Susan, a free woman of color v. Henry Hight

Susan, a free woman of color v. Henry Hight This electronic document is published as part of the St Louis Circuit Court historical records project.

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May 2, 1817 February Term, 1818

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

Susan, a free woman of color v. Henry Hight May 2, 1817 February Term, 1818 Susan Hight, Henry Assault and Battery False Imprisonment Trespass 127 Missouri Supreme Court St. Charles Circuit Court Cook, John D. Jones, John Rice Green, Jason Christy, William Devore, J. Parmer Thompson, William McGirk, Mathias Benton Barton, J. Easton Whitesides, William B. PM proofread through lines 26 MM proofread and corrected vendor's unclear tags through line 99,232 MM proofread and corrected vendor's unclear tags through line 266, jpg 19 MM proofread and corrected vendor's unclear tags through line 368, jpg 29 MM proofread and corrected vendor's unclear tags through line 385, end of case KT added legal encoding GAL reviewed text-orientation rends Plaintiff's Petition for Leave to Sue

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 McGirk, M. Christy, William St. Charles Circuit Court To the Honorable the Judge of the Circuit Court of the Northern Circuit of the Territory of Missouri sicting as a Circuit Court in and for the County of Saint Charles

The Petition of Susan a free black woman humbly showith. That some time above the year one thousand eight hundred and ninety one James Royall removed your petition from the state of Mary land into the then Indiana/now Illinois ) Territory) and continued to reside in said Territory keeping your petitioner in his possession until some time about the year the thousand eight hundred and twelve. when your petitioner was removed to the now Missouri Territory, and has ever since been held as a slave by the plaintiff Herny Hight who as your petitioner has been informed is administrator of the estate of the what of the said James Royal now decreased . That your petitioner has been informed that in consequence of having been removed into the Indiana Territory as aforesaid and having resided there for the time aforesaid the is entitled to her freedom by order of an ordinance and of Congress papers for the Government of said Territory. Wherefore your petitioner prays that your honor will order that an action may be instituted against the said Henry Hight on behalf your petitioner for the purpose of accu=ering her freedom if she be entitled to it and that counsel may be assigned your petitioner to assist her in conducting said suit and that such other order may be made as is necessary in this behalf And your petitioner will ever pray &c

2nd May 1817 Susan by M"M Girk Susan free woman vs H. Hight

filed 2nd May 1817 Wm. Christy for C.C. Affidavit of Willliam B. Whitesides

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 of Willliam B. Whitesides Green, James Christy, William St. Charles Circuit Court

William B. Whitesides states that he knew a negro girl named Susan to be in the possession of James Reyal in the now Illinois Territory for about two years preceding 1812 when the said Reyal removed the said girl from said Territory to the now Missouri Territory. and that he understands and believes the said girl is now in the possession fo Henry Hight of St Charles County .

William B Whiteside Sworn to and subscribed before me a Justice of the peace for St Charles sournthy the 30th April 1817 James Green J F

Susan Negro Girl affidavit Wm B. Whitside

Filed 2 May 1817 Wm. Christy JC Affidavit of M. McGirk

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 of M. McGirk Christy, William St. Charles Circuit Court Territory of Missouri Country of Saint Charles Sct.

Personally Came before me William Christy for Clerk of the Circuit Court for the County of Saint Charles in the in the Town of Saint Charles , M. McGirk and do state on oath that he knew a certain Negro girl named Susan to be in the possession of Henry Hight administrator of Jam es Rain Deceid, and the said Hight claimed the said girl a the property of said Rain Deceased. and she has been claimed and is yet claimed by Hight Hight as a slave one under hire to some one in St. Charles by said Hight

And I have often heard Henry Hight say that said Susan did come from within Illinois Territory and that she has resided with one James Royal There for some time

M . McGirk Sworn into & Subscribed in open Court 2 May 1817 M. Christy Jc. Summons of Henry Hight

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

Summons of Henry Hight Christy, William Parmer St. Charles Circuit Court Territory of Missouri County of Saint Charles Sct. The United States of America To the Sheriff of the Country of Saint Charles_ Greeting

We Command you to Summon Henry Hight if he be Found in your County to be and appear before the Honorable the Judge of our Circuit Court to he holden for the County of Saint Charles at the Court House in the town of Saint Charles on the Fourth Monday in November next. Then and there to answer Susan N Free Black Woman of a Plea of Trespass with force and arms. To The Damage of the said Susan of Five Hundred Dollars And have you then thre and this writ.

