Louis Chouteau v. Gabriel S. Chouteau
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To the Honorable the Judge of of the Circuit CourtCircuit Court within
and for the County of St. LouisCounty of St Louis

The petition of Louis a man of Color Respectfully
Sheweth, that he is by birthentitled to his freedom by being born
of a [ Negresse ], named RoseRose who was [ borne ] in MontrealMontreal in
CanadaCanada- That in the Year seventeen hundred and ninety one
or there abouts the said RoseRose was removedfrom CanadaCanada by a
certain John Strike, an Indian Trader, to his trading post at
PrairiePrairie in the Northwestern Territory of the UnitedUnited States
StatesUnited States west of the river OhioOhioand was there detained by the
the said JohnStrike, as his slave, until the death of said
Strike, which took place about the year 1793 or 94 - that
he is informed that after the death of the said Strike
aforesaid, she was broughtdown to St LouisSt Louis by a certain
AndrewAndrew ToddTodd a traderwho sold her to a certain D Didier
the Curate of the parish, contrary to the provision of an
Ordinance of the Congress of the UnitedUnited States StatesUnited States, entitled an
Ordinance for the Government of the Territory North West of
the River OhioOhiopassed July 13th 1787, that she remained
saidDidierDidier as his slave and was afterward sold by him
as his slave, as to one AugusteAugust Chouteau ChouteauAugust Chouteau who is
dead,

Your petitioner further States that after the death of
said ChouteauChouteau , at a of the per Estate of said
ChouteauChouteau , he was bid for and to one
ChouteauChouteau in whose possession he nowremains held by
him as a slavecontrary to the provisions of the ordinance
afore stated Wherefore he prays that he may be permitted
to sue as a poorperson for the obtaining of his freedom, and
that Your Honorwillmake an order that he have reasonable
liberty to attend his Counsel and the Court, and that he shall
not be subjected to any severity on account of his
forfreedom, nor be removed out of the jurisdiction of the court

Louis his
mark
qua testes,
F. Kritschman

Sworn to and subscribed before me
this sixth day of May, a. d. 1843.

Fr. Kretschmar, Justice of the peace, St. Louis County, Mo.
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In the Circuit CourtCircuit Court
County of St LouisCounty of St Louis
ss:

By the Honorable BryanBryan Mullanphy MullanphyBryan Mullanphy , Judge of
the Circuit CourtCircuit Court aforesaid

The Petitioner has leave to establish his right to freedom, He
is permitted to sue as a poor person and DuncanDuncan
Esq is assigned to him as Counsel
it is ordered By the Court that he have reasonable liberty
to attend his counsel and the Court, as occasion may require, and
that he shall not be removed out the jurisdiction of the court
nor be subjected to any severity on account of his application for
freedom.

Given at my Chamber this the
27th day of May 1843.

Bryan MullanphyBryan Mullanphy
Judge 8th Judicial
Circuit of MissouriCircuit Court

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Louis a man of color
Gabriel Ceni
Petition for Freedom

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County of St. LouisCounty of St Louis, SS.
The State of MissouriMissouri,

To the Sheriff of St. Louis Countyà ¸Greeting:

We command you to Summon Gabriel S. ChouteauGabriel S Chouteau
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. LouisSt Louis, on the
third Monday of April next, then and there to answer unto LouisLouis Chouteau
ChouteauLouis Chouteau of a plea of Trespass
to the damage of said plaintiff of Eight hundred
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. LouisSt Louis, this fourteenth day ofFebruary in the year of our Lord eighteen hundred and forty four.

Jn. 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

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Plea filed Bk 15p18. suitJuly 18th 184416p35 set aside
filedsustd new suitset aside in pay of costs and
Court by counsel 18p315Court19p43.19 page 229
November Term 1832, Nov 22d 1852 new suit22p286.[ Mo to set aside ]new
suit sustd30p428. [ Mo ]sustdshff ordered to hire the pltff 30p444
Mo to reduce bondsustd30p540, Nov 25th 64 judgment by
agreement in favor of plff for one 33p642
32p642 I 26th 65 [ Mo ] to retax costs 33 p 65
4th 65 Bill Ex filed 33p73.

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No 51

St Louis Circuit CourtCircuit Court
April Term 1844

Louis ChouteauLouis Chouteau
vs
summons
Gabriel S. ChouteauGabriel S Chouteau

Suit for Freedom.
$ 800

Duncan & Cobb, p.q.

Filed July 17th 1844

Jn RulandJohn Ruland Clerk

additional costs on and to
1.75 July 7 65 (85)
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[missing figure]

Executed this writ inthe CountyCounty St Louis
St LouisCounty St Louis on the 21st day of February 1844 by
offering to read it and the declaration to GabrielGabriel S Chouteau
S ChouteauGabriel S Chouteau , which he refused to hear, and also
by [ makeing ]known the contents of the within
order of the Judge to the said Gabriel SGabriel S Chouteau
ChouteauGabriel S Chouteau

William MilburnWilliam Milburn Shff
by N C OsburnOsburn Depy

fees $ 1.50
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[missing figure]

St Louis Circuit CourtCircuit Court
Apl 7. 1844

Louis ChouteauLouis Chouteau
vs
Gabriel S. ChouteauGabriel S Chouteau

And the trial defendant
by his attorney comes & defends the
force & injury when &.C. and says that
his not guilty of the said severaltrespass
& grievances in manner & as
the said plaintiff hath where thereof complained
against him & of this he puts him
self upon the county &.C.

SpaldingSpalding & TiffanyTiffany
Attys for Deft

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[missing figure]
51

St Louis Circuit CourtCircuit Court

Louis ChouteauLouis Chouteau
vs
Gabriel S. ChouteauGabriel S Chouteau

Plea

SpaldingSpalding & TiffanyTiffany
attys.

Filed 24th April 1844.

Jn. RulandJohn Ruland Clerk

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[missing figure]
Louis ChouteauLouis Chouteau
vs
Gabriel S. ChouteauGabriel S Chouteau

In the St. LouisCircuit Court
Circuit CourtCircuit Court
April Term 1845

And now the said plaintiff
comes & moves the Court by his
Attorney, to set aside thenon suit andreinstate the above
entitled suit upon, the docket, for
the following reasons, stated in
the affidavit hereto annexed,

CobbCobb Atty. for Plff

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State of MissouriMissouri
County of St. LouisCounty of St Louis
Ss.

