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Habeas Corpus
Negro brought into court
Paige appears for petitioner
GW Sparahawk Senr sworn for prisoner - examines the Negro - and says he has known him about 19 years - I think he could not have been more than 5 years - when I first knew him - he was then living in the family of Wm L Burk in this city - knew the Negro's mother - she passed for a free woman - many years - before the petitioner was born - cross exn I am certain I have known for 19 years - I never been absent more than 6 mos at a time - he has always passed as free
Captn Burke sworn - I have
lived in St Louis more than
50 years - examines the negro -
and says in 1839 Spring that Negro's
mother - who was always deemed free,
wished me to take the boy and raise
him - boy was then about 4 years
old - I am sure it is same negro
boy - I raised him up to about 2
years ago - I then shipped him on a
boat to go to Osage River - up
the River he and the captn of the
boat quarrelled & he quit & started
back to St Louis on the road home
he was taken up I think about
2 years ago - and lodged in jail as
a runaway slave - I did not
interfere and he was sold for his
expenses until he should become
21 years old - I dont know how
many times he has been sold since
1st to Lynch next to Thompson
then to Shibley - I think these men
all knew the boy was not a slave
for life - Thompson & Shibley knew
it any how - Thompson sold bought
him from Lynch for $100 & sold him
to Shibly as I am informed for $100 -
I am certain Shibley knew the boys
time was out for I told him so -
he however claimed the boy owed him
$120 after his time was out - that
John - Negro never paid him anything
and would not give him up
until this sum was paid -
Shipbley sold him again to a man
by the name of Denney - I think and
he took him to Memphis & sold him
as a slave for life - he was to
serve until he arrived to the age of
21 - he is now about 23 years
and his time of service is out -
The boys mother sold me his time
until he should arrive at the age
of 21 years - I know the Boys mother
lives here in St Louis and has always lived here - since boys
birth - always regarded as free
never claimed by any person to be
a slave - he was sold as a runaway
- but it was known to jailor and to the purchaser as a free boy - and not a slave
for life
Francis W Burke sworn-
I am son of the witness who has
just been examined - About 19 years
ago my mother brought the negro
to our house - I have known the boy
ever since as a free boy after he should
become 21 years All that I have
lived in my fathers house here in St
Louis ever since and all that he has
stated in relation to the negro boy being
in our family - is correct to my knowledge - I know he was put up here
to be sold so to pay expenses - I told sheriff
before and at the sale that the boy
(4)
was free -m[?] I know he is more
than 21 yeas of age - have heard
his mother admit to mine that the
boy was to serve in our family
until he became 21 years-
-Petitioner rests-
- objectives to discharge-)
JA Denney sworn contra
I brought the boy from Captn Shipley - who said he thought the boy would be free at 21 years - I asked him how old he was - and said he had 2 10 mos to him[?] yet - he brought the boy to Lynch's yard and I bought him - he transferring to me the Shff's Title - I took him to Memphis Tenn and sold him in the same way that I bought him - with the sheriff Title - I sold to Wm Wyatt about 3 or 4 weeks ago - for $300 - He was sold by sheriff as a runaway slave - and as a boy of 16 years old - I sold as a little over 18 years-
B.M. Lynch sworn contra-
I know the boy - I purchased him as sheriff's sale a little more than 2 years ago - I bought him at $100 - I sold him probably for $150-
5h pageI bought him as a slave for life if I chose to keep him as such - no conditions as to the time he was to serve contained in the Bill of Sale
The court adjudges that Petitioner
be discharged is illegally restrained
of his freedom and entitled to be discharged -
Arrested before & committed by Justice Johnson under the afft of John Lakin - on 30th June 1858-