Witness William Christy Junior Clerk of our said Court at Saint Charles the Ninth day of June in the year of our Lord one thousand Eight hundred & seventeen and in the Forty first year of the Independance of the United States Wm Christy J.C.

Executed Sheriff Sheriff $ 1,,50

Susan a free woman vs Henry Highte

Mar. Jmp.

Dam $ 8. 00

To the Clerk let a summons issue to Nov term 1817 M Girk somptines attor on the fourth Monday in November McGirk

filed the 26th May 1817 Wm Christy JC C.C.C.

Executed in the Township of Portage des Seoix on the 24th day of July one Thousand eight hundred and seventeen

Parmer Dept Shff

Susan a free woman Henry Hight

Subpoena of William Thompson

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

Subpoena of William Thompson Christy, William Devore, J. St. Charles Circuit Court Territory Of Missouri , County of St. Charles . ss. The United States of America the Sheriff of said county. Greeting:

are hereby commanded to summon William Thompson that all excuses and delays set aside he should appear before the Judge of our circut court, at the next february term on the first day thereof, to the truth of his knowledge a certain matterof controversy in the said court depending, between Plaintiff and Defendant, the part of the plaintiff hereof not to fail not at your peril, and have you then there this writ.

Witness, of our said at Saint Charles , this day of in the year of our Lord one thousand eight hundred and eighteen and in the forty second year of the Independence of the United States ,

case - A a slave in Indiana , sues B her master then, gets Judgnent of freedom resides there- the master 5 years after moves to Missouri , gets possession of A in Missouri_ A sues in Aug same, can A recover?

The Circuit Court at St Louis have said Aimle be a slave

issue All

no 127 October S. 1820 Circuit Court February Term 1818 Susan a Black Jr vs. Henry Hight

Sum

William Thompson

Executed in the Trespass Saint Charles in the 9th day of February 1818.

J. Devore to June.

1 Service $. 0.3 Mileage .53 0.83

Defendant's Demurrer to Replication

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

Defendant's Demurrer to Replication Barton, J. St. Charles Circuit Court Henry Hight ads Susan a Blackwoman February Term 1818.

And the said Henry Hight saith that the said replicaton of her the said Susan and the matters and things therein contained are not good and sufficient in law to enable her the said Susan to have and maintain her said action thereof against him the said Henry and this be the said Henry is ready to verify- Therefore for want of a sufficient replication in this behalf the said Henry prays judgement and his costs to be adjudged to him M

And for cause of demurrer in this behalf according to the form of the statue in such case made and provided. The said Henry sets down and shown to the Court here the pace owing came of demurrer to the said replication that is to sa;, That the said replication takes a after a and tavern the movement to the defendants Tavern .

J. Barton for Deft H. Hight ads Susan

Demurrer to replication

Filed Feby. 24th 1818 Wm Christy Jr. C.C.C. Defendant's Plea

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

Defendant's Plea Barton, J. Easton McGirk, M. Christy, William St. Charles Circuit Court In the Circuit Court November Term 1817. Henry Hight ads Susan as a Wack woman

And the said Henry Hight by J. Barton his attorney comes and defends the force and injury when M and sath that the said Susan ought not to have and maintain her said action thereof against him because he saith that the said Susan before and at the time when The said trespasses and imprisonment are above supposed to have been committed was and still is the slave of him the said Henry Hight towit: at the County aforesaid, this that the said Susan at the time was and still is free in manner and form as the said Susan above in her declaration supposes. And this he the said Henry Hight is ready to verify wherefore he prays judgement M

J . Barton & R. Easton atts for the defendant

And for further plea the said Henry Hight saith he is not guilty in manner and form as the said Susan above in her declaration supposes and of this he puts himself on the Country

easton J Barton for for deft_ Henry Hight ads Susan slave

plea

Slavery pleaded in in her

Plea plea: cancelled replication within 27 feby 1818.

