Paul Alland Augusto, an infant of color, by his next friend, Benjamin Lawhead v. Bazil Alland and Arend Rutgers This electronic document is published as part of the St Louis Circuit Court historical records project.

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 June 16, 1835 July Term 1835

The original document is part of the Missouri State Archives St Louis Circuit Court collection.

 Paul Alland Augusto, an infant of color, by his next friend, Benjamin Lawhead v. Bazil Alland and Arend Rutgers June 16, 1835 July Term 1835 Alland, Paul Augusto Alland, Bazil Rutgers, Arend Assault Battery Trespass 67 St. Louis Circuit Court Brotherton, James Brotherton, M. Gamble, Archibald Lawhead, Benjamin Hough, Daniel Bogy, Davis Marquis Lawhead, Benjamin Unknown KT removed comment tags, added caseTitle, and moved legalFunction tags SS changed till Line 64-3 and img6730_4 SS completed file and checked SS : No index of returns references in the file MB added legal information - done CM performed final review of legal encoding Petition

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.

 Petition Marquis Gamble, Archibald Alland, Paul Augusto Lawhead, Benjamin Hough, Daniel St. Louis County Court

Book 7 -- 403 -- U.S. District Court -- 7 -- 410 183

No 67 Saint louis circuit Count July term 1835 Paul Augusto allan an infant of color by Benjamin Lawhead his next friend vs Bazil augusto allan and

