an infant under the
age of twenty one years and a person of coulor by
her next friend JamesJames H HJames H . Peck complains of John
P. Cabbanne in a plea of trespass. For that the
said JohnJohn P Cabbane P CabbanneJohn P Cabbane on the first day of December in the year of our Lord one thousand eight hundred and twenty one with force and arms made
an assault on the said Pelagie to wit at the
township of St LouisSt Louis in the said County of S LouisCounty of S Louis
and then and there beat bruised and ill treated her
the said Pelagie and then and there imprisoned her
the said Pelagie, and kept and detained her in
prison there with out any reasonable or probable cause
whatsover for a long space of time to wit for the sapce
of eighty days then next following contrary to the laws
ot the state and against the will of the said Pelagie
and other wrongs to the said Pelagi then and there
did to the great damage of the said Pelagie and
against the peace of the State of MissouriMissouri

And for that the and JohnJohn P Cabbane P CabbanneJohn P Cabbane

on the first day of December in the year of our Lord
one thousand eight hundred and twenty onewith
force and arms made an assault upon the said
Pelagie to wit at the township of S LouisS Louis in the Said
CountyCounty of S Louis ofCounty of S Louis S LouisCounty of S Louis and then and there seised and
laid hold of the said Pelagie with great force
and violence and then and there with great force
and violence and about the said
Pelagie and then and there forced and compelled
the said Pelagie to go to the dwellig house of
the said John P CabbanneJohn P Cabbane , situate and being
in the said township and county and then and
there imprisoned the said Pelagie and kept and
detained her in prison there without any reasonable
or probable causewhatsoever for a long space of
time to wit for the space of eighty days then next
following and there all the said time forced
and compelled the said Pelagie to work and
labor and to perform menial and servile offices
for him the said John P CabbanneJohn P Cabbane , and did
during the said time to wit on the first day of February
in the year of our Lord one thousand eight hun-
dred and twenty two force and compel the said

Pelagie from and out of the said dwelling house
of him the siad JohnJohn P PJohn P . and to be transported and
conveyed to a great distance from said dwelling
house under the pretence of owning the said Pelagie
as his slave, to wit to the distance of forty miles down
the river MississippiMississippi to a place than and
being to wit at the township and county aforesaid
and did than and there imprison the said Pelagie
and keep and detain her in prison
there for a long space of time to wit for
the space of twenty five days, and did then and there
put and place the said Pelagie in irons and her
during all the said time last mentioned did detain in in irons contrary
to the laws of the said StateMissouri ofMissouri MissouriMissouri and ag-
ainst the will of the said Pelagie, whereby she the
said Pelagie was then and there not only hurt and bruised and wounded but was thereby then and
there exposed to great hazzard of her life libert
and rights and much injured in her condition
and circumstances to wit at the county of S LouisS Louis
aforesaid and other wrongs to the said Pelagie then
and there did against the peace of the said state
of MissouriMissouri wherefore the said Pelagie by her said
next friend is injured and hath sustained
damage to the amount of fivethousand dollars
and therefore she sues

This is an action of Trespass assault
battery and false imprisonment
Damages $ 5,000
Let a Summons
issue

Excuted this writ
by reading it & the declaration to the
defendant John
P. Cabbanne on
the 1st, march 1822
in St LouisSt Louis Town
=ship

We command you to summon JohnJohn P Cabanne P CabanneJohn P Cabanne that he be
and appear before the Judge of our CircuitCircuit Court CourtCircuit Court at the next Term thereof
to be held at the Town of S LouisS Louis within and for the County ofCounty of S Louis S LouisCounty of S Louis on
the first monday of June next then and there to answer unto Pelagie an
infant under thte age of twenty one years and a person of colour by her next
friend JamesJames Pecks of a plea ofTrespass to the damage of the said
plaintiff of five Thousand - and have you then there this writ

June Term 1822. And the said
John PJohn P Cabanne . CabanneJohn P Cabanne by his attornies comes and
defends the force and injury when and says
that he is not guilty of the said several supposed trespasses
in manner and form as the said Pelagie hath
above thereof complainedagainst him . and of this he puts himself upon the Country

And for a further plea in this behalf the
said CabanneCabanne says that the said Pelagie ought
not to have or maintain her aforesaid action
thereofagainsthim because he says that
at the said several times when the said Pelagie
was the slave of him the said Cabanne Court
at the county aforesaid and this he is ready to
verify wherefore he prays judgment if the said
Pelagie ought to have or maintain her afore
said action thereof against him.

