Theotiste alias Cathicthe v. Pierre Chouteau
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To the [ Honuorable ] Circuit Court of the CountyCounty of St Louis
of St. LouisCounty of St Louis, July Term 1827

The petition of Theotiste alias [ Cathicthe ], a woman of
colour, represents, that she was born in Prairie Durocher
in the now State ofIllinois IllinoisIllinois, in the family and possession
of Bourbeau, then an inhabitant of IllinoisIllinois;
That your petitioner was reared and brought up in a state
of slavery in Prairie Durocher, in the possession of said
Bourbeau, and remained in his family till
about nine or ten years ago, when she was brought to
this State, then the Territory of MissouriMissouri, where
she was sold to ManuelManuel Lesa; That said Lesa
held your petitioner in slavery [ untill ] his death, after
which she was sold at public sale and was bought
by Pierre ChouteauPierre Chouteau , junior, who still holds, her, and
exercises authority over her as a slave, by hiring her
and receiving the profits therefore, and by exercising
all manner of control over her, And your petitioner
represents that she is advised and believes, that being
born in the now state of IllinoisIllinois, and having been
brought up there, that she is, according to the laws of
the land entitled to her freedom from slavery, to exercise
and enjoy her natural liberty, of which she
has been unjustly deprived. And your petitioner represents,
that She can prove and establish the fact of her birth
and residence in IllinoisIllinois, by persons who reside there.

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Your petitioner therefore prays that this honorable Court
will permit and order that your petitioner be allowed
and permitted to institute suit for her freedom, against
the said Pierre ChouteauPierre Chouteau , junior, in this honorable Court,
and that she be permitted to sue as a poor person,
according to the form of the statute in that case made
and provided: and your petitioner will ever pray, etc.

PeterPeter FergusonFerguson
Theotiste,

alias [ Cathicthe ]
her mark
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State of MissouriMissouri
CountyCounty St Louis of St. LouisCounty St Louis

Personally appeared before me the
undersigned a Justice of the Peace within and for
the County and State aforesaid Theotiste, alias [ Cathiche ]
a woman of colour, the same person who subscribed
the foregoing petition, who being sworn by me, upon
her oath saith: that the facts set forth in the foreg-
going petition by her subscribed, as stated upon
her own knowledge are true, and those stated upon
the information by hearsay of others, she verily believes
are true and can be proved, and further, that she
knows of no person who can prove the facts stated in
her petition, to whom she thinks she could safely
confide her intention of initiating a suit for her freedom,
without incurring the hazard of being deprived of the
opportunity of making this application, by being sent out
of the jurisdiction of this court..

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Petition of
Theotiste alias Cathicthe
a woman of color

filed July 25th 1827

A G Clerk

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Sworn to and subscribed before me
this 24 July 1827

PeterPeter FergusonFerguson Justice of the peace
Country St. LouisSt Louis State ofMissouri MissouriMissouri

Theotiste alias CaticheCatiche
her


mark
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State of MissouriMissouri
County of St. LouisCounty of St Louis


In the Circuit CourtCircuit Court ,
July Term 1827.

Theotiste alias CathictheCaticheCatiche , a free woman of
colour, held in slavery, who is permitted by the Court
to sue, as a poor person, who by her attorney JohnJohn F Darby FJohn F Darby
DarbyJohn F Darby assigned as counsel by said Court, Complains
of Pierre ChouteauPierre Chouteau Jr JrPierre Chouteau Jr . of a plea of trespass, for
that heretofore to wit, on the first day of January one thousand eight hundred and twenty-seven, Anno Christi, with force and arms at the County of SaintCounty of Saint Louis
LouisCounty of Saint Louis, unlawfully an assault did make in and upon
the said Theotiste alias CathictheCaticheCatiche and then and there
did beat, bruise, wound and ill treat, her the said
Theotiste alias CathictheCaticheCatiche , and her the said Theotiste
alias CathictheCaticheCatiche then and there unlawfully and injuriously,
against the will and without the consent of the said
Theotiste alias CathictheCaticheCatiche and also against the laws of
this state, without any legal warrants, authority, or
justifiable cause did imprison &
detain; and hath ever since kept and detained her the
said Theotiste alias CathictheCaticheCatiche and still doth keep and
detain her in prison; and other wrongs to the said
Theotiste alias CathictheCaticheCatiche then and there did against
the peace of the state and the said CaticheCatiche doth aver that before and at the time of the committing the grievances she was & still is a free person & is held in slavery by said PierrePierre . Wherefore the said Theotiste
alias CathictheCaticheCatiche says she is [ injuried ] and has sus-
tained damage to the amount of five hundred dollars,
and therefore she sues &c