.W.C. J.C.C.C.

Susan a free Black woman vs Hight

Replication

And the said Susan by M McGirk her a attorney says that for any thing alleged by said Henry in said first plea she ought not to be heard nor preeluded because sha say that she nor is not a slave free in manner and form as she said many has alleged in his said fond plea declaration and this she prays maybe ofly the Country

M. McGirk

And as to the record plea of the said Henry in this behalf above pleaded wherein he puts himself on the she the said Susan Doth of like

M McGirk attor for pltff. Filed the 29th Nov. 1817. Wm Christy Jr C.C.C. Subpoena of William Thompson

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

Subpoena of William Thompson Christy, William Parmer Devore, J. St. Charles Circuit Court Territory Of Missouri , County of Saint Charles . ss. The United States of America to the Sheriff of said county --Greeting:

You are hereby commanded to summon William Thompson that all excuses and delays set aside he be and appear before the Judge of our circuit court, at the next June term on the first day thereof, to testify the truth of his knowledge touching a certain matter of controversy in the said court depending, between Susan a Black Girl Plaintiff and Henry Hight Defendant, on the part of the plaintiff hereof he is not to fail, and fail not at your peril, and have you then and there this writ.

Witness, William Christy , Junior , clerk of our said court at Saint Charles , this twenty second day of april in the year of our Lord one thousand eight hundred and eighteen and in the year of the Independence of the United States , the forty second Wm Christy Jr Circuit Court June Term 1818 Susan a Black Girl versus. - Sup - Henry Hight_

Summon

William Thompson

Sheriff fees

1 Service 33 Millage 60 Cts .93

Executed in the Township of Portage de Seioux on the 25th May 1818

Wmh J. Devore Shff By Warner Dept. Shff Recognizance Bond

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

Recognizance Bond McGirk, Mathias Christy, William St. Charles Circuit Court

Know all nearby then Presents that I Mathias Mc Girk Esq our recognized held and firmly bound unto Henry Hight administration &c. and to the officer of the Circuit Court of the County of Saint Charles in the sum of one hundred dollars lawful money of the United States_ for the payment of which well & truly to be made I do hereby bind myself my heirs executors & administrators firmly by there signed with my hand & dealed with my deal then 27th day of June 1818

The Condition of this recognizance is such that whereas Susan a Black= woman plaintiff as a suit for her freedom instituted against Henry Hight, administration of deceased has at the present June Term of the Circuit Court of the County of Saint Charles in the year above written appealed from the Judgment of said Court in the suit afore=said, now therefore if the said Mathias McGirk Esqr. shall well and truly pay all the was to which the said Defendant of the officers of the Judgement of the Circuit Court is confirmed in the Supreme Court on the appeal of the said Susan the this recognizance or bond to be void otherwise to be void otherwise to remain in full force & virtue.

Jsst. M. M. McGirk

Wm Christy J.C.

Boues $100 M . McGirk . on appeal. for Susan a black girl

filed 28th June 1818 W. Christy Jr Clk Record of Appeal

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

Record of Appeal Christy, William St. Charles Circuit Court Missouri Supreme Court State of Missouri Country of St Charles Ss

At a a Supreme Court held for the second Judicial District at the Town of St Charles . On Monday the Twenty fourth day of September, in the year of our Lord One Thousand Eight hundred and Twenty one Were Present Mathias McGirk

John D Cook of said Court

Be remembered that heretofore, to wit on the 26th day of March in the year of our Lord Eighteen hundred and Twenty one was sent hither from the late Superior Court of the Territory of Missouri for the Northern Circuit the Transcript of the record of a Certain ap peal. Between Susan a Black girl who sues for her freedom and Henry Hight in the Words and figures following. To Wit

August Term 1818

September 10th Continued by Consent. September Term 1819.

October the fourth

The parties appear by their attornies Whereupon Mr McGirl suggests adimi--nstration and thereupon . It is ordered that a the Circuit Court of the County of St Charles . Commanaing the said Court to Complete the said Record .

