IshamShaw
AlexanderAugustus
HH Evans . EvansH Evans
Petition for freedom

leave to sue as poor person

Plaintiff states that he is
entitled to his freedom; that he was born in
the City of St LouisSt Louis & State of MissouriMissouri and
was born free; that the defendant AugustusAugustus
H. EvansH Evans holds him unlawfully in slavery.

He prays, therefore, that this Honorable
Court by a suitable decree will release him
from the servitude aforesaid and set him free
and he prays that he be allowed to sue as a
poorperson, and that this Court will make an
order on the said AugustusAugustus H. EvansH Evans , that the
plaintiff have reasonable liberty to attend his
Counsel and this Court, as occasion may require
that he, the plaintiff be not removed out of
the juridiction of this Court, and that he, the plain
tiff be not subject to any severity on account
of this his application for freedom: and that this
Honorable Court will grant unto him such other
and further relief as unto the Court may seem right
& proper.

John JacksonJackson agent of the plaintiff makes
oath that the matters and things contained in the above
petition as therein stated, he believes to be true.

Petition for Freedom.
Now comes the plaintiff by his
attorney and files a petition for
freedom, and the Court being of opinion that the said pe
tition contains sufficient matter to authorize the commencement
of a suit, doth order that said petitioner be allowed to sue as
a poor person, and that he have reasonable liberty to attend
his Counsel and the Court as occasion may require and that
he be not removed out of the jurisdiction of this Court, and be
not subjected to any severity on account of his application
for freedom.

I, StephenStephen Rice, Clerk of the St. LouisCircuit Court
Circuit CourtCircuit Court, within and for the
County aforesaid certify that the foregoing is a true and
correct copy of the order in the above entitled cause as fully
as the same remains of record in my office.

We command you to summon
AugustusAugustus HH Evans EvansH Evans
to appear
before the Judge of our Circuit CourtCircuit Court , on the first day of the next Term thereof, to be
held in the City of St. LouisCity of St Louis, within and for the County of St. LouisCounty of St Louis, on the
first Monday of February next, then and there to answer the
complaint of
IshamShawShaw
as set forth in the annexed petition: and have you then there and this writ.

I acknowledge myself bound for all costs that may accrue in the case of Isham
ShawShaw against A H EvansH Evans
Witness my hand and seal, at St. LouisSt Louis, this 21 day of Jany 1860

Feby T '60 agreement filed JnoJacksonJackson apptd next friend & guardian ad litemaccep
tance29 p 316 Contd on afft pltffs costs 30p 57 Contd on afft 30p 323
Contd by consent 30p 598. Leave to file and pet 31 p 59. Mo to strike out
amended& cause contd 31p 386. Sept T 1862 Continued for want of
evidence of 31p 508. Feby 13 1863 Compulsory nonsuit

Isham ShawShaw by
JnoJacksonJackson next friend & guardian
ad litem

AugustusAugustus HH Evans .EvansH Evans

Petforfreedom

Executed this Writ in the County of St LouisCounty of St Louis
on the 21 Day of January 1860 By delivering a copy
of this Writ and petition as furnished By the Clerk
to AugustusAugustus HH Evans EvansH Evans the Defendant

Do. No. 457

It is agreed between the at
torneys for the plaintiff and defendant in the
above entitled cases, that John JacksonJackson shall
now be entered as the guardianad litem and
next friend of the plaintiff in each case, and
the cases shall proceed, in all respects, as though
the said John JacksonJackson had been appointed by
the Court at the Commencement of the suits and
had accepted said trust, and the same had been
brought in his name as next friend of said plain

tiffs:

And I, John JacksonJackson do now appear and
accept the above named trust and agree for my
name to be used according to the above agreement.

Filed Feby 8 1860

S. Rice Clk

In case 456 & 457 - ShawShaw v EvansEvans & Same
vs same, agreement of Counsel filed and John
JacksonJackson appointed next friend &guardianad
litem for plaintiffs, and said JacksonJackson files his
written acceptance of said appointment.

