St Louis Circuit CourtCircuit Court
July Term 1839.
County of St. LouisCounty of St Louis to Wit:
CelesteCeleste a free woman of color complains
of Alexander PapinAlexander Papin of a plea of Trespass: For that the
said defendant heretofore to wit on the tenth day of May in the year of our Lord one thousand eight hundred and thirty nine in the city of St. LouisSt Louis and county aforesaid
with force and arms made an assault on the said Plaintiff
to wit: at the county aforesaid and then and there
beat, bruised, woundad and ill- treated her and then
and there imprisoned her and kept her 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 four years and seven months next
before the said tenth day of May eighteen hundred and thirty nine, contrary to the laws of the State ofMissouri
MissouriMissouri and against the will of the said plaintiff
then and other wrongs to the said Plaintiff then and there
did against the peace of the State of MissouriMissouri and to
the damage of the said Plaintiff one thousand dollars
and therefore she brings her suit &c.
F. W. Risque
Attys for Pltf
Circuit CourtCircuit Court .
July Term 1839.
CelesteCeleste a woman of color.
vs
Alexander PapinAlexander Papin .
Declaration
This is an action of Trespass for false imprisonment.
Damage
$1000. Clerk will
issue summoms.
Risque Att.:
Pltf:
County of St. LouisCounty of St Louis, ss.
The State Of MissouriMissouri,
To the Sheriff of St. Louis CountyâGreeting:
We command you to Summon Alexander PapinAlexander Papin if
he be found in your county that he be and
appear
before the judge of our Circuit CourtCircuit Court , on the first day of the next term thereof, to be held
at the City of St. LouisCity of St Louis, within and for the County of St. LouisCounty of St Louis, on the third Monday
of July next, then and there to answer unto CelesteCeleste a woman
of color of a plea of trespass
to the damage of said plaintiff one thousand
dollars: And have you then there this writ.
with the seal thereof hereto affixed, at office, in the
City of St. LouisCity of St Louis, this twenty fifth day ofJune in the year of our Lord eighteen hundred and thirty nine.
Jn. RulandJohn Ruland Clerk.
I acknowledge myself bound for all costs that may accrue in the above cause.
Witness my hand and seal, at St. LouisSt Louis, this day of 18
plea & suit
Bk12 p78 - verdict for deft BK 13 p 85
mo for new trialsustd BK 13 p 122 and 14 p 50 Jury & verdict for
Defendant Feby 29th 1844 BK 14 p 406.
335
St Louis Circuit CourtCircuit Court
July Term 1839
CelesteCeleste a woman of color
vs
Alexander PapinAlexander Papin
Summons
Plea of Trespass
Damages - $1000.
Risque atty
Filed June 25th. 1839
Jn RulandJohn Ruland Clerk
p of attyExecuted this writ in the county of SaintSt Louis
LouisSt Louis by reading it and the declaration to
Alexander PapinAlexander Papin on the 26th June 1839
Marshall BrothertonMarshall Brotherton Sheriff
By Wm S McKnight Depty
ads
And the said defendant
by HudsonHudson his attorney
comes and defends the force and
injury when&c and says that
he is not guilty of the said
supposed grievances above laid
to his charge in manner and
form as the said plaintiff hath
above thereof complained
against him and of this he
the said defendant puts himself
upon the County &c
HudsonHudson PD
St Louis Circuit CourtCircuit Court
July Term 1839
Alexr Papin
ads
CelesteCeleste
Plea
Plea not guilty
HudsonHudson
Atty for Deft
Filed Nov 19th 1839
JnJohn Ruland RulandJohn Ruland
ClerkCelesteCeleste
vs
Passin
St Louis Circuit CourtCircuit Court Nov Term 1840
And for further plea in this behalf by leave of the court
for that purpose first obtained the defendant counsel
and defends the force and injury when & says that the said
plaintiff here aforsaid action thereof against him the said defendant
ought not to have or maintain because he says that the said plaintiff
heretofore to wit at the July Term of the Saint Louis Circuit CourtCircuit Court
A D 1837 held at the City and county of St LouisSt Louis[ aforsaid ] before
the Hon Luke Edward LawlessLuke E Lawless then Judge of the said Circuit CourtCircuit Court
duly commissioned &c to hold the same by a certain writ of
summons impleded the said defendant in a certain plea of
trespass with force and arms and false imprisonment
for committing the very same supposed trespasses and greivances
