Henry Lohre, a man of color v. Gayus (Gaius) Duty

Item

Henry Lohre, a Man of Color V. Gayus (Gaius) Duty. 1852, St. Louis Circuit Court Historical Records Project, accessed October 9, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60981

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Case Title: Henry Lohre, a man of color v. Gayus (Gaius) Duty
Series: Freedom Suits
Plaintiff: Lohre, Henry
Defendant: Duty, Gayus or Gaius
Date Filed: 1852-02-25
Filing Date: 1852-02-25
Plaintiff’s Attorney: Blannenhassett, Richard S. (Blennerhassett); Shreve, B. V.
Defendant’s Attorney: Harvey, Thomas
Court Name: St. Louis Circuit Court
Court Term: 1852-04
Judge: Hamilton, Alexander
Clerk: Cerre, Michael S.
Justice of the Peace: Black, John
Cause of Action: False Imprisonment
Case Notes: Plaintiff claimed owner Benjamin Horine of Washington, Missouri, manumitted him at age 21; defendant from Vicksburg, Mississippi; defendant also spelled Gains, Gay.
Identifier: ccr1852.06893.014
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **Henry Lohre, a man of color v. Gayus (Gaius) Duty**

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**Page 1** (6893_001.jpg)
> *Legal Function: Plaintiff's Petition for Leave to Sue as a Poor Person*

To the honorable The St. Louis
Circuit Court
The petition of Henry Lohre respectfully states that he is
a mulatto, that he was born a slave being the
property of Benjamin Horine of Washington in
this state that the said Benjamin Horine
let your petitioner free by an instrument in writing effectual for that purpose when he your
petitioner should arrive at the age of
twenty one years that your petitioner is
now about twenty nine years of age and since he
arrived at the age of twenty one years
he has not been claimed as a slave
or as the property of said Horine that he is free and
can establish his freedom in the Courts
by Law that one Jay Duty of the City of
Vicksburg Mississippi claims to be the owner of your
petitioner & insists upon holding him
as a slave And your petitioner has reason
to believe & does believe that the said
Duty his agents and attorneys will by force
and violence remove your petitioner out of this
state so as to prevent his suing for
his freedom. Petitioner most respectfully
prays that he may be permitted to sue
in this Honorable Court for his freedom
as a poor person according to the Laws
of this state and that the necessary orders
may be endorsed herein according to
the statutes in such cases made & provided
and as in duty bound will ever pray.

*Sworn to & Subscribed
before me on this 25th
day of Feby A D 1852 John Black
J. P. Henry his X mark Lohre*

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**Page 2** (6893_002.jpg)
> *Legal Function: Order*

In the matter of
Henry Lohre a man of color
suing for freedom
In the St. Louis Circuit
Court Novr. Term 1851
It is ordered by the Court That the
within petitioner be allowed to sue
on giving security satisfactorily to
the Clerk for all costs that may
be adjudged against him
2. That said petitioner have reasonable
liberty to attend his counsel Blennerhassett
and Shreve as occasion may require.
That
he be not removed out of the jurisdiction
of this Court and that he be not subject
to any severity on account of his application
for freedom.

*St. Louis Feb 26th 1852 A Hamilton
Judge 8th Judicial
Circuit, Mo.*

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**Page 3** (6893_003.jpg)
> *Legal Function: Plaintiff's Complaint*

Henry Lohre a free man of color
Plaintiff
vs
Gayus Duty defendant
In the St. Louis Circuit Court
April Term 1852
The Plaintiff states that the defendant heretofore to wit
on the first day of February 1852 at the County
of St. Louis did then & there falsely imprison him
the said plaintiff without any reasonable, probable or lawful
cause whatever.
And the plaintiff avers that before and
at the time of the committing of the said grievances
he was and still is a free person.
And that the defen
dant held & still holds him in Slavery,
Wherefore the
Plaintiff asks judgement declaring him free.

