The petition of Cloe Ann SmithCloe Ann Smith , a woman
of color respectfully represents, that she is held
as a slave in the county aforesaid by one D. Franklin
Knox, who claims her as his property - but petitioner
belives that she is entitled to freedom, and states
as her ground to freedom, the following facts - that
in the year eighteen hundred and forty two, then being
the property of said KnoxKnox , she was taken from the
City of St LouisCity of St Louis in the County aforesaid, by the wife of said
KnoxKnox , with his knowledge and consent to the county
of Huron in the state of OhioOhio, and then kept and
detained to service and labor as a slave from the
month of June of that year until the succeeding month
of September, when she was again brought back
to the county of St LouisSt Louis aforesaid. Petition states that
such a holding of petitioner as aforesaid in slavery
in the state of OhioOhio, by operation of the Ordinance of
Congress of the year seventeen hundred and eighty seven for the government of the territories North West
of the OhioOhioriver, and also by force of the constitution
and laws of the state of OhioOhio, emancipated petitioner
from a state of freedom slavery. She therefore prays your this
honorable court for leave to sue as a poor person
in order to establish her right to freedom.

Petitioner further says that said KnoxKnox is about
to sell her, so as to carry her out of the jurisdiction
of this court, and she therefore prays, that a warrant
may be issued and such proceedings had, as is directed
by the act entitled ``cca act to unable person held
in slavery to sue for this freedom'' and she will pray de.

Cloe Ann SmithCloe Ann Smith being duly
sworn says that the facts set forth in the forgo-
ing petition are true.

First, that said Cloe Ann SmithCloe Ann Smith be allowed to sue as
a poor person, to establish her right to freedom, and the
Court assigns as her counsel filed & MurdochMurdoch
Second. that said Cloe Ann smith have reasonable
liberty to attend her counsel and the court as occasion
may require; that she be not removed out of the jurisdic-
tion of the Court, and that she be not subjected to any severity
on account of her application for freedom.

Cloe Ann SmithCloe Ann Smith , a woman of Color, complains
of Franklin KnoxFranklin Knox , of a plea of trespass, for that
the said defendant on the eighth day of September eighteen hundred and forty four, with force and arms
&c made on an assault upon the said plaintiff, to
wit at St. LouisSt Louis in the County aforesaid and then and
there beat, bruised and ill treated her,, the said
plaintiff and then and there imprisoned her, the
said plaintiff 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
twenty four hours then next following, contrary
to the laws of said state and against the will
of the said plaintiff. And the said plaintiff
avers, that before and at the time of the commit-

ting of the said grievances, she was and still is
a free person, and that the defendant held and
still holds her in slavery - To the plaintiffs
damage ten dollars and therefore she brings
suit.

CloeCloe Smith Ann SmithCloe Smith
of color
vs
Franklin KnoxFranklin Knox

Trespass in false imprt
suit for freedom.

No Circuit returnable
Tuesday morning
at 9 o'clock 10 Sept 1844

petition filed & order made 15 p 220

We command you to summon FranklinFranklin Knox KnoxFranklin Knox 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
CloeCloe Smith Ann SmithCloe Smith of a plea of trespass in
false imprisonment
to the damage of said plaintiff ten
dollars: And have you then there this writ.

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

Petition filed Shff ordered to hire out leave to sueas a poorpersongranted15p 226. plea filed 15p 290
petitionfor change of venue filed & applicationoverruled17p 59
nonsuitJany 30, 1846 & Mo to set same aside& certifycause toCommon Pleas17p67
nonsuitset aside by consent17 p 145,nonsuit May 7 184617p 248

CloeCloe Smith Ann SmithCloe Smith of Color
vs
112 p 44

Summons

Field & Murdoch p. q..
It is ordered by the Court that the said
CloeCloe Smith Ann SmithCloe Smith be allowed to sue as a
poorperson to establish her right to freedom the Court assign Field & Murdoch
as her counsel, 2nd that the said CloeCloe Smith
AnnSmithCloe Smith have reasonable liberty to
attend 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

Executed this writ in the county of LouisianaLouisiana
on this11 of September1844, by [ offerring ] to read
it theannexedpetitionFranklinFranklin Knox KnoxFranklin Knox the
within named defendant which
herefusedtohear and by
to the saidpetitionaplea
by reading to him the said FranklinFranklin Knox
KnoxFranklin Knox the order of the courtandonce
on this writ

You are hereby commanded to seize Cloe Ann SmithCloe Ann Smith , a person of col-
or, in whose possession soever she be found; that you have her before the
Judge of our St Louis Circuit CourtCircuit Court , on the tenth day of September, Eight-een hundred and forty-four, and also that you Summon FranklinFranklin Knox
KnoxFranklin Knox , if he be found in your County, or any other person in whose
possession the said Cloe Ann SmithCloe Ann Smith may be found, to appear at the
time and place, and before the Judge aforesaid.

Summoned Franklin KnoxFranklin Knox in the County of SaintCounty of Saint Louis
LouisCounty of Saint Louis this 11th of September 1844 to appear before the
Judge of the Saint Louis Circuit CourtCircuit Court at 12 Oclock of today

Cloe Ann SmithCloe Ann Smith
vs
Franklin KnoxFranklin Knox

Executed this com
mand in the CountyCounty of Saint Louis
of Saint LouisCounty of Saint Louis this
10th day of September 1844 by Seizing the
Within namedCloeCloe Smith AnnSmithCloe Smith and placing her in the
Custody of the Jailer
of Saint LouisSt Louis Coun
ty - with whom
she is left for safe
keeping until called
for by

And the said defendant by T.
Knox his attorney comes and defends the force and
injury when &c and says that he is not guilty of
the said supposed Trespass above said to his charge
or any or either of them or any part thereof, in manner
and form as the said plaintiff hath above thereof complained
against him, And of this he said defendant puts himself
upon the county &c.

Chloe A. Smith
vs
Franklin KnoxFranklin Knox

Plea
Not Guilty

The petition of CloeCloe Smith AnnSmithCloe Smith ,
respectfully states, that there is now defending
in said Court, a suit in trespass in
false imprisonment, wherein this petitioner
is plaintiff and one Franklin KnoxFranklin Knox is
defandant: That she has just cause to
believe that shecannot have a fair trial
in saidcourt because as this affiantbelieves
the judge of the said court is prejudiced against
the said plaintiffs right to recovershe therefore
prays your honor to grant her a change of
venue.

CloeCloe Smith Ann SmithCloe Smith being
sworn says that sheverilybelieves the facts
set forth in the forgoing petition aretrue, and
that she has just cause to believe that she
cannot havea fair trial on account of
the causealleged

Cloe Ann SmithCloe Ann Smith
vs
Franklin KnoxFranklin Knox

Petition for change
of venue.

The plaintiffs counsel
come into court
and move the
St Louis Circuit CourtCircuit Court
to set aside the
non suit in this case
entered for the following
reasons, and to certify the same
to the court of Common Pleas St LouisSt LouisCo.;

1. Because the plaintiff has filed in
this case a petition as provided for by statute
for a change of venue

2. The Court erred in overruling said petition

3. Because the court had no jurisdiction
in this case after the filing of said
petition duly sworn to, the statute
making it upon the court to
certify the case to another tribunal

CloeCloe Smith Ann SmithCloe Smith
vs
Franklin KnoxFranklin Knox

Motion & reasons
to set aside non suit,
and to certify the case
to the court of Com. Pleas.