Vivia, a woman of color vs. Martin Mitchel, Henry G. Mitchel, Henry C. R.
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To the HonorableWilliamWilliam C.
of the circuit court of the county of
St. LouisSt Louis

Your petitionerViviaVivia humbly
that she is a woman of color
that she was brought sevenyears since
to the state of MissouriMissouri by aman named
and afterward then to the state
of IllinoisIllinoiswhereshe obtained her
freedom and that for severalyears she
has said lived both in the state of IllinoisIllinois
and in the state of MissouriMissouri as a free
person that since the year1827 she
has been a servant of the city of St. LouisSt Louis
where she nowresides; not a man who
appears as the agent of our
has had your petitionercommittedtojail
as a runawayslave your petitioner
prays that she may be permitted

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to sue as a free person to establishher
right to freedom and that yourhonor
the proper order to protect
herfor removal for the date
or of this courtwhich the said shall
be pending

Vivia

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State of MissouriMissouri
County of Saint LouisCounty of Saint Louis

Be it Remembered that on this Tenth day of December in the Year Eighteen Hundred & thirty one before me P Ferguson a justice of the peace in
and for the county aforesaid appeared ViviaVivia the above named petitioner who being duly
sworn on her oath saith that the statement by her made and set forth in the above
petition is true

her
ViviaVivia
mark

Sworn to and signed before me the 10th day of December 1831.

PeterPeter FergusonFerguson

Justice of the peace county St. LouisSt Louis
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In the St Louis CircuitCircuit Court
CourtCircuit Court to march term 1832

St LouisSt Louis county to wit ViviaVivia a woman
of color who sues by permission of the
court complains of MartinMartin Mitchell MitchellMartin Mitchell
of a plea of trespass. For that the same
MartinMartin that she on the 10th day of November in the year 1831 with force
and arms made an assaultupon the
said ViviaVivia to wit at the county of
St LouisSt Louis and then and there beat
bruised and illtreated her the said
ViviaVivia and then and there imprisoned
her the said ViviaVivia and left and after
and for the said ViviaVivia in prison there
without any reasonable or probablecause
whatsover for a longtime to wit for
the space of four hours then next following
to law and against the
will of the said ViviaVivia And the said
ViviaVivia avers that you and I the time

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of writing the said grievances she was
and still is a free person and the aforementioned
but then held and still holds and detains
her in slavery
and other wrongs to the said ViviaVivia
then and there did to the great damage
to the said ViviaVivia and against
the of the state wherefore she
the said ViviaVivia says she is injured and
has sustained damage to the amount of
$ 500 and therefore she bringssuit a

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ViviaVivia a woman
of color
vs
MartinMartin Mitchell MitchellMartin Mitchell

This is an action
of trespassforfreedom

Filed 20th December 1831

Archibald GambleArchibald Gamble Clerk

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County of Saint LouisCounty of Saint Louis ss
The State of MissouriMissouri

To the Sheriff of the County of Saint LouisCounty of Saint Louis Greeting
We command you to summon Martin MitchellMartin Mitchell , that the
be and appear before the Judge of our Circuit CourtCircuit Court at the
next March term thereof to be held at the city of St LouisSt Louis
within and for the County of Saint LouisCounty of Saint Louis on the fourth Monday
of March next then and there to answer unto ViviaVivia a woman
of Color who sues by the permission of the Court of a plea of trespass
wherefore the said ViviaVivia says she is injured and has sustained
damage to the amount of five Hundred dollars and have you
then there this writ

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Witness Archibald GambleArchibald Gamble Clerk of our
said Circuit Count at office this Twenty
third day of December One thousand eight Hundred and thirty one

Archibald GambleArchibald Gamble Clerk

MartinMartin Mitchell MitchellMartin Mitchell not found in my county
50cts John & Walker Shff
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No 19

Saint Louis Circuit CourtCircuit Court
March Term 1832

ViviaVivia
vs
Martin MitchelMartin Mitchel

Trespass Assault âBattery and
FalseImprisonment

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State of MissouriMissouriCircuit CourtCircuit Court third Judical
Circuit March Term 1833

Saint LouisSt Louis County Ss ViviaVivia a woman of colour
by Bud her attorney complains of HenryHenry C
& Henry G MitchelHenry G Mitchel of a plea of
trespass assault & Battery for this that
heretofore to wit on the first day of July AD 1832 at St LouisSt Louisaforesaidwith
force & arms the said defendants did make did make
an assault upon the said ViviaVivia & her
the said ViviaVivia did then & there beat
& imprison without & reasonable & probable
cause whatsoever & did keep & detain her
in prison there for a long span of time
to wit for the space of Twenty four
hours there next ensuing & other
then & there did against the peace &
dignity of said state & to the plantiff
Damage of five hundred dollars and
said plantiff avers that at and before the time of the committing of said
crimes she was & now is a free person
& that said defendants held & detained
& still hold & detain her in slavery therefore
she sues

GA BirdGA Bird attorney
for Plff

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HenryHenry C
Henry G MitchelHenry G Mitchel

ViviaVivia a Woman of
colour

And said defendants
came & defend the wrong
& injury when he and
they are not guilty in manner
& form as said plantiff
has above in his declaration
alleged & of this they put thousands
upon the country.

and plantiff doth
the like

J. W. Foreman
atty

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Declaration plea filed Book 6 pages 491

Sub & Judge 492

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No 19

March Term 1832

ViviaVivia a woman of color
vsHenryHenry C &
Henry GHenry G Mitchel MitchelHenry G Mitchel C

Declaration for
Freedom assault &
Battery Damage
$ 500

appearance by
Defto & plea of
General issue

filed May 4th 1833

A GambleArchibald Gamble Clk