Mariguette v. Samuel W. McKinney This electronic document is published as part of the St Louis Circuit Court historical records project.

There are no known copyright restrictions on this item. You are free to use this item in any way that is permitted by the copyright and related rights legislation that applies to your use. Washington University Libraries does not assert copyright in reproduction scans of public domain materials made openly available on its websites. For more information on policies and procedures governing the use of materials, contact digital@wumail.wustl.edu.

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

 Mariguette v. Samuel W. McKinney Mariguette McKinney, Samuel W. Wahrendorff, Charles Trespass Assault Battery False Imprisonment 13 St. Louis County Circuit Court Gamble, Archibald Walker, John K. Shother, George T. Spalding, J. KT removed comment tags, added caseTitle, and moved legalFunction tags JO proofread and corrected transcription errors through line 365. JO deciphered various unclear tags through line 365. JO proofread and corrected transcription errors through entire document. JO deciphered various unclear tags through entire document. GL4 added and cleaned up caseDesc and legalDocDesc tags CM performed final review of legal encoding Motion for Leave to Sue as Poor Person to Establish Freedom

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 for Leave to Sue as Poor Person to Establish Freedom Mariguette St. Louis County Circuit Court No 13 St Louis Circuit Court July Term 1831

Mariguette vs Sam T M Kinney

Petition filed April 7th 1831 A gamble clk Mary Kets vs S. McKinney

petition to sue as person to establish to free dom

Order Granting Petition to Sue as Poor Person to Establish Freedom

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.

 Order Granting Petition to Sue as Poor Person to Establish Freedom Mariguette St. Louis County Circuit Court To the honorable the circuit court of the county of St Louis

Your petitioner Mary to honorable court, that she was born in the town of Nashashia in what is now the state of Illinois about thirty years since that she was purchased an infant by our Marshall and taken to St in what is now the state of Missouri And she has continued to reside in this state for that time until now held as a slave, that about six or seven months since she was purchased by one Samuel Kinney as your petitioner who now holds her as a slave your petitioner is advised that in the north she has a claim to and is entitled to the freedom your petitioner therfore prays that she may be permitted to institute suit to establish her right to freedom and the such orders may be had in the as the law and

Sworn to   subscribed before me this 17th of April 1831 A gamble Clerk Mariguette her mark St Louis Circuit Court March Term 1831 Thursday 7th April 1831 Mariguette vs Samuel W McKinney

George T Strother presents the petition of Mariguette a woman of color praying that she may be permitted to institute suit against Samuel W Kinney for Establishing her right to freedom and that she may be permitted to institute suit against Samuel W Kinney for Establishing her right to freedom and that she may be permitted to sue as a poor person thereupon the court permit the said Mariguette to sue as aforesaid and direct that an action of assault and Battery and false imprisonment be brought in the name of the said Marguette and assign George F Strother as her counsel and it is ordered by the court that the said Samuel W Kinney permit the said Mariguette to have a reasonable liberty of attending her counsel and the court when occasion may require it and that the said petitioner shall not be taken or removed out of the Jurisdiction of this Court or be subject to any severity of treatment on account of her said application for freedom

A True copy of the order Archibald Gamble Clerk Certificate of Service

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.

 Certificate of Service Walker, John K. Gable, Archibald St. Louis County Circuit Court No 13 Saint Louis Circuit Court July Term 1831 Mariguette vs Samuel W Kinney

This is an action of assault   battery and false imprisonment for freedom The Clerk will please issue a Summons

Filed 12th April 1831 Archibald Gamble Clerk

Served this writ by reading the declaration   writ to Samuel F M Kinney on the 14th day of April 1831. served the the order at of the Circuit Court a copy of which is endorsed on the declaration, my reading it to the said M . Kinney

John K.Walker Service of $ 1.00 of order .50 $1.50 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.

