Mahala, a free woman of colo v. Martin Mitchell
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To WilliamWilliam C CarrCarr Judge of the CircuitCircuit Court CourtCircuit Court
Third IndividualCircuit & state of MissouriMissouri

Your Petitioner MahalaMahala a free woman of color
represents that she was born free in the state of IllinoisIllinois
about the year AD 1812 that she was born of a
freemother named LydiaLydia whobefore her birth
recovered her freedom that both she & &
her mother
have/ her mother since 1809 & your petitioner since her birth
resides in the state of IllinoisIllinois & regarded by all who
know them as free persons Your Petitioner believes
from information that one ElishaElisha Mitchel MitchelElisha Mitchel ceceased
in 1809 or 1808 removed into the of IllinoisIllinoiswhere
he livedabout 3 months during which time he
hired said LydiaLydia to labor there & declared that
it that was intention that said LydiaLydia should be
free.. Your Petitioner says she has this day been
arrested as a runawayslave & confined in thejail
of St LouisSt Louiscounty by MartinMartin Micthelwho pretends
to have arrested your Petitioner as attorney In fact
for the Executor of ElijahElijah Mitchel MitchelElijah Mitchel deceased &
who pretends that your petitioner is a slave belonging
to the Estate of said ElijahElijah Mitchel MitchelElijah Mitchel
your Petitioner believes it is the intention of said
MartinMartin Mitchel MitchelMartin Mitchel to take your petitioner to KentuckyKentucky
unless he is presented & your Petitioner does not
believe that she can remain in safety in St LouisSt Louis
unless said MitchellMitchell shall be required to gain
security that she shall not be removed. Your
petitioner prays that she may be permitted to institute
suit for her freedom as a poor person that counsel may be assigned
to her for that purpose that a writ of HabeasCorpus
may be issued requiring said MartinMartin Mitchel MitchelMartin Mitchel

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to have the petitioners body before your honor that
such orders may be made in the premises as
unable her to communce & her same for freedom
& secure her safely & she will pray &c

MahalaMahala her mark

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MahalaMahala the named petitioner an her sath
says the in the above petition stated are true
,
she further says that she is informed & believes
that there is danger of her being removed
to KentuckyKentuckyunless she shall be brought before
your honor by HabeasCorpus & said MartinMartin Mitchel
MitchelMartin Mitchel shall be required to give sufficient security
that she shall not be so removed. She is informed
& believes that said MartinMartin Mitchel MitchelMartin Mitchel requested the
constable who arrested your petitioner as a runaway
slave to put your petitioner onboard the steam
boatUnion in the port of St LouisSt Louisbut
that said constable refused to do so & committed
your petitioners to jail as aforesaid

Sworn to and subscribedbefore
me this 20th day of July AD 1832

Patrick WalshPatrick Walsh
Justice of the peace
St Louis County

MahalaMahala her
mark

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.I.P.

Deposition
Justices fees (paid) $1.25

MahalaMahala and others colored persons
vs
MartinMartin Mitchell MitchellMartin Mitchell
In the CircuitCircuit Court
CourtCircuit Court for that
County of St LouisCounty of St Louis

To the Clerk of the Circuit CourtCircuit Court for the CountyCounty of St Louis
of St LouisCounty of St Louis- State ofMissouri -
MissouriMissouri

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MahalaMahala & others
vs
Martin MitchellMartin Mitchell

Deps for Jeffs
IchabodIchabod Badgley BadgleyIchabod Badgley


filed January 1st 1833

opened 18 February 1833

A GambleArchibald Gamble Clk

A GambleArchibald Gamble Clerk

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Deponent thinks that it is over twenty years since the said wench
returned from MissouriMissouri to IllinoisIllinois, and has resided there ever since
- The names of the Children said to be the children of said wench
are as follows, to wit. (as far as deponent knows or recollects)-
Sam, one called and girl called MahalaMahala - deponent understands that one of said children is called MatildaMatilda , and another called
Vina- Deponent believes that said wench has other children
but deponent does not know them- Deponent understands
that said Wench has had part of her children in IllinoisIllinois ever since
her return there and that several of them had been born there
Deponent knows that said Wench was married to a coloured man
in IllinoisIllinois ( far deponent belives) twenty years ago or upwards,
named Nase Titus, and that she had had several children by him.

