Elsa Hicks, a mulatto girl v. Patrick J. McSherry This electronic document is published as part of the St Louis Circuit Court historical records project.

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 October 27, 1847 November Term 1847

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

 Elsa Hicks, a mulatto girl v. Patrick J. McSherry October 27, 1847 November Term 1847 Hicks, Elsa McSherry, Patrick J. Trespass False Imprisonment Assault Battery 121 St. Louis Circuit COurt Thomas, Isaac B. Ruland, John Conway, Samuel Stevens, George Daugherty, James Garland Alexander Wells, Joseph 6809 MM deciphered vendor's unclear tags through line 40 MM deciphered vendor's unclear tags through line 133 MM deciphered vendor's unclear tags through line 167 MM deciphered vendor's unclear tags through line 187 (finished!) KT finished legal encoding KT removed comment tags, added caseTitle, and moved legalFunction tags CM performed final review of legal encoding Plaintiff's Petition for Leave to Sue as a Poor Person

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.

 Plaintiff's Petition for Leave to Sue as a Poor Person Daughery, James Thomas, Isaac B. St. Louis Circuit Court To the Honbl Judge of the St. Louis Circuit Court

The petition of Elsa Hicks a mulatto girl about twenty three years of age, respect- fully represents to your honour that she was born in the State of Virginia and was owned by one James Mitchell , who acquired her by marriage with one Mrs Burnell and has continued to hold her as a slave since that time; That said Mitchell about the year eig-teen hundred and thirty four removed from said State of Virginia to the Territory of Wis- consin taking along with him your petitio-ner as a Slave where he held your petitioner as a slave for the period of six years cont-rary to the Ordinance of seventeen hundred and eighty seven passed by the Congress of the Un-ited States, that about the year eighteen hun-dred and forty one, your petitioner was broug-ht to the City of St. Louis State of Missouri and hired out by said Mitchell that one Patrick J . McSherry now holds your petitioner as a slave. your petitioner therefore prays to be permitted by your honor to sue as a poor person in your honbl Court on the Chancery side thereof in behalf of her freedom and she will ever pray

By her attorney Jas. Daugherty State of Missouri County of St. Louis

Your petitioner Eliza Hicks being duly sworn upon her oath says that the matter and things set forth in the foregoing petition are true to the best of her knowledge and behalf

Sworn and subscribed before me this 27th day of October 1847. Isaac B. Thomas Justice of the Peace, Elsa herx Hicks mark

on reading and considering the foregoing pet-ition and being satisfied that the said petition contains sufficient matter to authorise the commencement of a suit by the said Elsa for her freedom; It is ordered that the said Elsa Hicks be allowed to sue upon her said Petition as a poor person and that she have reasonable liberty to attend her counsel at the St Louis Circuit Court and that she be not subjected to any severity on account of the application to institute her said suit for freedom and that she be not removed without the jurisdiction of the Court and that James Daugherty be assigned her as counsel

Oct. 27. 1847 s Alex Hamilton, Judge of the St. Louis Circuit Court 8th Judicial Circt Mo </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="Caption" rend="vertical"> <pb facs="6812_003.tif" n="003"/> <head> <unclear rend="written" unit="chars"> <supplied> <persName> <choice> <orig>Elsa Hicks</orig> </choice> </persName> <lb/> to <lb/> Honbl. Alex. Hamilton</supplied> </unclear>.</head> <p> <unclear rend="written" unit="chars"> <supplied>Petition</supplied> </unclear> </p> </div1> <div1> <pb facs="6812_004.tif" n="004"/> </div1> </body> </text> </TEI> <TEI xmlns="http://www.tei-c.org/ns/1.0" > <teiHeader> <fileDesc> <titleStmt> <title>Plaintiff's 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.

 Plaintiff's Complaint Daugherty, James St. Louis Circuit Court Elsa Hicks ( Mulatto girl ) v Patrick J . McSherry In the St Louis Circuit Court November Term 1847

Elsa Hicks complains of Patrick J McSherry of a plea of trespass for false im- prisonment. For that wherein heretofore to wit on the first day of September in the year eighteen hundred and forty seven the said defendant with force and arms at the the City and County of St Louis then and there made an assault upon the said Elsa Hicks to wit; at the he and then and there beat bruised and otherwise ill treated her the said Elsa Hicks and then and there impr-isoned her the said Elsa Hicks and detained her the said Elsa Hicks in prison without any reasonable cause whatsoever for a long time to wit, for the space of ten days last part contrary to the law and against the will of the said plaintiff further avers that before the grievances above mentioned were committed she was and still is a free person of colour and that the said defendant did then and there and still hold her in slavery therefore she sues