Susan a Black Girl vs Henry Hight

An Appeal Continued.

Susan a Black vs Henry Hight On Appeal The Court align William Smith Esqr as Councel for the appellant. Tuesday the 25th September 1821.

And now as this day came the practice by their Attornies aforesaid but because the Court now here is not yet about giving payment of and Concerning the said premises. Any is therefore given to the said prairies Come before the Court untill Common 9.O clock to here Judgment of and upon the premises.

Thursday Morning 27 Sept. 1821 Were present John Cook & John Rici Jones of said Court Susan a Black Girl vs Henry Hight. Appeal certified from the Superior Court 3

The Court being sufficiently carried of & Concerning the premises; and because there is manifest, and in the proceedings of the said Circuit Court apparent on the face of the record thereof. It is Comisioned by the Court here, that the said Judgment of the Circuit Court of the County of St Charles be and set aside; and the cause remanded to said Court; and a

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And that <unclear rend="written" unit="chars"> <supplied>she</supplied> </unclear> have<lb/> <unclear rend="written" unit="chars"> <supplied>thereof her execution_</supplied> </unclear> </div1> <div1 legalFunction="Certificate" rend="horizontal"> <pb facs="2934_019.tif" n="019"/> <opener rend="bracketed"> <dateline>State <unclear rend="written" unit="chars"> <supplied>of <placeName> <choice> <orig>Missouri</orig> </choice> </placeName> </supplied> </unclear> <lb/> County of <unclear rend="written" unit="chars"> <supplied>St Charles</supplied> </unclear> </dateline> </opener> <persName> <choice> <orig>William Christy</orig> </choice> </persName> <lb/> <unclear rend="written" unit="chars"> <supplied>Junior Clerk</supplied> </unclear> of the <unclear rend="written" unit="chars"> <supplied> <orgName> <choice> <orig>Supreme Court</orig> </choice> </orgName> </supplied> </unclear> of <unclear rend="written" unit="chars"> <supplied>the <lb/> <placeName> <choice> <orig>State of Missouri</orig> </choice> </placeName>,</supplied> </unclear> for the <unclear rend="written" unit="chars"> <supplied>second Judicial <lb/> District Certify</supplied> </unclear> that the foregoing is a<lb/> <unclear rend="written" unit="chars"> <supplied>transcript</supplied> </unclear> of the <unclear rend="written" unit="chars"> <supplied>record</supplied> </unclear> and <unclear rend="written" unit="chars"> <supplied>proceedings</supplied> </unclear> <lb/> in the <unclear rend="written" unit="chars"> <supplied>case</supplied> </unclear> of <unclear rend="written" unit="chars"> <supplied> <persName> <choice> <orig>Susan</orig> </choice> </persName> </supplied> </unclear> <unclear rend="written" unit="chars"> <supplied>a Black Girl appellant <lb/> against <persName> <choice> <orig>Henry</orig> </choice> </persName> Hight appellee</supplied> </unclear>. <figure rend="seal"/> <closer> <dateline>In <unclear rend="written" unit="chars"> <supplied>Testimony</supplied> </unclear> Whereof <unclear rend="written" unit="chars"> <supplied>I have </supplied> </unclear> <lb/> <unclear rend="written" unit="chars"> <supplied> hereunto subscribed my</supplied> </unclear> name and<lb/> <unclear rend="written" unit="chars"> <supplied>affixed</supplied> </unclear> my <unclear rend="written" unit="chars"> <supplied>private seal (there being</supplied> </unclear> <lb/> no <unclear rend="written" unit="chars"> <supplied>official seal</supplied> </unclear> yet <unclear rend="written" unit="chars"> <supplied>provided)At <lb/> <placeName> <choice> <orig>St Charles</orig> </choice> </placeName> </supplied> </unclear> This <date when="1821-10-13">13th day of October<lb/> in the Year of our Lord Eighteen<lb/> hundred and twenty one.</date> </dateline> <signed> <unclear rend="written" unit="chars"> <supplied> <persName> <choice> <orig>Wm Christy</orig> </choice> </persName> Jr.</supplied> </unclear> </signed> </closer> </div1> <div1 legalFunction="Caption" rend="horizontal"> <pb facs="2934_020.tif" n="020"/> <head rend="bracketed">Susan a Black Girl appellant<lb/> <abbr>vs</abbr> <lb/> Hemy Hight appellee</head> Record Clerk Ley <unclear rend="written" unit="chars"> <supplied>L.C.c</supplied> </unclear> <table cols="2" rows="3"> <row> <cell> <unclear rend="written" unit="chars"/> </cell> <cell>1.00</cell> </row> <row> <cell> <unclear rend="written" unit="chars"> <supplied>Certificate</supplied> </unclear> </cell> <cell>0.50</cell> </row> <row> <cell> <unclear rend="written" unit="chars"> <supplied>Lean <unclear/> </supplied> </unclear> </cell> <cell>0.25</cell> </row> <row> <cell/> <cell>$2.75</cell> </row> </table> <closer>filed <date when="1821-10-13">13th October 1821</date> <signed> <unclear rend="written" unit="chars"> <supplied> <persName> <choice> <orig>Wm Christy</orig> </choice> </persName> Jr. C. C.</supplied> </unclear> </signed> <signed> <unclear rend="written" unit="chars"> <supplied>C. Cy</supplied> </unclear> of <unclear rend="written" unit="chars"> <supplied> <placeName> <choice> <orig>St. Charles</orig> </choice> </placeName> </supplied> </unclear> </signed> </closer> </div1> </body> </text> </TEI> <TEI xmlns="http://www.tei-c.org/ns/1.0" > <teiHeader> <fileDesc> <titleStmt> <title>Transicript of Appeal

