Sam, a person of color v. Elijah Mitchel and Alexander P. Fields
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To the Honorable the Judge of the Circuit CourtCircuit Court
of St Louis County

The petition of Sam a person of colour by LydiaLydia her next friend
presents

That LydiaLydia the mother of your petitioner
was formerly the slave of one ElishaElisha Mitchel MitchelElisha Mitchel
now deceased that said MitchelMitchell removed to the
territory now state of IllinoisIllinois and there held
said LydiaLydia as a slave, in the year 1807 or
there about - That after the death of said MitchelMitchell
his widowJennyMitchel administered on the
estate and in 1809 said LydiaLydia brought her
suit against said administration in the
General court of said territory of IllinoisIllinois to
establish her right to freedom - and was by
said court in said suit adjudged to be
free. That your petitioner was bornsince
the rendition of said Judgment and has
resided with his mother in IllinoisIllinois - That
said LydiaLydia since said Judgment and
her children since their birth including your
petitioner have enjoyed their liberty in
the territory and state of IllinoisIllinois until yesterday
when they were arrested imprisoned and seized
as slaves by one Alexander P FieldsAlexander P Fields
ElijahElijah Mitchel MitchelElijah Mitchel & others
and brought to the city of St LouisSt Louis where
they including your petitioner are now
imprisoned and held as slaves - That
said Fields Mitchel & others -

threaten and intend immediately to remove
your petitioner out of the state to prevent
his asserting his right to freedom, and to hold
or sell him as a slave elsewhere. Your
petitioner therefore prays that he may be
allowed to sue as a poor person - that such
order may be made & precedings had in
the premises is shall be according to law &
Justice

byLydiaLydia Sam & afree
person of colour
by LydiaLydia next friend

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County of St LouisCounty of St LouisSct

This day personally appears NathanNathan Cole
ColeNathan Cole and makes oath that Sam the petitioner
is free or entitled to freedom as this affiant
believes as stated in the petition That AlexanderAlexander P Fields
PAlexander P Fields FieldsAlexander P Fields & ElijahElijah Mitchel MitchelElijah Mitchel and others arrested and imprisoned
him in the state of IllinoisIllinois, and bought him
byforce to this city where they
until last night when he recognized him in close confinement and threatened
to remove him as soon as possible out
of this state with intent to hold him
in slavery and prevent his prosecuting
his claim to freedom -

NathanNathan Cole ColeNathan Cole

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County of St LouisCounty of St Louis

Having considered the facts stated in
the foregoing petition and affidavit I do
hereby order and direct that the petitioner
be permitted to sue as a poor person
to establish his right to freedom and
HenryHenry is assigned as counsel
for said petitioner

And I do further order adjudge
and direct that the petitioner have reasonable
liberty to attend his counsel and the court
when occasion may require and that the
petitioner shall not be taken or removed
out of jurisdiction of the Circuit CourtCircuit Court
of St LouisSt Louis county nor be subject to any
severity on account of his application for
freedom -

Given under my hand at my
chambers this 23 may 1832.

WillWill CCarrCarr

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In the JeffersonJefferson Circuit CourtCircuit Court

July Term 1832

County of St LouisCounty of St LouisSctSam a person of colour
by leave of the court here suing as a poor
person by GeyerGeyer his counsel assigned complains
of Alexander P FieldsAlexander P Fields & ElijahElijah Mitchel MitchelElijah Mitchel of a
plea of trespass assault & battery and
false imprisonment for that the
said defendant heretofore to wit on the
twenty second day of May in the year of our Lord eighteen hundred and thirty two made an assault upon the said
Sam the plaintiff to wit at the county afore
said and then and there beat bruised
and wounded & illtreated him the said
Sam and there and there imprisoned
him the saidSam and kept and detained
and still dothkeep and detain him
in prison there as a slave, without any
reasonble or probable cause whatsover
contrary to the law of the land and against
the will of the plaintiff and the said plaintiff
avers that before and at the time of committing
the grievances aforesaid he was and
still is a free person yet the said defendant
then & there held & still holds & detains
him in slavery contrary to the law of
the land at the county aforesaid
and the wrongs to the said plaintiff then
and there did to the damage of the plaintiff
of five hundred dollars & therefore he
brings suit

GeyerGeyer forPlff

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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 Alexander P FieldsAlexander P Fields and ElijahElijah Mitchel MitchelElijah Mitchel that
they be and appear before the Judge of our Circuit CourtCircuit Court at the next July
term thereof to be held at the City of St LouisCity of St Louis within and for the county of
Saint LouisSt Louis on the fourth Monday of July next then and there to answer
unto Sam a person of color by leave of the court here suing as a poor
person of a plea of trespassassault and battery to the damage of
the plaintiff of five hundred dollars

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Witness ArchibaldArchibald gamble Clerk of our
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said Circuit CourtCircuit Court at office this Twenty third day of May in the year of our Lord One thousand eight Hundred and thirty two

Archibald GambleArchibald Gamble Clerk

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Copy of order of the Judge permitting plaintiff to institute suit

