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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.
and of her
To the
Judge of the
Your petitioner
prays of your Honor, for leave to sue as a poor person,
in order to establish the right of herself and of her
minor son
alleges the following reasons:
That she is the daughter of one
Dickson, now deceased
1st That said
person of color, purchased your petitioner for the purpose
and on the condition that she should be free-
2nd That in as much as a free person of color cannot
hold a slave in the
of petitioner by her Mother operated as a deed of manu
mission
3rd That subsequently to her purchase of peitioner
4th That previous to the death of the said
alias
her of your petitioner, your petitioner and her child
with the knowledge and consent of the said
of color and contracted as such with other persons.
Your peitioner further represents that
her said son
City about
pation of your petitioner, is now about fourteen
years old & has always with the knowledge
&
Dickson been considered a free person
and so
Wherefore your petitioner prays the privilege
of
of herself and of her child,
by the
against
trator of her Mother the said
Dickson claims the possession of your petitioner
and of her child-
The said
eration thereof, it is
alias
security satisfactorily to the Clerk, for all costs
that may
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
her child
satisfactorily to the Clerk, for all
may be
reasonable liberty to attend their counsel,
and the Court as occasion may require
that they be not removed out of the jurisdiction
of this Court, and that be not subject to any,
severity on account of their application
for freedom-
Lousia-
In the matter of
the application
of
Order granted 29 p 116.
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To the
I hereby agree to be liable for all costs
which may
action which may be
plaintiff, I hereby
plaintiff for the cost,
vs
Bond for costs
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Plaintiff by H.C. Sharp her Attorney
states that defendant is Administrator
of
mother now deceased .
That defendant as such Administrator
claims the possession of plaintiff and of
plaintiff's child a
as slaves of the estate of said
Plaintiff further states, that she was purcha
sed by her Mother the said
that she should be emancipated, and that
subsequently she was
by
Plaintiff further states that
teen years have
emancipation and during all that
period up to and at the time of the decease
of her mother, she plaintiff and her child
were always considered and regarded as
free persons, and as such
selves and all this with the knowledge
and consent of the Mother the
said
Plaintiff
son
the date of plaintiff's emancipation by her Mother.
Plaintiff therefore prays judgment of the
freedom of herself and of her son
and for one
says that the above petition and matters
as therein stated, she believes to be
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
of color
vs
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We command you to summon
to appear
before the Judge of our
held in the
complaint of
as set forth in the annexed petition: and have you then there and this writ.
I acknowledge myself bound for all costs that may accrue in the case of
against
Witness my hand and seal, at
Afft filed appeal allowed 30p 112.
vs
Summons
Pet. for freedom
Excuted this writ in St. Louis County this
of this writ and Petition as furnished by the Clerk
to
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vs
Defts answer
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Defendant in answer to plaintiff petitions,
states, that it is true as alleged by plaintiff in her petition
that he defendant is administrator of the Estate of Elizbeth
Dickson
claims the prossession of plaintiff and of plaintiffs child
Geroge as slaves of said Estate of
sed, Defendant further
knowledge or information sufficient to form a belief
as to whether or not the plaintiff was purchased by her
mother
be emancipated or that she was subsequently eman
cipated by the said
dant further says that He has no knowledge or informat
tion sufficient to form a belief whether or not 17 years
have
ther during all that period, and up to the time of the
always considered and regarded as free persons and
as such conducted themselves, or whether this was
with the knowledge and consent of the
proof, Nor has defendant any knowledge or infor
mation sufficient to form a belief as to whether
to the date of plaintiffs alleged emancipation by her
Mother. Defendant for further answer says, that
said Plaintiff is not entitled to her freedom or the
freedom of her son
& properly Slaves belonging to the Estate of Elisabeth
Dickson or Dickenson deceasers, Wherefore defendant
of any kind, whatever against him & prays Judgment
makes oath and says that he believes the fore
going answer and the matters as therein stated
are true
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The Deft. moves the
Court for a new trial
1st Because The verdict is against law
2 The verdict is agst evidence
3 The
unproperly instructed the jury
4 The Court refused proper
instructions asked by Deft.
5th The Court
proper and illegal evidence to go to the jury
vs
Ad.