in the said declaration above mentioned wherefore the said
defendant afterwards to wit at the same July Term of the said
Court pleaded that he the said defendant was not guilty of the said supposed trespass or any part thereof and issue was
thereupon joined upon the plea [ aforsaid ] between the said plaintiff
and the said defendant and thereupon afterwards to wit
at the July Term of the said Court 1838 a change of venue was
granted in the said cause and the same suit to the county of
St CharlesSt Charles and afterwards to wit at the May Term of the CircuitCircuit Court
CourtCircuit Court for the County of St CharlesCounty of St Charles[ aforsaid ] the said issue came
on to be heard and was then and there tried by the Judge
of the Circuit Court of the County of St CharlesCounty of St Charles the said last
mentioned named Judge being commissioned and [ duely ][ authorised ]
to try said cause between the said plaintiff and the said
defendant which last named [ Juge ] upon the said trial
then and there found the said defendant guilty of the said
supposed trespasses &c in the said declaration mentioned
and by the judgement and condemnation of the said court
upon the finding aforsaid it was then and there ordered and
ajudged by the said court that the said plaintiff recover
of the said defendant one cent damages and also the
costs in that behalf expended by reason of the trespasses &c in
have thereof [ esicution ] &c as by the record & proceedings thereof
Still remaining in the Circuit CourtCircuit Court of St Charles Courty [ aforsaid ]
before the judge thereof at the County of St CharlesCounty of St Charles more fully
and at large appears which said [ judgement ] still remains
in full force and effect not in the least reversed or
made void and this he the said defendant is [ redy ] to verify
by the said record. & therefore he prays [ judgement ] if
the said plaintiff ought to have or maintain this[ aforsaid ]
action thereof against him &c.
HudsonHudson Atty for the
Deft
vs
PapinPapin
Plea
Plea former recovery
HudsonHudson Atty for the
Deft
Filed March 30 1841
Jn RulandJohn Ruland Clk
CelesteCeleste (of Color)
vs
AlexAlex Papin . PapinAlex Papin
In CirCircut Court .CourtCircut Court
St Louis County
And the said plaintiff as to the
first plea of the said deft, and whereof he puts
himself upon the Country, doth the like
And as to the secondplea of the said
defendant, the said plaintiff says, that by
of any matter or thing therein contained,
she ought not to be precluded or barred from
having or maintaining her aforesaid action
against the said defendant because she says
that the said wrongs and grievances in the said
declaration mentioned, were not, nor was any
or either of them, any of, or any one of the same
identical wrongs and grievances as those or
any of them in said plea mentioned, and for and
in respect whereof the said supposed judgement
in the said plea mentioned was , in
manner and form as the said defendant hath
above in his plea aforesaid alleged. And this
the said plaintiff prays may be wnquired of by
the County &c.
RisqueMurdoch& King
Attys for Plff
Before Charles, D
Celeste (of Color)
vs
Alex PapinAlex Papin
Rep.
Filed April 6th 1841
Jn RulandJohn Ruland Clerk
County of St. LouisCounty of St Louis, ss.
The State Of MissouriMissouri,
To
Larkin L. Deaver
Greeting:â
You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our Circuit CourtCircuit Court , on the 7th. Instant.
at the City of St. LouisCity of St Louis, then and there to
testify, and the truth to say in a certain matter of controversy now pending in our said Court,
wherein CelesteCeleste (a woman of color is
plaintiff and Alexander PapinAlexander Papin is
defendant on the part of the Plaintiff.
and herein you are in no wise to fail.
John RulandJohn Ruland , Clerk of our said Court, with the
seal thereof hereto affixed, at office, in the City of St. LouisCity of St Louis,
this 6th day of April - in the year of our Lord one thousand eight hundred and forty- One
Jn RulandJohn Ruland
Clerk, C.C.Served this writ on Larkin DeaverLarkin Deaver on the
10th of April 1841
M BrothertonM Brotherton
Shff
By JosephJoseph C BrownBrown
Deputy
CelesteCeleste (a woman of color)
vs
Alex: Papin
Spac
For Plff: 7th April
Witnesses
Larkin DeaverLarkin Deaver
County of St. LouisCounty of St Louis, ss.