County of St LouisCounty of St Louis

Having considered the facts stated in the foregoing petition and affidavit
I do hereby order and direct that the petitioner be permitted to sue as a poor person to
establish his right to freedom and HenryHenry SS Geyer GeyerS Geyer is assigned as counsel for said petitioner
and I do further order adjudge and direct that the petitioner have resonable liberty
to attend his counsel and the court when occasion may require and that the petitioner
shall not be taken or removed out of the jurisdiction of the circuit court of StSt Louis
LouisSt Louis county nor be subject to any severity on account of his application for freedom

Given under my hand at my chambers this 23. May 1832

WillWill CCarrCarr

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Served this writ on Alexander P FieldsAlexander P Fields on the 24th day of May 1832 by offering to to him the
declaration and the copy of the order of
judge the plaintiff to which
he refused to hear under
on the 26th of of the
month by offering to head the writ and declaration
to him and the order if the judge which
he referred to all of which was done in
city of St LouisSt Louis

John K WalkerJohn K Walker

Service $ 200
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Excuted on ElijahElijah alias
H. G. Mitchell his
refusing to hear
it read &c

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No 49

In St LouisSt Louis Cir Ct
July T. 1832

Sam
vs
Fields & Mitchele

Issue a summons
with copy of order

GeyerGeyer

Filed 23rd may 1832

Archibald GambleArchibald Gamble clerk

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By the Habeas Corpus Act

The State of MissouriMissouri-

To GeorgeGeorge Hammond HammondGeorge Hammond Esq. Greeting.

You are hereby commanded, that the body of Sam
a person of color who has been permitted to sue
for his freedom, in your custody (as is said) detained
under safe and secure conducttogether with
the day and cause of his captor & detainer by whatsoever name he may be called, you have before
the Circuit CourtCircuit Court for the County of St. LouisCounty of St Louis -
on the 30th day of May 1832, at the
Court house - - - - in the county of St LouisSt Louis
then & there to do submit to and receive whatsoever
shall be considered in that behalf -

Witness WilliamWilliam C CarrCarr Judge
of the there Judicial Circuit StateMissouri
of MissouriMissouri-at- St. LouisSt Louis this 26th day of May 1832>

WillWill : C. CarrCarr

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I have the body of the petitioner Sam before said
Court as furthercommanded on the 26th instant
at JeffersonJefferson County CountyJefferson County MissouriMissouri a warrant
wasdelivered against
Martin Mitchel & H C RusselRussel the said MitchelMitchell
calls his nameHenryHenry G Mitchel GHenry G Mitchel MitchelHenry G Mitchel said
MitchelMitchell & by virtue of a warrant for
Kidnapping & on the day aforesaid
said Sam was put in the jail of said County where
he has been kept & detained forsafekeeping
& for no other cause
May 30th 1832.

GG Hammond HammondG Hammond

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Sam

By the Habeas Corpus

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State of MissouriMissouri
County of St LouisCounty of St Louis
CarrCarr Judge of
the third Judicial

State of MissouriMissouri
St Louis County

The petitioner Sam having
been this day brought before me the Judge of
the Circuit CourtCircuit Court for St Louis County by writ of
HabeasCorpus and the persons in whose possession
said Sam was found having refused to
enter into Recognizance as required by law in
that behalf - I do therefore order & direct that
the sheriff of St Louis County do take possession
of the said Sam & hire him and from
time to time during the pending of the petitioners
suit for freedom & that the Sheriff take Bond
from the person or persons who when shall hire the
petitioner in the final sum of six hundred
dollars such as said shall
approve conditioned that said Sam shall
at all times during the pending of his said
suit have reasonable liberty of attending his counsel & the Court & that the said Sam
shall not be removed out of the jurisdiction
of the CircuitCircuit Court CourtCircuit Court of St Louis County or
subjected to any severity because of his application
for freedom and that the person or persons
having said Sam shall pay the here at the
time stipulated & return said Sam to said
sheriff at the of the time for which
he is hired or sooner if the action shall
sooner be determined - Given under my
hand this 30th May 1832

WillWill :C.CarrCarr

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No 49

St Louis Circuit CourtCircuit Court
July Term 1832

Sam-
vs
ElijahElijah Mitchel MitchelElijah Mitchel
& AlexAlexander P Fields PAlexander P Fields FieldsAlexander P Fields
orderfor
Juris

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Elihah MitchellMitchell & A P Fields
ads
Form

And the said defendants
by their attorney come and defend the force
and infamy where &C and say they are not
guilty of the grievances above in said declaration
laid to their charge in manner and force
as the said plaintiff hath above alleged, and
of this they putthemselves upon the county&c

Filed 26th July 1832

Archibald GambleArchibald Gamble Clerk

G W Foreman
atty

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Suggestion of death of plff suitBook 6 page 489

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No 49

Saint Louis Circuit CourtCircuit Court
July Term 1832

Sam
vs
ElijahElijah Mitchel MitchelElijah Mitchel &
Alex P Field -

Plea not Guilty

Foreman
atty

Filed 26th July 1832

Archibald GambleArchibald Gamble Clerk