Malinda Duty, a woman of colour v. George W. Coons

Item

Malinda Duty, a Woman of Colour V. George W. Coons. 1845, St. Louis Circuit Court Historical Records Project, accessed October 9, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60945

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Case Title: Malinda Duty, a woman of colour v. George W. Coons
Series: Freedom Suits
Plaintiff: Duty, Malinda
Defendant: Coons, George W.
Date Filed: 1845-07-22
Filing Date: 1845-07-22
Plaintiff’s Attorney: Field, Alexander P.
Defendant’s Attorney: Walker, John B.
Court Name: St. Louis Circuit Court
Court Term: 1845-11
Judge: Krum, John M.
Clerk: Ruland, John
Justice of the Peace: Cruess, Peter; Sheinhman
Sheriff: Milburn, William; Osburn, A. C.
Cause of Action: Trespass; False Imprisonment; Assault; Battery
Case Notes: Estate of Milton Duty; plaintiff allegedly freed in will, moved from Mississippi to Missouri; damages $1,000.
Case Number: 220
Identifier: ccr1845.06810.014
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **Malinda Duty, a woman of colour v. George W. Coons**

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**Page 1** (6810_001.jpg)
> *Legal Function: Petition for Leave to Sue as a Poor Person*

To the Honorable John M . Krum Judge[?] of the Circuit Court of St Louis County. Your Petitioner Malinda a woman of Colour. would Humbly represent unto Your honor. That she was purchased
and held as a slave by one Milton Duty in
his life time, since deceased, that the said
Duty atthe time, and long before his death was a resident of the City and County of
St. Louis Your Petitioner would further represent that the said Duty before his
removal to the State of Missouri was held your petitioner as his slave, long before he removed from said State to the State
of Missouri . your Petitioner as his slave long before he removed from said state to the State
of Mississippi Your Petitioner further states
that before the said Duty moved from
the State of Mississippi to wit in the
Year of our Lord 1836 he made his Last Will and Testament in which he
directed at his decease, that your said
Petitioner among a number of other slaves which he owned should be manumited[?]
and set free in the month 1837. A D. the
said Duty moved to the State of Missouri
and brought with him your Petitioner
together with a number of other slaves owned
by him at that time, and in and in the
following year the said Duty [illegible] departed
this life in the City of St. Louis having
made no other will or disposition of said
Your Petitioner, there is mentioned in said
will The said will was established and

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**Page 2** (6810_002.jpg)
admited[?] to record in the County of Warren
and State of Mississippi in the Probate Court of said County on the 26th day of
November 1838 A D., and on the 22nd day
of June 1839 was duly admited[?] to record as the last will and testament of the
said Duty in the County Court of St Louis County, and letters of administration thereof granted to George W . Coons of said
County and City of St Louis , who now
as your Petition states wrongfully and
unjustly holds your Petitioner in slavery
and has caused her to be commited[?]
and confined in close custody in the Jail
of said County without any reasonable Cause therefor..
You Petitioner therefor Humbly prays
your honour that she may be allowed
to prosecute her suit for her freedom against the said Coons, as administrator, as
a poor person and their Counsel be
assigned her and that she discharged
from her present and un unjust illegal[?]
imprisonment and that the several
orders be made in her behalf touching the persons and in duty
bound she will pray

*Malinda her x Mark Duty*

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**Page 3** (6810_003.jpg)
> *Legal Function: Jurat*

State of Missouri St Louis County
this day personally come before me the undersigned Justice of the peace
in and for the County and State afore- said. Malinda (a person of Color) Who
has included the above Petition who being
duly sworn desposes & says That the facts therein contained[?] and set forth are true to the best of her knowledge and belief. Given under my hand this
22nd day of July 1843

*Malinda herx mark Duty Sworn to & Subscribed before Me this 22nd of July 1845 Peter Cruess Justice of the Peace St louis Co. Mo.[?]*
This day personally appeared before me the under signed a white person of lawful age a Justice of the Peace who being duly sworn deposes and says that he is well acquainted with Malinda who subcribed the foregoing petition: and verily believing that the statements State set forth in said petition are true, as he is informed and verily believes witness my hand this 22nd day of July 1845.[?]

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**Page 4** (6810_004.jpg)
> *Legal Function: Jurat, part 2*

State of Missouri County of St Louis SS
This day personally appeard before me the undersigned[?] William Burchstead[?]
who being sworn according to Laws makes oath says that he is acquainted with the Petitioner Malinda ; and believes that the Statement set forth in her said Petition in relation to her freedom is in talked to [illegible] further states that from the information he has received he believes she is entitled to her freedom

*William Burchsted[?]
Sworn to & subscribed before Me the this
23[illegible] day of Aug. 1845
[illegible] Sheinhman
Justice of the Peace St Louis County, Mo*
> *Legal Function: Caption*

Malinda (of color)
Petition to sue for freedom - - - -
Vidi [illegible] & [illegible]
[illegible] p 28
> *Legal Function: Order*

On reading & considering the within & foregoing Petition it is ordered that
the said Petitioner Malinda be allowed to institute a suit to obtain her freedom on giving security satisfactory to the Clerk of the St. Louis Circuit Court for all costs that may be adjudged against her. And it is further ordered that the said Malinda have reasonable liberty to attend her Counsel the said Court as occasion may require & that she be not removed out of the jurisdiction of the Court & that she be not subject to any severity on account of her application for freedom & that Col. A. P. Field be & is hereby appointed to prosecute suit for freedom. St Louis Augt. [illegible] 25. 1945[?]

