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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
vs
Transcript on change of
Judge for
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Be it rembered that heretofore
that a term of the
country of
1840
proceedings were had in a certain case of
Petition
filed in
court
of color vs
vs
according to law, and praying
to be allowed to sue
in forma
by the court here fully understand it
is ordered that
said plaintiff be allowed to sue as a poor person
to
establish his right to freedom and that Messrs Risque
Murdock
& King be assigned him as counsel, and it is
further ordered
that said plaintiff have reasonable
may require and that he be not
removed out of the
subjected to
for freedom, which petition is in the words
and figures
petition
following to writ. To the
represents that he was
born at the village of Cahokia
St. Claire country in the
of twenty three years
old, that when about the age of
eleven years, your petitioner was
levied on by the
Sheriff of St Claire county in said state of
on an execution against said Frakie, and sold by
when the said Cowles sold your
Pickering, who about three years ago sold him to
of said
her property, and restrained him of
his just rights, liberty
& freedom, which he is informed and believes
under these
facts he has a legal right to he therefore prays this
honorable
court to grant him leave to sue as a poor person
in order
to establish his right to freedom, in an
of false
affidavit
to petition
&
he
being duly sworn says that the facts
set fourth in the
knowledge & belief.
the
Orders of
Court
following to writ. The Court being
of opinion that the
sufficient matter to authorize the
suit, makes the following orders. First that
man of color, be allowed to
his right to
freedom, and assigns
Murdoch & King as his counsel. Second that the said
and the court, as
not removed
out of the
and that
he be not subject to any
of his application for freedom
of the 8th Judicial
circuit of
same time was filed a declaration which
is in the
declara
words and figures following to writ. In
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
of St Louis County
St Louis
County ss
of
defendant on the
our Lord one thousand eight
hundred and forty one
at
assault upon the said plaintiff, and then and
there
imprisoned him the said plaintiff and kept and detained
him
in prison there, without any reasonable
or probable cause whatsoever
for a long time to wit for
the space of twenty three days then next
following,
contrary to the laws of this state and against the will
of the said plantiff. To the damage of the said plaintiff
one
dollar and therefore he brings suit etc Risque
Murdoch & King
attys for plff. whereupon the clerk issued
a summons with copies of the
order of the court endorsed
thereon, which are in the words and figures
following
Summons.
to wit.
To the Sheriff of St Louis County-Geeting. We command
you
to summon
county that she be
and appear before the judge of our
to be held at the
next-then and
there to answer unto
of color of a plea of trespass to the
damage of said plantiff
of one dollar; and have you then there this
writ
Witness
the seal thereof hereto affixed, at office, in the
eighteen hundred and forty one
Copies of
Orders of
Court
endorsed
on
Summons. The court being of opinion, that the foregoing petition of
ing orders. First that
to sue as a poor person to establish his right to freedom
and assigns Mssrs Risque Murdoch & King as his counsel
Second
that the said
to attend his counsel and
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
Judge of
the 8th Judicial
copy of the order Attest
upon which the Sheriff made his return which is in
Sheriffs
return.
the words and
figures following to wit. Executed this
1841
order of the court to
service
on the
eedings amended
declaration
filed.
were had in said cause to wit,
color vs
leave of court which amended
declaration is in the words
and
figures following to wit. In the
St Louis County
v
And now at this day comes the said plaintiff and
by leave
of the Court first had and obtained files an amended
de-
claration as follows.
of
fendant at
forty
and him then and there took and imprisoned and
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
restrained him the said plaintiff of his liberty and held him
in servitude from the said day
and year last aforesaid
untill the
said and the said plaintiff
avers that at the time of the
committing of the said grievances the
said plaintiff was
and
and still holds him the said plaintiff in slavery
against
the land of the land and against the will of the said
plaintiff; and other wrongs to the said plantiff within
that time did,
against the peace etc and to the plaintiffs
damage one dollar and
therefore he brings suit &c
Risque Murdoch & King attys
for plff. And atterwards
at the same term to wit on the
the following
further proceedings were had in said
Petition.
filed
cause to
wit.
Now at this day cames the
said plaintiff by his attorney
and files his petition verified
according to law, setting
fourth that he is
out of the jurisdiction of this court. Unless by the
interposition
of this court, which being seen and heard and
by the
court-here fully understood it is ordered that a
warrant issue to bring
said plaintiff before this court
then and there to be dealt with as the
court shall see
fit and direct which petition above mentioned is in
the
Petition
words and figures following to wit. To the Hon. the
circuit
Court of the county of
respectfully represents that at the present term
Term 1841
by leave of this honable Court brought a
imprisonment against
establishing his right to freedom, that the writ issued in
by the Sheriff of said county some time
during the
the orders thereon endorsed as provided
by the second sec
tion of the act entitled ``an act to enable persons
held
in slavery to sue for their freedom'' upon the said defendant
the said petitioner was forcibly seized in the public
streets of the
city of
March 1841
watchman of
authority of the
defendant
the said petitioner accross the
river
the state of
Court, and was taken to the sail of
for imprisonment but the jailor of said county
refused
to take charge of your petitioner on the ground
that there
was no offence alleged against your petitioner:
your petitioner states
that during last night he escaped
from the custody of those who
confined him at Bellville
and has returned to the city of
now claims the protection of this honorable court and
that he may be brought up under a warrant before
this honorable Court
and that defendant be compelled to
enter into recognizance as the said
law provides etc
your petitioner states that he believes that he will
be
again taken out of the jurisdiction of this court unless
Affidavit
to
petition
the said warrant issues
Rsque Murdoch & King his attys.