IshamShawShaw
vs
AugustusAugustus HH Evans EvansH Evans

Answer of
defendant

Defendant for answer to the
petition of plaintiff states & says as follows.

He denies that plaintiff is entitle to his
freedom - He denies that plaintiff was born
free. He admits that plaintiff was born
free. He admits that plaintiff was born
in the City of St LouisCity of St Louis but states and
avers that defendant at the time of his birth owned the mother
of plaintiff as his slave, and that
said plaintiff was born, while his
mother was the slave of defendant.
-that he never set the defendant free
and that he said plaintiff now is & has
always been his property a slave. He states
that the mother of plaintiff run him
off out of this state several years ago
and pretended that he said plaintiff was
dead and that so as he knew of
plaintiff's return to this state he
caused him to be apprehended as
his slave and lodged in jail for
safe keeping and while in jail the plaintiff
obtained leave to bring this suit. Defendant
asks to be hence discharged & C.

duly sworn states that the being foregoing
Petition and the matters therein as
stated he believes to be true

You are hereby commanded, that, setting aside all manner of excuse and delay, you
appear before our St. Louis Circuit CourtCircuit Court, at the City of St. LouisCity of St Louis, on the
9th day of may AD 1860 then
and there to testify, and the truth to say in a certain cause pending in said Court,
wherein Shaw & Shaw are plaintiffs and AugustusAugustus H. EvansH Evans is
defendant on the part of the plaintiff
and herein you are in no wise to fail.

ShawShaw
v
AugustusAugustus H. EvansH Evans

Wit: for Plaintiff:
in 456 & 457 of
Returns to this Term :

Served, T.E. Courtenay

You are hereby commanded, that, setting aside all manner of excuse and delay, you
appear before our St. Louis Circuit CourtCircuit Court, at the City of St. LouisCity of St Louis, on the
9th day of May AD 1860 then
and there to testify, and the truth to say in a certain cause pending in said Court,
wherein Shaw & Shaw are plaintiffs and AugustusAugustus H. EvansH Evans is
defendant on the part of the plaintiff
and herein you are in no wise to fail.

ShawShaw
vs
Augusten H. EvansH Evans

Wit on Plaintiff,
for 456 & 457 of
Returns to this Term :

Served, T. E.Courtenay
Sheriff

You are hereby commanded, that, setting aside all manner of excuse and delay, you
appear before oru St. Louis Circuit CourtCircuit Court, at the City of St. LouisCity of St Louis, on the
9th day of may AD 1860 then
and there to testify, and the truth to say in a certain cause pending in said Court,
wherein ShawShaw is plaintiffs and AugustusAugustus H. EvansH Evans is
defendant on the part of the plaintiff
and herein you are in no wise to fail.

Served, T. E.Courtenay
Sheriff

ShawShaw
v
AugustusAugustus H. EvansH Evans

Wit for Plaintiff,
for 456 & 457 of
Returns to this Term :

Do
Do.

Now comes the said next friend to wit,
John JacksonJackson as agent of the plaintiff in each of the
above entitled causes, and being duly sworn
on his oath says, that he has the
entire management of said cases to C.C.
CarrollCarroll Esq; that there are many facts
with said cases of a Kind which it
would take a long time to explain to any other at
torney, and that in as much as the said casesare
set for trial in the 8Cirt, he is certain the
intersets of the plaintiffs in said causes would
be greatly if any other attorney
s have & try said causes without having reasonable time
to prepare for the trail of them: this affiant is
informed & believes that said CarrollCarroll is expected to be absent
from the City on the day said causes are set
for trial, on a sudden call of Judicial
duty- This affiant therefore prays the

Honorable Court to continue the
said Causes to the next Term of Court, or to
some other day in this CurrentTerm:

IshamShawShaw by
next friend
vs
Aug.H. EvansH Evans

Affidavit of next
friend

You are hereby commanded, that, setting aside all manner of excuse and delay, you
appear before our St. Louis Circuit CourtCircuit Court, at the City of St. LouisCity of St Louis, on the
10th day of April 1861 then
and there to testify, and the truth to say in a certain cause pending in said Court,
wherein Isham ShawShaw &c is plaintiff and AugustusAugustus H. EvansH Evans is
defendant on the part of the Defendant
and herein you are in no wise to fail.