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.

Transicript of Appeal Christy, William St. Charles Circuit Court Susan a black Girl vs deft Henry Hight

from the Circuit Court St. Charles County

</titleStmt> <publicationStmt> This electronic document is published as part of the St Louis Circuit Court historical records project. </publicationStmt> <sourceDesc> The original document is part of the Missouri State Archives St Louis Circuit Court collection. </sourceDesc> </fileDesc> <profileDesc/> </teiHeader> <text> <body rend="handwritten"> <div1 legalFunction="Transcript" rend="horizontal"> <pb facs="2934_022.tif" n="022"/> <unclear rend="written" unit="chars"/> <lb/> the fifteenth day of said month and in the<lb/> year of our <unclear rend="written" unit="chars"> <supplied>lord</supplied> </unclear> <date when="1821">One thousand eight hundred &<lb/> twenty One</date>, and in the forty <unclear rend="written" unit="chars"> <supplied>sixth</supplied> </unclear> year of<lb/> the <unclear rend="written" unit="chars"> <supplied>Independence</supplied> </unclear> of the <unclear rend="written" unit="chars"> <supplied> <placeName> <choice> <orig>United States</orig> </choice> </placeName> </supplied> </unclear>.<lb/> <unclear rend="written" unit="chars"> <supplied>Were present</supplied> </unclear> <closer> <salute>The Honorable</salute> <signed> <unclear rend="written" unit="chars"> <supplied> <persName> <choice> <orig>Rufus</orig> </choice> </persName> Pillebone Jr <unclear/> </supplied> <lb/> Judge</unclear> of said Court</signed> </closer> </div1> <div1 legalFunction="Transcript" rend="horizontal"> <pb facs="2934_022.tif" n="022"/> <opener rend="bracketed"> <dateline>In the <unclear rend="written" unit="chars"> <supplied>record</supplied> </unclear> and <unclear rend="written" unit="chars"> <supplied>proceedings</supplied> </unclear> of said<lb/> <unclear rend="written" unit="chars"> <supplied>Court</supplied> </unclear> - are the <unclear rend="written" unit="chars"> <supplied>following</supplied> </unclear> </dateline> </opener> <head rend="bracketed"> <unclear rend="written" unit="chars"> <supplied> <persName> <choice> <orig>Susan</orig> </choice> </persName> a Black Girl</supplied> </unclear> <lb/> <abbr>vs</abbr> <lb/> <unclear rend="written" unit="chars"> <supplied> <persName> <choice> <orig>Henry</orig> </choice> </persName> Hight</supplied> </unclear> </head> Appeal <unclear rend="written" unit="chars"> <supplied>commanded from <lb/> the <orgName> <choice> <orig>Supreme</orig> </choice> </orgName> </supplied> </unclear> <orgName> <choice> <orig>Court</orig> </choice> </orgName>, for<lb/> the Second <unclear rend="written" unit="chars"> <supplied>Judicial</supplied> </unclear> <unclear rend="written" unit="chars"> <supplied>district.</supplied> </unclear>, <closer> <signed> <unclear rend="written" unit="chars"> <supplied>The_</supplied> </unclear> </signed> </closer> </div1> <div1 legalFunction="Certificate" rend="horizontal"> <pb facs="2934_023.tif" n="023"/> <figure rend="seal"/> do Certify the foregoing to be a<lb/> true copy of the preceedings in<lb/> this Case, and do herewith Cer-<lb/> <unclear>tify</unclear> to the said <placeName> <choice> <orig>St. Louis Circuit</orig> </choice> </placeName> <lb/> <placeName> <choice> <orig>Court</orig> </choice> </placeName> the Original record in said<lb/> case. - <unclear rend="written" unit="chars"/> <lb/> my hand & seal at St. Charly this <date when="1822-02-04">4th<lb/> day of februrary 1822</date>. <closer> <signed> <unclear rend="written" unit="chars"> <supplied> <persName> <choice> <orig>Wm Christy</orig> </choice> </persName> Jr.</supplied> </unclear> </signed> </closer> </div1> <div1 legalFunction="Bill" rend="horizontal"> <pb facs="2934_023.tif" n="023"/> <table cols="2" rows="6"> <row> <cell>Clerks yrrs- $1. 0. St Charly.<lb/> Tax on Seal 1. $ 2</cell> <cell>$2.0</cell> </row> <row> <cell>Clerks <unclear rend="written" unit="chars"/> In the original Suit $13.20</cell> </row> <row> <cell>15.95</cell> </row> <row> <cell>Ditto. do. In the the <orgName> <choice> <orig>Supreme Court</orig> </choice> </orgName>- 2.75</cell> <cell>$17.95</cell> </row> <row> <cell>Ditto. do. In the <orgName> <choice> <orig>Circuit Court</orig> </choice> </orgName> </cell> <cell/> </row> <row> <cell>Sheriffs year- 4. 80 1/2 Jururs fees $3 Attny 6$</cell> <cell>13.80 1/2</cell> </row> <row> <cell> <unclear rend="written" unit="chars"> <supplied>J.N.G</supplied> </unclear> <unclear>aruier</unclear>, his yer In <orgName> <choice> <orig>Supreme Court</orig> </choice> </orgName> </cell> <cell>5.20</cell> </row> <row> <cell>aggragate</cell> <cell>$36.95 1/2</cell> </row> </table> </div1> </body> </text> </TEI> <TEI xmlns="http://www.tei-c.org/ns/1.0" > <teiHeader> <fileDesc> <titleStmt> <title>Jusdgment of Supreme Court

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.

Jusdgment of Supreme Court Cook, John D. Jones, John Rice St. Charles Circuit Court Susan a Black woman vs Henry Hight An appeal from the St . Charles Circuit Court

