David Shipman vs. Stephen Smith
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St Louis Circuit CourtCircuit Court

For the July Term thereof in the year one thousand eight hundred and twenty seven.

St Louis County Ss: DavidDavid Shipman a free mulatto
boy permitted to sue as a pauper by JJ Spalding . SpaldingJ Spalding his attorney
assigned to prosecute herein, complains of Stephen SmithStephen Smith
of a plea of trespass. For that said SmithSmith on the first day of May in the year of our Lord one thousand eight hundred and twenty seven at the County aforesaid on
assault did make upon said DavidDavid Shipman, with force
& arms &,C, and did then and there beat bruise and ill treat
him said plaintiff and then and there imprisoned
him and kept him and detained him a prisoner there
without any reasonable or probable cause whatsoever
for a long time to wit, to the present time of filing
this declaration, contrary to law and against the will
of said plaintiff and then and there held and detained said
plaintiff in slavery and still holds and detains him in
slavery: and then and there did other wrongs to said
plaintiff to his damage of five hundred dollars & therefore he beings his suit &,C,

JJ Spalding SpaldingJ Spalding atty
for plff

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County of St LouisCounty of St Louis Ss.
The State of MissouriMissouri

To the Sheriff of said County Greeting

We command you to summon Stephen SmithStephen Smith 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 LouisCounty of St Louis on the fourth monday of July next then and
there to answer unto DavidDavid Shipman a free mulatto boy of a plea of trespass to
his damage of five hundred dollars and have you then there this writ

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Witness Archibald GambleArchibald Gamble Clerk of our said Court at office
this Ninth day of May in the year 1827

Archibald GambleArchibald Gamble Clerk

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and the saidStephenStephen by GeyerGeyer his attorney comes
a defends the force & injury when & says that he is not
guiltyin manner & force as the plaintiff hath above thereof
complained against him & of this he puts himself upon the
county & C GeyerGeyer

Plea
filed July 27th 1827

A G Clk

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St Louis County-

Before WilliamWilliam C CarrCarr Judge of the St Louis Circuit CourtCircuit Court at
ChambersChambers this 9th of May 1827

On reading the within petition and the annexed affidavit and being of opinion
that said petition contains sufficient matter to authorize the commencement of
suits for freedom in the name of each person within named claimed as a slave it is
ordered that said MillyMilly , Harry DickHarry Dick , WilliamWilliam and DavidDavid Shipman be permitted to
sue as poor persons to establish their freedom respectively and that JosiahJosiah Spalding SpaldingJosiah Spalding be
assigned as their counsel. It is further ordered that the said petitioners have reasonable
liberty to attend then said Counsel & the Court when occassion may require and that said
petitioners shall not be taken or removed out of the Jurisdiction of the St LouisSt Louis Circuit
court where said suits an to be commenced, nor shall be subject to any severity on account
of their application for freedom and being satisfied that the said petitioners an about
to be removed out of the Jurisdiction of the St Louis Circuit CourtCircuit Court , it is further ordered that
that the within named Stephen SmithStephen Smith (whois to be made defendant in the said suits shall
enter into a recognizance with a sufficient security conditioned) that the petitioners shall at all
times during the said suit have reasonable liberty of attending their counsel, and that said
petitioners shall not be removed out of the Jurisdiction of said St Louis Circuit CourtCircuit Court and it further
appearing that said SmithSmith refuses to enter into said recognizance it is hereby ordered that
the Sheriff of St Louis County take possession of the petitioners and hire them out to the best advantage
from time to time during the pendency of said suits and that he take a bond from each person
hiring any of said petitioners in the penalty of three hundred dollars for each, person hired
out exclusive of the infant conditions according to law- Given under my hand the day
& year above written WillWill . C CarrCarr Judge 3 J Circuit-

A True Copy of the Order

Archd GambleArchibald Gamble Clerk

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Executed this writ on Stephen SmithStephen Smith May 10. 1827
in the City of St LouisCity of St Louis, by informing saidSmithSmith of
the contents and objects thereof and his acknowledging
the service of the same

R SimpsonR Simpson Sheriff

Service $ 1.00
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No 17

July Term 1827
St. Louis Circuit CourtCircuit Court

DavidDavid Shipman
vs.
Stephen SmithStephen Smith

Trespass for freedom, Issue summons. J SpaldingJ Spalding Atty.

Filed 9th May 1827

Archibald GambleArchibald Gamble Clerk

Special Verdict Book 5 page 286 Judgement 5 page 538

A.GambleArchibald Gamble Clerk