By her atty Jas Daugherty Summons of Patrick J. McSherry

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

 Summons of Patrick J. McSherry Ruland, John Conway, Samuel Stevens, George St. Louis Circuit Court County Of St. Louis , Ss. The State of Missouri , To the Sheriff of St. Louis County, Greeting:

We command you To Summon Patrick S. McSherry 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 next, then and there to answer unto Elsa Hicks of her petition for freedom this day filed to the damage of said plaintiff 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 Twenty Ninth day of October in the year of our Lord eighteen hundred and forty-seven Jn. Ruland Clerk.

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

Witness my hand and seal, at St. Louis , this day of 184

Executed this writ in St Louis County on the 30th day of October 1847 by offering to read it and the declaration to Patrick McSherry the within named defendent which he refused to hear

Samuel Conway Sheriff By Geog. Stevens Deputy Service $ 1 . 00 No. 121 St Louis Circuit Court November Term 1847 Elsa Hicks vs Patrick J. McSherry

Pet. for Freedom J Daugherty Att

Filed October 29th 1847 Jn Ruland , Clerk Jury fund $2 Wrk 1 due $3

plea on lease 18p59 to 18 p70 Mo Colt to dismissed 18 p 171 Shff ordered to him and plff 18 p 171 dismiss 28 p 176 and 18 p 202 on order slavery Elsa Hicks from confinement &c 18. p 342. condi 19 page 231 Nov 1850 for want of protection 20 p 226 Dec 23rd 1850

Defendant's Plea of Not Guilty

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

 Defendant's Plea of Not Guilty Blackburn, E. C. St. Louis Circuit Court Elsa Hicks vs Patrick J. McSherry. In the St. Louis Circuit Court , November Term 1847

And the defendant comes and defends the demand of the plaintiff

E. C. . Blackburn for P. J. McSherry Patrick J. McSherry adv. . Elsa Hicks .

Plea .

filed Nov 23rd 1847 Jn. Ruland clerk E. C Blackburn atty </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="Caption, part 2" rend="vertical"> <pb facs="6812_011.tif" n="011"/> <head> <unclear rend="written" unit="chars"> <supplied> <persName> <choice> <orig>Elsa Hicks</orig> </choice> </persName> </supplied> </unclear> a <unclear rend="written" unit="chars"> <supplied>slave <lb/> <abbr>vs</abbr> <lb/> Patric McSherry Defendant</supplied> </unclear> </head> <p> <unclear rend="written" unit="chars"> <supplied>Motion to </supplied> </unclear> to <unclear rend="written" unit="chars"> <supplied>dismiss <lb/> suit</supplied> </unclear> </p> <closer> <unclear rend="written" unit="chars"> <supplied>filed</supplied> </unclear> <date when="1848-02-12"> <abbr>Feb</abbr> 12th 1848</date> <lb/> <signed> <unclear rend="written" unit="chars"> <supplied> <persName> <choice> <orig>Jn. Ruland</orig> </choice> </persName> clerk</supplied> </unclear> </signed> </closer> </div1> <div1> <pb facs="6812_012.tif" n="012"/> </div1> </body> </text> </TEI> <TEI xmlns="http://www.tei-c.org/ns/1.0" > <teiHeader> <fileDesc> <titleStmt> <title>Motion to Dismiss

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.

 Motion to Dismiss Garland Alexander Wells, Joseph St. Louis Circuit Court Elsa Hicks a Slave Plaintiff vs Patrick McSherry Defendant Suit for freedom in the St. Louis Circuit Court . of February 1848

Now at this day appear Elsa Eliza Mitchell James Mitchell & Blair Mitchell under twenty one years of age by Lewis Burwell next friend who claim to be the owners of the said mulatto woman Elsa Hicks and move the court, to dismiss this suit for the following reasons

1st There is no lawful Defendant to the cause.

2nd - Said suit was instituted and is prosecuted by collusion between said Plaintiff and De-fendant for the purpose of enabling said petitioner defendant to acquire an apparent right to freedom to the annoyance & prejudice of the real owners.

3. Said McSherry never claimed said slave Plaintiff to be his slave never set up any pre-tension of title to her, never withheld her liberty from her, but her residence with him was free and voluntary, and he has been selected as a sham defendant, in order that judg-ment of liberation might be obtained as aganist him, without any serious resistance.

