Diana Cephas, a woman of color v. James Scott
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To the Hon. LukeLuke E Lawless ELuke E Lawless . LawlessLuke E Lawless , Judge of the Circuit
Court of the County of St. LouisCounty of St Louis in the State of MissouriMissouri.

Diana CephasDiana Cephas , your petitioner, a woman
of color of the African race, aged about Thirty five
years, respectfully represents to your honor, that
she is held in slavery by one James ScottJames Scott of the
City and County of St. LouisCounty of St Louisin said State, and
deprived of her just and legal rights, liberty and
freedom, by the said ScottScott , who holds and claims
the possession and of your petitioner, under
an agreement of hire one Murray McConnellMurray McConnell
of JacksonvilleJacksonville in the state of IllinoisIllinois, who
pretends to be the legal owner of your petitioner-
That your petitioner believes that she is entitled
to her freedom on the following grounds and reasons.
Your petitioner was born a slave on the
Eastern shore of the state of MarylandMaryland, in which
state she continued to reside until the
spring of the year eighteen hundred & thirty nine
when she was brought to the Western Country
bordering on the MississippiMississippi river by her master one Mark DelahaDelaha - that on or
about the first of June eighteen hundred
and thirty nine, the said DelahaDelaha with his
wife, moved to the town of NaplesNaples on the IllinoisIllinois
river in the state of IllinoisIllinois, and took your
petitioner with them - that the said DelahaDelaha made the said town of NaplesNaples his permanent
place of abode, and then hired her your petitioner out to labor
and received the rewards of her labor, holding
your petitioner in involuntary servitude -
that in the month of August in that year
the wife of said DelahaDelaha died at NaplesNaples

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and in the month of February last, the said
DelahaDelaha departed from NaplesNaples & went to reside
as petitioner believes, some where in the Southern
county - that in the same month of February last
the said MurrayMurray McConnell McConnellMurray McConnell presenting to be the
owner of your petitioner, forcibly and against her
will took your petitioner on board of a
steam boat and conveyed her to the City of St. LouisCity of St Louis
in the State ofMissouri MissouriMissouri,, where she has been
living since, and is now in the custody of the
said James ScottJames Scott . Your petitioner
these state of facts is advised and believes
that she is entitled to her freedom, and
being poor, prays your honor to grant her
leave to sue as a poor person in the said CircuitCircuit Court
CourtCircuit Court for her freedom, against the said
JamesJames Scott ScottJames Scott or any other person or persons, claiming
pretending to claim you petitioner as a
slave, and she will ever pray &c


FF B Murdoch . BF B Murdoch . MurdochF B Murdoch

Diana CephasDiana Cephas

X

her mark
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State ofMissouri MissouriMissouri

St. Louis County p. Before the subscribed a
Justice of the Peace in and for the County aforesaid
cameDiana CephasDiana Cephas , who being duly sworn
says that the facts set forth in the forgoing
petition are just & true

Sworn to & subscribed the tenth day of October 1840Justice
of the Peace
Diana CephasDiana Cephas

X

her mark
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I Luke ELuke E Lawless . LawlessLuke E Lawless Judge of the Circuit Court of the
County of St. LouisCounty of St Louis in the State of MissouriMissouri, to whom
the forgoing petition of DianaDiana Cephas CephasDiana Cephas has been
presented, believing that the same, contains
sufficient matter, to authorise the commencement
of a suit for her freedom against JamesJames Scott
ScottJames Scott , do make the following order.

First - That the said DianaDiana Cephas CephasDiana Cephas
be allowed to sue out of the Circuit CourtCircuit Court
of St. Louis County, as a poor person to
establish her right to freedom, a a summons
in trespass vi et armis, against JamesJames Scott ScottJames Scott ,
and I do assign to the said DianaDiana Cephas CephasDiana Cephas
as her counsel, Messrs Risque, Murdoch & King.

Second I do order that the said
DianaDiana Cephas CephasDiana Cephas 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
on account of her application for freedom.

L E LawlessL E Lawless

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Petition of
Diana CephasDiana Cephas

for leave to sue as a poor
person for her freedom

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In the Circuit CourtCircuit Court of St. Louis
County - November Term 1840

StateMissouri of MissouriMissouri
St. Louis County ss.