Deponent further says that said MitchellMitchell . at the time he arrived
in IllinoisIllinois had a Negro man named and deponent knows
that said MitchellMitchell had hired out the said BobBob in the said territory
of IllinoisIllinois to a man named John Byron for some time and
deponent saw the said BobBob at work there for three days making
sugar troughs for said Byron

Ichabod Badgley

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I PatrickPatrick Walsh WalshPatrick Walsh a Justice of the Peace within & for the
County of St LouisCounty of St Louis ane State of MissouriMissouri do hereby certify that
the above named Deponent IchabodIchabod Badgley BadgleyIchabod Badgley was by me duly sworn
to testify the whole truth of his knowledge touching the matters in
controversy between each of the parties aforesaid that his
examination was reduced to writing & by him subscribed
in my presence on the day between the hours and at
the place in that behalf trial aforesaid given under my
hand at St LouisSt Louis in said County this 28th day of November in the year of our Lord eighteen hundred & thirty two

Patrick WalshPatrick Walsh , Justice
of the peace St Louis County

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MitchellMitchell had rented of said Valentine for the terms of two years
the said land was situate within about five and a half miles of HarrisonHarrison -
ville aforesaid in the aforesaid State of IllinoisIllinois - Deponent
then observed to said MitchellMitchell that perhaps he was ignorant
of our lives, meaning the laws of Ilinois, that he, MitchellMitchell
had some Negroes with him, and that if they stayed over sixty days
they would be free according to the laws of Ilinois - the said
MitchellMitchell then thanked deponent and observed that he had been
already over seventy days in IllinoisIllinois, and that it was not
his intention that they should be Slaves. that he knew they would
remain unith him during his natural life: that it was not his
intention they should be Slaves after his death: that the old
wench had been a mother to his children in raising them and
he knew she would not leave him - The said MitchellMitchell afterwards
in the same year (in what month of said year deponent does not now-
recollect moved with his family and Negroes to the Territory of MissouriMissouri.
Deponent understood that said MitchellMitchell , after his removal to MissouriMissouri, had died in the said territorry of MissouriMissouri- how long after, deponent
does not recollect - The or said our of said MitchellMitchell had
returned to the Territorry of IllinoisIllinois with the said family
of negroes - when MitchellMitchell had first arrived in IllinoisIllinois deponent
understand that Lyd. the old wench above referred to. had children, howmany
this deponent does not know - Deponent recollects that there was a
suit and as deponent understood. was a suit brought by said
wench for her freedom - he does not recollect the parties, but suposes
the suit was brought by said wench against the said wife or
widow of said MitchellMitchell and against the heirs of said MitchellMitchell

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The deposition of IchabodIchabod Badgley BadgleyIchabod Badgley taken before Mr PatrickPatrick Walsh
WalshPatrick Walsh a Justice of the Peace within& for the county of StSt Louis
LouisSt Louis at my office in the city of St LouisSt Louis & and state of aforesaid on the twenty eighth day of November in the year of our Lord eighteen hundred & thirty two between the hours of eight o'clock in the
forenoon & five Oclock in the after noon of that day
pursuant to the enclosed to be read in
in the following causes pending in the circuit of
St Louis County & State of MissouriMissouri namely MahalaMahala
a woman of colour againstMartin MitchelMartin Mitchel also
in the cause of a woman an of colour against
Martin MitchelMartin Mitchel also Sam an infant of colour by his
guardianadlitum against Alexander P Lucida & ElijahElijah Mitchell
MitchellElijah Mitchell also MarianneMarianne a woman of colour against
Alexander P. Fields & Elijah MitchellElijah Mitchell also AnsonAnson an
infant of color against HenryHenry C RusselRussel impleaded with Henry
G. Mitchel also MichaelMichael an infant of
against HenryHenry C. RusselRussel impleaded withHenry G MitchellHenry G Mitchell also Mitchal an infant against HenryHenry
C. RusselRussel impleaded with Henry G MitchelHenry G Mitchel on
the part of the planitiffs.

