Marcelline Vincent, an infant, by and through his next friend, Charles D. St. Vrain v. Marie P. Leduc
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No 50

Saint Louis Circuit Court Court
November Term 1833

MarcellineMarcelline Vincent VincentMarcelline Vincent
by Chas D St VrainSt Vrain her next friend
vs
M. PP Leduc . LeducP Leduc

This is an action of
Trespass Damages $100 Let a summons issue

MagenisMagenis
Atty for Pltff

Filed4 October 1833

ArchibaldArchibald Gamble GambleArchibald Gamble

Clerk
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Executed this writ on MaryMary P LeducP Leduc by offering
to read to him it and the declaration together
with the order of the Judge of the Court
which he refused to hear saying he
perfectly understood their Contents and
acknowledged the service of the same in the city of St LouisSt Louis on the fourth day of October 1833

John K WalkerJohn K Walker Shff


Js BrothertonBrotherton Dp Shff


Service $1.00
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State of MissouriMissouri
County of St LouisCounty of St Louis

In the Circuit CourtCircuit Court
November Term 1833

Marcelline VincentMarcelline Vincent an infant
under the age of 2 years Charles D St VrainCharles D St Vrain his next
friend complains of MarieMarie PP Leduc . LeducP Leduc of a plea of trespass for that whereas the said MarcellineMarcelline before
and since the commission of the trespasses hereinafter mentioned, by the said Leduc to wit on the first day of June in the year 1833 at St. LouisSt Louis to wit
at the County aforesaid was and ever since birth
been a free person, and for that the said Leduc
she being a free person as aforesaid on on the day and
year last aforesaid, with force and arms at the County aforesaid did then and there hold and still does hold as a slave an assault upon her the said MarcellineMarcelline then and there did make and then and there beat, bruised
and illtreated her the said MarcellineMarcelline and then and
there imprisoned her the said MarcellineMarcelline and kept
and detained her in prison there, without any reasonable
or probable cause whatsoever, for a long space of
time, to wit from the day and year last aforesaid until
the commencement of this suit contrary to the laws
of this land and against the will of her the
said MarcellineMarcelline and other wrongs to the said MarcellineMarcelline
then and there did to the damage of the said MarcellineMarcelline
of one hundred dollars and therefore she brings her suit

by Charles D St VrainCharles D St Vrain next friend
MagenisMagenis
Attorney

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County ofCounty of Saint Louis Saint LouisCounty of Saint Louis

Ss.

The State ofMissouri MissouriMissouri

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

We command you to Summon MarieMarie P LeducP Leduc that he be and appear before the Judge of our Circuit CourtCircuit Court
at the next term thereof to be held at the city of St LouisSt Louis within and for the county of Saint LouisSt Louis on the
fourth monday of November next then and there to answer unto Marcelline VincentMarcelline Vincent an infant under
the age of twenty one years who by Charles DCharles D St Vrain St VrainCharles D St Vrain her next friend of a plea of trespass to the dam
-age of the said MarcellineMarcelline of one 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 fourth day of October in the Year of Our Lord one thousandEight Hundred and thirty three.

Archibald GambleArchibald Gamble Clerk

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Copy of the order of the Judge of the 3d Judicial Circuit of the State of MissouriMissouri on the on , petition of plaintiffs
The within named minors Adolphe, Marcelline and MariaMaria on the within petition are
hereby permitted to sue, by their next friend Charles D St VrainCharles D St Vrain as poor persons to establish their right to freedom agreeably to the provisions of the Statute in such case made and
provided, and Arthur L MagenisArthur L Magenis is hereby assigned as their counsel and it is ordered that
the said Adolphe, Marcelline and MariaMaria have reasonable liberty of attending the Court and their
Counsel when occasion may require, and that they be not removed out of the Jurisdiction of this Court during the pendency of this suit, or be subjected by reason thereof to any
severity.. Given under my hand this 3d day of October 1833

WillWill C CarrCarr

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The above is a true copy of the order of the Judge in that behalf

Archibald GambleArchibald Gamble

Clerk
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Marcelline VincentMarcelline Vincent
vs
M. P. LeducP Leduc

Plea

And the said M. P. LeducP Leduc comes &
defends the wrong & injury when &c and
says that he is not guilty of the trespass
above laid to his change in manner &
form as the said plantiff has above in
alleged against him, and of
this he puts himself upon the County &c

E. BatesEdward Bates

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And for a further plea in this
behalf the said defendant was that the
said plaintiff is a Slave, without this that
the said plaintiff is a free person in
in manner and form as in the declaration is above
supposed, and of this he puts himself
upon the county

E. BatesEdward Bates

filed Nov 26 1833

A GambleArchibald Gamble

Clk
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Non Suit Book 7 page 202218
Verdic & Judgtfor 1 cent" 326
fee bill 140

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No 50

November Term 1833

Marcelline VincentMarcelline Vincent
vs
M. P. LeducP Leduc

2 pleas

1. not guilty

2. pltff: not free

filedNov 26 1833

A GambleArchibald Gamble Clerk

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County of St. LouisCounty of St Louis,

sct.

State of MissouriMissouri,

To any Judge or Justice of the Peace of Greeting.