Before me John RulandJohn Ruland , Clerk
of the St. Louis Circuit CourtCircuit Court, personally appeared
B. F. Thomas, who being by me duly sworn upon his
oath states that on or about the 4th day of February
last part HenryHenry L. CobbL Cobb , placed in his hands
some business which he desired affiant to attend to for him during his absence said Cobb's absence
from the City of St. LouisCity of St Louis - that among other
said CobbCobb , desired affiant to attend to a suit in the
St. Louis Circuit CourtCircuit Court entitled Louis ChouteauLouis Chouteau
vs.Gabriel S. ChouteauGabriel S Chouteau - that in the morning of the day
on which said case was set for trial - affiant
with JosiahJosiah Spalding SpaldingJosiah Spalding Esq. attorney offered on
the part of the defendant, about the trial of saidsuit
and informed said Shalding that said CobbCobb desired
a continuance of said case until his return from
the City of New OrleansOrleans - said SpaldingSpalding replied
that it was of no avail for said case had been
settled by a decisionof ourSupremeSupreme Court CourtSupreme Court in a

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similar case there lately decided - affiant remarked
that he knew nothing about said case, in SupremeSupreme Court
CourtSupreme Court , and perhaps, Mr. CobbCobb , relied upon other prints
his suit and after said conversation,
according to affiant best knowledge and belief
and SpaldingSpalding agreed to a continuance of the case
until said Cobb's return: said affiant further
states that he was present in the court on the
morning on which said case was set for trial
but that he did not hear said case called per trial
on its regular order, and therefore said affiant
inferred that said Shalding had continued
said case in accordance with the understanding between
him and affiant.

B. F. Thomas

Sworn to & subscribed before me
this 1st day of July 1845

Jn. RulandJohn Ruland Clk

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State of MissouriMissouri
County of St. LouisCounty of St LouisSs

Before the undersigned personally
appeared HenryHenry L. CobbL Cobb who being duly
sworn says that on or about the 4th day
of Feb. last, he desired B. Franklin Thomas to attend
to the suit of LouisLouis Chouteau ChouteauLouis Chouteau vs Gabriel S. ChouteauGabriel S Chouteau
in the Circuit CourtCircuit Court , if said suit should be called
on the docket during the absence of affiantfrom
this State that he would have the claim continued
& that on the return of said affiant to the State
said ThomasThomas informedsaid affiant that said suit
had been continued, as stated in his affidavit above,
that said affiant returned to this City on or about the 4th
of March last, & has sincediscovered that a nonsuit
in said case on the 18th Feb. during his said absence

Sworn to, subscribed, July 1st 1845

John RulandJohn Ruland Clk
Circuit CourtCircuit Court

HenryHenry LL Cobb .CobbL Cobb

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In the Saint LouisCircuit Court
Circuit CourtCircuit Court
April Term 1845

Louis ChouteauLouis Chouteau
vs
Gabriel S. ChouteauGabriel S Chouteau

Motionto setaside
nonsuit & c

CobbCobb
Atty for Pltf

filed July 1st 1845

Jn RulandJohn Ruland Clk

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County of St. LouisCounty of St Louis, SS.
The State of MissouriMissouri,

To Paschal CerrePascal Cerre , Michel MarleMichel Marle , Pierre LarivierePierre Lariviere
Michel Fortaine, Mr. Cuigan, Mr. Precie, and F Fouche
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 nineteenth day of December A. D. 1845 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 Louis ChouteauLouis Chouteau is
plaintiff and Gabriel S. ChouteauGabriel S Chouteau
defendant on the part of the plaintiff
and herein you are in no wise to fail.

[missing figure]
Witness, John RulandJohn Ruland , Clerk of our said Court, with
the seal thereof hereto affixed, at office, in the City of StCity of St Louis
LouisCity of St Louis, this first day of December in the year of our Lord one thousand eight hundred and forty-five.

John RulandJohn Ruland Clerk, C.C.

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Executed this writ in the
County of St LouisCounty of St LouisDecember 3rd 1845 by reading itto Paschall Cerre
Micheal Marle PierrePierre Lariviere LarivierePierre Lariviere

WilliamWilliam Milburn MilburnWilliam Milburn Sheff
By RR Dowling DowlingR Dowling Deputy

$ 2.50
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[missing figure]

further Executed the8th Dec by reading
it toMichaelMichael Fortaine FortaineMichael Fortaine & MrPrescie
Cuigan not found in my county

WilliamWilliam Milburn MilburnWilliam Milburn
By James LJames L Harris .HarrisJames L Harris Dety

fees $ 3.10
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In Circuit CourtCircuit Court

Louis ChouteauLouis Chouteau
vs
Gabriel S. ChouteauGabriel S Chouteau

subpoena for Pltf

Paschel Cerre
MichelMichel Marle MarleMichel Marle
PierrePierre Lariviere LarivierePierre Lariviere
MichaelMichael Fortaine
FortaineMichael Fortaine

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in Town S in Florrisant

Francis Fouche
Executed Wm MilburnWilliam Milburn Shrff

fee $ 2.50
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[missing figure]

County of St. LouisCounty of St Louis, SS.
The State of MissouriMissouri,

To Paschal CerrePascal Cerre , Michel MarleMichel Marle , PierrePierre Lariviere LarivierePierre Lariviere ,
Michel Fortaine,
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 thirtieth day of April A.D. 1846. 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 Louis ChouteauLouis Chouteau is
plaintiff and Gabriel S. ChouteauGabriel S Chouteau
defendant on the part of the plaintiff
and herein you are in no wise to fail.

[missing figure]
Witness, John RulandJohn Ruland , Clerk of our said Court, with
the seal thereof hereto affixed, at office, in the City of StCity of St Louis.
LouisCity of St Louis, this 25th day of April in the year of our Lord one thousand eight hundred and forty six

Jno RulandJohn Ruland Clerk, C.C.

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>Louis ChouteauLouis Chouteau
vs
Gabriel S. ChouteauGabriel S Chouteau

Subpoena
Pasch L Cerre

Mich Marle
Pierre [ Lammiere ]
Michael FortaineMichael Fortaine
Executed Wm MilburnWilliam Milburn Shrff

fee $ 200
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[missing figure]

County of St. LouisCounty of St Louis, Ss.
The State of MissouriMissouri,

To MarianneMarianne Tison TisonMarianne Tison , Antoine SmithAntonie Smith ,
MichaelMichael Marli MarliMichael Marli
Greeting:

You are here by commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our Circuit CourtCircuit Court , on the 30th day of April 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 LouisLouis Chouteau ChouteauLouis Chouteau (of Color) is
plaintiff and Gabriel S. ChouteauGabriel S Chouteau is
defendant on the part of the defendant
and herein you are in no wise to fail.