*John M Krum Judge 8. Jud. Cir[?]*

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**Page 5** (6810_005.jpg)
> *Legal Function: Caption, part 2*

In the Circuit Court
Malinda (of color)
vs George W. Coons ad
Declaration In
Trespass & False imprisonment
October November Term 1843
This is an action of
Trespass & false imprisonment
The clerk will issue a
summons returnable to
the next Term of the
Circuit Court .

*A P Fields for Plff*

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**Page 6** (6810_006.jpg)

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**Page 7** (6810_007.jpg)
> *Legal Function: Plaintiff's Complaint*

In the Circuit Court .
of St Louis County
October November Term 1845.
Malinda (a woman of colour) vs George W . Coons a d.
Malinda a woman of color by A P
Field her attorney complains of George
W . Coons administrator: of the estate of
Milton Duty deceased, in custody &c of
a plea of trespass and false imprisonment
for this to wit that the said
defendant on the twenty fifth day of
May in the year of our Lord one thousand
eight hundred and forty five at
the County and Circuit aforesaid and
within the Jurisdiction of this Court
with force and arms assaulted the said
plaintiff and there and then beat bruised and
ill treated her and there and then imprisoned
and kepted and detained her in prison for a
long space of time to wit for the space
of six months then next unsuing[?] against
The will and consent of her the said plaintiff
and contrary to the laws of the State of Missouri
and the liberty of the people thereof and the
said plaintiff avers that before and at the
time of the commiting[?] of the said grievances
by the said defendant [illegible] plaintiff
was and still is a free person and the said
defendant wrongfully and unjustly held
and still holds the said plaintiff in slavery
and other wrongs to the said plaintiff there
and then did, against the peace and

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**Page 8** (6810_008.jpg)
and dignity of the State of Missouri and
to the damage of the said plaintiff one
thousand dollars and therefore she sues

*A P Field Attorney for Plaintiff*

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**Page 9** (6810_009.jpg)
> *Legal Function: Bill of Costs*

In the Circuit Court
November Term [illegible] 1845
Malinda (of Color
v.
George W. Coons administrator
We do duly in the ourselves security for the costs in the above cause, need do bind ourselves
to pay all costs may be adjudged against
the said plaintiff in the forgoing cause. Witness our hands & seals this 31st day
of October 1845

*A. P. Field
D. N. Noll[?]*

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**Page 10** (6810_010.jpg)

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**Page 11** (6810_011.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, administrator
of the estate of Milton Duty deceased, 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 Mon-
day of November inst nextthen and there to answer unto Malinda , a
woman of color, of a plea of trespass and false im-
prisonment
to the damage of said plaintiff one 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 first day of
November in the year of our Lord eighteen
hundred and forty-five. John Ruland Clerk.*
> *Legal Function: Order*

On reading & considering the within & foregoing petition, it is ordered that the
said petitioner Malinda be allowed to institute a suit to obtain her freedom
on giving security satisfactory to the clerk of the St. Louis Circuit Court
I acknowledge myself bound for all costs that may accrue in the above cause.
for all costs that may be adjudged against her. And it is further ordered
Witness my hand and seal, at St. Louis , this day of 184 that the said Malinda have reasonable liberty to attend her counsel
& the said Court as occasion may require & that she be not
removed out of the jurisdiction of the said Court, & that she be
not subjected to any severity on account of her application for

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**Page 12** (6810_012.jpg)
plea filed 17p289 contd 17p277 [illegible] 17p. 449 cond[?] 17p 625 dismissed at plff's costs & exa 18p 315.[?]
> *Legal Function: Caption*

No 220
St. Louis Circuit Court November Term 1845
Malinda (of Color) vs Summons George W Coons , administrator
of the estate of Milton Duty decd
Suit for freedom

*A. P. Field att[?]
Filed 1st November 1845
John Ruland Clk
\$1.00 pd by att[?] (215)*
> *Legal Function: Certificate of Execution*

Executed this writ in the
County of St. Louis on the 4th day of
November 1845 by offering to read it
and the decleration to George W Coons admr &c , the defendant which he refused
to hear and by reading to the said George W Coons the orders of the Judge in this
case

*William Milburn Shff[?]
[illegible]
Service $ 2.00 By A C Osburn Depy*
freedom, & that Col A. P. Field be & he is hereby appointed to prosecute the said suit for freedom.

*John M Krum Judge[?] 8th Jud. Cir.
St. Louis Augt 25.*

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**Page 13** (6810_013.jpg)
> *Legal Function: Defendan't Plea of Not Guilty*

In the Circuit Court November April Term
1845
Malinda (a woman of color
vs.
George W. Coons admtr of Milton Duty[?]
And now comes the said defendant, George
W. Coons by his attorney, and defends the
force & injury, when &c, and says that he is
not guilty of the said several trespasses & grievances in the said plaintiffs declaration charged
against him, nor of any or either of them
in manner and form as therein charged and
alleged against him, and of this the said
defendant puts himself upon the country &c

*M B Walker atty for Deft.*

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**Page 14** (6810_014.jpg)
> *Legal Function: Caption*

Malinda (a woman of color
vs
George W. Coons admtr[?] of Milton Duty
Plea not guilty J B Walker atty for Deft

*Filed 20 April 1846
Jn Ruland Clerk[?]*

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

Malinda Duty, a Woman of Colour V. George W. Coons. 1845, St. Louis Circuit Court Historical Records Project, accessed October 9, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60945