DianaDiana Cephas CephasDiana Cephas a woman of color, complains
of James ScottJames Scott of a plea of trespass, for that the
said James ScottJames Scott on the first day of October - in the year of our Lord One thousand Eight hundred and fifty at St. LouisSt Louis, to wit, at the County aforesaid
with force and arms assaulted the said DianaDiana Cephas
CephasDiana Cephas , and her the said Diana CephasDiana Cephas then
and there took and imprisoned, and restrained her
of her liberty, and her the said Diana CephasDiana Cephas
held in servitude from the said first day of October
until the twelfth day of the same month
of October, without any reasonable or probable
Cause, against the law of the land and against
the will of her the said Diana CephasDiana Cephas , and other
wrongs and injuries against the said DianaDiana Cephas
CephasDiana Cephas then and then did - And she the said
Diana CephasDiana Cephas avers and declares that she the said
DianaDiana before and at the time of the Committing of
the said grievances, was and still is a free person
and that the defendant, the said James ScottJames Scott ,
held and still holds her, the said DianaDiana in
slavery, against the peace &c. and to the great
damage of the said Diana CephasDiana Cephas and therefore
she brings this suit &c.

Risque, Murdoch & King

Attys for Plff.

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St. Louis Circuit CourtCircuit Court
November Term 1840

Diana CephasDiana Cephas
a woman of color
vs
James ScottJames Scott

suit
for
freedom

Narr.. in Trespass

The Clerk will issue summons, &c
Risque Murdoch & King
p.

Risque Murdock & King

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County of St. LouisCounty of St Louis, ss.

The State Of MissouriMissouri,

To the Sheriff of St. Louis County-Greeting:

We command you to Summon James ScottJames Scott 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 November next, then and there to answer unto Diana CephasDiana Cephas
a woman of color of a plea of trespass to the damage of said plaintiff
dollars And have you then there this writ.

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Witness, 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 Twelth day of October in the year of our Lord eighteen hundred and forty

John 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 184 L.S.
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No 234


St. Louis Circuit CourtCircuit Court
November Term 1840

Diana CephasDiana Cephas a woman of color
vs
James ScottJames Scott

Summons

Suit for freedom
Risque Murdoch & King for p

Filed October 12 1840

John RulandJohn Ruland clerk

Free
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JamesJames Scott ScottJames Scott not found in my
County

M. BrothertonM Brotherton Sheriff

non est .50
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County of St. LouisCounty of St Louis, ss.

The State of MissouriMissouri,

To the Sheriff of St. Louis County-Greeting:

We command you toas we have before commanded
you, that you summon James ScottJames Scott ,
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 DianaDiana Cephas
CephasDiana Cephas (a woman of color) of a
plea of trespass
to the great damage of said plaintiff dollars And have you then there this writ.

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Witness, 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 ninth day of March in the year of our Lord eighteen hundred and forty one.

JnJohn Ruland RulandJohn Ruland

Clerk.
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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 184 L.S.

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Bk 13 p 212 verdict for plff 14 p 179rept 18/43

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No 5

St. Louis Circuit CourtCircuit Court
July Term 1841

Diana CephasDiana Cephas (of color)
vs

alias sumd
Murray McConnellMurray McConnell

Suit for freedom
Great damage
Risque, Murdoch & King

Filed 9 March 1841


Jn RulandJohn Ruland Clk

Free
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James ScottJames Scott not found
in my County

Marshall BrothertonMarshall Brotherton
Sheriff

non est 50 cts
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Diana CephasDiana Cephas
vs

James ScottJames Scott

In the St LouisCircuit Court Circuit CourtCircuit Court
No. 5July Term 1841.

It is agreed between A King
attorney for Plaintiff and M. Leslie
for Murray McConnellMurray McConnell . claiming the above
named DianaDiana as his slave: that the
declaration and summons in the above cause
be so amended as to substitute said
McConnellMcConnell as defendant for whom
said LeslieLeslie now appears as Counsel

It is further agreed that the cases
of Jonah Cephas by his next friend vs
Scott & McConnell no 351Nov T. 1840 and the above case
shall be tried together and that the depositions
on both sides now on file in the case of Jonah Cephas, (barring exceptions to irrelevant matter)
shall be had in both cases

Leslie
A King

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In the St LouisCircuit Court Circuit CourtCircuit Court
No 5. July Term 1841

Diana CephasDiana Cephas
vs
Murray McConnellMurray McConnell
(substituted defendant in
of James ScottJames Scott )

Agreement of Counsel

FiledOctober 12 1841

JnJohn Ruland RulandJohn Ruland Clerk

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County of St. LouisCounty of St Louis,

ss.