The State of MissouriMissouri,
To Lankin Deaver, Francis CreelyFrancis Creely
Greeting:â
You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our Circuit CourtCircuit Court , on the 7th day of April 1841
at the city of St. LouisSt Louis, then and there to
testify and the truth to say in a certain matter of controversy now pending in our said Court,
wherein CelesteCeleste (a woman of Color) is
plaintiff and Alexander PapinAlexander Papin is
defendant on the part of
and herein you are in no wise to fail.
seal thereof hereto affixed, at office, in the city of St. LouisSt Louis,
this 6 day of Apl in the year of our Lord one thousand eight hundred and forty-one
M. Ruland
Clerk, C.C.CelesteCeleste , a woman of Color
vs
Alex. Papin
Wit,
Larkin DeaverLarkin Deaver
Francis CreelyFrancis Creelyto appear AD 1841
Excuted
M BrothertonM Brotherton
Shff
County of St. LouisCounty of St Louis, ss.
The State of MissouriMissouri,
To Mr. Larkin DeaverLarkin Deaver
Greeting:â
You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our Circuit CourtCircuit Court , on the Sixtenth day of November1841
at the city of St. LouisSt Louis, then and there to
testify and the truth to say in a certain matter of controversy now pending in our said Court,
wherein CelesteCeleste (of Color) is
plaintiff and Alexander PapinAlexander Papin is
defendant on the part of the plaintiff.
and herein you are in no wise to fail.
John RulandJohn Ruland , Clerk of our said Court, with the
seal thereof hereto affixed, at office, in the city of St. LouisSt Louis,
this 15th day of November in the year of our Lord one thousand eight hundred and forty one
Jn RulandJohn Ruland
Clerk, C.C.CelesteCeleste (of Color)
vs
Alexander PapinAlexander Papin
Plffs Subp
Larkin DeaverLarkin Deaver
16th NovExecuted
M. BrothertonM Brotherton
Shff
County of St. LouisCounty of St Louis, sct.
State of MissouriMissouri,
To the Sheriff of St. Louis CountyâGreeting:
We command you to attach Larkin L. Deaver
by his body and him safely keep, so that you have his body
before the Judge of our Circuit CourtCircuit Court , now in session at the City of St. LouisCity of St Louis, within and for
the County of St. LouisCounty of St Louis, on the 17th Inst 1841 then
and there to testify, and the truth to say in a certain matter of controversy, now pending in
our said Circuit CourtCircuit Court , between CelesteCeleste a woman of color
plaintiff, and Alexander PapinAlexander Papin is defendant wherein
the said Larkin DeaverLarkin Deaver has heretofore been summoned
on the parts of the said Plaintiffs.
CourtCircuit Court , at the City of St. LouisCity of St Louis, this 16th day ofNovember in the year of our Lord, one thousand eight hundred and forty one
In RulandRuland
Clerk, C.C.CelesteCeleste
vs
PapinPapin
Attachment
For Laskin Deaver the
17th Inst. Nov. 1841.
Executed
M. BrothertonM Brotherton
Shff
CelesteCeleste
vs
PapinPapin
Clerk fee 3.83
Postage 50
$ 4,33
Filed Nov. 17th 1841
Jn. RulandJohn Ruland Clerk
State of MissouriMissouri
County of St CharlesCounty of St Charles
Be it remembered that on the
twenty nineth day of October in the year Eighteen hundred and thirty eight a transcript of the record
and proceedings of the Circuit CourtCircuit Court of St Louis
County in the case of CelesteCeleste vs Alex PapinAlex Papin
was filed in the Office of the Circuit Clerk of the
Circuit of Saint Charles County, and is in the
words and figures following to wit State of
MissouriMissouri. County of St LouisCounty of St Louis Sct. Be it remembered
that heretofore to wit on the twenty forth day of June in the year eighteen hundred and thirty seven, CelesteCeleste
a woman of Color filed in the office of the Clerk of the
Circuit CourtCircuit Court within and for the county of St LouisSt Louis
in the eighth judicial Circuit of the State of MissouriMissouri
her petition which is in the words and figures following
to wit Petition To the Honorable Luke ELuke E Lawless .