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of Defendant makes oath and
says the appeal in the above
cause is not made for
or delay but because
acquired by the judgment
and
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vs
Bill exceptions
filed
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Be it remembered that on the trial
of this
as a
testified as follows-
I
in
that time
her living
I think - for many years
has lived on an alley between
Biddle and 12th & 13th Streets - I think
keeping
did not live with her never did to
my knowledge
live and act
life
ruled
Answ - for the
she has lived in that
managed her own affairs she
did washing there - I dont know
Plaintiffs mother lived on 6th street
between
had her son living
know his name but think it is
knowledge know of that
to
lived at
she went &
She was two or three months ago
her mothers death. Dont know that
I ever saw her & her mother
than once or
returned from
not return
I knew her twelve or thirteen years
She lived by herself & owned I
going to
I only
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John
did not know
has lived here all the time I have
12th & 13th streets -
had a husband who
son named
different persons on her own
she went to
her
whom I freed - I knew of a
pondence between them. letter passed
thro my hand. I was
City at the time - plaintiff applied to
me for a pass to
I as
a
this city - I also
free person to
she got this
& I then
free person. her husband is dead
after plaintiffs return from
she lived where she now lives with her
I knew of some $ 500 or $ 600. I knew
of her having
I have
her transactions I have known
in her
plaintiff
What I have stated is my any
of knowledge that this
I have known plaintiff between 8 &
9 years - knew her Mother
have known her 18 or 19 years - she is
dead - she died in
streets - she owned the house it now in
property she
alley - I
her
I saw
common
think I
her
plaintiff supported herself & child - she
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her
I know
&
&
she worked for herself & supported herself -
I knew her mother. did not know whether
she was a slave a not she passed as a
woman - She lived many years on
and on 6th streets. I often saw her in the
moved to
of plffs mother you heard her say to plff anything
as to
objected to
Answer - I did about
died hear her mother say that
I
was going to
at market
then
could get
I made the
& her child should
after her death - This was at the
of Riddle street & alley - I asked
her property - I asked her nothing about
it. she lived with
I think & then she moved to her
& lived there all the time except when
she was in
Cross Examined
child should be
I reside on 13th street between
Riddle streets & have known
for 8 or 9 years. she lives in the
with me - I knew her mother 4 or 5 years.
she lived on 6th street & between
10th & 11th strrets & there died - plff was
plaintiff lived out of this state with
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her husband at
year and a half ago.- her husband
died at
& lived &
lived before - plffs mother
her about a month before she got
her
told me
at her death. This was while she
tiff acted as a free person
knew she rented the house - she
worked for the many to pay the
Louisas mother told me that plain
tiffs
of her property at her death She told
me this
street
plaintiff - I saw her frequently
the day -
I went to my
near joining - I
to see her when he wanted washing done
&
we were friendly but not
I saw her sometimes every day -
she eat sometimes
her - her mother
her - Dont know
pay - or only staying with her daughter.
knew plffs husband -
I
Mr.
as
I dont know who is his father - hard
to tell who is a childs father now a days - I have
children. I know the
children - when I say I dont know
I have known plaintiff
eight years, have known her
mother about same time
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about two months. This was about a
year and a half ago. She returned
there to
returned here after her husband died at
mother gave up her
tiff about one month & then
washing
from her own house - during her
life time. I heard
that Louis a was as free as she was, that
she never bought her to be a slave for
any person. I have heard her say that often
I suppose one hundred
knew plaintiffs mother well. I lived
about five years in the same house
she lived in. I heard her
plaintiff often during that time -
always when she spoke of her
she said "plaintiff was free, as
as she was
was free as well as his mother, and
that all the
I have heard her say this more than
once. I lived at same house
Conversations I have
frequent -
say so -
going to
stay as long as she pleased. she said
she did not care whether she
what her
If her husband had not died she
would have remained there. I know her
mother knew all about it - I heard
plaintiff say in her mothers
she
her husband. she did not say in her
mothers
then - Her mother said "go along &
stay as long as she pleased she did
not care if she never came back -
plaintiffs husband was then living
in
plaintiff always came when she was
sick, & when she would get well, plff
would go home again -
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go two or there times a year to
return her
I live on 7th Street
a year the 10th of
one year on
lived on 6th
then when she bought the house, that
was five years ago. I left there two
years ago.