DarbyDarby for plff

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County of St LouisCounty of St Louis
The State of MissouriMissouri

To the Sheriff of said Country Greeting:

We commmand you to summon Pierre ChouteauPierre Chouteau Junior
that he be and appear before the Judge of our Circuit CourtCircuit Court at the
next term thereof to be held at the City of St LouisCity of St Louis within and
for the county of St LouisSt Louis on the fourth Monday of November next
then and there to answer unto Theotiste alias CaticheCatiche of a plea
of trespass to the Damage of the said Theotiste alias CaticheCatiche

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of five hundred dollars and have you then share their writ

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Witness ArchibaldArchibald Gamble GambleArchibald Gamble Clerk of our said
Court at office this 30th day of July 1827


Archibald GambleArchibald Gamble Clerk

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St. Louis Circuit CourtCircuit Court
July Term 1827

Theotiste aliasCaticheCatiche
vs
[ Pierre ChouteauPeter ]ChouteauPierre Chouteau

July 25th 1827

John F DarbyJohn F Darby presents the petition of Theotiste alias CaticheCatiche
praying that she may be permitted to institute suit against
[ Pierre ChouteauPeter ]ChouteauPierre Chouteau Junior to establish her right to freedom and
that she may be permitted to sue as a poor person thereupon the
Court permits the said Theotiste alias CaticheCatiche to sue as aforesaid
and direct that an action of assault and battery and false impris-
onment be commenced against the said defendant in the name of
the said Theotiste[ Alias ]CaticheCatiche and assignJohn F DarbyJohn F Darby Esquire
as her counsel and is it ordered by the court that the said defendant
permit the permit the plaintiff to have a reasonable liberty of attending
her counsel and the Court when occasion may require it and that
the said plaintiff shall not be taken or removed out of the jurisdiction
of this Court and that she shall not be subject to any severity of
treatment on account of her said application for freedom

A True Copy of the Order

ArchibaldArchibald Gamble GambleArchibald Gamble Clerk

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>No 6

In Circuit CourtCircuit Court
NovTerm 1827

Theotiste alias CathictheCaticheCatiche
vsPierrePierre Chouteau Jr ChouteauPierre Chouteau Jr JrPierre Chouteau Jr .

Decl.

This is an action of
trespass assault and battery
& false imprisonment

Let a summons issue

DarbyDarby P. Q.


Filed30th July 1827

Archd GambleArchibald Gamble Clerk

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Executed this writ on Pierre ChouteauPierre Chouteau
to him the writ & order of court the declaration he
himself read and acknowledgedserviceJuly 30th 1827

R SimpsonR Simpson Shff


Service #1.00
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Saint LouisSt Louis County court
In the Circuit CourtCircuit Court November Term 1827

Pierre Chouteau JrPierre Chouteau Jr
ats
Theotiste alias CaticheCatiche

And the said Pierre ChouteauPierre Chouteau in
by C. J. Hempstead his atty comes and defends
the force and injury when etc and says that he is
not guilty of the said supposed trespasses above laid
to his charge & any part thereof, in manner and form
as the said Theotiste alias CaticheCatiche hath above thereof
complained against him, and of this he the said PierrePierre Chouteau Jr
Chouteau JrPierre Chouteau Jr puts himself upon the County &c by

Chas Hempstead his atty

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Theotiste, alias CaticheCatiche
vs
Pierre ChouteauPierre Chouteau Jr JrPierre Chouteau Jr

And the said plaintiff, by DarbyDarby her
attorney doth the like.

DarbyDarby for the plff

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Pre Chouteau JrChouteau Jr

Theotiste, alias CaticheCatiche

Plea notGuilty

Filed18th December 1827

Arch GambleArchibald Gamble Clerk

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County of St. LouisCounty of St Louis, Sct.


