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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.
of
said defendant heretofore to wit on the
in the year of our Lord one thousand eight hundred and
thirty nine
with force and arms made an assault on the said Plaintiff
to wit: at the county aforesaid and then and there
beat, bruised, woundad and ill- treated her and then
and there imprisoned her and kept
her in person there, without any reasonable or probable
cause whatsoever, for a long space of time to wit: for
the space of four years and seven months next
before the said
and thirty nine
did against the peace of the
the damage of the said Plaintiff one thousand dollars
and therefore she brings her suit &c.
vs
Declaration
This is an action of Trespass for false imprisonment.
Damage
$1000. Clerk will
issue summoms.
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
We command you to
he be found in your county that he be and
appear
before the judge of our
at the
of
of color of a plea of trespass
to the damage of said plaintiff
dollars: And have you then there this writ.
I acknowledge myself bound for all costs that may accrue in the above cause.
Witness my hand and seal, at
Defendant
335
vs
Summons
Plea of Trespass
Damages - $1000.
Risque atty
Executed this writ in the county of
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
And the said defendant
by
injury
he is not
supposed
to his charge in manner and
form as the said plaintiff hath
against him and of this
upon the County
ads
Plea not
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
And for further plea in this behalf by leave of the court
for that purpose first obtained the defendant counsel
and defends the force and injury when & says that the said
plaintiff here aforsaid action thereof against him the said defendant
ought not to have or maintain because he says that the said plaintiff
heretofore to wit at the July Term of the
A D
the Hon
duly commissioned &c to hold the same by a certain writ of
summons impleded the said defendant in a certain plea of
trespass with force and arms and false imprisonment
for committing the very same supposed trespasses and greivances
in the said declaration above mentioned wherefore the said
defendant afterwards to wit at the same July Term of the said
Court pleaded that he the said defendant was not guilty of the said supposed trespass or any part thereof and issue was
thereupon joined upon the plea
and the said defendant and thereupon afterwards to wit
at the July Term of the said Court
granted in the said cause and the same suit to the county of
on to be heard and was then and there tried by the Judge
of the Circuit Court of the
to try said cause between the said plaintiff and the said
defendant which last named
then and there found the said defendant guilty of the said
supposed trespasses
and by the judgement and condemnation of the said court
upon the finding aforsaid it was then and there ordered and
ajudged by the said court that the said plaintiff recover
of the said defendant one cent damages and also the
costs in that behalf expended by reason of the trespasses
have thereof
Still remaining in the
before the judge thereof at the
and at large appears which said
in full force and effect not in the least reversed or
made void and this he the said defendant is
by the said record. & therefore he prays
the said plaintiff ought to have or maintain
action thereof against him &c.
Plea former recovery
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And
first plea of
himself upon the Country,
And as to the
defendant, the said plaintiff says, that by
she
having or maintaining
against the said defendant because she says
that the said wrongs and
declaration mentioned,
identical wrongs and
any of them in said plea mentioned, and for and
in
in the said plea mentioned was
manner and form as the said defendant hath
above in his plea aforesaid alleged. And this
the said plaintiff
the County
vs
Rep.
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You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our
at the
testify, and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
plaintiff and
defendant on the part of
and herein you are in no wise to fail.
Served this writ on
vs
Alex: Papin
Spac
For Plff:
Witnesses
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our
at the city of
testify and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
plaintiff and
defendant on the part of
and herein you are in no wise to fail.
vs
Alex. Papin
Wit,
Excuted
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You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our
1841
at the city of
testify and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
plaintiff and
defendant on the part of the plaintiff.
and herein you are in no wise to fail.
vs
Plffs Subp
Executed
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We command you to attach
by
before the Judge of our
the
and there to testify, and the truth to say in a certain matter of controversy, now pending in
our said
plaintiff, and
the said
on the parts of the said
vs
Attachment
For Laskin Deaver the
Executed
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
vs
Clerk fee 3.83
Postage 50
$ 4,33
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Be it remembered that on the
hundred and thirty eight
and proceedings of the
County in the case of
was filed in the Office of the
Circuit of Saint Charles County, and is in the
words and figures following to wit “State of
that heretofore to wit on the
in the year eighteen hundred and thirty seven
a woman of Color filed in the office of the Clerk of the
in the eighth judicial Circuit of the
her petition which is in the words and figures following
to wit “Petition To the Honorable
of color respectfully represents “that she is the daughter
of
the year
brought to Louis
term as a slave and then sold her to a certain
in the north western Territory that the said Bernton
took your petitioners mother to the Town of
in the Territory aforsaid about the year
place she was owned and continued to be held as a slave
by the said Bernton for the space of Two years or upwards.