This was an action of assault & Battery and false imprisonment instituted by order of the Circuit Court of St Charles County in the name the plaintiff ( Susan ) who Claimed her freedom) against the defendant (who claimed her as a Slave) the first and most difficult question which arises in the Cause grows out of the defen dants first plea and the replication thereto, the plea alleges the plaintiff to be the slave of the defendant, and traverses her being free as alleged in her declaration , the plain-tiff replied that she is free in manner and form as she has alleged in her declaration and concludes to the Country, the defendant to this replication and assigned as cause of demurrer , that, the said replica=tion takes a upon a and the inducement to the defendants traverse : upon this the Circuit Court gave payment for the defendant, and the plaintiff applealed to this Court, the act which regulates proceedings in cases of this hand, seem to have been passed for the sole purpose of enabling free persons held in slavery to recover their freedom, and to contemplate an issue, which will ascer-tain, whether the party held in slavery is free or not; pursing the of this Statue; the question naturally presents itself. Whether the pleading in this Case tend to such issue , with Common Certainty , the declaration is in Common form . The plea substantially justifies the tresspass by alleging that the plaintiff is his slave but unnecessarily traverses a fact which is not owned in the declaration . if the de =fendants traverse were well taken the replication would very Correctly assigned the sub-ject of the traverse, and should not deny the inducement to it. And if the defendant had not added a traverse to the plea a very apt and proper issue might have been found, by the plaintiffs replying that she was free , and traversing the matter set fourth in the plea which would have been a formal and proper replication; to bring alone to the special Cause assigned , the demurrer was certainly improperly sustained , in as much as such cause for the replication simply affirms the freedom of the plaintiff wh- =ich is traversed; The true traversed by the replication, was the appropriate one, and does not notice the to such travers; The true traversed by the replication, was the appropriate one, and at the informal: yet as the infromally was accustomed by the defendants unnecessary traverse and as the material fact was substantially put in issue by the replication. It is the opinion of this Court that the Circuit , in Sustaining the demurrer to the replication, whatever the State of the

</titleStmt> <publicationStmt> This electronic document is published as part of the St Louis Circuit Court historical records project. </publicationStmt> <sourceDesc> The original document is part of the Missouri State Archives St Louis Circuit Court collection. </sourceDesc> </fileDesc> <profileDesc/> </teiHeader> <text> <body rend="handwritten"> <div1 legalFunction="Judgment" rend="horizontal"> <pb facs="2934_026.tif" n="026"/> <unclear rend="written" unit="chars"> <supplied>pleading</supplied> </unclear> may be the <unclear rend="written" unit="chars"> <supplied>Statue puts the <unclear/> </supplied> </unclear> <lb/> of <unclear rend="written" unit="chars"> <supplied>proof</supplied> </unclear> on <unclear rend="written" unit="chars"> <supplied>the plaintiff</supplied> </unclear>: and <unclear rend="written" unit="chars"> <supplied>where he issue</supplied> </unclear> is <unclear rend="written" unit="chars"> <supplied>found