This is an action of assault and battery for and

Marquis filed 16th june 1835 atty for pltt </titleStmt> <publicationStmt> <p>This electronic document is published as part of the St Louis Circuit Court historical records project.</p> </publicationStmt> <sourceDesc> <p>The original document is part of the Missouri State Archives St Louis Circuit Court collection.</p> </sourceDesc> </fileDesc> <profileDesc/> </teiHeader> <text> <body rend="handwritten"> <div1 legalFunction="Petition" rend="horizontal"> <pb facs="6730_002.tif" n="002"/> <opener rend="bracketed"> <dateline> <unclear rend="written" unit="chars"/> </dateline> <salute>To the <unclear rend="written" unit="chars"> <supplied>judge</supplied> </unclear> of the <unclear rend="written" unit="chars"> <supplied>third judicial circuit</supplied> </unclear> of the <unclear rend="written" unit="chars"> <supplied>State</supplied> </unclear> of <unclear rend="written" unit="chars"/> </salute> </opener> <p>Your <unclear rend="written" unit="chars"> <supplied> petitioner <persName> <choice> <orig>Paul</orig> </choice> </persName> augusto allan</supplied> <supplied> an infant of</supplied> </unclear> Same <unclear rend="written" unit="chars"/> his <unclear rend="written" unit="chars"> <supplied> respectfully presents</supplied> </unclear> that he <unclear rend="written" unit="chars"> <supplied> was born at</supplied> </unclear> <lb/> De <unclear rend="written" unit="chars"/> in the then <unclear rend="written" unit="chars"> <supplied> Territory</supplied> </unclear>, now <unclear rend="written" unit="chars"> <supplied> <placeName> <choice> <orig>State</orig> </choice> </placeName> </supplied> </unclear> <placeName> <choice> <orig>of</orig> </choice> </placeName> <unclear rend="written" unit="chars"> <supplied> <placeName> <choice> <orig>Illinois</orig> </choice> </placeName> </supplied> </unclear> any <unclear rend="written" unit="chars"/> alland <unclear rend="written" unit="chars"> <supplied> an inhabitant</supplied> </unclear> De<lb/> <unclear rend="written" unit="chars"> <supplied> Roche</supplied> <supplied> claimed</supplied> </unclear> and <unclear rend="written" unit="chars"> <supplied> held</supplied> </unclear> your <unclear rend="written" unit="chars"> <supplied> petitioner</supplied> </unclear> <lb/> as his <unclear rend="written" unit="chars"> <supplied> slave at</supplied> </unclear> the place <unclear rend="written" unit="chars"> <supplied> from the birth</supplied> </unclear> <lb/> of your <unclear rend="written" unit="chars"> <supplied> petitioner until</supplied> </unclear> the <unclear rend="written" unit="chars"> <supplied> death</supplied> </unclear> of said alland<lb/> <unclear rend="written" unit="chars"> <supplied> between two</supplied> </unclear> and <unclear rend="written" unit="chars"> <supplied> three</supplied> </unclear> years ago. That <unclear rend="written" unit="chars"> <supplied> since</supplied> </unclear> the<lb/> <unclear rend="written" unit="chars"> <supplied> decease</supplied> </unclear> of said alland your <unclear rend="written" unit="chars"> <supplied> petitioner</supplied> </unclear> has <unclear rend="written" unit="chars"> <supplied> been held in slavery</supplied> </unclear>, and <unclear rend="written" unit="chars"> <supplied> claimed</supplied> </unclear> as a <unclear rend="written" unit="chars"> <supplied> slave,</supplied> <supplied> augusto alland</supplied> </unclear> of said <unclear rend="written" unit="chars"> <supplied> augusto</supplied> </unclear> <lb/> alland <unclear rend="written" unit="chars"> <supplied> deceased</supplied> </unclear>. That a <unclear rend="written" unit="chars"> <supplied> few</supplied> </unclear> months <unclear rend="written" unit="chars"> <supplied> since<lb/> </supplied> <supplied>Bazil augusto</supplied> </unclear> alland <unclear rend="written" unit="chars"> <supplied> hired</supplied> </unclear> your <unclear rend="written" unit="chars"> <supplied> petiti<lb/>oner as a slave</supplied> </unclear>, to <unclear rend="written" unit="chars"> <supplied> mr.</supplied> <supplied> of the resident</supplied> </unclear> of the <unclear rend="written" unit="chars"> <supplied> city of <placeName> <choice> <orig>St</orig> </choice> </placeName> </supplied> </unclear> <placeName> <choice> <orig>Louis</orig> </choice> </placeName> and<lb/> <unclear rend="written" unit="chars"> <supplied> State</supplied> </unclear> of <unclear rend="written" unit="chars"> <supplied> missouri in whose custody</supplied> </unclear> and<lb/> <unclear rend="written" unit="chars"> <supplied> charge</supplied> </unclear> your <unclear rend="written" unit="chars"> <supplied> petitioner now</supplied> </unclear> is and who<lb/> <unclear rend="written" unit="chars"> <supplied>claims</supplied> </unclear> and <unclear rend="written" unit="chars"> <supplied> exercises authority over</supplied> </unclear> him <unclear rend="written" unit="chars"/> <lb/> the of <unclear rend="written" unit="chars"> <supplied> such hiring</supplied> </unclear> .That your <unclear rend="written" unit="chars"> <supplied> petitioner<lb/> </supplied> <supplied>prays he may be permitted</supplied> </unclear> to <unclear rend="written" unit="chars"> <supplied> die as a free<lb/> </supplied> <supplied>person</supplied> </unclear>and <unclear rend="written" unit="chars"> <supplied> establish his right to freedom</supplied> </unclear> </p> <closer> <signed> <unclear rend="written" unit="chars"> <supplied> <persName> <choice> <orig>Paul</orig> </choice> </persName> augusto</supplied> </unclear> alland</signed> <unclear rend="written" unit="chars"> <supplied> by</supplied> </unclear> his <unclear rend="written" unit="chars"> <supplied> next friend Benjamin Lawhead</supplied> </unclear> <signed> <unclear rend="written" unit="chars"/> </signed> </closer> </div1> <div1 legalFunction="Notarization" rend="horizontal"> <pb facs="6730_002.tif" n="002"/> <opener rend="bracketed"> <dateline> <unclear rend="written" unit="chars"/> State of <placeName> <choice> <orig>Missouri</orig> </choice> </placeName> <placeName> <choice> <orig>County of St Louis</orig> </choice> </placeName> <unclear rend="written" unit="chars"/> </dateline> </opener> <p>Before me <unclear rend="written" unit="chars"> <supplied> <persName> <choice> <orig>Daniel Hough</orig> </choice> </persName> </supplied> </unclear> <lb/> a <unclear rend="written" unit="chars"> <supplied> justice</supplied> </unclear> of the <unclear rend="written" unit="chars"> <supplied> peace within</supplied> </unclear> and for the <pb facs="6730_003.tif" n="003"/>County aforesaid personally appeared. <persName> <choice> <orig>Paul</orig> </choice> </persName>, au<lb/> gusto alland and made onth that the statements<lb/> contained in the within petition are true</p> <closer>paul august <signed>X</signed>his allmed mark swom to and subscribed this <date when="1835-06-16">16th june 1835</date> <signed>DHough J. P.</signed> </closer> </div1> <div1 legalFunction="Order" rend="horizontal"> <pb facs="6730_003.tif" n="003"/> <p>His hug <unclear rend="written" unit="chars"/> that the above<lb/> paul <unclear rend="written" unit="chars"/> allow he permitted to<lb/> sue <unclear rend="written" unit="chars"/> his peedr as a son push<lb/> and that outher p> majeis be xis<lb/> agyent is his counsel and that and pluff have normoble bless<lb/> to attend his counsel on the court<lb/> when occation may us and<lb/> and put the public shall not<lb/> be removed with of the <unclear rend="written" unit="chars"/> of<lb/> the event court of the couross louis<lb/> above thlyeet to any sevents because<lb/> this affaceth for feeds<lb/> <date when="1835-06-16">16 june 1835</date> vcatin</p> <closer> <signed> <unclear rend="written" unit="chars"/> </signed> </closer> </div1> </body> </text> </TEI> <TEI> <teiHeader> <fileDesc> <titleStmt> <title>Complaint

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.

