Matilda, a person of color v. Henry G. Mitchel and Henry C. Russell
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July term 1832

St LouisSt Louis county to wit MatildaMatilda a woman of
color who sues by permission of the courtcomplains
of HenryHenry G Mitchel GHenry G Mitchel .MitchelHenry G Mitchel and HenryHenry C
RusselRussel of a plea of trespass. For that the said
HenryHenry G Mitchel GHenry G Mitchel .MitchelHenry G Mitchel and HenryHenry C.RusselRussel on the
22 day of May in the year 1832 made
an assault upon the said MatildaMatilda to wit
at the county of St LouisSt Louis and then and
there beat bruised and ill treated the said
MatildaMatilda and then and there imprisoned her
the said MatildaMatilda and left and detained
her in person there without any reasonable
or probable cause whatsoever for a long space
of time to wit for the space of twenty four
hours next following contrary to law and
against the will of the said MatildaMatilda
and the said MatildaMatilda avers that before and
at the time of the committing of the above
grievances she was and still is a free person
and that the defendants then held and detained
her in slavery and still holds and detains
her in slavery and other wrongs to the said Ma

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tilda then and there did against the
of the state and to the damage of the
said MatildaMatilda five hundred dollars and
therefore she bringssuit&c

pq

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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 HenryHenry GMichell and HenryHenry
CRusselRussel that they be and appear before the Judge of our CircuitCircuit Court
CourtCircuit Court at the next July term thereof to be held at the City ofCity of St Louis
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 MatildaMatilda
a woman of color who sues by permission of the Court of a plea
of trespass to the damage of the said MatildaMatilda five hundred
dollars and have you then there this writ

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Witness Archibald GambleArchibald Gamble Clerk of our
said Circuit CourtCircuit Court at office this twenty eighth day of May 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

The within named petitioner is allowed to sue for the purpose of establishing
her right to freedom the clerk of the Circuit court for St LouisSt Louis will issue a
writ agreeably to the statute is such cases made & provided & it is hereby
ordered that said MatildaMatilda have reasonable liberty of attending her counsel
& the court whenever occasion may require - that she be not subjected to
any severity on account of her application for freedom nor be removed out
of the jurisdiction of the court - Given under my hand at my chambers
this22 May 1832

WillWill C CarrCarr Judge 3. Circuit A true copy of the order of the Judge

A GambleArchibald Gamble Clerk

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State of MissouriMissouri
St Louis County Ss

where as MatildaMatilda who has
petitioned to sue for freedom has been this day
been brought before MrWilliamWilliam CCarrCarr a
Judge of the Circuit CourtCircuit Court for said state
& in said County by writ of HabeasCorpus
and whereas the persons in whose
possession said MatildaMatilda was found have
refused to enter into Recognizance as the law
requires - The shiriff of St Louis County is therefore
ordered to take possession of said MatildaMatilda
& to hire her and from time to time
during the pending of her suit for freedom
taking Bond from the person hiring her within
such security as the shriff shall appear in
the finalsum of five hundred Dollars
understand that said MatildaMatilda shall
at all times have resonable liberty of
attending the court & her counsel & that
she shall not during the pending of her
suit be removed out of the jurisdiction of
the Circuit CourtCircuit Court of St Louis County or
subjected to any severity because of
her application for freedom and that the
the person hiring her shall pay the hire
at the time stipulated & return her
to the sheriff at the time of the
time of hiring or sooner of said sent
shall be soonerdetermined

Given under my hand at St LouisSt Louis the
30th day of May 1832

WillWill CCarrCarr

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No 55

Saint LouisSt Louis Circuit court
July Term 1832

MatildaMatilda a woman
of color
vs
HenryHenry G Mitchel GHenry G Mitchel MitchelHenry G Mitchel and
H.C.RusselRussel

This is an action of tress
pass of assault & battery
and false imprisonment
damages of & 500 the clerk
will issue summons

she the

Filed 28th may 1832

Archibald GambleArchibald Gamble Clerk

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Served this writ H.G.Rusellon in the
28th day of May of 1832 by offering to read
it & the declaration to him & also the why
of the order of the Judge permitting the plaintiff
to sue, which he refused to hear read
H G Mitchell not found

John KJohn K Walker WalkerJohn K Walker

Service $ 1 50 $ 1.50
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"By the HabeasCorpusAct"

The state of MissouriMissouri

To GeorgeGeorge Hammond HammondGeorge Hammond Esq - Greeting

You are hereby commanded, that the body of MatildaMatilda
a person of color who has been permitted to sue
for her freedom in your custody, as is said, detained,
under safe and secure conduct, together
the day and cause of her captor and detainer, by
whatsoever name she may be called you
have before the Circuit CourtCircuit Court for St Louis County
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 whatsover
shall be considered in that behalf

Witness WilliamWilliam CCarrCarr Judge
of the 3rd Judicial Circuit of the state
of MissouriMissouri this 26 may 1832.

WillWill CCarrCarr

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I have the body of the within named before said
Court as within commanded she was on the twenty
sixth instant taken out of the possession of HenryHenry C
RusselRussel & HenryHenry G Mitchel GHenry G Mitchel MitchelHenry G Mitchel against whom a warrant
had issued for kidnapping the said MitchelMitchell was
arrested by the name of MartinMartin Mitchel MitchelMartin Mitchel the said
MatildaMatilda was put in the gaol of JeffersonJefferson
county for safe keping & has been by me detained
for no other purpose than her personal safety
May 30th 1832.

G. Hammond

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MatildaMatilda

By the HabeasCorpusact

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Henry GHenry G Mitchell MitchellHenry G Mitchell & H C RussellRussell
ads
MatildaMatilda

And the said
defendants by their attorney comes and defends
the force and injury when &C and say
they are not guilty of the grievances above
in said declaration laid to their charge in man
ner and force as the said plaintiff hath above
alleged and of this they put themselves upon
the country &C

G W Foreman
atty

Filed 26th July 1832

Archibald GambleArchibald Gamble Clerk

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& judgefor $250 Book 6 page 492

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No 55

Saint Louis Circuit CourtCircuit Court

July Term 1832

MatildaMatilda
to
Henry G. Mitchell & HenryHenry C Rusell

Plea not guilty

Foreman
atty

filed 26th July 1832

Archibald GambleArchibald Gamble Clerk