4.Before, at and since the institution of said suit said McSherry against the will of the owners of said Plaintiff has entertained and harbored her, has encouraged her in re-maining as a fugitive, has at all times disclaim-ed any claim of title to or ownership of said plaintiff, and expressed his opinion that she was free and has recently sworn to the same thing and under such circumstances it would be a mockery to continue the suit, when the defen--dant and Plaintiff are both eager and anxious that the same judgment may be ren--dered, the Defandant at the same time hav--ing no claim to or interest in the property.

5 The affidavit of the Plaintiff that she was held in slavery by Patrick McSherry , on the strength of which affidavit she obtained permission to bring this suit was false and groundless.

6. Said Defandant McSherry has taken no efficient measures to defend said suit, he did not insist on her giving se--curity for costs nor did he make application to have her hired out during the pen-dency of the suit; but has ever since permitted her to remain freely and voluntarily at his own house, with her consent.

Garland Alexander & Wells attys for plff in this Matter Sheriff's Memorandum to Judge

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

 Sheriff's Memorandum to Judge Conway, Samuel St. Louis Circuit Court To the Judge of the Circuit Court of St. Louis County in the State of Missouri .

I Samuel Conway Sheriff of said county respect-fully state that under an order of said court I have the possession of a mulatto woman named Elsa Hicks alias Alice and her infant child-, which mulatto wom-an & child are now confined in the jail of said county that I am informed that said mulatto woman has now in said court a petition for her freedom in which she is the petitioner against one Patrick McSherry defendant . I state that said woman & child came to my possession on the day of February last. & that she has remained in jail even since that time. that the order of said court by virture of which I took & have the possession of said mulatto woman & child requires that I hire her out to the best advantage from time to time during the pendency of said suit with Patrick McSherry & take bond from the hirer payable to the State of Missouri &c conditioned for the payment of the hirer give the said woman reasonable liberty of attending her counsel & the court &c. I state that I have tried to hire said woman out on the terms prescribed in said order . that I have not been able to hire her at all on said condition , & that I think there is very little probability that, I shall be able to dispose of said woman & child on the terms prescribed. I state that since said woman & child have been confined in jail the health of hath of them appears to have become impaired . the woman has reduced in flesh & looks badly , that from the best information I can get there is no probability that her suit with McSherry will be tried before the next fall Term of this court and that if she shall remain in jail til said suit is the consequences will probably very serious to her health & to that of her child & may be fatal to one or both of them. I state that I am informed & believe that there is no security given in said suit for the costs of her keeping in jail. & that if her suit shall dis-missed I know of no responsible party who will be liable for the expence of keeping her in jail.

I state that I went to the jail on yesterday and conversed with said woman & told her that I was unable to get a house for her under the circumstances & that she would probably remain in jail so long as She kept her suit pending against McSherry . She denied that she had sued McSherry . I told her her petition against McSherry signed by herself was on file in said circuit court. She declared that if it were so It had never been read so to her, she said that McSherry had never held or attempeted to hold her in slavery. & that she never had authorized a suit against him. But that she had intended to sue a Mr Mitchell , I therefore pray that If I am required to perform further duties & to further expences with said negro. that the court will cause some security to be given for my costs & expences & trouble so required. Or if it shall appear to the court that. Said petitioner does not desire. the of said suit against said McSherry . that I may be discharged from further duties in relation to her.

Saml. Conway Sheriff St. Louis County </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 rend="horizontal"> <pb facs="6812_017.tif" n="017"/> <p>Order <ref target="TBD">18.p 342</ref>.</p> </div1> <div1 legalFunction="Caption" rend="vertical"> <pb facs="6812_017.tif" n="017"/> <head> <unclear rend="written" unit="chars"> <supplied>Saml Conway Sheriff <lb/> vs <lb/> <sic> <persName> <choice> <orig>Eliza</orig> </choice> </persName> </sic> Hicks</supplied> </unclear> </head> <p> <unclear rend="written" unit="chars"> <supplied>Petiton</supplied> </unclear> </p> <closer> <unclear rend="written" unit="chars"> <supplied>Filed</supplied> </unclear> <date when="1848-06-09">June 9, 1848</date> <lb/> <signed> <unclear rend="written" unit="chars"> <supplied> <persName> <choice> <orig>Jn. Ruland</orig> </choice> </persName> clk</supplied> </unclear> </signed> </closer> </div1> <div1> <pb facs="6812_018.tif" n="018"/> </div1> </body> </text> </TEI> <TEI xmlns="http://www.tei-c.org/ns/1.0" > <teiHeader> <fileDesc> <titleStmt> <title>Reply of Attorney for Mitchell Children to Sheriff's Memorandum

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.