 Complaint Brotherton, James Gamble, Archibald Alland, Paul Augusto Lawhead, Benjamin Brotherton, M. St. Louis County Court state of missouri county of S louis louis In the circuit court july term 1835

Paul augusto alland an in fant of color under the age of twenty one years by Benjamin lawhead his well friend complains of bazil augusts alland and grend Russers of a plea of trespass for that the said defend acts on 4th day of june in the year 1835 with foer and arms all the bounty aforesaid made an assault upon him the said Paul and then and there beat, bruised and ill treated and imprisoned him the said paul and kept and detained him in prison there without any rea-sonable or probable cause whatsoever, for a long space of time, tourt, from that day until the day of bringing this suit, countrary to the law of this land and againist the will of the said Paul , and other wrongs to the said Paul then & then did to the great damage of the said Paul and the said Paul saith that he is injured & hath sustained damage to the amomt of twenty dollars and therefore he brings his suit and the said Paul in fact says that before and at the time of the commission of the grievances aforesaid he was, o t is, a free person & that the said defend held and detained & state hold and detain him in slavery at the county aforesaid.

Paul augusto alland Benjamin Lawhead his next friend

copy of the order of the Judge permitting suit to be

It is hereby ordered that the above Paul August Alland be permitted to sue for his freedom as a poor person and that as his counsel and that said have reasonable liberty to attend his counsel and the court when occasion may require and that the petitioner shall not be removed out of the jurisdiction of the circuit court of the county of St. Louis or be subject to any severity of because of his application for freedom- 16th june 1835

County of Saint Louis ss The State of Missouri To the Sheriff of the County of Saint Louis greeting

we command you to summon Bazil Auguste Allard and Arend Rulgers that they be and appear before the Judge of our Circuit Court at the next term thereof to be held at the City of St. Louis within and for the County of Saint Louis on the Second monday of July next then and there to answer unto Paul August Alland an infant of color under the age of twenty one years who sued by Benjamin Lawhead his next friend of a of to the damage of the said Paul of twenty dollars and have you then writ

witness Archibald Gamble clerk of our said circuit court at office this sixteenth day of june in the year of our lord one thousand eight hundred and thirty five Archibald Gamble Clerk

Executed this writ by Reading it and the held and petition and also the order made by the honorable Judge to Arend Rutgers on the 18th day of June 1835 in the county of St. louis and Bazil Auguste Allard on the 24th day of June 1835 in St Louis County

James Brotherton Shff M Brotherton D Shff Service 200 Answer of Bazile Alland

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.

 Answer of Bazile Alland Alland, Bazile St. Louis County Court To the circuit court of the county of St. Louis in the State of Missouri

The petition of Bazil alland a citizen of of the State of Illinois that he is lined in this court by one Paul , , who claims to be a citizen of Missouri . your petitioner for that the matter in dispute ends the sum of five hundred Dollars, exclusive of costs. that said cause the united states bount for the Missouri District, submits to comply with the provisions of the law in such case made

Bazile X his alland St. Louis July 13. 1835 Paul vs Affidavit

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.

 Affidavit Bogy, Davis St. Louis County Court

Know all men by these that I acknowledge myself, to be held bound unto Paul a. alland in the of one hundred - dollars - this 17th day of july A D. 1835

The condition of this obligation is such that whereas the above named Paul .a.alland has is suit against Bazil a. Alland and Arend Rutgers , in the Circuit court of the county of St Louis State of Missouri to establish his freedom, wherein the said Bazil a alland has presented his petition for the removal of the cause into the next United States court for the missouri district

the said Bazil a. alland - shallon the first day of the next said United States court file copies of the county is said cause and the this

Paul a. alland vs Bazie a. alland Arend Rutgers Answer of Arend Rutgers

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.

 Answer of Arend Rutgers Rutgers, Arend St. Louis County Court Paul alland vs Bazille alland Arend Rutgers july term 1878.

And the said arend Rutgers one of the defendant in the above case comes into court disclaims all and any interest on he has Paul alland- - on to any interest or pretension of him the said Arend Rutgers be the said plaintiff may so guest

Panl alland vs Bazille alland Arend Rutgers

Disclaimer by Arend Rutgers

Jury Instructions

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.

 Jury Instructions St. Louis County Court

The court by instructs the Jury that Plaintiff is not entitled to receive for any services to 10th may 1839