St Louis County ss
says that the facts set forth in the foregaing petition
are just
& true
subscribed the
And afterwards at the same term to wit on the
of March 1841
Order for
had in said cause to wit.
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Sheriff to
take petitioner
Jc.
ordered that the Sheriff take possession of the
petitioner
and hire him out from time to time during the residency
of this suit, and that he take Band from the hiner in
the sum of six
hundred dollars, according to the statute
in such case made and
provided. And afterwords at the
1841
cause to wit. to
Pleas
field
Pleas
filed which
pleas are in the words and figures
following to wit.
her attorney cames and defends the
force and injury when
and false
imprisonment in manner and form as the said plaintiff hath above thereof
complained against her
& of this she puts herself upon the
country & Co.
vs
ant in her own proper person cames
and says that this
Court ought not to have or take further cognizance
of
the action aforesaid because she says that the said trespasses
and false imprisonment in the declaration mention
ed and the said
holding in slavery therein mentioned were
done in the state of
of a claim to the services of
said plaintiff under the laws of that State and the said plaintiff so being
held
by defendant to service in
thereof, escaped & ran away from defendant to the state
of
suit; he
the said plaintfiff never having resided in the
state of
is nearly to verify, wherefore she
prays Judgment & C
StriceKen out by order of Court
N. S.
Daughty Deputy Clk
July term of said year to wit on the
the following
further proceedings were had in said
Replication
filed.
Replication.
cause to wit.
filed which replication is in the words and
figures
following to wit,
suit for
freedom And the said plaintiff as to the plea of
the said defendant,
and whereof she puts herself upon the
country doth the like F. B.
Mudoch atty for plff And
Afterwards at the same term to wit on the
1841
Order
cause to wit
of plaintiffs attorney; it is
ordered that said defendants
second plea be stricken out. And
afterwords at
the same term to wit on the
following further proceedings were
had in said cause to Petition
filed for
change of
named,
Petition
wit
of defendant filed for change of venue, which petition
is in the words
and figures following to wit.
man of color) vs
asks that a change
of venue may be awarded
in the above named case, pending in the
said court has prejudices against the petitioner's defence
to the said
suit.
undersigned & makes oath to the
fact in the foregoing
petition & states that she has just cause
to believe that
she cannot receive a fair trial in the case above
mentioned
& an account of the cause alleged in said petition.
Given under my hand, this
A D Eighteen hundred and forty one
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Justice of the peace. And afterwards at the
term of said year
for the year 1841
the following further proceedings
were had
Order
for
change of
day comes the said defendant by her attorney and
files
her petition verified according to law and praying for
a
change of venue herein which petition being seen and
heard and by the
court deemed sufficient it is ordered
by the court that the
the
of this court make out a full true and complete transcript
of the record and proceedings herein and transmit
the same duly
certified together with all the original
papers filed in the cause and
not forming a part
of the record to the clerk of the said court of
Common
Pleas; which petition is in the words and figures
Petition
for
change
following to
petitioner
named case respectfully asks
that a change of venue
may be awarded therein for the following reason
Be
cause the Judge of said Court is prejudiced in said
case
this day personally appears before the
undersigned
and makes oath to the truth of the foregoing petition
and that she has just cause to believe that she cannot
receive a fair
trial in the above case, an account of the
causes alledged in the said
petition
Sworn to and subscribed before me this
January A. D. eighteen hundred and
forty two.
Kretschman Justice of the peace
as
I
the foregoing to be a true and
complete transcript of
the record and proceedings of said Court in the
case
of
as the same
now remain in my office
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
You are hereby commanded, that, setting aside all manner of excuse and delay, you appear before our
1842
Issued on C.
Issue on
vs
B. Christy
Wit
C. Tiffin
Joseph Basil
John Para
Served this sub: on
Frank
1842
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
You are hereby commanded, that, setting aside all manner of excuse and delay, you appear before
our
1842
vs
Subp
Revd Joseph Lutz
To appear
10 O'Clock.
To be found at the
Catherac
Executed
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
We command you to attach
Paron (alias Para)
if
Honorable Judge of the
then and there to testify and the truth to say, in a certain cause pending in said
Court, wherein
for a contempt by him committed in not attending said Court, as witness , although regularly
summoned so to do on the part of the said
vs
Attachment
for Dr C. Tiffin &
John Paron or Para
returnable forthwith
Paron resides between
main
house an old frenchman
go in on the side of the
house near the new
wave houses
Executed
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
The Court is requested to instruct the
that if they find from the
the
nois
sinced the
find that he was hom of parents who
were not tempararily
said that of
and
a verdict for the plaintiff.
And also if they find from the
any that the
plaintiff has been permitted
tille to main in the Hall of
for
any number of
as a
hind
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
We the jury find
that the Defendant is guilty of the trespass
in manner & form as
the Plaintiff hath in
his declaration allged.