 Complaint Shother, George T. St. Louis County Circuit Court St Louis Circuit Court July Term 1831 St Louis County of Wit;

Mariguette who sues by permission of the Court Complains of Samuel W Kinney of a plea of trespass. For and that the said Samuel W Kinney on the first day of February in the year 1831 with force and arms made an assault upon the said Mariguette to wit at the County of St Louis and then and there struck and gave the said Mariguette a great many violent blows and strokes and then and there imprisoned the said Mariguette and kept and detained her in prison there without any reasonable or probable cause whatsoever for a long space of time to wit for the space of ten weeks then next following contrary to law and against the will of the said Mariguette whereby she the said Mariguette was then and there not only greatly hurt and wounded but was also thereby then and there greatly injured in her circumstances to wit at St Louis aforesaid and the said Mariguette avers that before and at the time of committing the grievences aforesaid to wit at the county of St Louis aforesaid then was and still is a free person and the defendants Samuel W Kinney   Charles Wahrensdorff then held and detained her and still hold (and detain) her in slavery and other wrongs to the said Mariguette then and there did against the peace of the State and to the damage of the plaintiff Five Hundred dollars and therefore the brings her suit

Shother V . 2. .

I have copied the original declaration as well as I could make it out the same not being made out as required by Rule of court and being also very badly written

The State of Missouri County of St Louis ss To the Sheriff of the County of Saint Louis Greetings

We command you to Summon Samuel W Kinney that he be and appear before the Judge of our Circuit Court at the next July Term thereof to be held at the City of St Louis within and for the county of Saint Louis on the Fourth Monday of July next then and there to answer unto Mariguette of a plea of trespass to the damage of the plaintiff Five Hundred dollars and have you then there this writ

Witness Archiblad Gamble Clerk of our said Court at Office this twelfth day of April in the year of Our Lord One thousand Eight Hundred and thirty one Archibald Gamble Clerk </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 and Case Description" rend="horizontal"> <pb facs="6740_006.tif" n="006"/> <opener> <abbr>No</abbr> 13 <dateline> <date when="1831-07">July Term 1831</date> </dateline> </opener> <head>Maryguette<lb/> <abbr>vs</abbr> <lb/> <persName> <choice> <orig>Samuel</orig> </choice> </persName> L W <unclear rend="written" unit="chars"/> </head> <p>This is an <unclear rend="written" unit="chars"> <supplied>action</supplied> </unclear> of<lb/> assault and battery<lb/> and false imprisonment for <unclear rend="written" unit="chars"> <supplied>freedom</supplied> </unclear> on the<lb/> <unclear rend="written" unit="chars"> <supplied>clerk</supplied> </unclear> will issue a<lb/> summons</p> <closer> <signed> <unclear rend="written" unit="chars"/> <unclear rend="written" unit="chars"/> p.q.</signed> </closer> </div1> </body> </text> </TEI> <TEI> <teiHeader> <fileDesc> <titleStmt> <title>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.

 Complaint Shother, George T. St. Louis County Circuit Court St Louis Circuit Court July term 1831

St Louis county to wit Mary guette who sues by of the court complains of Samuel L McKinney of a plea of trespass for that the said Samuel M Kinney on the first day of February in the year 1831 with force and orders made an assault upon the said Mary guette to wit at the county of St Louis and then and there and gave the said Mary guette a great many violent blows and strokes and then and there imprisoned the said Mary guette and left and detained her in prison there without any reasonable or probable cause whatsover for a long space of time to wit for the space of ten weeks then next following contrary to law and against the will of the said Mary guette whereby she the said Mary guette was then and there not only greatly beat and wounded but was also then and there greatly injured in her circumstances to wit at St Louis aforesaid and the said Mary guette avers that before and at the time of concluding the grievances aforesaid to wit at the county of St Louis aforesaid she was and still is a free person and the defendant Samuel L W Kinney then held and detained her and still holds and detains her in slavery and after ways to the said Mary guette then and there did against of and to the damage of the plaintiff $ 500 and therefore she brings her suit

Answer to Petition Defendant Wahrendorff's Answer to Petition

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.