And for a further plea in this behalf the said
CabanneCabanne says that the Said Pelagie ought not
to have or maintain heraforesaid action there

of against him because he says that the
said Pelagie was born the slave of a certain
Autome Soulard and hath ever since been held in
slavery and at the said time when Tc. was held as the slave of him the said CabanneCabanne
to wit at the county aforesaid and this
he the said CabanneCabanne is ready to verify wherefore
he prays judgement if the said Pelagie
ought to have or maintain her afore
said action thereof against him

Plea

You are hereby commanded to Summon Gregory SarpySarpy and
> PeterPeter ProvenchereProvenchere
that setting aside all manner of excuse and delay they be and appear in proper person before the Judge of
our Circuit CourtCircuit Court , on the6th day of February at the town of St. LouisSt Louis, then
and there to testify and the truth so say in a certain matter of controversy now pending in our said court,
wherein Pelagie a black Girl is plaintiff,
and John P CabanneJohn P Cabanne is defendant,
on the part of the defendant and have you then there this writ.

Served this
writ on Gregory
SarpySarpy on
the 24th Jan 1823

P
not found
in this county

for

You are hereby commanded to Summon
Gregoir Sarpy
PeterPeter Provenchere
that setting aside all manner of exuse and delay they be and appear in proper person before the Judge of
our Circuit CourtCircuit Court , on the fifth day of March at the town of St. LouisSt Louis, then
and there to testify and the truth so say in a certain matter of controversy now pending in our said court,
wherein Pelagie is plaintiff,
and Jean P CabanneJean P Cabanne is
defendant,
on the part of the Defendant and have you then there this writ

Executed on
Gregoire SarpyGregoire Sarpy 29th April 1823

On PeterPeter Proven
-chere the 2nd May 1823 in StSt Louis LouisSt Louis

for

JamesJames respectfully
that at the last term of this court
Pelagie a woman of colour and
under the age of twenty one years
by DavidDavid gaeth her next friend
Presented her petitionto this honor-
able Court setting forth facts (veri
fied by affidavit) which entitled
the said Pelagie her freedom. and
praying to be permitted to sue as
a poor person to obtain her freedom
that this honorable court in pur=
suance
of the prayer of said petitioner
directed an action of assault and
battery and false imprisonment
to be brought according to the
provisions of the Statue in that
case made and provided- and
did thereupon assign your petitioner
as couunsel for the said Pelagie to pro=

prosecute said suit that suit
was accordingly instituted and
is now pending. that such pro-
ceeding was had in said suit that
Francois Vallais the person who
claimed said Pelagie as his slave
and against whom the said action
was brought pursuant to said
Directions of this Court was at
the term of this court com
pelled or did enter into recogni
zance with condition thereto touch-
ing the Treatment by him to be towards the said Pelagie
in all things as the statute in that
case requires- your petitioner
further states that since the last
term of this Court as he is informed and believes the said Defendant
Francais Vallais, has sold said
Pelagie to oneJohn PJohn P Cabanne . CabanneJohn P Cabanne
of this County, who has recently sent
or caused said Pelagie to be conveyed
to St. Genevieve, and there to be shiped
on board of some boat for new
orleans and beyond the jurisdiction

of this court. and with a view of
having her sold as a slave beyond
the reach of justice. your petitioner
therefore prays that subpoenas may
issue for witnesses to prove the above
facts. to the end that a may
be obtained, as well upon the said
Vallais as the said Cabbanne(who
also well knew the pendancy
of the suit abovementioned) to
shew cause why an attachment
shewed not issue against them for
a contempt of Court in dis=
obeying the former order of this
Court. and a party lit-
igant in this court with a
to defeat the ends of justice

Jno P CabanneJohn P Cabanne