The State of MissouriMissouri,

To the Sheriff of Saint LouisSt Louis County--Greeting:

You are hereby commanded to summon PeterPeter PerryPerry - Madame D'Loria- FrancoisFrancois
[ Caillow ]
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 the Second day of April , at the city of St. LouisSt Louis,
then and there to testify and the truth to say in a certain matter of controversy now pending in our
said Court, wherein Theotiste alias CaticheCatiche is plaintiff,
and Pierre ChouteauPierre Chouteau Jr JrPierre Chouteau Jr is defendant,
on the part of the plaintiff; and have you then there this writ.

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Witness, Archibald GambleArchibald Gamble , Clerk of our said CircuitCircuit Court
CourtCircuit Court , at the city of St. LouisSt Louis, this First day ofMarch in the year of our Lord one thousand eight hundred and twenty Eight

Archibald GambleArchibald Gamble

Clerk C.C.
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March Term 1828
Theotiste alias CaticheCatiche
vs
Pierre ChouteauPierre Chouteau Jr JrPierre Chouteau Jr

for PeterPeter PerryPerry

Madame D'Loria

FrancoisFrancois [ Cailloux ]

for Plaintiff
2nd April

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Executed this writ on FrancoisFrancois [ Calloux ]March 11 on
Madame [ De Loria ]March the 19th 1828, by
reading
to them the same
PeterPeter PerryPerry not found

Jas C Murdick D Shff


Service 1.00
-
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County of St. LouisCounty of St Louis, Sct.

The State of MissouriMissouri,

To The Sheriff of S LouisS Louis County--Greeting:

You are hereby commanded to summon Jn B Perin,
MadBazileBazile Mad [ Dubay EphraimDubay ] & EphraimDubay Ephraim Town
Mrs Town
that, setting aside all manner excuse and delay, they be and appear in proper person before the Judge
of our Circuit CourtCircuit Court , on the 2nd day of April, at the city of St. LouisSt Louis,
then and there to testify and the truth to say in a certain matter of controversy, now pending in our
said Court, wherein Theotiste alias CaticheCatiche is plaintiff,
and P. Chouteau JrChouteau Jr . defendant,
on the part of the Plff; and have you then there this writ.

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Witness, Archibald GambleArchibald Gamble , Clerk of our said CircuitCircuit Court
CourtCircuit Court , at the city of St. LouisSt Louis, this 27th day ofMarch in the year of our Lord one thousand eight hundred and twenty eight

A GambleArchibald Gamble

Clerk C.C.
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Executed this writ on John Perin
BazileBazile . Mad. [ Dube ]. & EphTownApril 1828
by reading to then the same On Mrs Town
by a copy left at her and was with a white
person over 15 years of age & a member of her family

Service 2.50 R. SimpsonR Simpson

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March 1828
Theotiste alias
CaticheCatiche
vs
P ChouteauPierre Chouteau

for

Jn B Perin

Mad BazileBazile

Mad [ Dube ]

Eph Town

Mrs Town

2nd April for

Plff

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County of St. LouisCounty of St Louis. Sct.

The State of MissouriMissouri,

To The Sheriff of Saint LouisSt Louis County -- Greeting:

You are hereby commanded to summon John BJohn B [ Perin ] - MdeBazileBazile - Mde [ Dubay EphraimDubay ] -
EphraimDubay Ephraim Town - Mrs E Town - Madam D'Loria - FrancoisFrancois [ Cailloux ]
that, setting aside all manner of excuse and delay, [ he ] be and appear in proper person before the Judge
of our Circuit CourtCircuit Court , on the Thirty First day of July, at the city of St. LouisSt Louis,
then and there to testify and the truth to say in a certain matter of controversy now pending in our
said Court, wherein Theotiste alias CaticheCatiche is plaintiff,
and [ Pierre ChouteauPeter ]ChouteauPierre Chouteau Junior is defendant,
on the part of the plaintiff; and have you then there this writ.

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Witness, Archibald GambleArchibald Gamble , Clerk of our said CircuitCircuit Court
CourtCircuit Court , at the city of St. LouisSt Louis, this Sixteenth day ofJune in the year of our Lord, one thousand eight hundred and twenty eight

Archibald GambleArchibald Gamble

Clerk C.C.
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July 1828
Theotiste alias CaticheCatiche
vs
[ Pierre ChouteauPeter ]ChouteauPierre Chouteau Jr.

for John BJohn B Perin

Madam Bazile

" [ Dubay ]

Ephraim Town

Mrs E Town

Madame D'Loria

FrancisFrancis [ Cailloux ]

for Plaintiff31st July

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County of St. LouisCounty of St Louis, Sct.

