Michael, a boy of color v. Henry G. Mitchel and Henry C. Russel
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July Term 1832

St. Louis County to wit MichaelMichael a boy of
color an infant who sues by permission of the
court by his next friendWilliam ClarkWilliam Clark
complains of HenryHenry G Mitchel . GHenry G Mitchel MitchelHenry G Mitchel and HenryHenry
C. RusselRussel of a plea of trespass for that there
said Henry GHenry G Mitchel . MitchelHenry G Mitchel and HenryHenry C. RusselRussel on the 22 day of May in the year 1832 with force and arms
made an assault upon the said MichaelMichael
to wit at the county of St. LouisSt Louis aforesaid and
then and there bruised beat and ill treated
the said MichaelMichael and then and there im
prisoned the said MichaelMichael and left and de
tained him in prison there without any
probable or honorable cause whatsoever for a long space of time to wit
for the space of twenty four hours then next
following contrary to law and against the will
of the said MichaelMichael and the said MichaelMichael avers
that before and at the time of the committing
of the said grievances he was and still is a
free person and that the defendants then held and detainedhim
and still hold him and detain him in slavery and other wrongs
to him the said MichaelMichael then and there did
against the law of the state and to him

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damage of the plaintiff $500 and therefore he
brings his suit

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County of Saint LouisCounty of Saint LouisSs
The State of MissouriMissouri

To the Sheriff of the County of Saint LouisCounty of Saint Louis Greeting

We command you to summon Henry G MitchellHenry G Mitchell and HenryHenry C
RussellRussell 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 LouisCounty of Saint Louis on the fourth Monday of July next
then and there to answer unto MichaelMichael a boy of color an infant who
sues by permission of the Court by his next friend William ClarkWilliam Clark of a
plea of trespass to the damage of the sued plaintiff 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 the order of the Judge permitting plaintiff to institute suit

The above Petitioners are allowed to institute a suit on the foregoing petition
to establish their right to freedom & the Clerk of the Circuit CourtCircuit Court for St.
Louis County is hereby directed to issue a writ according to the Statute in
such case made & provided - it is also ordered that the said petitioners be not
subject to any severity on account of their application for freedom that
they have reasonable liberty of attending their counsel & the Court whenever
occasion may require and that they be not removed out of the Jurisdiction
of the Court

Given under my hand as Judge of the third Judicial Circuit
State of MissouriMissouri at ChambersChambers their 23. May 1832

WillWill C. CarrCarr

A True Copy of the Order

A GambleArchibald Gamble Clerk

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Served this writ on HenryHenry CRussellRussell
on the 28 May 1832 in the city of St LouisSt Louis
by reading the writ & offering to Read the
declaration to him which he refused
to hear read. I also at the offered
to read to him the copy of the order of the
Judge permitting the plaintiff to institute
suit - & ordering that he shall not be removed
out of the jurisdiction of the
said court & c.

JohnJohn K Walker KJohn K Walker WalkerJohn K Walker

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HenryHenry G Mitchell GHenry G Mitchell MitchellHenry G Mitchell not formed
in my County

JnoJohn K Walker KJohn K Walker WalkerJohn K Walker sheriff

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No 56

Saint Louis Circuit CourtCircuit Court
July Term 1832

MichaelMichael aboyof
color
vs
HenryHenry G Mitchel GHenry G Mitchel MitchelHenry G Mitchel &
HenryHenry G.Russel

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

pq

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No 56

St Louis Circuit CourtCircuit Court
July Term 1832

MichaelMichael
vs
HenryHenry G Mitchell GHenry G Mitchell MitchellHenry G Mitchell
HenryHenry CRusselRussel
order for
servingsuit

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State of MissouriMissouri
St LouisSt Louisss

The petitioner MichaelMichael a
boy of color havingbeen this day
brought before me the judge of the circuit
court of St LouisSt Louis county by writ of habeas
corpus and the persons inwhosepossession
the said MichaelMichael was found having
refused to enterintorecognizance as required
by law in that behalf. I do therefore order
and direct the sheriff of St LouisSt Louis
county to take possession of the said
MichaelMichael and hirehim out from time
to time during the pending of the
petitioners suit for freedom and that the
sheriff take for the person or per
sons who shall hire the said petitioner
in the sum of six hundred dollars
withsuch security as the sheriff shall that the said
shall at all times during the pending
of said suit havereasonable liberty of attending

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his counsel and the court and that
the said MichaelMichael shall not be removed
out of the jurisdiction of the circuit
court of St LouisSt Louis county or subjected to
any severity because of his application
for freedom and that the personorpersons
forcing said MichaelMichael shall pay the hire
at the time stipulated and return the
said MichaelMichael to said sheriff at
the expiration 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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HenryHenry G Mitchell GHenry G Mitchell MitchellHenry G Mitchell & HCRusselRussel
ads
MichaelMichael

And the said defendants
by their attorney come and defend the force
and injury when & and say they are not
Guilty of the grievances above in said declaration
laid to their charge in manner and
form as the said plaintiff hath above alledged
and of this they put themselves upon the
country & c.

Foremanatty

Filed 26th July 1832

ArchibaldArchibald gamble clerk

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sub & Judge Book - 6 - page 492

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No 56

Saint Louis Circuit CourtCircuit Court
July Term 1832

MichaelMichael
vs
Henry G MitchellHenry G Mitchell &
HenryHenry C RussellRussell

Plea not guilty
Foreman

Filed 26th July 1832

Archibald GambleArchibald Gamble Clerk