for</supplied> </unclear> the <unclear rend="written" unit="chars"> <supplied>plaintiff <unclear/> </supplied> </unclear> <lb/> a Judgment of <unclear rend="written" unit="chars"> <supplied>Emancipation</supplied> </unclear>: <unclear rend="written" unit="chars"> <supplied>this shows that the</supplied> </unclear> object of <unclear rend="written" unit="chars"> <supplied>Legislature</supplied> </unclear> <unclear rend="written" unit="chars"> <supplied>was</supplied> </unclear> to <unclear rend="written" unit="chars"> <supplied>afford to plaintiff of this <unclear/> </supplied> </unclear> an <unclear rend="written" unit="chars"> <supplied>op<lb/>portunity</supplied> </unclear> to <unclear rend="written" unit="chars"> <supplied>turn</supplied> </unclear> the <unclear rend="written" unit="chars"> <supplied>question</supplied> </unclear> of <unclear rend="written" unit="chars"> <supplied>freedom <lb/> fairly put</supplied> </unclear> in <unclear rend="written" unit="chars"> <supplied>issue because</supplied> </unclear> the <unclear rend="written" unit="chars"> <supplied>parties,</supplied> </unclear> <lb/> upon the <unclear rend="written" unit="chars"> <supplied>first error assigned</supplied> </unclear>, the Judg=<lb/>ment of the <unclear rend="written" unit="chars"> <supplied>said <orgName> <choice> <orig>Circuit</orig> </choice> </orgName> </supplied> </unclear> <orgName> <choice> <orig>Court</orig> </choice> </orgName> <unclear rend="written" unit="chars"> <supplied>must <lb/> be reversed</supplied> </unclear> and the <unclear rend="written" unit="chars"> <supplied>Cauuse remanded</supplied> </unclear> <lb/> to <unclear rend="written" unit="chars"> <supplied>that</supplied> </unclear> Court, there to be <unclear rend="written" unit="chars"> <supplied>tried as an <lb/> true</supplied> </unclear> to be <unclear rend="written" unit="chars"> <supplied>taken</supplied> </unclear> on the said <unclear rend="written" unit="chars"> <supplied>first plea</supplied> </unclear> <lb/> of the <unclear rend="written" unit="chars"> <supplied>defendant. And</supplied> </unclear> the <unclear rend="written" unit="chars"> <supplied>appellee the costs</supplied> </unclear> of this <unclear rend="written" unit="chars"> <supplied>appeal. as</supplied> </unclear> the <unclear rend="written" unit="chars"/> <unclear rend="written" unit="chars"> <supplied>judgement</supplied> </unclear> is<lb/> <unclear rend="written" unit="chars"> <supplied>revered</supplied> </unclear> the <unclear rend="written" unit="chars"> <supplied>first error aforesaid</supplied> </unclear> <lb/> the Court <unclear rend="written" unit="chars"> <supplied>deem</supplied> </unclear> it <unclear rend="written" unit="chars"> <supplied>unnecessary</supplied> </unclear> to <unclear rend="written" unit="chars"> <supplied>give</supplied> </unclear> <lb/> any <unclear rend="written" unit="chars"> <supplied>opinion</supplied> </unclear> as to the <unclear rend="written" unit="chars"> <supplied>other points</supplied> </unclear> <closer>(<unclear rend="written" unit="chars"> <supplied>signed</supplied> </unclear>) <signed>John <unclear rend="written" unit="chars"> <supplied>C. Cook</supplied> </unclear> </signed> <signed> <unclear rend="written" unit="chars"> <supplied>Jn Rice <persName> <choice> <orig>Jones</orig> </choice> </persName> </supplied> </unclear> <lb/> Judges</signed> </closer> </div1> </body> </text> </TEI> <TEI xmlns="http://www.tei-c.org/ns/1.0" > <teiHeader> <fileDesc> <titleStmt> <title>Bill for Witness Fees