[missing figure]
Witness, John RulandJohn Ruland , Clerk of our said Court, with
the seal thereof hereto affixed, at office, in the City of StCity of St Louis.
LouisCity of St Louis, this 27th day of April in the year of our Lord one thousand eight hundred and forty-six.

John RulandJohn Ruland Clerk, C.C.

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LouisLouis Chouteau ChouteauLouis Chouteau (of color)
vs
GabrielGabriel C. ChouteauChouteau

Witnesses
MarianneMarianne Tison TisonMarianne Tison
Ant Smith
MichaelMichael Marli MarliMichael Marli
Sub. for 30th April

Executed Wm MilburnWilliam Milburn Shrff

fee $ 1.50
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[missing figure]

County of St LouisCounty of St Louis, ss.
The State of MissouriMissouri,

To Michel MarleMichel Marle & PierrePierre Lariviere LarivierePierre Lariviere
WilsonWilson
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 28th day of April 1847 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 Louis ChouteauLouis Chouteau is
plaintiff and Gabriel S. ChouteauGabriel S Chouteau
defendant on the part of the plaintiff
and herein you are in no wise to fail.

[missing figure]
Witness, John RulandJohn Ruland , Clerk of our said Court, with
the seal thereof hereto affixed, at office, in the City of StCity of St Louis.
LouisCity of St Louis, this 24th day of April in the year of our Lord one thousand eight hundred and forty-seven

. JnJohn Ruland RulandJohn Ruland Clerk C.C.

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[missing figure]

Executed April 26th by reading except
PierrePierre Lariviere LarivierePierre Lariviere not found

SamuelSamuel Conway ConwaySamuel Conway Sheriff
By GeoP Stevens
Depty

fees $ 1.60
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[missing figure]
28

In Circuit CourtCircuit Court

Louis ChouteauLouis Chouteau
vs
Gabl. S. ChouteauS Chouteau

subpoenas for plff

Paschal CerrePascal Cerre
Michael Marle
PierrePierre Lariviere LarivierePierre Lariviere
WilsonWilson Primm

for 28th Apl.

Jn Toure

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[missing figure]

RecievedApril 24th 1847

S Conway

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County of St. LouisCounty of St Louis, ss.
The State of MissouriMissouri,

To Michel Fortaine Michel Cuigan
PierrePierre Piaute PiautePierre Piaute , alias StSt Ange . AugeSt Ange MaryAnnTison
& M. Precis
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 28th day of April 1847 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 Louis ChouteauLouis Chouteau is
plaintiff and Gabriel S. ChouteauGabriel S Chouteau
defendant on the part of the plaintiff
and herein you are in no wise to fail.

[missing figure]
Witness, John RulandJohn Ruland , Clerk of our said Court, with
the seal thereof hereto affixed, at office, in the City of StCity of St Louis.
LouisCity of St Louis, this 23d day of April in the year of our Lord one thousand eight hundred and forty-seven

Jn RulandJohn Ruland Clerk C.C.

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[missing figure]

In Circuit CourtCircuit Court

Louis ChouteauLouis Chouteau
vs
Gabl. S. ChouteauS Chouteau

Subpoena for pff.
Michel Fortaine
Michel
MrPrecie
Mary Tison
PierrePierre Piaute PiautePierre Piaute
alias StSt Ange . AugeSt Ange
for 28th Apl. 1847
All in StSt Louis. LouisSt Louis
except St AugeSt Ange who
is now in town P. .
on 11between
FranklinAv.. & Wash St.

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[missing figure]

April 24 1847

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[missing figure]

Executed St LouisSt LouisApril 26th 1847.

Saml Shff
By Jn. C. BrownBrown Dpty

fees 210
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[missing figure]

County of St. LouisCounty of St Louis, SS.
The State of MissouriMissouri,

To Mr. Dufrene. & Jacob Boneau
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 28th day of April 1847 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 LouisLouis Chouteau ChouteauLouis Chouteau is
plaintiff and Gabriel S. ChouteauGabriel S Chouteau
defendant on the part of the plaintiffs
and herein you are in no wise to fail.

[missing figure]
Witness, John RulandJohn Ruland , Clerk of our said Court, with
the seal thereof hereto affixed, at office, in the City of StCity of St Louis.
LouisCity of St Louis, this 27th day of April in the year of our Lord one thousand eight hundred and forty-seven

Jn. RulandJohn Ruland Clerk, C.C.

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[missing figure]

In Circuit CourtCircuit Court

LouisLouis Chouteau Chouteau

Gabriel S. ChouteauLouis Chouteau

Subpoena for plff

M.Dufrene
Jacob Boneau

for 28th Apl. 47

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[missing figure]

Executed April 27th 1847 by reading

SamuelSamuel Conway ConwaySamuel Conway
Sheriff
By GeoP Stevens
Depty

Fees $ 1,00
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[missing figure]

Louis ChouteauLouis Chouteau
vs
Gabriel S. ChouteauGabriel S Chouteau

In the St LouisCircuit Court
Circuit CourtCircuit Court
April Term 1847

It is hereby agreed between
the parties in the above case, that this
case shall be continued until
the suit of PierrePierre vsChouteauChouteau
shall be finallysettled,

HenryHenry L. CobbL Cobb
Plff atty.

SpaldingSpalding & TiffanyTiffany
attys of deft

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[missing figure]

Louis
vs
ChouteauChouteau

Filed April 30, 1847

Jn. RulandJohn Ruland Clerk

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[missing figure]

County of St. LouisCounty of St Louis, ss.
The State of MissouriMissouri,

To St AugeSt Ange , ,-Cuiguian, Pierre Riaute, Joseph Precie,
MichelMichel Marle Fortaine, - Larivierre, Francois
Rowan Dufrane, Michel MarleMichel Marle , Jaques Bouman,
and Paschel Cerre,
Greeting:

You are hereby commanded, that setting aside all manner of excuse and delay, you appear before
our Circuit CourtCircuit Court , for the county aforesaid, on the eighth day of February 1849 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 Louis ChouteauLouis Chouteau is
plaintiff and Gabriel S. ChouteauGabriel S Chouteau
defendant on the part of the plaintiff
and herein you are in [ nowise ] to fail.

[missing figure]
Witness, WilsonWilson Primm, Clerk of our said Court,
with the seal thereof hereto affixed, at office, in
the City of St. LouisCity of St Louis, this 24th day of January in the year of our Lord one thousand eight hundred and forty-nine

WilsonWilson Primm Clerk, C.C.