 Answer to Petition Spalding, J. St. Louis County Circuit Court Defendant Wahrendorff's Answer to Petition Spalding, J. St. Louis County Circuit Court St. Louis Circuit Court Mariguette vs Samuel T M Kinney July Term A.D.1831

And the said M Kinney comes and defends the force and injury when   c. and says that said plaintiff ought not to have or maintain her aforesaid action thereof against him because he says that at the time when this suit was commenced he had not nor claimed to have nor hath he nor doth he now claim to have but disavoweth   disclaimeth to have any title or interset in said Mariguette as a slave nor did he then hold nor hath he since had nor doth he now, hold her as a slave: and this he is ready to verify, where fore he prays proficient   c.

for deft

and the said Charles Wahrendorff by his attorney comes and defends the force   injury when   c.   says that he is not guilty of the said supposed trespasses   wrongs in manner and form as in said declaration alleged : and of this he puts himself upon the country   c.

and for further plea in this behalf he says that said plaintiff ought not to have or maintain her aforesaid action thereof against him because he says, that said plaintiff at   before the time mentioned in said declaration for the committing said supposed trespasses   grievances , said plaintiff was   now is his slave, without there that she was or is a free person:   this he is ready to verify. Wherefore he prays   c.

for Wahrendorff filed August 12th 1831 A gamble Clerk

Book 6 Page 92 Non suit Book 7 page 157

No 13 July Term 1831

Mariguette vs Samuel T. McKinney

Disclaimer

Filed July 28th 1831 A Gamble Clk

by Wahrendorff

filed August 12th 1831 A Gamble Clk Writ and Summons for Witness to Appear

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.

 Writ and Summons for Witness to Appear Gamble, Archibald St. Louis County Circuit Court County Of St. Louis , Sct. State Of Missouri , To the Sheriff of St. Louis County---Greeting.

You are hereby commanded to summon Clayton Tiffin that setting aside all manner of excuse and delay, he be and appear in proper person before the Judge of our Circuit Court , 3rd day of April next at the City of St. Louis , then and there to testify and the truth to say in a certain matter of controversy now pending in our said Court, wherein Mariguette is plaintiff, and Samuel T McKinney   Charles Wahrendorff are defendants, on the part of the plaintiff; and have you then there this writ.

Witness: Archibald Gamble , Clerk of our said Circuit Court , at the City of St. Louis , this 20 day of February in the year of our Lord one thousand eight hundred and thirty two Archibald Gamble Clerk C. C. March Term 1832

Mariguette vs F.T. McKinney   W Wahrendorff

for plff Clayton Tiffin 6 on 3d April

Executed on this writ on Clayton Tiffin in the city of St Louis on the 6th day of March 1832

Jno K Walker Sheriff by J . Brotherton $ 1.00 Subpoena for Wirtness to Appear

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.

 Subpoena for Wirtness to Appear Gamble, Archibald St. Louis County Circuit Court County Of St. Louis , Sct. The State Of Missouri , To The Sheriff Of St. Louis County, Greeting.

We command you to attach Clayton Tiffin by his body, and him safely keep, so that you have his body before the Judge of our Circuit Court , now in session at the City of St. Louis , within and for the county of St. Louis , forthwith 18, then and there to testify and the truth to say in a certain matter of controversy, now pending in our said Circuit Court , between Mariguette plaintiff and Mariguette S T M. Kinney is defendant, wherein the said Tiffin has heretofore been summoned on the part of the said plaintiff

Witness, Archibald Gamble , Clerk of our said Court, at the City of St. Louis , this 24th april - 1832 A Gamble Clerk

Executed & have the body of Clayton Tiffin in Court 24th April 1832

Jno K Walker Sum $

Mariguette vs S T McKinney

for Clayton Tiffin Writ and Summons for Witness to Appear

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.

 Writ and Summons for Witness to Appear Gamble, Archibald St. Louis County Circuit Court County Of St. Louis Sct. State Of Missouri , To the Sheriff of St. Louis County—Greeting.

You Are Hereby Commanded To Summon Alexis Amelin that setting aside all manner of excuse and delay, he be and appear in proper person before the Judge of our Circuit Court , forthwith at the City of St. Louis , then and there to testify and the truth to say in a certain matter of controversy now pending in our said Court, wherein Mariguette is plaintiff, and S. T. McKinney is defendant, on the part of the plaintiff and have you then there this writ.

Witness: Archibald Gamble , Clerk of our said Circuit Court , at the City of St. Louis , this 25th day of April in the year of our Lord one thousand eight hundred and thirty two A Gamble Clerk C. C.

Served this writ on Alexis Amelin on the 25h April 1832

K Walker Sheriff sum . 50

Marguritte vs S.T. McKinney

for Alexis Amelin forthwith for plff Writ and Summons for Witnesses to Appear

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.