It might be more than two years
before
I rented from her. have known
five years - I am
I lived at that home I was not
married, I lived by myself -
than this - I always heared her say
plaintiff &
herself, of
her talk about other
was
she had bought
she never bought her to be a slave
she said her property was to
at her death I recollect it
slave; from the time I first
knew her, I heard her often say
frequently plaintiff was free
was as free as she was
Deft
exception
plaintiffs
say that
could go where she pleased. I
cant say
her say this, have heard her say
this at different times for the
last twelve years - she said
she
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to plaintiff & her child
I heard her say this in
The foregoing was all the evidence
given or offered in the cause
The Defendant then moved
the Court to give the following
refered by the Court (Here
copy instructions asked by
deft
Deft
The Court
instructions (here copy it)
to which Defendant excepted
The jury found a verdict
for plaintiff - That she
was a free
his
as follows (here copy it)
and which was by the
And defendant now he
and part a part of the
record
is
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Now again come the parties aforesaid, by their respective attorneys, and
the Court being now sufficiently advised of and concerning the premises, doth
consider and adjudge that the judgment rendered herein by the said
and effect, and that the said
said
have execution therefore
I,
of the
complete copy of the judgment rendered in the above entitled cause, as fully as the
same remains of record in my office.
vs
Hart
Mandate.
Judgment
Affirmed
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Continued by
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Refused
At the
the Jury are instructed to find for
the Defendant - on the case made by
the Plaintiff-
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the Plantiff
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Refused
3 The Jury are instructed that the
question for their determation is
not whether
to emancipate
in fact she did so emancipate her
by
last will or other instrument in
seal, attested by two witnesses &
proved in the
Louis County , or
in said Court- and there is no
legal evidence of such emancipation.
in the cause:- The Jury will
therefore find for the Defendant.
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Refused
If the Jury find from the evidence that
with the intention of setting her free at her
death, but did not do so, or otherwise
ought to find for the Defendant.
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Refused
The Jury are instructed that under the
evidence in the cause they are not
to presume that the Plaintiff
in
by
Refused
The Jury are instructed that under the
case made by the plaintiff neither
nor george are entitled to freedom. And
the Jury will find for the defendant as
to both
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Refused
The Jury are instructed that though
they may find from the evidence
in the Cause that
the said
to emancipate her, and after said
purchase permitted her to act as a
free person, not subject to the control
of said
period of the death of said
and that
said
purchase - such facts did not
work an
the said
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The Defendant asks the Court to instruct
the jury
Refused
That it is admitted by the pleadings
of Plff in this case that she was purchased by her
mother, and the only question for the Jury to
decide is whether she has been
and set free by her mother according to the
laws of
instrument in writing under her hand and
attested by two witnesses and proved in the
Circuit of the County where she resides, or
acknowledged by her in open court
Refused
If the jury further find in addition to
the facts contained in the first instruction
that the mother of the plaintiff bought
to set her free at her death but did not
do so they will find for Defendant.
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Refused
The Jury are instructed that the question
for their determination is not whether
but whether
in writing under her hand and seal, attested
by two witnesses and proved in the
Court
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given
If the jury find from the evidence that
birth of
for the purpose of securing her freedom
that she treated
and as a free person - That she per
mitted her to live by herself and to
act as a free person - that she allowed
her to go to
there as long as she pleased - that on
her return after the death of her
husband she permitted her to
alone - that she allowed her in all
respects to act and deal as a free person. -
that she frequently declared that
her property at her death to
or to
Jury are
the Plaintiff is a free person
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The plaintiff asks the Court to
instruct the jury as follows.
If the Jury find from the evidence
that
woman, and that plaintiff was the
child of said
is that plaintiff is free.
so the jury should find
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Refused
It is not necessary that it shall be proven
by any writing that plaintiff was
and circumstances in evidence.
Altho therefore the jury may
believe that plaintiff was at
one time the
evidence that fourteen years or
more before her death, said
treated her as a free
and plaintiff lived to
free, contracted and
a free
and
then the jury may presence
and was
Instructions
Plff & Deft
refused
vs
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Refused
It is not
to establish her right to freedom
by
be
evidence - If
evidence either positive or
she was
they will so find -