William vs. Stephen Smith This electronic document is published as part of the St Louis Circuit Court historical records project.

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 July Term, 1827 May 9, 1827

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

 William vs. Stephen Smith July Term, 1827 May 9, 1827 William Smith, Stephen Trespass for freedom 16 St. Louis Circuit Court Carr, William C. Gamble, Archibald Simpson, R. Spalding, Josiah Geyer ED performed final review of legal encoding TY deciphered vendor's unclear tags through entire document. TY proofread and corrected transcription errors through entire document. TY found no index of returns references through entire document. EC added legal information Complaint Order Granting Permission 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.

 Complaint Spaulding, Josiah Gamble, Archibald St. Louis Circuit Court Order Granting Permission to Sue as a Poor Person Carr, William C. Gamble, Archibald Geyer Simpson, R. St. Louis Circuit Court St. Louis Circuit Court For the July Term therof in the year of our Lord one thousand eight hundred and twenty seven

County of St.Louis SS: William a free negro boy held in slavery being permitted to sue, as a pauper, by J. Spalding his attorney assigned to prosecute this suit, complains of Stephen Smith of a plea of trespass . For that said Smith on the first day of May in the year of our Lord one thousand eight hundred and twenty seven at the County aforesaid, with force and arms &, C, assaultded did make upon him said William and then and there beat bruised and ill treated him said William and then and there imprisoned him and kept and detained him a prisoner there without any reasonable or probable cause whatsoever for a long time to wit hitherto , contrary to law and against the will of said plaintiff and then and there held and detained said plaintiff in slavery and still holds and detains him in slavery and then and there did other wrongs to said plaintiff to his damage of five hundred dollars and therefore he brings his suit &, C,

J. Spalding atty County of St Louis Ss. The State of Missouri To the Sheriff of said County Greeting

We command to summon, Stephen Smith that he be and appear before the Judge of our Circuit Court at tht next Term thereof to be held at the City of St Louis within and for the County of St Louis on the fourth monday of July next then and there to answer to William a free Negro boy held in slavery of a plea of trespass to the damage of said plaintiff of five hundred dollars and have you then there this writ,

Witness Archibald Gamble Clerk of our said Court at Office this sixth day of May in the year 1827 Archibald Gamble Clerk St Louis County- Before William C. Carr Judge of the St Louis Circuit Court at Chambers this ninth of May 1827

On reading the within petition and the annexed affidavit and being of opinion that said petition contain sufficient matter to authorize the commencement of suits for freedom in the name of each person within named claimed as a slave, it is ordered that said Milly , Harry Dick , William & David Shipman be permitted to sue as poor persons to establish their freedom respectively and that Josiah Spalding be assigned as their Counsel, it is further ordered that the said petitioner have reasonable liberty to attend their said Counsel & the said Court when occasion may require and that said petitioners shall not to taken or removed out of the Jurisdiction of the St Louis Circuit Court where said suits an to be commenced nor shall be subject to any severity of treatment an account of this application for freedom, and being satisfied, that the said petitioners are about to be removed out of the Jurisdiction of the St Louis Circuit Court if is further ordered that the within named Stephen Smith (who is to be made defendant in said suits shall enter into a recognizance with a sufficient security conditioned that the petitioners shall at all times during the said suit have reasonable liberty of attending their counsel; and that said petitioners shall not be removed out of the Jurisdiction of said St Louis Circuit Court .- and at further appearing that said Smith refuses to enter into said recognizance it is hereby ordered that the Sheriff of St Louis County take possession of the petitioners and hire them out to the best advantage from time to time during the pendency of said suits and that he take a bond from each person hiring any of said petitioners in the penalty of Three hundred dollars for each person hired out exclusive of the infant conditioned according to law. Given order my hand the day & year above written Will . C. Carr Judge 3 J Circuit

A True copy of the order Arch Gamble Clerk

And the said Stephen by Geyer his attorney comes & defends the force & injury when C C & says that he is not guilty on manner & force as the plantiff hath above there complained against him & of this he puts himself upon the county filed July 29th 1827

A G Clk

Executed this writ on Stephen Smith May 10. 1827 in the City of St Louis by informing said Smith of the contents & objects thereof and his acknowledging the service of the same

R Simpson Sheriff service $ 1.00 No 16 July Term 1827 St Louis Circuit Court

William vs. , Stephen Smith

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trespass for freedom, Issue summons,

J. Spalding atty Filed 9th May 1827 Archibald Gamble Clerk Special Verdict Book 5 page 293 Judgement 5 page - 538 A.Gamble clerk