LawlessLuke E Lawless Judge of the Eighth Judicial Circuit for the
State of MissouriMissouri. The Petition of CelesteCeleste a woman
of color respectfully represents that she is the daughter
of JudyJudy , who was born in the State of VirginiaState of Virginia about
the year 1786 and when about 10 or 11 years. old was
brought to Louisville KentuckyKentucky and sold to a certain
WilliamWilliam SullivanSullivan who kept her for a short
term as a slave and then sold her to a certain
RobertRobert Bernton a resident of the Town of VincennesVincennes
in the north western Territory that the said Bernton
took your petitioners mother to the Town of VincennesVincennes
in the Territory aforsaid about the year 1798 in which
place she was owned and continued to be held as a slave
by the said Bernton for the space of Two years or upwards.
That after your petitioners had been held and treated
as a slave in the Town of VincennesVincennes and Territory aforesaid
for the length of time set forth above She was sent to
KaskaskiaKaskaskia in said Territory and some short time
afterwards told to a certain, WilliamWilliam Lecompt of the
Town of St LouisSt Louis in the province of upper LouisianaLouisiana
where, she has remained in Slavery ever since and gave
petitioner further represents, that the is now illegally
held in Slavery by a certain Alexander PapinAlexander Papin of St LouisSt Louis
county contrary to the provisions of an ordinance passed
by, the Congress of the United StatesUnited States on the day of
July seventeen hundred and eighty seven. Your petitioner
therefore prays that she may be permitted to sue
as a poor person in order to establish her right to
freedom, that counsel be assigned her for that purpose
and finally that Your Honor grant the usual
orders in such cases and as in duty bound will
ever pray &c CelesteCeleste a woman of color x her mark. Accompanying
which said petition was the following affidavit
to wit- Affidavit State of MissouriMissouri SaintSt Louis
LouisSt Louis county sct. this day JudyJudy a woman of color
came before me and made Oath that the matters and
things in the foregoing petition contained so far as
they depend upon her own Knowledge are true and
those coming from the information of others. She
believes to be true. JudyJudy x her mark a woman of Color, Sworn
to & Subscribed before me this twenty fourth day of June Eighteen hundred and thirty sevenJames JJames J
Purdy Justice of the Peace.Whereupon the Judge of
said court made the following Orders to wit Orders
1st It is Ordered that CelesteCeleste the person mentioned in
the foregoing petition be permitted to sue as a poor person
for the recovery of her freedom and that F W. Risque
be assigned as counsel for that purpose. 2nd That the
said CelesteCeleste have reasonable liberty to attend her counsel
and the court as occasion may require [ The ] she be not
removed out of the jurisdictive of the court and that
She be not subject to any severity on account of her
application for freedom. L E LawlessL E Lawless Judge Ct Ct
Whereupon on the said twenty fourth day of June
in the year aforesaid the said CelesteCeleste by F. W. Risque
her attorney filed in the Office of the peace clerk of
the Circuit CourtCircuit Court for the county aforesaid her declaration
against Alexander PapinAlexander Papin which is in the words and
figures following to wit In the Circuit CourtCircuit Court of SaintSt Louis
LouisSt Louis County. July Term 1837. Saint LouisSt Louis County
to wit, CelesteCeleste a Woman of Color by F. W Risque her
attorney complains of Alexander PapinAlexander Papin of a Plea
of trespass and false imprisonment For that the said
Alexander PapinAlexander Papin heretofore to wit, on the 1st day of June in the year of our Lord one thousand eight hundred and thirty seven at the county aforesaid with force
and arms made an assault upon the said CelesteCeleste to wit at &c aforesaid and then and there beat bruised and ill treated her the said CelesteCeleste and
then and there imprisoned her and kept and detained
her in prison there without any reasonable or probable
cause whatsoever for a long time to wit for the space
of then next following, contrary to the laws of the
land and the will of said CelesteCeleste And the said CelesteCeleste avers
that at the time and before the committing of the said
grievances she was and still is a free person, and that
the said
Alexander PapinAlexander Papin held and still holds
her in slavery to the damage of the said CelesteCeleste of the sum
of three hundred dollars and there fore the brings her suit
&c F W Risque Pq; On which said declaration were
endorsed the following Orders, 1st it is ordered that
CelesteCeleste the person mentioned in the foregoing petition
be permitted to sue as a poor person for the recovery
of her freedom and that F. W. Risque be assigned as
counsel for that purpose. 2 that the said CelesteCeleste have
reasonable liberty to attend her counsel and the court
as occasion may require, that she be not removed out
of the jurisdiction of the court, and that she be not subject
to any severity an account of her application for
the order endorsed upon the petitioned Attested
John RulandJohn Ruland Clerk Ct Ct. Whereupon the clerk
of said Court issued a summons in the words and
figures following to wit-- Summons
County of Saint LouisSt Louis
ss The State of MissouriMissouri. To the Sheriff of the CountyCounty of St Louis
of St LouisCounty of St Louis Greeting We command you to summon
Alexander PapinAlexander Papin if he be found in your County
to appear before our Honorable Circuit CourtCircuit Court on