The State of MissouriMissouri,

To The Sheriff of Saint LouisSt Louis County--Greeting:

You are hereby commanded to summon PeterPeter PerryPerry - Madame D'Loria
FrancoisFrancois [ Cailloux ] - Made BazileBazile - Mde [ Dubay EphraimDubay ] - EphraimDubay Ephraim Town
and Mrs EphraimEphraim Town
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 the 27th day of November, at the city of St. LouisSt Louis,
then and there to testify and the truth to say in a certain matter of controversy now pending in our
said Court, wherein Theotiste alias CaticheCatiche is plaintiff,
and [ Pierre ChouteauPeter ]ChouteauPierre Chouteau Junior is defendant,
on the part of the plaintiff; and have you then there this writ.

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Witness, Archibale Gamble, Clerk of our said CircuitCircuit Court
CourtCircuit Court , at the city of St. LouisSt Louis, this seventh day ofOctober in the year of our Lord, one thousand eight hundred and twenty eight

Archibald GambleArchibald Gamble

Clerk C.C.
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November Term 1828
Theotiste alias CaticheCatiche
vs
[ Pierre ChouteauPeter ]ChouteauPierre Chouteau Jr"

for PeterPeter PerryPerry -

Madam D'Loria

FrancisFrancis [ Caillouz ] 27-

Mde Bazile

"[ Dubay ]

Ephraim Town

Mrs E Town out

27th November for Plff

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Executed this writ on EphraimEphraim Town Nov 3rd- on Madam
[ Dubay ]Nov 26th on FrancisFrancis [ Cailloux ]Nov 27th- PeterPeter
PerryPerry - Madam DLoria, Madam BazileBazile & Mrs
E Town not found-

[ Sumen ] 1.50
4 N E - 50

RSimpson Shff
by J SimondsJ Simonds DShff

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County of St. LouisCounty of St Louis, Sct.

The State of MissouriMissouri,

To The Sheriff of Saint LouisSt Louis County--Greeting:

You are hereby commanded to summon Madam - LaLa Chappelle ChappelleLa Chappelle - Madame RocheblaveRocheblave & John B. Perran
that, setting aside all manner of excuse and delay, they be and appear in proper in person before the Judge
of our Circuit CourtCircuit Court , on the 27th day of November, at the city of St. LouisSt Louis,
then and there to testify and the truth to say in a certain matter of controversy now pending in our
said court, wherein Theotiste alias CaticheCatiche is plaintiff,
and [ Pierre ChouteauPeter ][ Pierre ChouteauChouteau Jr ] is defendant,
on the part of the plaintiff; and have you then there this writ.

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Witness, Archibald GambleArchibald Gamble , Clerk of our said CircuitCircuit Court
CourtCircuit Court , at the city of St. LouisSt Louis, this 23rd day ofOctober in the year of our Lord one thousand eight hundred and twenty eight

ArchibaldArchibald Gamble GambleArchibald Gamble

Clerk C.C.
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Executed this and writ on Madm La ChappelleLa Chappelle &
Madm RocheblaveRocheblave Nov 27

Service 1.00


by R SimpsonR Simpson ShffD Guyler DShf

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November Term 1828
Theotiste alias CaticheCatiche
vs
[ Pierre ChouteauPeter ]ChouteauPierre Chouteau Jr.

for Mde La ChappelleLa Chappelle 27-

MdeRocheblaveRocheblave 27-

JohnJohn B Perran BJohn B Perran . PerranJohn B Perran

for defendant 27th November 1828

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County of St. LouisCounty of St Louis, Sct.