 Writ and Summons for Witnesses to Appear Gamble, Archibald St. Louis County Circuit Court County Of St. Louis Sct. State Of Missouri , To the Sheriff of St. Louis County—Greeting.

You Are Hereby Commanded To Summon Clayton Tiffin and Alexis Amelin that setting aside all manner of excuse and delay, he be and appear in proper person before the Judge of our Circuit Court , on the 30h day of July next at the City of St. Louis , then and there to testify and the truth to say in a certain matter of controversy now pending in our said Court, wherein Mariguette is plaintiff, and Samuel T M. Kinney   W Wahrendorff are defendants, on the part of the plaintiff and have you then there this writ.

Witness: Archibald Gamble , Clerk of our said Circuit Court , at the City of St. Louis , this 29th day of June in the year of our Lord one thousand eight hundred and thirty two Archibald Gamble Clerk C. C. July Term 1832

Mariguette vs S.T. W Kinney   W Wahrendorff

for plff Clayton Tiffin Alexis Amelin on 30th July

Executed this writ on Clayton Tiffin   Alexis Amelin in the city of St Louis on the 3rd day of July 1832

John K Walker Sheff by Brotherton service 1.00 Subpoena for Witnesses to Appear

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.

 Subpoena for Witnesses to Appear Gamble, Archibald St. Louis County Circuit Court County Of St. Louis , Sct. State of Missouri , To the Sheriff of St. Louis County, --Greeting.

We command you to attach Clayton Tiffin   and Alexis Amelin by by their bodies, and them safely keep, so that you have their bod ies before the Judge of our Circuit Court , now in session at the City of St. Louis , within and for the County of St. Louis , on the 8th day of August 1832, then and there to testify and the truth to say in a certain matter of controversy, now pending in our said Circuit Court , between Mariguette plaintiff and Sam T M Kinney defendant, wherein the said Tiffin and   Amelin have heretofore been summoned on the part of the said plaintiff

Witness, Archibald Gamble , Clerk of our said Circuit Court , at the City of St . Louis , this Third day of August in the year of our Lord, one thousand eight hundred and thirty-two A Gamble Clerk C. C.

Mariguette vs M Kinney

for Clayton Tiffen Alexis Amelin attachment to 8th august

Executed   have the body of Tiffin ߖ Amelin in of 7 Augst 1832

Jno K Walker Sheriff Service $ 2.00 Writ and Summons for Witnesses to Appear

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.

 Writ and Summons for Witnesses to Appear Gamble, Archibald St. Louis County Circuit Court County Of St. Louis Sct. State Of Missouri , To the Sheriff of St. Louis County—Greeting.

You Are Hereby Commanded To Summon Clayton Tiffin and Alexis Amelin that setting aside all manner of excuse and delay, they be and appear in proper person before the Judge of our Circuit Court , Fifth day of December next at the City of St. Louis , then and there to testify and the truth to say in a certain matter of controversy now pending in our said Court, wherein Mariguette is plaintiff, and Samuel T. M Kinney and defendant, on the part of the plaintiff- and have you then there this writ.

Witness: Archibald Gamble , Clerk of our said Circuit Court , at the City of St. Louis , this 2nd day of November in the year of our Lord one thousand eight hundred and thirty two Archibald Gamble Clerk C. C. November Term 1832

Mariguette vs S.T. McKinney   CW Wahrendorff

for the plaintiff Clayton Tiffin 12 Alexis Amelin 14 on 5th Dec

Executed this writ on Clayton Tiffin on the 12th Nov 1832 and A. Amelin on the 14tNov 1832 by reading the same to them in the County of St Louis

John K Walker Sheriff by S. Brotherton shff $ 1.00 Writ and Summons for Witnesses to Appear

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.

 Writ and Summons for Witnesses to Appear Gamble, Archibald St. Louis County Circuit Court County Of St. Louis --Sct. State Of Missouri , To the Sheriff of St. Louis County--Greeting.

You are hereby commanded to summon Clayton Tiffin   Alexis Amelin that setting aside all manner of excuse and delay, they be and appear in proper person before the Judge of our Circuit Court , on the Twenty ninth day of March next at the City of St. Louis , then and there to testify and the truth to say in a certain matter of controversy now pending in our said Court, wherein Mariguette is plaintiff, and Samuel T M Kinney and Charles Wahrendorff are defendants, on the part of the plaintiff and have you then there this writ.

