hear - Also by
reading to the said George W Coons the orders
of the Judge endorsed upon this writ

*Fees $ 1.50 William Milburn Shff
by A. C. Osburn Depy*

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**Page 7** (6867_007.jpg)
> *Legal Function: Defendant's Plea of Not Guilty*

Preston (a man of color)
vs
George W. Coons In the St. Louis Circuit
Court
Nov. Term 1844
And now comes the said defendant, George W. Coons
by his attorney, and says that he is not guilty
of the said several supposed grievances or either of
them in manner and form as the same are by the
said plaintiff in his declaration above charges
and alleged against the said defendant and of this
the said defendnat puts himself upon the county
And for a further plea in this behalf, the said
defendant says that the said plaintiff at the time
of the commencement of this suit a free person
in manner and form as in said declaration
alleged and of their the defendant puts himself upon
the country [illegible]

*J B Walker
Atty for Deft.*

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**Page 8** (6867_008.jpg)
> *Legal Function: Caption*

Preston (a man of color)
vs
George W. Coons
Plea
J B Walker
Atty for Deft

*Filed Novr 18th. 1844 John Ruland Clerk*

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**Page 9** (6867_009.jpg)
> *Legal Function: Defendant's Motion and Reasons to Dismiss*

Preston of Color
vs
Geo M Coon admin of
Milton Duty Decd In St. Louis Circuit Court
April Term 1845
And the said defendant
by attorney comes and moves the court to
dismiss the above entitled cause for the following
reasons.
1. Because the process issued in this
cause was illegal and granted without authority
of law
2 Because the said plaintiff had
no right to install an action without first
filing an affidavit according to the provisions
of the statute in such case made & [illegible]
3 Because there is no sufficient affi-
davit filed herein
4 Because the said supposed affi-
davit is illegal & informal
5. Because said plaintiff being a
negro he could not make an affidavit
against the deft who is a white man
6. Because the complaint and
affidavit are in other respects informal
and insufficient
7. Because the clerk acted with
out [illegible] legal authority in permitting the
plaintiff to sue in manner aforesaid

*Walker & Hudson atty
for deft*

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**Page 10** (6867_010.jpg)
> *Legal Function: Caption*

Preston of Color
vs
Geo W Coon admin
Motion to dismiss
Walker & Hudson
Attys for deft

*Filed 9 May 1845 Jn Ruland Clerk*

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**Page 11** (6867_011.jpg)
> *Legal Function: Plaintiff's Motion to Set Aside Non-suit and Motion for New Trial*

Preston (of color)
vs
George W. Coons In St St. Louis Circuit Court
November term 1845
The plaintiff moves the court to set aside the nonsuit
and grant a new trial in the above entitled cause for
the following reasons, viz.
1. That the Court improperly excluded on the trial
legal & competent evidence offered by the plaintiff
2. That the Court improperly refused to allow the motion
made on behalf of the plaintiff for a rule or
the Judge of Probate to produce in Court a word
being necessary evidence for the plaintiff

*Townsend*

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**Page 12** (6867_012.jpg)
> *Legal Function: Caption*

Preston (of color)
vs
Geo W. Coons
Mo. for new trial

*Filed 2d Jany 1846 Jn Ruland Clk*

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

Preston, a Man of Color V. George W. Coons. 1844, St. Louis Circuit Court Historical Records Project, accessed October 9, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60936