IchabodIchabod Badgley BadgleyIchabod Badgley of lawful age being produced
sworn & examined on the part of the planitiff deponent
& saith, that somewhereupwards of twenty years ago. and as
deponent believes about the year Eighteen hundred and eight, in the
month of February. deponentbecame acquainted with a certain
man named Elisha Mitchell- said MitchellMitchell as deponent understood
had then recently arrived in the Then territorry of IllinoisIllinois said
MitchellMitchell then stopped at a placed within about five miles of what
is now called Harrisonville in the State of IllinoisIllinois: In the month
of May next following, the said MitchellMitchell called upon deponent to
get him to witness an agreement, which said MitchellMitchell had made
with one George Valentine for the rent of some land. which said

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Free negros
notice

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MahalaMahala a woman of Color
vs
MartinMitchel
Vina a woman of color
vs
MartinMartin Mitchel MitchelMartin Mitchel
Sam an infant of color
by his guardian
vs
AlexanderAlexander P Fields PAlexander P Fields FieldsAlexander P Fields & ElijahElijah Mitchel MitchelElijah Mitchel
NathanNathan by his next friend
vs
AlexanderAlexander P Fields PAlexander P Fields FieldsAlexander P Fields vs ElijahElijah Mitchel MitchelElijah Mitchel
MarianneMarianne a woman of color
vs
AlexanderAlexander P Fields PAlexander P Fields FieldsAlexander P Fields &
ElijahElijah Mitchel MitchelElijah Mitchel
AnsonAnson an infant of color
vs
HenryHenry GRusselimpleadedwith
HenryHenry G Mitchel GHenry G Mitchel MitchelHenry G Mitchel
MatildaMatilda
vs
HenryHenry CRusselRussel impleaded
withHenryHenry G Mitchel GHenry G Mitchel MitchelHenry G Mitchel
MichaelMichael an infant
vs
HenryHenry CRusselRussel mispleads
withHenryHenry G Mitchel GHenry G Mitchel MitchelHenry G Mitchel

All the above are actions for freedom in the St LouisSt Louis
Circuit. The above named Defendants &
StephenStephen W WStephen W Foreman their attorney of Record
will please to take notice that on the 25th day of November instant at the office of PatrickPatrick Walsh
WalshPatrick Walsh Esquire in the City & County of St LouisCounty of St Louis
& state of MissouriMissouri between the hours of eight
Cclock in the fornoon & five o clock in the
afternoon of that day I shall take the
Depositions of the trespass to be read in evidence
on the trial of each of said causes

A BirdA Bird atty for cash
of said plaintiff

Served this notice onStephenStephen W WStephen W
Foreman on the 24th November 1832
by reading it to him. the plaintiff
not forced in my county Service 50 cents

JohnJohn K Walker KJohn K Walker WalkerJohn K Walker plff

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"By the HabeasCorpus acts"

Serve this writ on M.Mitchell on the
21st July 1832 by reading it to him

Jno K. WalkerJohn K Walker
shff

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"By the HabeasCorpus act"

The State of MissouriMissouri

To Martin MitchelMartin Mitchel & the
Sheriff of St LouisSt Louis Greeting

You are hereby commanded that the body of
MahalaMahala a woman of color in your custody
detained (as is said) under safe & secure conduct
together with the day & the cause of her being
taken & detained you have on Monday the 23
instant between the hours of 10- & 12 O'clock A.M. before me at the Courthouse
to do submit & receive whatsoever shall hereby
in that behalf considered
witness WilliamWilliam C CarrCarr Judge of the CircuitCircuit Court
CourtCircuit Court third Judicial Circuit & State ofMissouri
MissouriMissouri at ChambersChambers July 21st 1832

WillWill : C. CarrCarr

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Death of plaintiff suggested & suitabatesNo 7 page 89

A GambleArchibald Gamble Clerk

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No. 6

Saint Louis Circuit CourtCircuit Court
November Term 1832

MahalaMahala
vs
Martin MitchelMartin Mitchel

suit for freedom

Filed 21st July 1832

ArchibaldArchibald Gamble GambleArchibald Gamble Clerk

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I WilliamWilliam C CarrCarr the Judge of the Circuit CourtCircuit Court third Judicial Circuit & State of MissouriMissouri
do hereby order that the above named petitioner MahalaMahala be permitted to sue as a poor person
to establish her freedom I do assignGustavusGustavus A Bird A BirdGustavus A Bird as her counsel to commence & prosecute
her said suit for freedom, and I do moreover order that said MahalaMahala shall have reasonable
liberty of attending the Court & her counsel when occasion may require & that the said
MahalaMahala shall not be taken out of the Jurisdiction of the Circuit CourtCircuit Court for Saint LouisSt Louis County
& State of MissouriMissouri nor he subject to any severity because of her application for freedom