Witness: Archibald Gamble , Clerk of our said Circuit Court , at the City of St. Louis , this Twenty third day of February in the year of our Lord one thousand eight hundred and thirty three Archibald Gamble Clerk C. C.

Executed this writ by reading it to Clayton Tiffin and Alexis Amelin in the County of St Louis March 1st 1833

John K Walker Sheriff by J . Brotherton service $ 1.00 March Term 1833

Mariguette vs S.T.McKinney   W Wahrendorff

for plff Clayton Tiffin 1st Alexis Amelin 1st on 29th March Writ and Summons for Witnesses to Appear

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.

 Writ and Summons for Witnesses to Appear Gamble, Archibald St. Louis County Circuit Court County Of St. Louis --Sct. State Of Missouri , To the Sheriff of St. Louis County--Greeting.

You are hereby commanded to summon Clayton Tiffin   Alexis Amelin , that setting aside all manner of excuse and delay, they be and appear in proper person before the Judge of our Circuit Court , on the 25th day of July next at the City of St. Louis , then and there to testify and the truth to say in a certain matter of controversy now pending in our said Court, wherein Mariguette is plaintiff, and Samuel T M Kinney and Cha. Wahrendorff are defendants, on the part of the plaintiff and have you then there this writ.

Witness: Archibald Gamble , Clerk of our said Circuit Court , at the City of St. Louis , this 14th day of June in the year of our Lord one thousand eight hundred and thirty three A Gamble Clerk C. C. July Term 1833

Mariguette vs S.T. M Kinney   Chas Wahrendorff

for plaintiff Clayton Tiffin 18 Alexis Amelin 19 on 25th July

Executed this writ on Clayton Tiffin 18th on Alexis Amelin the 19th July 1833 in the County of St Louis

John K Walker Sheriff $ 1.00 Writ and Summons for Witnesses to Appear

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.

 Writ and Summons for Witnesses to Appear Gamble, Archibald St. Louis County Circuit Court County Of St. Louis --Sct. State Of Missouri , To the Sheriff of St. Louis County--Greeting.

You are hereby commanded to summon Clayton Tiffin   Alexis Amelin , that setting aside all manner of excuse and delay, they be and appear in proper person before the Judge of our Circuit Court , on the 2nd day of December next at the City of St. Louis , then and there to testify and the truth to say in a certain matter of controversy now pending in our said Court, wherein Mariguette is plaintiff, and Samuel T M Kinney and Charles Wahrendorff are defendants, on the part of the plaintiff and have you then there this writ.

Witness: Archibald Gamble , Clerk of our said Circuit Court , at the City of St. Louis , this 28th day of October in the year of our Lord one thousand eight hundred and thirty three Archibald Gamble Clerk C. C. November Term 1833

Mariguette vs M Kimmey   Wahrendorff

for plff Clayton Tiffin 18 Alexis Amelin 11 on 2d Decr

Executed this writ on Alexis Amelin 11th Clayton Tiffin 18th days of November 1833

John K Walker by Brotherton Service $ 1.00 Subpoena for Witnesses to Appear

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.

 Subpoena for Witnesses to Appear Gamble, Archibald St. Louis County Circuit Court County Of St. Louis , Sct. State of Missouri , To the Sheriff of St. Louis County, --Greeting.

We command you to attach Clayton Tiffin   Alexis Amelin by their bod ies, and them safely keep, so that you have their bod ies before the Judge of our Circuit Court , now in session at the City of St. Louis , within and for the County of St. Louis , forthwith 183, then and there to testify and the truth to say in a certain matter of controversy, now pending in our said Circuit Court , between Marguette is plaintiff and S. T. M Kinney   C Wahrendorff defendant, wherein the said Tiffin   Amelin have heretofore been summoned on the part of the said plaintiff

Witness, Archibald Gamble , Clerk of our said Circuit Court , at the City of St . Louis , this 10th day of December in the year of our Lord, one thousand eight hundred and thirty-Three A Gamble Clerk C. C.

Marguette vs Wm Kenney   Wahrendorff A

for Clayton Tiffin Alexis Amelin attachment

Executed this writ   the body of C Tiffin   A in Court 14th December 1833

by Service of 200