*Blennerhassett & Shreve
Attys for Plaintiff*
> *Legal Function: Jurat*

Plff being duly sworn upon his oath states the
above petition is true sworn to & subscribed
this 10th March 1852

*Sworn to and subscribed
before me this 10th March
1852
M. S. Cerre Clk Henry his X mark Lohre*

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**Page 4** (6893_004.jpg)
> *Legal Function: Caption*

In the Circuit Court
Henry Lohre a f.m.c
Plaintiff
vs
Gayus Duty defendant
Declaration

*Blennerhassett & Shreve
Plffs. Attys.*
> *Legal Function: Certificate of Filing*

Filed 10 Mch 1852

*M S Cerre Clk*

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**Page 5** (6893_005.jpg)
> *Legal Function: Summons of Gayus [sic] Duty*

21 Oct 1852 me #3
I told him I would Issue provided
he got action order

*[illegible]*
> *Legal Function: Caption*

No
Saint Louis Circuit Court
April Term 1852
Henry Lohre (of Color)
vs
Gayus Duty
Summons
Pet: for freedom

*B. H. Shreve, atty*
> *Legal Function: Order*

It is ordered by the court, that the within petitioner be allowed to sue on giving security satisfactorily to the clerk for all costs that may be adjudged against him. That Said Petitioner havea reasonable liberty to attend his counsel Blennerhassett& Shreve as occasion may require that he be not removed out of the Jurisdiction of this Court and that he be not subject to any severity on account of his application for free dom St Louis Feby 26th 1852[?]

*A Hamilton Judge 8th Judicial Circuit MO a true copy attest
M S. Cerre Clk*
Issued 10th March 1852

*M. S. Cerre Clk
$ 3
Copy due Clk
30 cents
Charles F. Meyer Secy.[?]*

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**Page 6** (6893_006.jpg)
> *Legal Function: Summons*

County Of St. Louis , S.S. The State Of Missouri , To the Sheriff of St. Louis County, Greeting:
We command you to summon Gayus Duty
to appear
before the Judge of our Circuit Court , on the first day of the next
term thereof, to be held in the City of St. Louis , within and for the
County of St. Louis , on the third Monday of April
next, then and there to answer the complaint of Henry Lohre a
free man of Color
as set forth in the annexed petition
and have you then there this writ.

*Witness, Michael S. Cerre , Clerk of said
Court, with the seal thereof hereto affixed, at office, in
the city of St. Louis this Tenth
day of March in the year of our
Lord eighteen hundred and fifty two .
M. S. Cerre 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 Tenth day of
March 1852
Chas.F.Meyer
L.S.*

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**Page 7** (6893_007.jpg)
> *Legal Function: Summons of Gayus Duty*

County Of St. Louis , S.S. The State Of Missouri , To the Sheriff of St. Louis County, Greeting:
We command you to summon Gayus Duty
to appear
before the Judge of our Circuit Court , on the first day of the next
term thereof, to be held in the City of St. Louis , within and for the
County of St. Louis , on the third Monday of April
next, then and there to answer the complaint of Henry Lohre a free
man of Color
as set forth in the annexed petition
and have you then there this writ.

*Witness, Michael S. Cerre , Clerk of said Court, with the seal thereof hereto affixed, at office, in
the city of St. Louis , this Tenth
day of March in the year of our
Lord eighteen hundred and fifty two
M. S. Cerre Clerk*
> *Legal Function: Acknoweldgement*

I acknowledge myself bound for all costs that may accrue in the above cause

*Witness my hand and seal, at St. Louis , this tenth day of
March 1852
Chas F Meyer
L.S.*

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**Page 8** (6893_008.jpg)
> *Legal Function: Caption*

Henry Lohre (of Color)
vs
Gayus Duty
It is ordered by the Court that the
within petitioner be allowed to sue
on giving Security satisfactorily to
the Clerk for all costs that may
be adjudged against him.
That said petitioner have reasonable
liberty to attend his Counsel
Blennerhassett & Shreve as occasion
may require - that he be not removed
out of the Jurisdiction of this
Court and that he be nor subjected
to any severity on account of
his application for freedom.
St. Louis Feb 26th 1852.

