To the Hon Circuit CourtCircuit Court for the County of Saint LouisCounty of Saint Louis:
The petition of JamesJames a free person of colour aged about
nine years humbly represents that he was born free the child of MarthaMartha Ann
AnnMartha Ann a woman of colour entitled to freedom but in fact held
in slavery by SarahSarah Young : that after the decease of said
SarahSarah Young, your petitioner along with his mother said
Martha AnnMartha Ann was held in slavery by Hiram CordellHiram Cordell
Administrator of the Estate of said SarahSarah Young and yet is
held in slavery by the said Hiram CordellHiram Cordell : and the said
Martha AnnMartha Ann has presented her petition to this Court
for leave to sue said CordellCordell for her freedom and in said
petition has set forth the grounds upon which she is entitled
to her freedom, and your petitioner begs have to refer to
said petition of Martha AnnMartha Ann â prays that so much
as sets forth her title to freedom may be taken as
part of this petition: and your petitioner humbly prays
that he may be permitted to sue said CordellCordell for the
recovery of his freedom by judgement of law, and may
present such suit as a poor person and have counsel
assigned him by the Court â have reasonable liberty
of attending his counsel and the Court, and further that
all persons claiming under said CordellCordell â the said
CordellCordell himself be restrained by the order of the court
from removing your petitioner out of the jurisdiction
of this Court â so will ever pray âc

The mark X of JamesJames
by his Mother Martha AnnMartha Ann

Saint LouisSt Louis ss. Martha AnnMartha Ann the mother of the above named JamesJames the petitioner
makes oath and says that the facts set forth in the foregoing petition
are true.

The mark of XMartha AnnMartha Ann

Subscribed â Sworn in open court this
18th day of April AD 1844 â before me

No. 8. Nov. T. 1844

JamesJames a Free Black
vs
Hiram CordellHiram Cordell

Petition to sue for
freedom &c

Petition filed order Bk 15 p 5.

James, a person of colour, who by leave of the Court
first had and obtained brings this suit as a poor person, by Field his counsel assigned by the Court for this purpose, complains
of HiramHiram Cordell CordellHiram Cordell in a plea of Trespass, for that the said JamesJames
before and at the time of the committing of the greivances hereinafter
mentioned, was and yet is a free person, and the said HiramHiram Cordell
CordellHiram Cordell on the 1st day of January now last pastwith force and
arms at Saint LouisSt Louis aforesaid in and upon the plaintiff
did make an assault â then â there did imprison the
platinfiff â kept and detained him in prison for a long
space of time to wit for one month then next ensuing,
and then and there held â ever since has held â still holds
in slavery the said plaintiff and other wrongs to the plaintiff
then â there did against the peace, and to the great
damage of the plaintiff, and for the recovery of his freedom
the plaintiff brings suit &c

James, coloured person vsHiram CordellHiram Cordell
Suit for freedom
in forma pauperis

Let summons [ insue ]

We command you to Summon HiramHiram Cordell CordellHiram Cordell 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 November next, then and there to answer unto
JamesJames Coloured person of his petition for
freedom.
to the damage of said plaintiff
dollars: And have you then there this writ.

I acknowledge myself bound for all costs that may accrue in the above cause.

Petition filed â usual order Bk 15 p 5. Default â Judgt for freedom â costs Nov. 25th 184415 p 325
Mo. â afft to set asidejudgt by default " 16 p9. Mooverruled16 p 65

JamesJames a person of Color
vs
x HiramHiram Cordell CordellHiram Cordell

Summons

Petition for freedom (Trespass)

Field p.q.

Filed April 18th 1844

John RulandJohn Ruland Clerk

It is ordered that the Petitioner have leave to sue as a
poor person â the Court assignes R. M. Field Esq. as his
counsel: â it is further orderd that said Petitioner have
reasonable liberty to attend his counsel â the Court, as
occasion may require; that he be not subjected to
any severity on account of his application for freedom,
and that he be not removed without this jurisdic-
tion of this Court.

a copy
attest:

Executed this writ in the CountyCounty of St Louis
of St LouisCounty of St Louis on the 19th day of September 1844 by reading it and the declaration to
HiramHiram Cordell CordellHiram Cordell , the defendant, and by
reading to the said HiramHiram Cordell CordellHiram Cordell , the
orders of the Judge, endorsed upon this
writ

Fees $ 2.00

Hiram CordellHiram Cordell
the defendant in this action makes oath
and saith that MarthaMartha Ann AnnMartha Ann a person of
colour instituted a suit in this Court
against this affiant for her freedom;
and that the process in the case of MarthaMartha Ann
AnnMartha Ann and of this plaintiff were
served at the same time and as MarthaMartha Ann
AnnMartha Ann was the mother of this plaintiff
affiant believed that there was but one
suit. Under this impression he employed
counsel in the case of MarthaMartha Ann AnnMartha Ann
but omitted to mention to his counsel the
fact that JamesJames had brought suit; supposing
that the defence in one case would
be a defence in both. This mistake was
not discovered until he was called upon
by the sheriff for the cost accruing
upon the judgement by Default.

Being the administrator of the late
owner of the plaintiff he knows nothing
of the merits of the claim.

Sworn to â subcribed before me
this 24th Decr 1844.

John RulandJohn Ruland Clk StSt Louis LouisSt LouisCt
by Walter W Blair Deputy Clk

JamesJames a person of Colour
vs
Hiram CordellHiram Cordell

affidavit

The defendant in this cause moves to
Set aside the judgment entered by this
Court on the 25th day of November 1844
for the following reasons to wit.

The Mother of the present plaintiff commenced
suit in this Court against the defendant
for her freedom; and the process in both
cases was served at the same time. The
defendant supposing that there was but
one Suit [ imployed ] Counsel in the case
of the Mother Supposing and believing that
the defence in that casewould be a defence
to both.

2nd Because the judgement is irregular
in this; that it is a "final judgement
of liberation upon default without proof
of the plaintiffs right to freedom, as required
by Statute

JamesJames person of Colour
vs
HiramHiram Cordell CordellHiram Cordell

Motion to set aside
judgment
by Default

Be it remembered that judgement by default
was taken against the defendant in
this cause at the present Term for want of
appearance- And the defendant having filed
his affidavit which was mislaid by the Clerk
the following is agreed to be the substance
thereof by the Counsel for the parties, To wit
that at the time of the service of the summons
in this case a summons was also served
upon the defendant in behalf of the mother
of the Defendant plaintiff who was also
suing for her freedom; and the defendant
believing that they werebothsuing in the
same action [ imployed ] Counsel to defend
in the case of the mother only- That defendant
Could not make affidavit that there
was a good defence on the merits because
the plaintiff is in the defendants possession as
administrator- and that the grounds upon
which the plaintiff claims his freedom have relation
to facts which are alleged to have occurred
long before the death of the intstate â not
without the defendants knowledge
The Defendant moved to setaside the
judgement by default upon the grounds
disclosed as agreed upon in the affidavit

and upon the further ground that the
judgment was irregular in this that it
was a final judgement of liberation rendered
by default without the introduction of
any testimony except the facts stated in his petition
on the part of the plaintiff except the facts stated in his petition.

The Court upon hearing of argument
having overruled the defendants motion
the defendant by his counsel excepts to
the judgement of the Court in overruling said
motion and tenders this his Bill of exceptions
and prays that it may be signed and sealed by
the Court &c.

JamesJames a person of Colour
vs
Hiram CordellHiram Cordell

Bill of
Exceptions