the first day of the next Term thereof to be be given and
held at the City of St LouisCity of St Louis within and for the County
aforesaid on the second Monday of July next then
and there to answer unto CelesteCeleste a woman of color
of a plea of trespass, for false imprisonment, to the
damage of said plaintiff of three hundred dollars
and have you then there this writ
RulandJohn Ruland Clerk of our said court with the seal thereof
hereto affired at office in the city of St LouisSt Louis this 24th June 1837John RulandJohn Ruland Clerk. On which said writ
was the following Sherrifs Return to Wit Return
Executed
this writ by reading it and the petition and declaration
and also the order made by the Judge to
Alexander PapinAlexander Papin on the 3d day of July 1837 in
the County of St LouisCounty of St Louis. James BrothertonJames Brotherton Sheriff by
W Brotherton D. Shff.And afterwards at the July
term of the said circuit court for the year aforesaid
and on the 12t day of said month the following plea
Plea was filed in said cause to wit. Plea
Celeste vsAlexanderAlexander Papin
PapinAlexander Papin In St Louis Circuit CourtCircuit Court July Term 1837. And
the said AlexanderAlexander by GeyerGeyer his attorney comes and
defends the force and injury when &c. and [ sais ] that
he is not guilty of the said supposed trespass and imprisonment
above laid to his charge in manner and force
as the plaintiff hath above thereof complained against
him and of this he puts himself up on the county &c
GeyerGeyer for deft
affidavit
for
continuance
And the said cause was thus continued
until the November Term of said Court for the year aforesaid
when the following affidavit was filed in said
cause to wit Celeste vs PapinPapin Suit for freedom
John D. Sarpy being duly sworn an his oath saith
that PeterPeter Manard is a material witness for the said
deft. on the trial of the above cause; that there is no other
witness in attendance upon whose testimony the said
deft can safely rely, to prove the same facts that the said
PeterPeter Manard is expected to prove. Affiant States that
he does not believe the said deft can safely go to trial
without the testimony of said Manard. That he does
not believe the said Manard is absent by the consent
connivance or procurement of this affiant who is
acting as the agent of said PapinPapin , in the above entitled
suit Affiant States that he knows the testimony
of the said Manard to be of importance on behalf
of the defendant on the trial of the above cause. Affiant
States that said Manard is a resident of the Town
of KaskaskiaKaskaskia in the State of IllinoisIllinois and at the request
of this affiant came from KaskaskiaKaskaskia to this City in
order that he might be a witness on behalf of the said
defendant and also on behalf of this affiant who
has a similar suit pending in this Hon Court
Affiant States that said Manard was in this City during
the present Term of this court, but has left the city without
giving sufficient notice to this affiant to take the deposition
of said Manard. Nor does affiant believe that
said deft knew any thing about the intended departure
of said Manard as said deftknows but little
of the said suit and depends entirely on this affiant
to procure the necessary evidence for his defence
Affiant states that as the agent for said deft he would
have taken the deposition of said Manard before
the oral testimony of said Manard and always
believed that he would be able to procure his personal
attendance whenever said cause might be set for
trial, is the reason why the deposition of said Manard
has not been taken. Affiant states that if a continuancel
is granted the deft that the deposition or the personal
attendance of said Manard can be had
at the next Term of Hon Court. Affiant further
States that since the commencement of this present
Term of this Hon Court. he has received inteligence
of other evidence which he is advised and believes
will be important for the defendant on the trial of
the above cause, which evidence affiant believes
was unknown to def and which can only be procured
by going or sending to the Town of VincennesVincennes in
the state of IndianaIndiana. Affiant States that if the deft
is [ compeled ] to go to trial at the present term of this Hon
Court, that manifest injustice will be done him the
said deft. but if a continuiance is granted that he
believes by the next term of this Hon. Court that all the
testimony necessary for the defence may be obtained
Affiant further States that this continuance is
not asked for vexation or delay butfor the purposes
of Justice. John B. SarpyJohn B Sarpy Sworn to and subscribed
in open court 30th Nov 1837John RulandJohn Ruland clerk
Whereupon the said cause was continued until the
July Term of the said Circuit CourtCircuit Court for the year
1838 when on the thirty first day of August in said
year the following further proceeding were had in
said cause to wit Celest & CelestineCelestine vs.AlexanderAlexander Papin
PapinAlexander Papin Suit for freedom. Now at this day come the
parties aforesaid by their respective[ attornies ] and
consent that these two causes may be tried together by
the same jury as one action and there upon come
also a jury to wit. Robert H. Carly DanielDaniel Pendell
Oliver Harris SamuelSamuel S M Shipp George M Willing
ThomasThomas Dowler SamuelSamuel Farley Parick M Dillow John
Arthur George HGeorge H Callender. James Johnson James
Morris twelve good and lawful men who being duly
elected tried and sworn the issue within joined will
and truly to try retire to consider of their verdict.
