MargueriteMarguerite a free woman of Color, who is
permitted by the Court to sue by her next
friend PierrePierre Barribeau, as a poor person
for her freedom, by her [ Attornies ] Harris Gamble and
McGirkMcGirk assigned as counsel by the court, com
plains of PierrePierre Chouteau ChouteauPierre Chouteau of a plea
of Trespass,forthat the said PierrePierre , hereto
for to wit, on the first day of January, in the year of our Lord Eighteen hundred and twenty five, with force and arms, at the county of
St. LouisSt Louis, unlawfully an assault did make in &
upon the body of the said MargueriteMarguerite , and
then and there beat bruised and ill treated
her the said MargueriteMarguerite , and then and there imprisoned
her the said [ MargueriteMarguerite ], and kept &
detained her in prison without any reasonable
or probable cause whatsoever, against her will
and has ever since kept and detained her in
prison, and still keeps & detains her in prison
against the will of the said MargueriteMarguerite , and
contrary to the laws of the state, and other wrongs
to the said MargueriteMarguerite then and there did -
against the peace of the state, Wherefore the said
MargueriteMarguerite says she is greatly injured, and hath
sustained damage to the amount of five hundred
dollars, and therefore she brings her
suit.

We command you to summon PierrePierre Chouteau ChouteauPierre Chouteau Senior that he be and appear
before the Judge of our circuit court at the next term thereof to be held at the City ofCity of St Louis
St. LouisCity of St Louis within and for the county of St. LouisSt Louis on the fourth [ monday ] in July next
then and there to answer unto MargueriteMarguerite a free woman of color who is permitted
by the court to sue by PierrePierre Barribeau her next friend as a poor person of a plea
of trespass to the damage of said plaintiff of five hundred dollars, and have you
then there this writ.

To the Clerk
This is an action of Trespass
[ Assault ] & Battery &
false imprisonment.

Issue a summons
for PierrePierre Chouteau Sr ChouteauPierre Chouteau Sr SrPierre Chouteau Sr

Executed this writ on PierrePierre Chouteau ChouteauPierre Chouteau StJune 14th 1825 in the CityCity of St Louis
of St. LouisCity of St Louis, by giving the writ & declaration to him to read and his
acknowledging the service thereof.

And said PierrePierre Chouteau ChouteauPierre Chouteau by his attorney
comes and defends the force and injury when
and says as to the assaultingill treating
and imprisoning the saidMargueriteMarguerite as in said
declaration mentioned that the saidMargueriteMarguerite ought
not to have or maintain her aforesaid action thereof
against him because he says that before and at all
the time when see in said declaration mentioned to
at St LouisSt Louisaforesaid the saidMargueriteMarguerite was a slave
in the lawfulpossession and service of said PierrePierre Chouteau ChouteauPierre Chouteau
wherefore the said PierrePierre then and there detained and
still doth detain said MargueriteMarguerite in his service and
possession which and and the
assaultingbeatingill treating bruising&imprisoning
the said MargueriteMarguerite in said declaration mentioned
and this the same PierrePierre Chouteau ChouteauPierre Chouteau is ready to verify
wherefore he praysjudgment if the said MargueriteMarguerite
ought to have or maintain her aforesaid action
against him

plea

And the
said plaintiff says that the plea of the
said defendant and the matters and
things therein contained, in manner
and form as the same are therein
stated and set forth, are not good and
sufficient in law to bar or
the said plaintiff from having and
maintaining her aforesaid action
thereof against the said defendant,
and that the said plaintiff is not
bound by the law of the land to answer
the same, and this the said plaintiff
is ready to verify, wherefore for the
want of a sufficient plea in this behalf
the said plaintiff prays judgment

to plea

And the said defendants come
and defend the force and injury when
and say that they are not guilty of the said
several supposed his trespasses any of them
in manner and form as the said MargueriteMarguerite
hath above thereof complained against
them &c.

PPierre Chouteau ChouteauPierre Chouteau Senr


Marguerite

And the said MargueriteMarguerite , by her [ attornies ], as to
the said Plea of the said PierrePierre Chouteau Sr Chouteau SrPierre Chouteau Sr
by him first above pleaded, as to the said several
trespasses in the introductory part of that plea
mentioned, and therein attempted to be justified,
Saith, that she the said MargueriteMarguerite ,
by reason of any thing by the said PierrePierre
in that plea alleged, ought not to be barred
from having and maintaining her aforesaid
action thereof against him the said PierrePierre , because she saith, that she the said MargueriteMarguerite
was not, at the time of the committing of
the said several trespasses by him the said
PierrePierre , in her said declaration set forth, nor is she
now a slave, as the said PierrePierre in his said
Plea hath above alleged, but that she the
said MargueriteMarguerite was at the time of the committing
of the said several trespasses, by the
said PierrePierre , in her said declaration above
set forth, and is now a free person by and
according to the usages, customs and laws of the
land, and ought not to be held and detained
as a slave in the possession and service of
the said PierrePierre , nor of any other person by or under
whom the said PierrePierre may claim, and this
she the said MargueriteMarguerite prays may be enquired
of by the County .

Farris Gamble &
McGirkMcGirk , Attys for
plff

The above named [ Margaritte Hortiz ] being sworn, says, that he was summoned in the
above case, on the part of the Defendant, and attended 13 days at the March term, 1827; and that he has to travel the number of miles above charged, in attending Court; and that he has not claimed attendance as witness in any other case during the same time.

[ Margartt Hortiz ] $6.50

1 Verdictagainstevidence

2 Against Law

3 That Judgeerred in leaving the matter
of law to be informed or decided by
the Jury

4 That Juryfounded their verdict upon
the supposedemancipation of the
plaintiff and not upon any original
right to freedom as derived from either
her maternalorpaternalancestor

5 The court erred in giving the instructions
prayed for by the plaintiff to the jury

- Bates
& Geyer for deft

Reasons filed for
new trial Dec. 11th 1826