We, reposing special trust and confidence in your integrity and circumspection, do require and command you that you cause
to come before you such person or persons as shall be named to you by Marcelline VincentMarcelline Vincent an infant of color by CharlesCharles D St Vrain
D St VrainCharles D St Vrain her next friend or MarieMarie P. LeducP Leduc their attorney or agent, and him or them examine upon
his, her or their corporal oath ( to be by you administered) touching their knowledge of any thing that may relate to a certain matter
of controversy, now pending in our Circuit CourtCircuit Court , for the county of St. LouisSt Louis, wherein said MarcellineMarcelline by her next
friend Charles D St. Vrain is plaintiff and MarieMarie P. LeducP Leduc is defendant on the part of theplaintiffand having so reduced the said depositions so taken by
you as aforesaid into writing, you are required to send the same, together with this commission, enclosed under your seal, to our
said Circuit CourtCircuit Court , with all convenient speed.

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Witness, Archibald GambleArchibald Gamble , Clerk of our said Circuit CourtCircuit Court , at the City of StCity of St Louis.
LouisCity of St Louis, this sixteenth day of October in the year of our Lord, one thousand eight hundred and thirty- four.

Clerk, C. C.
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State ofIllinois IllinoisIllinois
Hancock County.

To Isaac Garland & James White
You are hereby commanded to appear before me
at the office of Wesley WilliamsWesley Williams in CarthageCarthage on
the 29th day of October 1834 at 10 Oclock A.M. then & there to testify the truth, in a
matter in suit. Wherein LouisaLouisa VincentVincent awoman
of color is Plaintiff & MarieMarie PP Leduc LeducP Leduc is defendant she
VincentVincent an infant of color against same and
Marcelline VincentMarcelline Vincent an infant of color vs same
and this you are not to omit under the penal-
-ty of the Law Givenunder my hand & seal
this 28the day of Oct 1834.

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I I acknowledge services of the within this 28th day of Oct. 1834

I. GarlandGarland

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I acknowledge services of the within this 28th day of October 1834

James White

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I Elam S. Freeman do certify that James White the wit-
-ness above mentioned who has acknowleged services of
the within space lives without the Jurisdiction of the
state so that process of attachment could not
reach him. Given under my hand and seal this 29th day of October 1834

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Ss Depositions of witnesses produced, sworn
in the County ofCounty of Hancock HancockCounty of Hancock & StateElam S Freeman an acting Justice of
County & State aforesaid in a certain cause now. depending in the St LouisCircuit Court Circuit CourtCircuit Court for
the CountyCounty of St Louis of St LouisCounty of St Louis & StateMissouri. ofMissouri MissouriMissouri between MarcellineMarcelline Vincent
VincentMarcelline Vincent an infant of color, by her next friend Plantiff vs..
MarieMarie PP Leduc LeducP Leduc Defendant On the part of the said Marcelline VincentMarcelline Vincent who is is plaintiff as aforesaid

Isaac Garland of lawful
age being produced sworn & examined On the part of
this plaintiff in the above case Deposeth & says that the
above named Marcelline VincentMarcelline Vincent infant of color was
uniformly or generally with her mother LouiseLouise Vincent VincentLouise Vincent
during her said Mother's residence at Fort Edwards
in HancockHancock co Ills, and that he the said Deponent saw her together with her Mother, and infant brother at
the place aforesaid at intervals of several months
and has no knowledge of their having been removed
out of the state of IllinoisIllinois during the time, and
further this deponent saith not -

I GarlandGarland
I Elam S Freeman an acting Justice of the peace in and
for the CountyCounty Hancock of HancockCounty Hancock & StateIllinois of IllinoisIllinois do hereby certify that
Isaac Garland, the Deponent, was by me sworn to testify the whole
truth of his Knowledge touching the matter in controversy in
the cause aforesaid; that deponent was Examined, and his
Examination reduced to writing and subscribed by said
Deponent, in my presence On theTwenty Eight day of October in the year Eighteen hundred and thirty four
between the Hours of 12 Oclock noon and 5 Oclock after-
noon, same day at the office of Wesley WilliamsWesley Williams in CarthageCarthage
in the CountyCounty Hancock of HancockCounty Hancock & StateIllinois of IllinoisIllinois Given
and certified the 28th day of October 1834.

. P.

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,an acting Justice of the peace.
County of HancockCounty of Hancock in the State of IllinoisIllinois
of the within commission and
before me at the office of WesleyWesley Williams
WilliamsWesley Williams in the County of HancockCounty of Hancock in the
State of IllinoisIllinoisGarlandGarland , who was thereby
sworn and examined and examination reduced to writing and subscribed by him in my presence and
his said Deposition is now herewith remited Given at
the office of Wesley WilliamsWesley Williams in CarthageCarthage in the County and State last aforesaid this 28th day of October in
the year Eighteen hundred and thirty four.

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Filed and opened 6th November
1834

Archibald GambleArchibald Gamble Clerk
for Plff

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Marcelline VincentMarcelline Vincent
v
MarieMarie P LeducP Leduc

Depositions
for the court

To the Clerk Circuit CourtCircuit Court St. Louis County

St LouisSt Louis MissouriMissouri

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State Of IllinoisIllinois,

Hancock County.

Ss.

I, Wesley WilliamsWesley Williams , Clerk of the County Commissioner's Court of said County, do
hereby certify, That Elam L. Freeman whose name ap
-pears to the foregoing certificate, was, on the day of the date thereof, an acting Justice of the
Peace, in and for said County, regularly commissioned, and qualified, as appears of record,
and that as such, full faith and credit are, and of right ought to be given to all his official acts.

In Testimony Whereof, I have hereunto affixed the seal of
said Court, at CarthageCarthage, in the County aforesaid, the
Twenty Eighth day ofOctoberA. D. 1834

Wesley WilliamsWesley Williams

Clerk.
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