The State of MissouriMissouri,

To Mrs CollinsCollins , wife of Charles Collins, JnY.

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 seventh day of January 1842 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 DianaDiana Cephas CephasDiana Cephas is
plaintiff and James ScottJames Scott is
defendant on the part of the Plaintiff
and herein you are in no wise to fail.

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Witness, 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 7th day of January in the year of our Lord one thousand eight hundred and forty two.

Jn. RulandJohn Ruland

Clerk; C.C.
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DianaDiana Cephas CephasDiana Cephas vs
James ScottJames Scott

Subp

Mrs CollinsCollins

Wife of C. CollinsCollins

Jna Y.

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To appear 11 Jany

Executed

m.BrothertonBrotherton
Sheriff

Fee 1.00
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County of St. LouisCounty of St Louis,

ss.

The State 0f MissouriMissouri,

To B. Whitelaw at W J Austins auction room.WilliamWilliam ScottScott ; auctioneer, Charles
Scott. 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 15th day of September 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 DianaDiana Cephas CephasDiana Cephas is plaintiff and MurrayMurray McConnell McConnellMurray McConnell is
defendant on the part of the plaintiff and herein you are in no wise to fail.

Witness, 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 13 day of Sept. in the year of our Lord one thousand eight hundred and forty three.

John RulandJohn Ruland

Clerk C.C.
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Diana CephasDiana Cephas
vs
Murry McConnellMcConnell

Subp for

John BJohn B . Whitelaw


at Austins auction
room

WmWilliam Scott ScottWilliam Scott

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This subpserved
on Whitelaw & Scott
byF BF B Murdoch . MurdochF B Murdoch
the 13 Sept '43

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This writ was served by plaintiff's
Attorney, on the 13th day of Sept
1843 in the county of St LouisSt Louis

Executed the 15th Sept1843

Wm MilburnWilliam Milburn Shff

By

Danl MurphyDaniel Murphy Dpty

fees $1.00
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DianaDiana woman of color
vs
WmWilliam Scott ScottWilliam Scott & MurrayMurray McConmell

St Louis CircuitCircuit Court
CourtCircuit Court
April Term 1843

And now at this day come said defendants
by their attorney moves the Court for a
new trial for following reasons

1.Beacuse said finding by said jury is against
evidence

2.Because it is against the might of evidence

3.Because it is against law

4.Because the Court refused the
instruction sought by Defts

5.Because the jury found against the instruction
of the Court

M. Leslie

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St. Louis Circuit Court
April Term 1843

DianaDiana (woman of
colour

vs

WmWilliam Scott ScottWilliam Scott & MurrayMurray McConnell
McConnellMurray McConnell

Motion & reason for new trial

Filed Sept. 18. 1843

J RulandJ Ruland Clk

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The Court is requested to instruct the Jury
that if they find from the evidence that
a Justice of the Peace in the State ofIllinois
IllinoisIllinois has passed upon and decided that
the Plaintiff was a fugitive slave from the
state of MissouriMissouriby regular and legal
proceedings instituted before said Justice in
accordance with the act of CongressCongress
in relation to fugitive slaves that such
[ decission ] is conclusive upon the question
of slavery and they will find for the
Defendant.

Esquire

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Refused

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1. If the jury should be of opinion, that DianaDiana
was kept in IllinoisIllinois to labor with the knowledge
and consent of C. CollinsCollins , she is entitled to freedom.

2. That is a slave escapes into a free state, and
from the service of her master and there resides against
the knowledge & consent of her master,
that such a residence will not

3. That if the Jury find from the evidence that DianaDiana was taken to IllinoisIllinois, and
there held to labor, with the knowledge and consent
of CollinsCollins , she entitled to freedom.

-....

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Dianna Cephas
vs
Murray McConnellMurray McConnell

In the SaintCircuit Court LouisCircuit Court
Circuit CourtCircuit Court April T 1843

The Court is requested to instruct the jury that the
knowledge on the part of CollinsCollins that the slave
in question was in the state of IllinoisIllinois un
accompanied with evidence that the said slave was
there by the consent of CollinsCollins is not sufficient
to entitle the plaintiff to her freedom.

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given

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Diana CephasDiana Cephas
vs
Murray McConnellMurray McConnell
Suit for Freedom

We the jury find the defendant
guilty of the Trespass & false imprisonment in
manner & form as the said plaintiff has
alleged against him. Austin Piggott foreman

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