And
afterwords to Wit, On the first day of September[ on the first day of September ] in the year last aforesaid the
following further proceedings were had in said cause
to wit Mistrial
Celeste & Celestine vsAlexander PapinAlexander Papin Now
at this day come again the parties aforesaid by their
respective [ attornies ] and give the court to understand
and be informed that the jury in this case after their
retirement being unable to agree upon a verdict
were discharged by consent from rendering a verdict
and there upon this verdi cause is continued. And
afterwards on the twelfth day of September in the year
aforesaid the following petition and affidavit were
filed in said cause to Wit Petition
for change
of Venue
To the St Louis CircuitCircuit Court
CourtCircuit Court in the State of MissouriMissouriCelesteCeleste a Woman of
color for herself and on behalf of her infant child
CelestineCelestine ,, respectfully [ sheweth ] that the and her
said Child have seperate suits of freedom pending
in said Court against Alexander PapinAlexander Papin She states
that herself and child have had these cases once
submitted to a jury who did not agree. She is
informed that the testimony before the jury was
in law strong and conclusive in favor of their right
to freedom. She believes that the judge of this court
is prejudiced against the claim of her and her said child
for freedom. She therefore prays that the may
of may not exist. CelesteCeleste her mark x CelesteCeleste
the above named petitioner for herself and child
on her Oath states that the facts in said Petition Stated
are true and she further states that she has just come
to believe that neither she nor her child can receive
a fair trial in St Louis County on account of the
sames alleged in said Petition CelesteCeleste her mark x
Sworn to and subscribed before me this 11th day of September A. D. 1838P. WalshP Walsh Justice. Whereupon
on the day and date last upon said the following further
proceedings were had by the said court, in the
said cause to wit change
of venue
Celeste and CelestineCelestine vsAlexanderAlexander Papin
PapinAlexander Papin . On petition and affidavit of said CelesteCeleste
Stating her belief that the judge of this court is prejudiced
against her and [ he ] childs claim to freedom
it is ordered that the venue of this cause be changed
to the county of St CharlesSt Charles in the third judicial Circuit
Court of this State and that the same be certified
to the Circuit Court of that county accordingly
State of MissouriMissouri
County of St LouisCounty of St Louis
Ss
I John RulandJohn Ruland Clerk of the
Circuit Court of in and for the county of St LouisSt Louis
and Eighth judicial Circuit of said state Certify
the foregoing to be a full and true transcript of the
record and proceedings of said Court in the case of
Celeste & Celestine vsAlexander PapinAlexander Papin as the same now
remains of record in my office In testimony where of
I have hereunto set my hand and
affirxed the seal of said Court at office
in the City of St LouisCity of St Louis this nineteenth day of October A. D. 1838.