The State of MissouriMissouri,

To The Sheriff of S.LouisS Louis County--Greeting:

You are hereby commanded to summon Madame [ Dube ] Madame Rocheblave
JohnJohn Baptiste BaptisteJohn Baptiste Perran
that, setting aside all manner of excuse and delay, he be and appear in proper person before the Judge
of our Circuit CourtCircuit Court , on theforthwithday of, at the city of St. LouisSt Louis,
then and there to testify and the truth to say in a certain matter of controversy now pending in our
said Court, wherein Theotiste alias CaticheCatiche is plaintiff,
and Pierre Chouteau JrPierre Chouteau Jr is defendant,
on the part of the pltff; and have you then there this writ.

[missing figure]
Witness, Archibald GambleArchibald Gamble , Clerk of our said CircuitCircuit Court
CourtCircuit Court , at the city of St. LouisSt Louis, this 29th day ofNovember in the year of our Lord one thousand eight hundred and twenty eight

Archibald GambleArchibald Gamble

Clerk C.C.
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Executed this writ on Madam [ Duba ]Decr 1st - on Madame
RocheblaveRocheblave Decr 2nd 1828 in the City of St. LouisCity of St Louis
John BJohn B . [ Perrin ]not foundDecr3rd 1828

Jn SimondsJohn Simonds Jr Dp Shff


Service $1.50
non Ext $1.125
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Theotiste aliasCaticheCatiche
vs
Pierre Chouteau JrPierre Chouteau Jr

Subp

Madame [ Dube ] x

Madame RocheblaveRocheblave x

Jn Baptiste [ Perran ] x

forthwith

for plaintiff

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County of St. LouisCounty of St Louis, Sct.

The State of MissouriMissouri,

To The Sheriff of St Louis County--Greeting:

You are hereby commanded to summon Pierre MenardPierre Menard
Louis MenardMenard
that, setting aside all manner of excuse and delay, he be and appear in proper person before the Judge
of our Circuit CourtCircuit Court , on theforthwith, at the city of St. LouisSt Louis,
then and there to testify and the truth to say in a certain matter of controversy now pending in our
said Court, wherein Theotiste alias CaticheCatiche is plaintiff,
and Pierre Chouteau JrPierre Chouteau Jr defendant,
on the part of the Pltf; and have you then there this writ.

[missing figure]
Witness, Archibald GambleArchibald Gamble , Clerk of our said CircuitCircuit Court
CourtCircuit Court , at the city of St. LouisSt Louis, this Second day ofDecr in the year of our Lord one thousand eight hundred and twenty eight

Archibald GambleArchibald Gamble

Clerk C.C.
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Executed this writ on Louis MenardMenard
Decr 3rd 1828 in St LouisSt Louis

D. E. Guyler Dp Shff


Service $0.50
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Theotiste alias
CaticheCatiche
vs
P. ChouteauChouteau Jr JrChouteau Jr

for

Louis MenardMenard

forthwith for

Pltf

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County of St. LouisCounty of St Louis, Sct.


The State of MissouriMissouri,

To The Sheriff of St Louis County--Greeting:

You are hereby commanded to summon Madme [ Rochblave ] - Baptiste
Roy Alexis Tebeau, Madme AlexisAlexis Blondeau
that, setting aside all manner of excuse and delay, he be appear in proper person before the Judge
of our Circuit CourtCircuit Court , on forthwith, day of at the city of St. LouisSt Louis,
then and there to testify and the truth to say in a certain matter of controversy now pending in our
said Court, wherein CaticheCatiche is plaintiff,
and [ Pierre ChouteauPeter ]ChouteauPierre Chouteau jr is defendant,
on the part of the Defendant; and have you then there this writ.

[missing figure]
Witness, Archibald GambleArchibald Gamble , Clerk of our said CircuitCircuit Court
CourtCircuit Court , at the city of St. LouisSt Louis, this 3d day ofDecember in the year of our Lord, one thousand eight hundred and twenty eight

Archibald GambleArchibald Gamble

Clerk C.C.
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[missing figure]

Executed this writ on Baptiste Roy, Madme
RocheblaveRocheblave and Madme Blondeau Dec. 6 1828
by reading to them the same - [ Elexis Teabeau ]
not found

Service $1.50
1 N Ext

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CaticheCatiche
vs
ChouteauChouteau jr

Baptiste Roy

Alexis Tebeau

Madme [ Rochblave ]

Madme Blondeau

in for dft forthwith

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County of St. LouisCounty of St Louis, Sct.