That after your petitioners had been held and treated
as a slave in the Town of
for the length of time set forth above “She was sent to
afterwards told to a certain,
Town of
where, she has remained in Slavery ever since and gave
petitioner further represents, that the is now illegally
held in Slavery by a certain
county contrary to the provisions of an ordinance passed
by, the Congress of the
therefore prays that she may be permitted to sue
as a poor person in order to establish her right to
freedom, that counsel be assigned her for that purpose
and finally that Your Honor grant the usual
orders in such cases and as in duty bound will
ever pray &c
which said petition was the following affidavit
to wit- Affidavit
came before me and made Oath that the matters and
things in the foregoing petition contained so far as
they depend upon her own Knowledge are true and
those coming from the information of others. She
to & Subscribed before me this
June Eighteen hundred and thirty seven
Purdy Justice of the Peace.”Whereupon the Judge of
said court made the following Orders to wit “Orders
1st It is Ordered that
the foregoing petition be permitted to sue as a poor person
for the recovery of her freedom and that F W. Risque
said
and the court as occasion may require
She be not subject to any severity on account of her
application for freedom.
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Whereupon on the said
in the year aforesaid the said
her attorney filed in the Office of the
the
against
figures following to wit “In the
to wit,
attorney complains of
of trespass and false imprisonment For that the said
June in the year of our Lord one thousand eight hundred
and thirty seven
and arms made an assault upon the said
then and there imprisoned her and kept and detained
her in prison there without any reasonable or probable
cause whatsoever for a long time to wit for the space
of
land and the will of said
that at the time and before the committing of the said
grievances she was and still is a free person, and that
the said
her in slavery to the damage of the said
of three hundred dollars and there fore the brings her suit
&c F W Risque Pq”; On which said declaration were
endorsed the following Orders, 1st it is ordered that
be permitted to sue as a “poor person” for the recovery
of her freedom and that F. W. Risque be assigned as
counsel for that purpose. 2 that the said
reasonable liberty to attend her counsel and the court
as occasion may require, that she be not removed out
of the jurisdiction of the court, and that she be not subject
to any severity an account of her application for
the order endorsed upon the petitioned Attested
of said Court issued a summons in the words and
figures following to wit-- Summons
“County of
ss The
to appear before our Honorable
the first day of the next Term thereof to be be given and
held at the
aforesaid on the second Monday of July next then
and there to answer unto
of a plea of trespass, for false imprisonment, to the
damage of said plaintiff of three hundred dollars
and have you then there this writ
hereto affired at office in the city of
June 1837
was the following Sherrifs Return to Wit Return
“Executed
this writ by reading it and the petition and declaration
and also the order made by the Judge to
the
W Brotherton D. Shff.”And afterwards at the July
term of the said circuit court for the year aforesaid
and on the 12t day of said month the following plea
Plea was filed in said cause to wit. Plea
“Celeste vs
the said
defends the force and injury when &c. and
he is not guilty of the said supposed trespass and imprisonment
above laid to his charge in manner and force
as the plaintiff hath above thereof complained against
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him and of this he puts himself up on the county &c
affidavit
for
continuance
And the said cause was thus continued
until the November Term of said Court for the year aforesaid
when the following affidavit was filed in said
cause to wit “Celeste vs
John D. Sarpy being duly sworn an his oath saith
that
deft. on the trial of the above cause; that there is no other
witness in attendance upon whose testimony the said
deft can safely rely, to prove the same facts that the said
he does not
without the testimony of said Manard. That he does
not believe the said Manard is absent by the consent
connivance or procurement of this affiant who is
acting as the agent of said
suit “Affiant States that he knows the testimony
of the said Manard to be of importance on behalf
of the defendant on the trial of the above cause. Affiant
States that said Manard is a resident of the Town
of
of this affiant came from
order that he might be a witness on behalf of the said
defendant and also on behalf of this affiant who
has a similar suit pending in this Hon Court
Affiant States that said Manard was in this City during
the present Term of this court, but has left the city without
giving sufficient notice to this affiant to take the deposition
of said Manard. Nor does affiant believe that
said deft knew any thing about the intended departure
of said Manard as said deftknows but little
of the said suit and depends entirely on this affiant
to procure the necessary evidence for his defence
Affiant states that as the agent for said deft he would
have taken the deposition of said Manard before
the oral testimony of said Manard and always
believed that he would be able to procure his personal
attendance whenever said cause might be set for
trial, is the reason why the deposition of said Manard
has not been taken. Affiant states that if a continuancel
is granted the deft that the deposition or the personal
attendance of said Manard can be had
at the next Term of Hon Court. Affiant further
States that since the commencement of this present
Term of this Hon Court. he has received inteligence
of other evidence which he is advised and believes
will be important for the defendant on the trial of
the above cause, which evidence affiant believes
“was unknown to def and which can only be procured
by going or sending to the Town of
the state of
is
Court, that manifest injustice will be done him the
said deft. but if a continuiance is granted that he
believes “by the next term of this Hon. Court that all the
testimony necessary for the defence may be obtained
Affiant further States that this continuance is
not asked for vexation or delay but“for the purposes
of Justice.
in open court
Whereupon the said cause was continued until the
July Term of the said
year the following further proceeding were had in
said cause to wit “Celest &
parties aforesaid by their
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
consent that these two causes may be tried together by
the same jury as one action and there upon come
also a jury to wit. Robert H. Carly
Oliver Harris
Arthur
Morris twelve good and lawful men who being duly
elected tried and sworn the issue within joined will
and truly to try retire to consider of their verdict.