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[missing figure]

Executed this subpoena
in the County ofCounty of St Louis St LouisCounty of St Louis
on the 29th day of Jan 1849, on PeterPeter , Piante
JosephJoseph PrecieMichaelMichael Fortaine
FortaineMichael Fortaine Lariviere

JaquesJaques Bouneau BouneauJaques Bouneau
StAugae Michael
MarleRowanRowan Dufrene
DufreneRowan Dufrene not found

Louis TLouis T Labeaume . LabeaumeLouis T Labeaume
Shff
By FranklinFranklin Depty

310
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[missing figure]

In Circuit CourtCircuit Court

Louis
vs
ChouteauChouteau

Spa

PaschalPascal Cerre CerrePascal Cerre
MichelMichel Marle MarleMichel Marle (dead)
RowanRowan Dufrene DufreneRowan Dufrene
Lariviere
JaquesJaques Bouneau BouneauJaques Bouneau
(In City)
Pierre Pianti
Joseph Precie
Michel Fortaine
FrancoisTouche
Cuigian
StSt Ange . AugeSt Ange
(In )

for the 8th Feb. 1849

( 8)
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[missing figure]

Market man
market

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[missing figure]

Louis ChouteauLouis Chouteau
vs.
Gabriel S. ChouteauGabriel S Chouteau
In the St. Louis CircuitCircuit Court
CourtCircuit Court State of MissouriMissouri.

To theabove named plaintiff.

You are hereby notified, that Depositions of Witnesses to be read in evidence in the above
cause, on the part of the defendant will be taken at the office
of the Clerk of the Circuit CourtCircuit Court
at the Court House
in the County ofCounty of St Louis St. LouisCounty of St Louis and State ofMissouri MissouriMissouri on the Sixth day of February 1849 between the hours of 8 o'clock in the forenoon, and 6 o'clock in
the afternoon: and that the taking of said depositions, if not completed on that day, will be
continued from day to day, at the same place and between the same hours, till completed.

Gabriel S. ChouteauGabriel S Chouteau .
by his attorneys.

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[missing figure]

Served this notice in the county of
St. LouisSt Louis this 2nd day of February 1849 by
delivering a true copy thereof to LouisLouis T Labeaume
ChouteauChouteau

Louis TLouis T Labeaume . LabeaumeLouis T Labeaume Shff
By J. C. BrownBrown Depty

fee 50
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[missing figure]

Louis ChouteauLouis Chouteau
vs
G. S ChouteauS Chouteau

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[missing figure]

County of St. LouisCounty of St Louis, Ss.
The State of MissouriMissouri,

To Paschel Cerre Michel MarleMichel Marle Rowain Dufrene
Jaques Boumean Pierre PiautePierre Piaute & - Rene Paul Larivierre (In City)
Francois Fouche, Joseph Precie Michel Foutain and
Cuiguian (In FlorissantFlorissant)
Greeting:

You Are Hereby Commanded, that setting aside all manner of excuse and delay,
you appear before our Circuit CourtCircuit Court for the County aforesaid, on the 4th day of December 1850 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 Louis ChouteauLouis Chouteau is
plaintiff and Gabriel S. ChouteauGabriel S Chouteau
defendant on the part of the plaintiff
and herein you are in no wise to fail.

[missing figure]
Witness, Michael S. CerreMichael S Cerre , Clerk of our said Court,
with the seal thereof hereto affixed, at office, in the
City of St. LouisCity of St Louis, this 30th day ofNovember in the year of our Lord one thousand eight hundred and fifty

M. S. CerreM S Cerre Clerk, C.C.

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[missing figure]

In Circuit CourtCircuit Court

Louis ChouteauLouis Chouteau
vs
Gabriel S. ChouteauGabriel S Chouteau

PaschalPascal Cerre CerrePascal Cerre Dead
MichelMichel Marle MarleMichel Marle Dead
RowaineDufrene Dead
Jaques
PierrePierre Piaute PiautePierre Piaute
Rene Paul
Larivierre on 4th
first above
Poplar East Side
(In City)
FrancoisFouche Dead
JosephJoseph Precie
MichelMichael Fortaine FortainMichael Fortaine Dead
Cuiguian or StSt Ange . AugeSt Ange
In FlorissantFlorissant

for 4th Decr.
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[missing figure]

Executed except
PaschalPascal Cerre CerrePascal Cerre
Michael Marle
RowaineDufrene
Jaques
Francis Fouche
MichelMichael Fortaine FortainMichael Fortaine
Henry B Bett Sheriff
By L S Link Dept

fee $ 1.50

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[missing figure]

County of St. LouisCounty of St Louis, Ss.
The State of MissouriMissouri,

To AntoineAntonie Smith SmithAntonie Smith MarianneMarianne Tison TisonMarianne Tison FrancisFrancis Tison TisonFrancis Tison

Greeting:

You are hereby Commanded, that setting aside all manner of excuse and delay, you
appear before our Circuit CourtCircuit Court for the County aforesaid, on the 22nd of November 1852 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 LouisLouis Chouteau ChouteauLouis Chouteau (of color) is
plaintiff and Gab. SS Chouteau ChouteauS Chouteau is
defendant on the part of defendant
and herein you are in no wise to fail.

[missing figure]
Witness, Michael S. CerreMichael S Cerre , Clerk of our said Court,
with the seal thereof hereto affixed, at office, in
the City of St. LouisCity of St Louis, this 18th day of Nov. in the year of our Lord one thousand eight hundred and fifty two -

M S. CerreM S Cerre Clerk C. C.

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[missing figure]

Executed this writ in the County of StCounty of St Louis
LouisCounty of St Louis, on the 20 day of November 1854 by
reading the same to the withinnamed Anton
Smith, the within named MarianneMarianne Tison TisonMarianne Tison is not
able to come and Francis TisonFrancis Tison not found

Jn M WimerShff
By G. BornsteinDpty

fee 70 cents
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[missing figure]

Circuit CourtCircuit Court

Louis ChouteauLouis Chouteau
vs
Gab. S ChouteauS Chouteau

for Dep

Ant Smith
MarianneMarianne Tison TisonMarianne Tison
Francis TisonFrancis Tison

for 22 Nov 1844

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[missing figure]

In the St Louis Circuit CourtCircuit Court
8th February 1849

It is hereby agreed by and between the
parties in the suits of Louis vs Chouteau
Charlotte vs Chouteau & Michel vsPaulPaul
in which the undersigned are counsel
for their respective parties in this Court,
that the said suits shall abide the final determination of the suit of PierrePierre ve ChouteauChouteau ,
provided the same shall be tried upon its merits
& carried to a final determination; but in case
of the death of PierrePierre , or any cause preventing
a final determination on the merits in his suit,
then either of the other above mentioned suits
may be tried on its merits, & all depositions, &
documents adduced by plaintiff or defendant
which would be legal evidence in the case of PierrePierre
may be read on the trial of either of the above
mentioned suits (subject to the same exceptions
as they would be in the case of PierrePierre )