St. LouisSt LouisJuly 21st 1832

WillWill C CarrCarr .

theabove is a truecopy of the order of the Judge in this behalf A GambleArchibald Gamble Clerk
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County of Saint LouisCounty of Saint Louis
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 he be and
appear before the Judge of our Circuit CourtCircuit Court at the next November Term
thereof to be held at the City of St LouisCity of St Louis within and for the County ofCounty of Saint Louis
Saint LouisCounty of Saint Louis on the fourth Monday of November next then and there
to answer unto MahalaMahala a free person of color by G. A. Bird her next
friend of a plea of trespass, assault and Battery and false imprisonment
by means of which premises said plaintiff says the is greatly injured
and hath sustained damages to five hundred dollars and have you
then there this writ

Witness Archibald GambleArchibald Gamble Clerk of our said
Circuit CourtCircuit Court at office this Twenty first day of July one thousand Eight hundred and thirty two

Archibald GambleArchibald Gamble Clerk

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Served this writ on Martin Mitchelle on
21st July 1832 by reading to him the writ &
declaration to him & also the copy of the order of the
Judge of the CircuitCircuit Court CourtCircuit Court permitting her to
sue &c. on the same day in the city of
of St LouisSt Louis

John K. WalkerJohn K Walker plff

Term $1.00
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No

Saint Louis Circuit CourtCircuit Court
November Term 1832

MahalaMahala a woman of colour
by her nextfriendAA Bird BirdA Bird
vs
MartinMartin Mitchel MitchelMartin Mitchel

This is an action of
trespassassault & Battery $
false Imprisonment &
suit for freedom under
the statute Sum $ 500
The clerk of St LouisSt Louis
circuitcourtwill
please issueasummons
for

GAGA Bird BirdGA Bird plff
atty

Filed 21th July 1832

Archibald GambleArchibald Gamble clerk

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State of MissouriMissouri
Saint LouisSt Louis County Ss
November Term AD 1832
Circuit CourtCircuit Court Third Judical Circuit.

Mahala a free person of color by GG A Bird AG A Bird BirdG A Bird her next
friend complains of MartinMartin Mitchel MitchelMartin Mitchel of a plea of
trespassassault & Battery & false imprisonment for
that heretofor towiton the Twentieth day of July in the year of eighteen hundred & thirty two
at St LouisSt Louis in said county the said Defendant
did the form & arms make are upon the
the said plaintiff & did then & there great
form & beat & her & did then
& there unlawfully improson her any
reasonable or probable cause whatsoever & kept
& detained her in prison there without any lawful
cause for a long space of time to wit for the
space of twenty four hours from the time last
aforesaid & other wrongs to the said MahalaMahala
then & there did against the & the law
of the state and said MahalaMahala says that before
& at the time of the committing said grievances
she was & still is a free person & that the defendant
held & detained & still helds & detains her in slavery
to wit at the plan aforesaid By means of which
promises said plaintiff says she is & hath
sustained Damages to five hundred Dollars therefore
she suesto:

GAGA Bird BirdGA Bird atty for plff

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6 Nov 1832
MahalaMahala
vs
MartinMartin Mitchel MitchelMartin Mitchel

Petitioner for freedom
&
forHabeasCorpus

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I WilliamWilliam C CarrCarr the Judge of the Circuit CourtCircuit Court third
JudicialCircuit & State of MissouriMissouri do hereby
order that the above named petitioner MahalaMahala be
permitted to sue as as a poor person to establish her
freedom I do assign GustavusGustavus A Bird A BirdGustavus A Bird as her
counsel to commence & prosecute her said suit
for freedom and do moreover order that said
MahalaMahala shall have reasonable liberty of attending
the Court & her counselwhen occasion may require
& that the said MahalaMahala shall not be taken out
of the jurisdiction of the Circuit CourtCircuit Court for SaintSt Louis
LouisSt Louis County & state of MissouriMissouri nor be subject to
any severity because of her application for
Freedom St LouisSt LouisJuly 21st 1832

WillWill : C. CarrCarr