The State of MissouriMissouri,

To The Sheriff of St Louis County--Greeting:

You are hereby commanded to summon Joseph CharlesCharles S Hempstead
S. HempsteadCharles S Hempstead Sr. John B. Perran
Mad [ Dube ] Ephriam Town & Mrs E Town
& Ephriam Town
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 the 9th day of Decr, at the city of St. LouisSt Louis,
then and there to testify and the truth to say in a certain matter of controversy now pending in our
said Court, wherein Theotiste alias CaticheCatiche plaintiff,
and Pierre Chouteau JrPierre Chouteau Jr defendant,
on the part of the Pltf; and have you then there this writ.

[missing figure]
Witness, Archibald GambleArchibald Gamble , Clerk of our said CircuitCircuit Court
CourtCircuit Court , at the city of St. LouisSt Louis, this 8th day ofDecr in the year of our Lord one thousand eight hundred and twenty eight

A GambleArchibald Gamble

Clerk C.C.
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[missing figure]

Executed this upon Joseph Charles Sr Stephen
Hempstead Senr. John B. Perran, Mad [ Dubey ] Ephriam
Town & MrsEphriam Town by reading the same to
each of them Decr. 8th 1828-

Service $ 3.00

R SimpsonR Simpson Shff

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[missing figure]
Theotiste alias
CaticheCatiche
vs
P. Chouteau JrChouteau Jr

for

Joseph Charles Sr

S. Hempstead Sr

Jn B PerranJohn B Perran

Mad [ Dube ]

Ephriam Town

Mrs E Town

9th Dec for

Pltf

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[missing figure]
Theotiste alias CaticheCatiche
vs
PierrePierre Chouteau Jr Chouteau JrPierre Chouteau Jr

In the St. Louis Circuit CourtCircuit Court
November Term 1828.

suit for freedom in form of an
action of assault & Battery and
false imprisonment.

The plaintiff in the above cause states that she
feels [ her=self ] aggrieved by the decision or judgment
in the Circuit CourtCircuit Court in the above case, and wishes to
take an appeal to the Supreme CourtSupreme Court , and this affiant
further states that the application for an appeal is
not made for the purpose of or delay, but be-
cause the affiant verily believes she that herself the present applicant
and plaintiff in the above case, aggrieved by the decision
or judgment upon which this appeal is prayed

Sworn to and Subscribed
before me9th December 1828
PeterPeter FergusonFerguson Justice
of the peace County St LouisCounty St Louis


Theotiste alias her

X

mark CaticheCatiche .
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Filed December 1828

ArchibaldArchibald Gamble GambleArchibald Gamble Clerk

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Theotiste alias CaticheCatiche
vs
PierrePierre Chouteau ChouteauPierre Chouteau jr

In St. Louis Circuit CourtCircuit Court

John BJohn B Sarpy SarpyJohn B Sarpy agent for said
Defendant being duly sworn says, that he is
informed and believes it true that this is an action
brought for freedom from Slavery, on the ground of
her being born in the late Northwestern Territory
at PrairiePrairie du rocher in the present state of IllinoisIllinois-
this affiant further states, that he is informed and
believes it true, that a Copy (authorized
according to law) of the Register of births and baptisms
in the village of prairie du rocher is material
testimony for said Defendant in this cause, inasmuch
as this affiant is informed and believes true, that
the age of said plaintiff, and the time she was
baptized can be proved by said Register, and
this affiant does not know of any other testimony
by which the same facts can be proved, without
which this affiant verily believes, said defendant
cannot safely go to trial; This affiant further
states, that he is informed and believes it
true, that in order to obtain said testimony
said Defendant before the present term of this
Court, obtained a to State of IllinoisIllinois
and caused due notice to be served on the
plaintiffs attorney that depositions for said defendant
would be taken at said village of PrairiePrairie du
rocher at the house of HenryHenry ConnorConnor Esq in said
village sometime during the week preceding the
present term of this Court, and that the papers
were sent in time by mail to ColPeterPeter Menard MenardPeter Menard
of KaskaskiaKaskaskia to have said deposition taken.