*A. Hamilton
Judge 8th
Judicial Cir.
Mo a true copy attest
M. S. Cerre Clk*
A true copy of the writ &
petition

*M. S. Cerre , Clk*

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**Page 9** (6893_009.jpg)
> *Legal Function: Defendant's Plea of Not Guilty*

No. April T. 1852
Henry Lohre , Plff
vs
Gaius Duty, Deft
Plea

*Filed 10th March 1852
M. S. Cerre Clk*

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**Page 10** (6893_010.jpg)

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**Page 11** (6893_011.jpg)
> *Legal Function: Plea*

Henry Lohre plaintiff
vs
Gaius Duty, Defendant
Circuit Court
St. Louis County
And the said defendant by Thomas Harvey his
attorney comes & defends the force & injury &
and says that he is not guilty of the said
supposed imprisonment above laid to his charge
in manner & form as the said plaintiff hath above
thereof complained against him-
And of this he
puts himself upon the County

*Thos: Harvey*
And for further plea in this behalf defendant says
that said plaintiff whose name is Henry ,
is a slave for life & is the property of defendant; and that
as such property he said defendant does hold said
plaintiff to labour & service which by the laws of
this state & of the Constitution of the United States
he defendant has the right to hold said plain
tiff as his slave.
And this he said defendant
is ready to verify.
Wherefore he prays judge-
ment &

*Thos: Harvey
Attorney for Deft.*

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**Page 12** (6893_012.jpg)
> *Legal Function: Affidavit*

Thomas Harvey , the agent & attorney for
Defendant Gaius Duty makes oath & says
that he believes the within pleas & the
matters therein stated as stated are true.

*Thos: Harvey Sworn to & subscribed
4th March 1852
M. S. Cerre Clk*

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**Page 13** (6893_013.jpg)
> *Legal Function: Order for Issuing of Warrant for Plaintiff*

Nov. Term 1851
Thursday 26 Feb. 1852
Henry Lohre
vs
Gay Duty
In the matter of
Henry Lohre suing for
freedom
In the St. Louis Circuit Court
November Term 1851
Being satisfied from the within
statement of Thomas Harvey that the
within named petitioner Henry Lohre is likely
to be removed beyond the Jurisdiction of this
Court before the termination of his suit for freedom
It is ordered by this Court that the clerk issue a
warrant under the Seal of this Court for the apprehension
of the said Petitioner & that he be brought without delay
before this Court.
It is further ordered that the Sheriff
take possession of said petitioner and hire him out
to the best advantage from time to time during the
residency of the suit.
And that said Sheriff take a Bond
from the hirer payable to the state of Missouri in the
penal sum of Fourteen hundred dollars with such
security as the Sheriff approves [illegible] that
the petitioner shall during the pendency
of his suit have reasonable liberty of attending
his counsel & the Court.
That he shall not be
removed out of the Jurisdiction of this
Court during the pendency of his suit and
that he shall not be subjected to any severity
on account of his application for freedom-
and that the hirer will pay the hire to the
Sheriff and return the said petitioner at
the expiration of the term for which
he is hired or as soon as said suit is determined.

*A. H. Judge, March 11, 1852.*

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**Page 14** (6893_014.jpg)
> *Legal Function: Affidavit*

Henry Lohre
vs
Gay Duty
Circuit Court St. Louis County
Suit for freedom
Gaius Duty the Defendant herein by his
agent & attorney Thomas Harvey states
that said plaintiff or petitioner, also
known as Harry of right belongs to
him and that he is his own property-
that for some time past he has eluded
the search of defendant - But that he
defendant has possession of said Harry
now & that he intends to have him sent home
to his owner - & that he shall do so unless
restrained by due course of law.
He states that Harry is worth seven hundred
dollars

*Gaius Duty
By Thos: Harvey*

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

Henry Lohre, a Man of Color V. Gayus (Gaius) Duty. 1852, St. Louis Circuit Court Historical Records Project, accessed October 9, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60981