John RulandJohn Ruland Clerk
And afterwards at the Circuit CourtCircuit Court held in the Courthouse
in the Town of St CharlesSt Charles on the first Monday
after the fourth Monday in October and on the fifth
day of said Term the followin being the second day of November 1838 the following proceedings were had
To Wit Celeste and CelestineCelestine vsAlexander PapinAlexander Papin
Petition for freedom Continued. And afterwards
to wit as the May term of said Court to wit on the
10th day of May 1839 The following proceedings were
had in words and figures following, CelesteCeleste vsAlexanderAlexander Papin
PapinAlexander Papin Trespass and false imprisonment
Now at this day appears said plaintiff by F. W Risque
her attorney and said defendant being solemnly called
comes not but makes default, and the cause being
submitted to the court for trial the court finds that said
defendant is guilty of the said Trespass and false
imprisonment in manner and form as said plaintiff
hath above thereof complained against him and the court
doth assess the damages sustained by said plaintiff
of reason of the same to the sum of one cent. Therefore it
is considered by the Court that the said plaintiff CelesteCeleste
be emancipated and for ever set free from all claim
of the said Alexander PapinAlexander Papin defendant and all person
claming by through or under him and that the
said plaintiff recover of the said Alexander PapinAlexander Papin
the sum of one cent damages assessed as aforesaid
together with her costs and charges by her about
her suit in this behalf expended and that she have
thereof Execution
State of MissouriMissouri
County of St CharlesCounty of St Charles
I Judwell C. PowellPowell clerk of
the Circuit CourtCircuit Court of Saint Charles County Certify
the foregoing to be a true transcript of the record
and proceedings of said Court in the case of Celeste
& Celestine vsAlexander PapinAlexander Papin as the Same remains
of record in my office In testimony where of I have
the seal of said court at office in the
Town of Saint CharlesSt Charles on this 3rd day of March A. D. 1841.
Judwell E. Powell Clerk
By C. P. Mills D. C.
vs
Alexander PapinAlexander Papin
Reasons for new
trial.
The said plaintiff by F.W.Risque her attorney
comes and moves the court to set aside the
verdict in the above cause and permit a new
trial for the following reasons
1st. Because the verdict is contrary to law
and evidence.
2. Because the said verdict is contrary to
law
3 Because the said verdict is against
the weight of evidence.
4 Because the court erred in instructing
the jury
All which is respectfully submitted
F W Risque
att.
for Plff.
No
CelesteCeleste
vs
PapinPapin
Reasons for New Trial.
F. W. Risque att:
for Pltf
Filed November 18 1841
Jn RulandJohn Ruland Clerk
County of St. LouisCounty of St Louis, sct.
State of MissouriMissouri,
To the Sheriff of St. Louis CountyâGreeting:
You are hereby commanded to summon
Larkin DeaverLarkin Deaver
Judy Le Compte
that setting aside all manner of excuse and delay,
they be and appear in proper person
before the Judge of our Circuit CourtCircuit Court , on the
first day of February 1841 at the City of St. LouisCity of St Louis, then and there to testify,
and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
CelesteCeleste (a woman of color is
plaintiff and
Alexander PapinAlexander Papin is
defendant on the part of
the plaintiff
and have you then and there this writ.
CourtCircuit Court , at the City of St. LouisCity of St Louis, this
day of in the year of our Lord eighteen hundred and forty
Jn. RulandJohn Ruland
Clerk, C.C.Served this writ on the within
Witnesses27 Jan. 1841
MM Brotherton . BrothertonM Brotherton
Shff
$1.00
CelesteCeleste , a woman of color
vs
Alex. Papin
Subp
writ
Larkin DeaverLarkin Deaver
Judy Le Compte
County of St. LouisCounty of St Louis, sct.
State of MissouriMissouri,
To the Sheriff of St. Louis County,---Greeting:
You are hereby commanded to summon
FrsCreely
that setting aside all manner of excuse and delay, he be and appear in proper person
before the Judge of our Circuit CourtCircuit Court , on the
29 January
Inst at the City of St. LouisCity of St Louis, then and there to testify,
and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
CelesteCeleste is
plaintiff and
Alex PapinAlex Papin
defendant on the part of
Plf
and have you then there this writ.
CourtCircuit Court , at the City of St. LouisCity of St Louis, this
day of in the year of our Lord eighteen
hundred and
Jn. RulandJohn Ruland
Clerk, C.C.CelesteCeleste
vs
Papin
FrCreely
Served this writ on J. Creely
29 January 1841
M. BrothertonM Brotherton
Shff
County of St LouisCounty of St Louis, ss.
