Diana Cephas, a woman of color v. James Scott
View original image: Page  001
[missing figure]
No. 234

St. Louis Circuit CourtCircuit Court
November Term 1840

DianaDiana Cephas CephasDiana Cephas a woman of color
vs
James ScottJames Scott
Summons

Suit for freedom

Risque MurdochMurdoch &

Filed October 12. 1840

John RulandJohn Ruland Clerk

Free
View original image: Page  001
[missing figure]

James ScottJames Scott not found in my
County

M. BrothertonM Brotherton Sheriff

non est 50
View original image: Page  002
[missing figure]

County of St. LouisCounty of St Louis, ss.

The State of MissouriMissouri,

To the Sheriff of St. Louis CountyâGreeting:

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 firt 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 Mon-
day of November next, then and there to answer unto DianaDiana Cephas 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.

[missing figure]
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 Twelfth day ofOctober in the year of our Lord eighteen hundred and forty

John RulandJohn Ruland

Clerk.
View original image: Page  002
[missing figure]

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.

[missing figure]
View original image: Page  003
[missing figure]

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.Q

Risque Murdoch & King

View original image: Page  004
[missing figure]

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

State 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
forty 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 Diania Cephas then
and there took and imprisoned and restrained her
of her liberty, and her the said Diania Cephas
held in servitude from the said first day of Oc-
tober 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 there did- And she the said
DianaDiana Cephas CephasDiana Cephas and declares that she the said
DianaDiana Cephas CephasDiana Cephas and at the time of the committing
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 P. and to the great
damage of the said DianaDiana Cephas CephasDiana Cephas and there-
fore she beings this suit

Risque Murdoch King
attys for Plff

View original image: Page  005
[missing figure]

Petition of
DianaDiana Cephas CephasDiana Cephas
for leave to sue as a poor
person for her freedom

View original image: Page  006
[missing figure]

I Luke E. 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 commence-
ment of a suit for her freedom against JamesJames Scott
ScottJames Scott , do make the following orders.

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 summons
in trespass vi et armis, against James ScottJames Scott
and I do assign to the said DianaDiana Cephas CephasDiana Cephas
as her counsel Risque, Murdoch & King

Second. I do order that the said
Diana CephasDiana Cephas have reasonable liberty
to attend her counsel and the Court, as
occasion may required; 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 EL E Lawless LawlessL E Lawless

View original image: Page  007
[missing figure]

To the Hon. Luke E. 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 Africanrace, 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 Louis in said State and
deprived of her just and legal rights, liberty and
freedom, by the said ScottScott , who holds and claims
the possession and services of your petitioner, under
an agreement of hire from one MaryMary
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 County
on the MississippiMississippiriver by her
master one MarkDelahaDelaha . 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 his permanent
place of above and the hind be your petitioner out to be her
and received the of her , holding
your petitioner in involuntary servitude.
That in the month of August in that year
the wife of said DelahaDelaha did at

View original image: Page  008
[missing figure]
and in the month of February last, the said
DelahaDelaha departed from NaplesNaples & went to reside
as petitioner believes, some where in the Sounthern
County- That in the same month of February last
the said MaryMary pretending 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 of MissouriMissouri, when she has been
living since, and is now in the custody of the
said James ScottJames Scott . Your petitioner
these state of facts is 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
James ScottJames Scott or any other person or persons, claiming
or pretending to claim your petitioner as a
slave, and she will ever pray &c.

her
DianaDiana Cephas CephasDiana Cephas
mark


F. BF B Murdoch . MurdochF B Murdoch

View original image: Page  008
[missing figure]

State of MissouriMissouri
St Louis County ss.

Before the subscriber a
Justice of the Peace for the County aforesaid
DianaDiana Cephas CephasDiana Cephas , who being duly sworn
says that the facts set forth in the foregoing
petition are just & true.

Sworn to subscribed the
tenth day of October 1840

ElihuHShepard Justice
of the peace

her
DianaDiana Cephas CephasDiana Cephas
mark