And
afterwords to Wit, “On the
first day of September
following further proceedings were had in said cause
to wit Mistrial
Celeste & Celestine vs
at this day come again the parties aforesaid by their
respective
and be informed that the jury in this case after their
retirement being unable to agree upon a verdict
were discharged by consent from rendering a verdict
and there upon this
afterwards on the
aforesaid the following petition and affidavit
filed in said cause to Wit Petition
for change
of Venue
“To the
color for
said Child have seperate suits of freedom pending
in said Court against
that herself and child have had these cases once
informed that the testimony before the jury was
in law strong and conclusive in
to freedom. She believes that the judge of this court
is prejudiced against the claim of her and her said child
for freedom. She therefore prays that the
of may not exist.
the above named petitioner for herself and child
on her Oath states that the facts in said Petition Stated
are true and she further states that she has just come
to believe that neither she nor her child can receive
a fair trial in St Louis County on account of the
sames alleged in said Petition
Sworn to and subscribed before me this
of September A. D. 1838
on the day and date last upon said the following further
proceedings were had by the said court, in the
said cause to wit change
of venue
“Celeste and
Stating her belief that the judge of this court is prejudiced
against her and
it is ordered that the venue of this cause be changed
to the county of
Court of this State and that the same be certified
to the Circuit Court of that county accordingly
I
Circuit Court
and Eighth judicial Circuit of said state Certify
the foregoing to be a full and true transcript of the
record and proceedings of said Court in the case of
Celeste & Celestine vs
remains of record in my office In testimony where of
I have hereunto set my hand and
affirxed the seal of said Court at office
in the
of October A. D. 1838.
And afterwards at the
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in the Town of
after the fourth Monday in October and on the fifth
day of said Term
of November 1838
“To Wit “Celeste and
Petition for freedom Continued. And afterwards
to wit “as the May
had in words and figures following,
Now at this day appears said plaintiff by F. W Risque
her attorney and said defendant being solemnly called
comes not but makes default, and the cause being
submitted to the court for trial the court finds that said
defendant is guilty of the said Trespass and false
imprisonment in manner and form as said plaintiff
hath above thereof complained against him and the court
doth assess the damages sustained by said plaintiff
of reason of the same to the sum of one cent. Therefore it
is considered by the Court that the said plaintiff
be emancipated and for ever set free from all claim
of the said
claming by through or under him and that the
said plaintiff recover of the said
the sum of one cent damages assessed as aforesaid
together with her costs and charges by her about
her suit in this behalf expended and that she have
thereof Execution
I Judwell C.
the
the foregoing to be a true transcript of the record
and proceedings of said Court in the case of Celeste
& Celestine vs
of record in my office In testimony where of I have
the seal of said court at office in the
Town of
March A. D. 1841
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The said plaintiff by
comes and
trial for the following reasons
1st. Because the verdict is contrary to law
and evidence.
2. Because the said verdict is contrary to
law
3 Because the said verdict is against
the
4 Because the court
the
All which is respectfully
No
vs
Reasons for New Trial.
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You are hereby commanded to summon
that setting aside all manner of excuse and delay,
they be and appear in proper person
before the Judge of our
1841
and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
plaintiff and
defendant on the part of
and have you then and there this writ.
Served this writ on the within
vs
Alex. Papin
writ
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
You are hereby commanded to summon
that setting aside all manner of excuse and delay, he be and appear in proper person
before the Judge of our
and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
plaintiff and
defendant on the part of
and have you then there this writ.
vs
Papin
Served this writ on J. Creely
29 January 1841
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You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our
at the
testify, and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
plaintiff and
defendant on the part of
and herein you are in no wise to fail.
vs
forthwith
Executed the writ in the
1842
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You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our
testify, and the truth to say in a certain matter of controversy now pending in our said Court
wherein
plaintiff and
defendant on the part of
and herein you are in no wise to fail.
vs
Alex. Papin
May 1843
(lives on the cross street
running up from the
Sugar Refinery, between
2nd & 4th
Executed the writ in the
May 1843
the residence of
a white
age of 15 Years
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our
at the
testify, and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
plaintiff and
defendant on the part of
and herein you are in no wise to fail.
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the said defendant
is not guilty of the
Charge in manner and
as the
above thereof
against him
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The
aforesaid find as to the first issue within joined between the
parties aforesaid, that the said defendant is not giulty of the
said supposed
and form as the said plaintiff hath above thereof complained against
him: and as to the
aforesaid the jurors on their oaths aforesaid say, that the said
each and all of the same identieal
in said second plea mentioned and for and in respect whereof
the said supposed judgment in the said plea mentioned was
above in his plea aforesaid alleged