The State Of MissouriMissouri,
To
FrancisFrancis Creely CreelyFrancis Creely
Greeting:
You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our Circuit CourtCircuit Court ,
on the
forthwith
at the City of St. LouisCity of St Louis, then and there to
testify, and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
CelesteCeleste is
plaintiff and
Alexander PapinAlexander Papin is
defendant on the part of
the plaintiff
and herein you are in no wise to fail.
the seal thereof hereto affixed, at office, in the City of StCity of St Louis.
LouisCity of St Louis, this
16th day ofDecember in the year of our Lord one thousand eight hundred and forty-two.
Jn. RulandJohn Ruland
Clerk C.C.CelesteCeleste
vs
PapinPapin
Francis CreelyFrancis Creely
forthwith 16th Dec.
Executed the writ in the
County of St. LouisCounty of St Louis in the 16th dec 1842 by readingit to the within
witness
WilliamWilliam Milburn MilburnWilliam Milburn
Shff
By DanlDaniel Murphy MurphyDaniel Murphy
fees $.50/100
County of St. LouisCounty of St Louis, ss.
The State of MissouriMissouri,
To
FrancisFrancis [ Krely ]
Greeting:
You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our Circuit CourtCircuit Court , on the
twenty ninth day of May 1843
at 10 o clk. A. M. at the City of St. LouisCity of St Louis, then and there to
testify, and the truth to say in a certain matter of controversy now pending in our said Court
wherein
CelesteCeleste (a woman of Color) is
plaintiff and
Alexander PapinAlexander Papin is
defendant on the part of
the plaintiff
and herein you are in no wise to fail.
the seal thereof hereto affixed, at office, in the City of StCity of St Louis.
LouisCity of St Louis, this
twenty fifth day ofMay in the year of our Lord one thousand eight hundred and forty-three
J. RulandJ Ruland
Clerk C.C.
CelesteCeleste (a woman of color)
vs
Alex. Papin
Spa. for Plff. for 29th of May 1843.
FrancisFrancis [ Krely ]
(lives on the cross street
running up from the
Sugar Refinery, between
2nd & 4th
Executed the writ in the
County of Saint LouisCounty of Saint Louis in the 27th May 1843 by leaving a true copy at
the residence of Francis CreelyFrancis Creely with
a white member of his family over the
age of 15 Years
WmWilliam Milburn MilburnWilliam Milburn Shff.
By DanielDaniel Murphy MurphyDaniel Murphy Dpty
$ .50
County of St. LouisCounty of St Louis, ss.
The State of MissouriMissouri,
To
Greeting:
You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our Circuit CourtCircuit Court , on the 29th May 1843
at the City of St. LouisCity of St Louis, then and there to
testify, and the truth to say in a certain matter of controversy now pending in our said Court,
wherein CelesteCeleste a free woman of color
plaintiff and AlexAlex Papin PapinAlex Papin is
defendant on the part of deft
and herein you are in no wise to fail.
the seal thereof hereto affixed, at office, in the City of StCity of St Louis.
LouisCity of St Louis, this 29th day of May in the year of our Lord one thousand eight hundred and forty-three
Jn RulandJohn Ruland
Clerk C.C.Exed29th May 1843
William MilburnWilliam Milburn Shff
by DanlDaniel Murphy MurphyDaniel Murphy Dpty
CelesteCeleste
vs
Alexr Papin
Spa
Paschal CerrePascal Cerre
vs
PapinPapin
We the jury in the above
entitled cause find that
the said defendant
is not guilty of the said several
grievances above laid to his
Charge in manner and form
as the said plaintiff hath
above thereof complained
against him
JoelJoel
foreman
vs
AlexanderAlexander Papin PapinAlexander Papin
The jurors aforesaid upon their oaths
aforesaid find as to the first issue within joined between the
parties aforesaid, that the said defendant is not giulty of the
said supposed grievances above laid to his charge in manner
and form as the said plaintiff hath above thereof complained against
him: and as to the secondissue within joined between the parties
aforesaid the jurors on their oaths aforesaid say, that the said
wrongs and grievances in the said declaration mentioned were and
each and all of the same identieal wrongs and grievances as those
in said second plea mentioned and for and in respect whereof
the said supposed judgment in the said plea mentioned was
recovered in manner and form as the said defendant hath
above in his plea aforesaid alleged
Wm
Foreman