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But if said testimony has been taken this affiant does
not know, he is informed no deposition has been received
by the Clerk of this Court in this cause; this affiant
further states he does not know of any witness within the
reach of the process of this Court who can prove the
time and place of said plaintiffs birth, and that by
the next term of this count, the verily said testimony can be had

John B SarpyJohn B Sarpy

Sworn to in open courtDec 3rd 1828

A GambleArchibald Gamble Clerk

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CharlesCharles S Hempstead SCharles S Hempstead HempsteadCharles S Hempstead being duly sworn says
he obtained the and gave the notice to take
depositions as stated in J. B. Sarpys affidavit-
and sent the same with instruction what testimony
to take and how to take it, to Col P. Menard
of KaskaskiaKaskaskia who promised this affiant personally to
attend to taking said depositions; enclosed in
a Letter to said Col.Menard by mail, in time before
the said depositions were to be taken-the depositions
have not arrived-that he knows of

Chas S. Hempstead

Sworn to in open
court Dec 3rd 1828

A GambleArchibald Gamble Clerk

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November Term 1828
Theotiste alias CaticheCatiche
vs
[ Pierre ChouteauPeter ]ChouteauPierre Chouteau Jr

-affidavit-

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[missing figure]
Theotiste alias CaticheCatiche
vs
Pierre Chouteau, Jr

Suit for freedom in the Saint LouisCircuit Court
Circuit CourtCircuit Court , tried at the November Term of said Court 1828. In form of
an action of assault & Battery & false
imprisonment.

Be it remembered that on the trial of this cause it was proved
that the plaintiff was born at PrairiePrairieDuRocherRocher , in that part of the
the late North Western Territory of the United StatesUnited States, which now forms
the state of IllinoisIllinois, in the month of January 1782: That said plain-
tiff was born a slave in the family of W Barbeau a French inhabitant of the
village of PrairiePrairie Du RocherRocher , by whom she was held as a slave at
PrairiePrairie Du RocherRocher from the time of the birth of said plaintiff until
the death of said Barbeau which happened some ten or fifteen years
after the birth of said plaintiff. That said plaintiff was sold as
a slave at PrairiePrairie Du RocherRocher , after the death of said Barbeau by
the executor of said Barbeau or some other person, who claimed
her as a slave & who held said plaintiff in slavery in said late
North West Territory of the U. StatesUnited States, now state of IllinoisIllinois, by title
derived form, said [ Barbo ]. That in or about the year 1809or1810 said
plaintiff was brought from said North West Territory of the UnitedUnited States
StatesUnited States, now state of IllinoisIllinois, by a person claiming title to her as
a slave & by whom she was held in slavery, under title derived
from [ Barbo, ]Barbeau to St. LouisSt Louis in the then territory, now state of MissouriMissouri
where she was sold as a slave to one Manuet LisaLisa , under title
derived from whom the present defendant claims the defendantas his slave
where said plaintiff has been held in slavery from the time that
she was first brought to St. LouisSt Louis, to the commencement of this
Suit. No other evidence was given in the cause by either party. The counsel for the plaintiff asked the court to give the
following instruction to the Jury, Viz. "That if the jury believe from the evidence, that the plaintiff
was born in the late North Western Territory of the United StatesUnited States,
now state of IllinoisIllinois, in the year 1782 and was held there as
a slave, since the 13th July 1787, and has since been held as
a slave, they ought to find for the plaintiff." Which instruction the Court refused to give to the jury-to which
refusal the plaintiff of the Court, the plaintiff, by her counsel
excepts. The Court then instructed the Jury, that if they be-
lieved from the evidence that the plaintiff was a slave born in the late
North Western Territory of the United StatesUnited States, in that part of said
Territory, which now formed the state of IllinoisIllinois, prior to the
13th July 1787nonwithstanding sheand has been held in slavery there since
that time, they ought to finds for the plaintiff defendant.

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To the giving of which last mentioned instruction, given
by the Court to the Jury, the plaintiff, by her counsel
excepts, and prays the Judge of the Court to allow the
exceptions and sign and seal the same for a testimony
in the cause, and that the Court will permit this her bill
of exceptions to be filed and become part of the record
in this cause, which is done accordingly

WillWill C. CarrCarr

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[missing figure]
Theotiste or CaticheCatiche
vs
[ Pierre ChouteauPeter ]ChouteauPierre Chouteau Jr.

Filed 23rd December 1828

ArchibaldArchibald Gamble GambleArchibald Gamble Clerk