And it is hereby further agreed, that the
testimony for the plaintiff as well as for the
defendant, reported by D.C.Little, Reporter for
the Court on the former trial of PierrePierre , and
filed in this Court, may be read in evidence
on any subsequent trial of PierrePierre , or on the
trial of either of the above mentioned suits
by the plaintiff, or defendant according as the
tesitmoney was reported for the one or the other
only however when it shall appear on any of said
trials, that any of the witnesses whose testimony is
therein reported is dead, or that there is any legal
reason why any of said witnesses whose testimony it
is desired to read may not attend the court on any of
said future trials

HenryHenry LL Cobb .CobbL Cobb
Atty for Plffs

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[missing figure]

Louis
vs
Gab.S. ChouteauS Chouteau

Agreement of Counsel

filed October 13 1833

M. S. Carre Clk

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[missing figure]

State of MissouriMissouri
County of St LouisCounty of St Louis
sct

CharlesCharles Roderman RodermanCharles Roderman ,
being duly sworn on his oath says, that
he is jailor of the County of S LouisCounty of S Louis, that
he entered upon the duties of his office
as jailor aforesaid on the 14th day of August 1858; & that the affiant then & there found
a man named Louis (of color) confined in
the jail & that the only authority by which
he was then & there & is so held, as appeared
& yet appears in the office of jailor, is
the following entry on the book, known as
the jail record book:

"State
"vs
"LewisLewis Negro
"June 6th 1857 Committed by Sheriff
for Safe Keeping"

And affiant further states that he
has held & now holds the said Louis,
subject to the order of the Sheriff or
the order of the Court.

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[missing figure]

Louis ChouteauLouis Chouteau
vs
Gabriel S. ChouteauGabriel S Chouteau

Affidavit of
CharlesCharles Rodermean
Jailor on motion
for order to hire out
pff.

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[missing figure]

In St Louis Circuit CourtCircuit Court

Louis ChouteauLouis Chouteau
vs
Gabriel S. ChouteauGabriel S Chouteau

For Freedom
And now comes the said
plaintiff & moves the court to make an order
on the Sheriff to hire the plaintiff out, as
provided by the Statutes, See 8 Chap 69 in the
act entitled "an act to enable persons held in
slavery to sue for their freedom"

1st. Because B. MB M Lynch . LynchB M Lynch who
was about to remove the plaintiff out of the
jurisdiction of the Courts either by himself or
by his agent has failed to enter into the recognizance required of him by the Statutes in such
case made & provided

2d. Because the plaintiff was by the
Sheriff committed to the common jail of
St Louis County, for safe keeping, on the 6th day of June 1857 & now remains in said
jail under &by virtue of said commitment
he the said plaintiff being in the possession
of the Sheriff

H Cobb
for Plff

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[missing figure]

In Circuit CourtCircuit Court

Louis ChouteauLouis Chouteau
vs
Gabriel S. ChouteauGabriel S Chouteau

Motion for order on
Sheriff to hire out [ so ]

filed by leave of
Court Jany 21st 61

SRice

H. Cobb
Atty for Plf

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[missing figure]

State of MissouriMissouri
County of S LouisCounty of S Louis
sct.

Louis ChouteauLouis Chouteau , the plaintiff
in the above named suit, of Louis ChouteauLouis Chouteau
vsGabriel S. ChouteauGabriel S Chouteau , being duly sworn
on his oath says that on the 6th of June
1857 he the plaintiff was committed by
the Sheriff of St LouisSt Louis Court, for safe keeping
to the Common jail of said County, where
said plaintiff is now kept to prevent
him said plaintiff from being removed
out of the jurisdiction of this Court, on account
of his suit for freedom, & affiant
further says that the other facts stated
in the above motion are true to the best
of his knowledge & belief

Sworn to & subscribed
this
before me

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[missing figure]

In the St Louis CircuitCircuit Court
CourtCircuit Court

Louis ChouteauLouis Chouteau
vs
Gabriel S. ChouteauGabriel S Chouteau

Motion to set aside
judgment of new suit,
& to reinstate this
suit on the docket

filed by leave of Court
Jany 21 1861

S Rice H Cobb
Pfs. Atty

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[missing figure]
Louis ChouteauLouis Chouteau
plaintiff (of color)
vs
Gabriel S. ChouteauGabriel S Chouteau

In the St Louis CircuitCircuit Court
CourtCircuit Court
January 23rd 1861

To the Sheriff of St Louis County:

You are hereby notified that a motion is
pending in the above named suit to order
the Sheriff to hire out the plaintiff in
accordance with Sec. 8 Chap. 69 of the
Statutes of MissouriMissouri on the subject of freedom
& that said motion will be called up for
action thereon by the Court aforesaid, at
the Court House, in the City & Court of St LouisSt Louis
State of MissouriMissouri, on the 24th day of January 1861, at the hour of 10 o'clock A.M.
or as soon thereafter as the attention of the
Court can be given to the consideration
of the said motion, when & where you will
please attend & show cause if any you
have, why said motion should not be
granted by the Court

HenryHenry Cobb
Atty for Plff

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[missing figure]

I John H. Andrews, Sheriff of the CountyCounty of St Louis
of St LouisCounty of St Louis, hereby accept the service of
of the above notice & waive objections to
time of action on motion

John H Andrews Shff
Theodore La BeaumeDpy

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[missing figure]

In the St LouisCircuit Court
Circuit CourtCircuit Court
January 21st 1861

Louis ChouteauLouis Chouteau
vs
Gabriel S. ChouteauGabriel S Chouteau

Notice to Sheriff
of motion for order
on him accepted-
service

Filed Jany 24th 1861

S Rice Clk
H Cobb
PlfsAtty

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[missing figure]
Louis ChouteauLouis Chouteau
vs
Gabriel S. ChouteauGabriel S Chouteau

In the St LouisCircuit Court
Circuit CourtCircuit Court

State of MissouriMissouri
County of St LouisCounty of St Louis
sct.