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.

Bill for Witness Fees St. Charles Circuit Court Aim a Black Girl vs Henry Hight

Dr Jabez Hubbard , a Witness in this case 3 days $1.50

Jabez Hubbard Agreement Between Parties

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.

Agreement Between Parties McGirk, Mathias Benton Barton, J. Eastpm St. Charles Circuit Court Susan a black woman vs Henry Hight

Action of assualt and battery and false imprisonment for freedom

It was proved on the trial of the cause that in the year 1889 One James Rayer came from the State of Maryland a slave holding in state to the and Territory a part of the North Western Territory and to that part which is now Illinois Territory and that he brought with him said susan and claimed and exercised authority over here said Illinois Territory as a slave till 1812 then he removed there 1812 there he removed to Louisiana Territory and took said Susan with him and that she before the bringing of this suit came into the hands of defendant being administrator of said Rayer and by him as a slave and that the was the service of Comencement of this suit in the hands of siad Hight and is in his hands -

M McGirk Benton . J. Barton Easton &

he says if they err there is noowe to set then right I want him to state what the time the Registeryis in Illinois

We the jurors find for the Defendant

Delany Brunell 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 McGirk, Mathias St. Charles Circuit Court Missouri Territory Saint Charles County In the Circuit Court for St Charles Couty

Susan a free black woman permitted by the court to sue as a poor person by Mathias M'Girk & George Tompkins her attornies for that purpose specially appointed by the court complains of Henry Hight of a plea of trespass; for that the said Henry on the first day of November - in the year eighteen hundred thirteen - with force & arms &c made an assault upon the said Susan , to wit , at the said county of Saint _ _ _ Charles & within the jurisdiction of this court and then and there beat, bruised & illtreated her the said Susan , and then and there imprisoned her the said Susan , and detained and kept her in person there, without any reasonable or prob-able cause whatsoever, for a long time, to wit, from the time aforesaid till this present time , contrary to the laws & peace of the United States & of this territory , and against the will of the said Susan : to the damage of the said Susan of five hundred dollars and therefore she sues

M'McGirk attorney for plaintiff