 Reply of Attorney for Mitchell Children to Sheriff's Memorandum Wells, Joseph St. Louis Circuit Court State of Missouri St Louis County

I Joseph B Wells State, that from papers now in my possession I believe that the Mulatto woman. Elsie Hicks now in jail in said County plaintiff to a suit for her freedom now pending in said court the circuit court of said county against Patrick McSherry defendant & her infant child are the property of four minor children namely Elen Elza Mitchell, Edward Blair Mitchell , Charles Samuel Mitchell and James Burwell Mitchell that I am informed and believe that all said persons are Minors under fourteen years of age. and in capable in law of taking care of their estates , that they at present reside in the state of Virginia . that I believe neither of them have a Guardian curator in the state of Missouri , I state that I heard the said Elsie declare that she never authorized the said suit against McSherry . I state that I have been informed & believe that the said Else has been harboured in the city of St Louis . for a considerable length of time , so that the friends of her Owners have been unable to get the possession or controll of her, that I surely believe that if the said Elsie shall be discharged & released from custody while there is an order of said court prohibiting her remov -al from said county there will be strong reasons to appre-hend that she may again be taken & harboured by persons with abolitionism & that her owners and those who may be disposed to take care of their interests may again be unable to find or get her. I state that Joseph Neal informed me . that on the 10th when there was some probability that said Else would be released from custody One Rev. Joseph Tabour . who has been strongly suspected of being an abolitionist . Came to the state of the said Neal & tried to hire the said Neal to take said Elsie in the event that she should be discharged in a carriage. & convey her to the house of him the said Tabour , I state that after I got this information from said Neal . I Enquired of the attorney of said Elsie . What this Tabour had to do with the negro or how he was connected with the controv -ersey about her he said Tabour had nothing to do with the matter in any way I state that I have seen enough to satisfy me . that to turn said Elsie loose again while said prohibitory order is in force. would be to hazzard & the rights of her owners to all the unfortuante influences that abolitionists may exert upon slave property. On this of a slave country. I state that I believe there are in disguise in this community . as as can be found disgracing that name & I submit to the court whether the property in question. assuming it to be the property of infants should by the act of the court be exposed . to such injury as may result to it by placing it in the search of those whose & induce them to disrespect & to prostrate so for as they can all rights to such property-

Joseph B Wells Atty For Owners of said slave Samuel Conway Shff . v Elsey Hicks .

Filed June 12 1848

Jn. Ruland clk Judge's Orders

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

 Judge's Orders St. Louis Circuit Court

The Court being satisfied upon proofs , that the Sheriff has hitherto been and is still unable to hire out the petitioner under the order of the Court heretofore made for that purpose , and it appearing further more, that the said petitioner and her infant child are in confinement in the jail of this County, and that their contin-uance in such confinement will be highly prejudicial to their health, it is ordered that the former order of the Court directing the sheriff to take care said petitioner and her child into his custody for the purpose of hiring out be so far reconsidered as to the said petitioner and her child be released from con- finement in the said County jail.

And it further appearing to the Court, that and parties other than said De - fendant . minor and non=residents, who claim title to the said petitioner, her who from peculiar circumstances, to the Court, and under the advice of their counsel, decline and are un- willing to make themselves parties to said suit , Believing that such a cause would be prejudicial to their rights; in view of its promises, the County a= ttention respectfully requested to receive the said petitioner and her child into the known as the County pain ,” until the determination of the said suit, her labor in the mean = time to be applied towards her support; And the Sherrif of this County is hearby ordered to carry this order into effect .

 Judge's Order

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

 Judge's Order Garland Wells, Joseph St. Louis Circuit Court Elsa Hicks vs Patrick J McSherry

Suit for Freedom

It is ordered by the court that Lewis Burnwell enter into a recogniz - ance to the state of Missouri in the sum of $1000.00 dollars with sufficient security conditions that he will not remove the Petitioner in this cause out of the jurisdiction of this court

It appearing to the satisf -action of the court that Lewis Burnwell has failed to enter into the recognizance which he was ordered to enter into in this cause. It is ordered that the sheriff take the said petitioner into his possession & hire her out to the best advantage from time to time during the pending of this suit & that he take bond from the hirer payable to the state of Missouri in the sum of $500 dollars with good security that the will not remove said petitioner out of the jurisdiction of this court that he will pay the hire to the sheriff & return the petitioner at the expiration of the term for which she is hired or as loan as this action is ended.

Garland & Wells