Be it remembered
that Bernard MBernard M Lynch . LynchBernard M Lynch , being duly sworn
on his oath says that he is now, & has been
for about twelve years engaged in the
business of buying & selling slaves, that
Louis the plaintiff in the above named
suit was placed in the possession of
the affiant on or about the first of the
month of June in the year 1857, & that
soon thereafter said Louis was delivered
by affiant to the Sheriff of St LouisSt Louis Court
on a warrant issued by A. HamiltonAlexander Hamilton
Judge of the Court aforesaid, as a suit had
been brought by said Louis for his freedom
against Gabriel S. ChouteauGabriel S Chouteau ; & affiant further
says that he estimates the value of said
Louis as a slave to be about six hundred
dollars,

B. MB M Lynch . LynchB M Lynch

Subscribed & sworn to
before me Jany 24th '61

S. Rice Clk

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[missing figure]

In Circuit CourtCircuit Court

Louis ChouteauLouis Chouteau
vs
Gabriel S. ChouteauGabriel S Chouteau

Affidavit of B. MB M Lynch . LynchB M Lynch

Filed January 24th 1861

S Rice Clk

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[missing figure]

State of MissouriMissouri
County of St LouisCounty of St Louis
sct

To the Sheriff of said St Louis County; Greetings

beingnow to appear to the oath & action,
of the undersigned Judge of the St LouisCircuit Court
Circuit CourtCircuit Court that by the affidavit,
of .I. P. FoucheEsq. that Louis
of color, is about to be removed,
out of the jurisdiction of said CircuitCircuit Court
CourtCircuit Court there are therefore to,
command the said Sheriff to seize
the said Louis wherever he may be
found and him bring him before
the undersigned at chambers
of the office of the Clerk of said
Court of the Court House in the
CityCity of St Louis of St LouisCity of St Louis on Monday
the 8th day of June AD 1857 at
the hour of 9 AM and you
are further commanded to summon
summon B MB M Lynch LynchB M Lynch or other
person in whose possession the said
Louis may be found then and
there to appear before the undersigned
given under my hand this sixth day of June in the year of our Lord eighteen hundred fifty seven

A HamiltonAlexander Hamilton
Judge 8th Ju
dicial Cir Mo

View original image: Page  045
[missing figure]

Executed this writ by servingB MB M Lynch
LynchB M Lynch the 6th day of June 1857
to appear before the Judge of the
Circuit CourtCircuit Court on the 8th June 1857
at the hour of 9 oclock A M at the
office of the Clerk of the Circuit CourtCircuit Court at the Court House

Executed further the 8th day of June 1857 by having the Body of Louis
a man of color before, Judge
HamiltonHamilton of the Circuit CourtCircuit Court
of St Louis County of the office of the Clerk
of the Circuit CourtCircuit Court at
the Court House

JamesJames Castello CastelloJames Castello Sheriff
& Ed S.CastelloDepty

fee 2.00
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[missing figure]

Louis (of color)
(Entitled)Louis ChouteauLouis Chouteau
vs
Gabriel S. ChouteauGabriel S Chouteau

Application for warrant
8th June 1857

Filed Jany 28 1861

S Rice
Clk

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[missing figure]

Executed this writ by having the body of Louis of color before Hon. Defendant Hanllu Judge of the Circut CourtCircuit Court of St. Louis County

June 8th 1857

Fee 2.00

James CastelloJames Castello shff
by Ed J CastelloEd J Castello Dept

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[missing figure]

State of MissouriMissouri
County of St LouisCounty of St Louis
ss

In the St Louis Circuit CourtCircuit Court
September Term 1860
January 28th 1861

Louis ChouteauLouis Chouteau
vs
Gabriel S. ChouteauGabriel S Chouteau

Order to hire Plaintiff

It is ordered by the Court
that the Sheriff of St Louis County hire
said Plaintiff out to the best advantage from time to time during
the Pendency of this suit and take a bond from the hirer, payable
to the State of MissouriMissouri in the penalty of one thousand dollars,
with such security as he approves, conditioned that the
petitioner shall, during the pendency of this suit have reasonable
liberty of attending his Counsel and the Court, that he shall
not be removed out of the jurisdiction of the County where
the suit is pending, and that he shall not be subjected to any
severity on account of his application for freedom; and further
conditioned that the hirer will pay the hire to the Sheriff
and return the petitioner at the expiration of the term
for which he is hired, or as soon as the action is
determined

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[missing figure]

State of MissouriMissouri
County of St LouisCounty of St Louis
ss.

I StephenStephen Rice, Clerk
of the Circuit CourtCircuit Court within
and for the County and State aforesaid, certify
the foregoing to be a true copy from the
records on file in my office

[missing figure]
In testimony whereof I hereto subscribe
my name and affix the
seal of said Court this 28th day of January A D 1861

StephenStephen Rice Clk

View original image: Page  047
[missing figure]

Louis ChouteauLouis Chouteau
vs
Order to hire
Plaintiff

Gabriel S. ChouteauGabriel S Chouteau

View original image: Page  047
[missing figure]

Mo to reduce bondsustd

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[missing figure]

Louis ChouteauLouis Chouteau
vs
Gabriel S. ChouteauGabriel S Chouteau

In the St LouisCircuit Court
Circuit CourtCircuit Court
September Term 1860
January 28th 1861

It is ordered by the Court that
the Sheriff of St Louis County hire said
plaintiff out to the best advantage,
from time to time, during the pendency
of this suit, and take a bond from the
hirer payable to the State of MissouriMissouri
in the penalty of one thousand dollars,
with such security as he approves, conditioned
that the petitioner shall, during
the pendency of this suit, have reasonable
liberty of attending his counsel and the Court,
that he shall not be removed out of the
jurisdiction of the Court where the suit
is pending, & that he shall not be subjected
to any severity on account of his application
for freedom; and further, conditioned that
the hirer will pay the hire to the Sheriff,
and return the petitioner at the expiration
of the term for which he is hired, or as
soon as the action is determined.

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[missing figure]

Louis ChouteauLouis Chouteau
vs
Gabriel S. ChouteauGabriel S Chouteau

No. 51 April Term 1844
St Louis Circuit CourtCircuit Court
of Costs:

Clk Rice 4.40

Clk Thomkins 2.80

Clk RulandRuland 7.40

Clk 1.00

Judge 3.00

Clk CerreCerre 1.75

Shff 30

Shff 5.30

Shff Belt 1.20

Shff Winer 1.00

Clk WhiteWhite 50

S Larivier 3.50

Pascal CerrePascal Cerre 6.50

Jn 2.30

Jn Marli 2.00

Shff Millburn 8.60

Jailor RodermanRoderman KeepingPlff 918. ( 36 275.40

Jailor LoganLogan 434 ( 30 13.20

Jailor Lagan fee 75

à ¸

Total $ 457.90

The accounts filed & sworn to by RodermanRoderman & for LoganLogan Show that the plaintiff was committed to the Jail June 6, 1857 under ourCircuit CourtCircuit Court , and was

View original image: Page  050
[missing figure]
delivered to Sheriff AndrewsAndrews . (under an order of same Court) February 16, 1861

Schnider Clk

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[missing figure]

Louis ChouteauLouis Chouteau vsGabriel S ChouteauGabriel S Chouteau

Costs

Cal 11.

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[missing figure]

Louis of Color Plaintiff
vs
Gabriel S ChouteauGabriel S Chouteau defendant

In St Louis CircuitCircuit Court
CourtCircuit Court
St Louis County

Parties in above entitled cause
So CharlesCharles Roderman RodermanCharles Roderman Jailor D
inkeep of said Louis in the County sent, committed
bySherriff Castello (under order of Circuit CourtCircuit Court ) on
the 6 June 1857 and delivered to Sheriff AndrewsAndrews
16 Feb 1861 under order of said Circuit CourtCircuit Court
918 days at 3 perday - $ 275.40

View original image: Page  051
[missing figure]

State of MissouriMissouri
County of St LouisCounty of St Louis
ss.

CharlesCharles Roderman RodermanCharles Roderman being duly sworn
says that the above account is Correctly
stated, and that the said amount of $ 275.40 is
justly due and him for Keeping said Louis under
the of Court during the time he said RodermanRoderman was
Jailor of St Louis County.

[missing figure]

Chas. Roderman

Sworn to before me November 30. 1864

J Thornburgh Clk

View original image: Page  052
[missing figure]

C RodermanRoderman

Filed Nov 30. 1864

J Thornburgh Clk

View original image: Page  053
[missing figure]
Louis S ChouteauS Chouteau Plf
agst
Gabriel S ChouteauGabriel S Chouteau Deft

In St LouisCircuit Court
Circuit CourtCircuit Court
Nov 30. 1861

Now at this day comes
the Plaintiff by his atty and moves the
Court to reduce the amount of the Bond
heretofore required, first Because: The
same is excessive in view of the value
of the property, which is not worth
more than four hundred Dollars.

Because; The Sheriff is unable to hire
the Plaintiff upon the terms of the Bond

Because; The Plaintiff is confined in
a dungeon without having committed
any offense, and has simply presented
his petition for his freedom

Louis S ChouteauS Chouteau
By Shreve & Boyer
his attys.

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[missing figure]

Louis S ChouteauS Chouteau
Plf
vs
Gabriel S ChouteauGabriel S Chouteau

Motion to reduce
Amount of Bond

Filed Feby 14 1861

S Rice
Clk

View original image: Page  055
[missing figure]
Louis of colour Plaintiff
vs
Gabriel ChouteauGabriel S Chouteau defendant

In St Louis CircuitCircuit Court
CourtCircuit Court
St Louis County

Parties in above entitled cause

So Robt F. Logan Jailor for
keep of Said Louis in the County Jail Committed by
Sheriff Castello (under order of Circuit CourtCircuit Court ) on 6th June
1857 and delivered to Sheriff AndrewsAndrews 16th Feby 1861 under
order of saidCircuit CourtCircuit Court

Being 434 days at 30 per day $ 130,20

fee 75

$ 730,95

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[missing figure]

County of St LouisCounty of St Louis ss.

J Louis being duly sworn
says that during the time in the
above account he was DeputyJailor
for R F Logan, that said account is
correctlystated and that the saidamount
of $ 130.95 is justly due and owing to said
LoganLogan for keeping said Louis under the order
of Court during the time[ he ] said Rob Logan
was Jailor of St Louis County.

[missing figure]

Sworn to before me November 30th 1864

J. ThornbyClk

J.L.

View original image: Page  056
[missing figure]

R F Logan

Filed Nov 30. 1864

J. ThornbyClk

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[missing figure]

Louis
vs
Gabriel S. ChouteauGabriel S Chouteau

No 57.

April Term 1844
of the St Louis Circuit CourtCircuit Court

The said defendant Gabriel S. ChouteauGabriel S Chouteau
moves the Court here to retax the costs in
this cause, and to disallow the following items
thereof that is to pay.

1st The costs taxed in favor of Clerk Rice, $ 4.40
for the reason that the said cause was not on the
docket while the said Rice was Clerk.

2d. The costs taxed in favor of the several witnesses
Lariere, Cerre, Fontain and Marle- for the reason
that said witnesses were never summoned in this
Cause in that of CharlotteCharlotte v ChouteauChouteau
in which cause their allowance was charged
and has been paid

3. The costs taxed in favor of Jailor RodermanRoderman Sheriff of Malbourn for
the reason that the services charged for were
not incurred by the request of defendant or by
virtue of any rightful or lawful authority

4. The costs taxed in favor of Jailor LoganLogan - for the
reason that the same were not incurred at the
request of Defendant or in pursuance of any lawful
or rightful authority.

5. The costs taxed in favor of [ turnkey ]- for the reason
that the same was not incurred by any rightful or
lawful authority.

And defendant files herewith an abstract
of the bill of costs.

Thos J. Gantt p.d.

View original image: Page  058
[missing figure]

Louis
v
ChouteauChouteau

Motion to retax
costs.

Filed Dec 27th 1864

F A HSchnider
Clk

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[missing figure]
Louis
vs
G. S. ChouteauS Chouteau

Be it remembered that on the coming on
to be heard of the motion to relaxcosts in
this cause, the defendant showed to the
Court here all the orders that had been made in the
cause respecting the living of the plaintiff and all
the motions made by either party respecting the same
in the words & figures following. (here set them out)
and the defendant also read the following accounts
and affidavits by RodermanRoderman R F. Logan JLMunch- in
the words & figures following (here set them out)
and it was shown that upon these accounts and affidavits
and no other testimony the clerk had
taxed the said items of $ 130 and $ 275.40, and this
was all the testimony in the cause. The Court overruled
the motion of plain Defendant to retax the said costs.
And the defendant excepted thereto at the time & presented
his bill of exceptions of it he signed&
made part of the record, which is done.

JamesJames C
Judge

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[missing figure]

Filed Feby 4th 1865

J A H SpaldingSpalding
Clk

View original image: Page  061
[missing figure]

Louis
vs
ChouteauChouteau

Motion to stay costs
overruled

View original image: Page  062
[missing figure]

This cause above by agreement
of parties the cause of CharlotteCharlotte
agst ChouteauChouteau final judgment
therein& having been rendered
for the pltff his owned adjudged
H What this
cause be rendered for pltff upon
the issues and that the go hence
dey and that he also
of the defendant for
the damages to him
the sum of one cent and
cents

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[missing figure]


Chas
& Richman,

[missing figure]
View original image: Page  064
[missing figure]

To Hon. Saml Breckenridge
Judge Circuit CourtCircuit Court St LouisSt Louis

Having received application for hire
of negro manLouis ChouteauLouis Chouteau from
MrsBrethristh at one Dollar per month
Bond of $ 500. I respectfully
request the Bond may be so conditioned

John H AndrewsShff
Theodore Labeaume Dty

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[missing figure]

now at this daycause
now at this day cause the by

R Gamble

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[missing figure]

101499

650222

385959

264267

5111499

660222

485955

174267

173440

823

10 3

348855

6 10 6 3

4 8 5 9 5 5

6 3

6 10

3 8 5 9 5 5

6 8

18

9321

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[missing figure]
Louis ChouteauLouis Chouteau
vs
Gabriel S. ChouteauGabriel S Chouteau

In St Louis CircuitCircuit Court
CourtCircuit Court
State of MissouriMissouri
County of St LouisCounty of St Louis
Sct

Be it remembered,
that Edward J Castello being duly sworn
on his oath says, that on the 6th day of June 1857, James CastelloJames Castello was Sheriff
of the County of St LouisCounty of St Louis, & that affiant was
deputy Sheriff, that as deputy Sheriff aforesaid
affiant executed a warrant, issued by
A. HamiltonAlexander Hamilton Judge of this Court, on the day &
year aforesaid, & placed the negro Louis, the plaintiff in this suit, for safe keeping in
jail on the day & year aforesaid, & on the
8th day of June 1857 affiant brought the
body of said plaintiff Louis. before Judge
HamiltonHamilton according to the order of said warrant
on which 8th day of June 1857, said
Judge ordered the Sheriff to hire out the
plaintiff, as his right to his freedom was
not settled on the suit he had brought for
his freedom against Gabriel S. ChouteauGabriel S Chouteau
that the affiant & the there Sheriff endeavored
to hire out said plaintiff but received no
offer on account of the bond required by law
to be given & affiant further says that he
knows not what had become of said order
to hire out said plaintiff, but thinks

View original image: Page  067
[missing figure]

that said order must have been left
with the jailor of the County of St. LouisCounty of St Louis
the said plaintiff was last placed
in the hands of said jailor, by said affiant
as deputy Sheriff aforesaid.

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[missing figure]

In St. Louis Circuit CourtCircuit Court

Louis ChouteauLouis Chouteau
vs
Gabriel S. ChouteauGabriel S Chouteau

Affidavit of E.J.Castello

View original image: Page  068
[missing figure]
Louis ChouteauLouis Chouteau
vs
Gabriel S. ChouteauGabriel S Chouteau

In St. Louis CircuitCircuit Court
CourtCircuit Court

And now comes the said
plaintiff & moves the Court to set aside the
judgment of non-suit rendered in this Cause,
& reinstate the suit upon the docket, for
the following reasons -

In Because, by agreement of Counsel
of record on file in this Court in this case
& in the cases of PierrePierre vs Chouteau & Charlotte
vsChouteauChouteau , it was, among other things agreed,
that the suit of Louis v ChouteauChouteau , should
abide by the final decision of the SupremeSupreme Court of Missouri
Court of MissouriSupreme Court of Missouri on the merits of the case
of PierrePierre vsChouteauChouteau or of CharlotteCharlotte vsChouteauChouteau ;
while at the same time it appears from the
records of this Court that PierrePierre was removed
from the jurisdiction of this Court, before
his case was finally determined on its merits;
& while also it appears from the records of
this Court, that on the last trial of the suit
of CharlotteCharlotte vsChouteauChouteau , judgment was rendered
for the plaintiff, & that on appeal by the
defendant final judgment has not yet
been rendered in said last mentioned case
by the Supreme CourtSupreme Court .

2d. Because, by agreement of Counsel of
record on file in this Court, controlling this
case, together with the record history
of the other suits of PierrePierre vs Chouteau &
Charlotte vsChouteauChouteau , the judgment of nonsuit

View original image: Page  069
[missing figure]

in this case, is palpablynull & void, as a
manifest clerical error.

3d Because by warrant issued by the
Judge of this Court, dated 6th June 1857
to prevent the plaintiff in this suit
from bring removed out of the jurisdiction
of this Court, by B.M.Lynch, or other person.
Said Lynch was summoned & the body of plaintiff
was brought before the Judge of this
Court on the 8th day of June 1857 by the
Sheriff of St Louis County, the said plaintiff
having been committed on the 6th day of June 1857 by the Sheriff to the County Jail,
for safe keeping, where said plaintiff is
now kept by virtue of said commitment
of said Sheriff.

4th Because from the facts in this
case, on record it is plainly understood by
both the plaintiff & defendant, as well as
agreed by the counsel of record in the case
that this suit should stand & abide by
the final decision, on the merits of the
case of CharlotteCharlotte vsChouteauChouteau which is
now pending in the Supreme CourtSupreme Court ,

5th Because the judgment of nonsuit
must have been rendered without the
knowledge of the attorneys of record in
the case & without examination by
the Court of the agreement of counsel
of record in this case

HenryHenry CobbCobb
for Plff

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[missing figure]

In the St Louis Circuit CourtCircuit Court
Nov. Term A,D, 1843

State of MissouriMissouri
County of St LouisCounty of St Louis Louis

LouisCounty of St Louis LouisChouteauChouteau complains
of Gabriel S. ChouteauGabriel S Chouteau , of a plea of trespass,
For that the said defendant on the first day of May A.D. 1843 with force & arms & C. an
assault did make &C. to wit at the County aforesaid
upon the said plaintiff & then & there
beat bruised & illtreated him the said plaintiff
& then & there imprisoned him the said plaintiff,
& detained him in prison there, without any
reason or probable cause whatsoever, for
a long time to wit, for the space of two
hours, there next following, contrary, to
the Laws of the State & against the will
of the said plaintiff,

And the said plaintiff avers that before
& at the time of the committing of the
above grievances to wit at the county aforesaid he the said plaintiff
was, and still is, a free person & that
the defendant held & still holds him in slavery,

And other wrongs to the said plaintiff then
& there did, to the great damage of the said
plaintiff, & against the peace & dignity of the State
Wherefore, the said plaintiff saiththat
he is injured and hath sustained damage
to the amount of eight hundred dollars
and therefore he his suit & C.

& CobbCobb
atty for plaintiff

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In the Circuit CourtCircuit Court
Nov Term 1843

Louis ChouteauLouis Chouteau
vs
Gabriel S ChouteauGabriel S Chouteau

[ Declaration ] in [ Trespass ]

Damages $ 800