Executed April 10th 1861

ShawShaw &c
vs
EvansEvans
-
Defts Witnesses

Received April 9th at 11 O ClockAM

You are hereby commanded, that, setting aside all manner of excuse and delay, you
appear before our St. Louis Circuit CourtCircuit Court, at the City of St. LouisCity of St Louis, on the
10th day of April 1861 then
and there to testify, and the truth to say in a certain cause pending in said Court,
wherein Isham ShawShaw by next friend, is plaintiff and AugustusAugustus H. EvansH Evans is
defendant on the part of the Defendant
and herein you are in no wise to fail.

Executed April 10th 1861

ShawShaw & C
vs
EvansEvans

Defts. Witnesses
John Newcomb
( & Olive)
CrawfordCrawford Duvall DuvallCrawford Duvall
Dr WmWilliam Lane Martin CarrCarr LaneWilliam Lane Martin ,
MartinWilliam Lane Martin Steitz

25 City Market Butcher

Received April 9th at 11 O clock
A.M

You are hereby commanded, that, setting aside all manner of excuse and delay, you
appear before our St. Louis Circuit CourtCircuit Court, at the City of St. LouisCity of St Louis, on the
10th day of April 1861 then
and there to testify, and the truth to say in a certain cause pending in said Court,
wherein Isham ShawShaw &c is plaintiff and AugustusAugustus H. EvansH Evans is
defendant on the part of the Defendant
and herein you are in no wise to fail.

Executed April 10th 1861

ShawShaw &c
vs
Evans

Deft's Witness

Received April 9th
at 11 O clock
A.M

You are hereby commanded, that, setting aside all manner of excuse and delay, you
appear before our St. Louis Circuit CourtCircuit Court, at the City of St. LouisCity of St Louis, on the
10th day of April 1861 then
and there to testify, and the truth to say in a certain cause pending in said Court,
wherein Julia ShawJulia Shaw &c is plaintiff and AugustusAugustus H. EvansH Evans is
defendant on the part of the Defendant
and herein you are in no wise to fail.

Executed April 10th 1861

ShawShaw &c
vs
EvansEvans

Defts. Witnesses

Received April 9th
at 11 O Clock
A.M

Produce dealer at
FrederickFrederick House

IshamShawShaw .
agst.
AugustusAugustus HH Evans EvansH Evans
-
Amended
-
service of copy
or

And now comesAugustusAugustus HH Evans .
EvansH Evans , the above named defendant,
and, by leave of the Court here first
had, files this his recorded Answer
to the plaintiffs Petition and states
that he denies that IshamShawShaw ,
the above named plaintiff, is en
titled to his freedom, and that
defendant unlawfully holds said
plaintiff in slavery. Defendant
or dunits that said plaintiff was
born in the City of Saint LouisSt Louis,
but denies that said plaintiff
was born free.

Defendant for further answer
avers and states that defendant
at the time of the birth of the
plaintiff held and owned the
mother of the plaintiff as his slave;
that some years ago the said
mother of the plaintiff removed
said plaintiff, or caused him to
be removed, out of this state and

represented or pretended to defendant
that plaintiff was dead; that so
soon as the return of plaintiff to this state
came to the Knowledge of the
defendant, defendant caused
him to be apprehended and
lodged in jail as his, defendants,
slave and soon thereafter, that
is to say, on or about the Ninth day of June in the year 1859,
without notice that said plaintiff claimed to be free defendant sold and delivered
said plaintiff as a slave to me
Alexander Williams and that
plaintiff is now the property of the
said Williams.

AugustusAugustus H. EvansH Evans , the above
named defendant, makes oath
and says that the aforegoing
and the matters therein, as stated,
he believes to be time.

456
In the St LouisCircuit Court
Circuit CourtCircuit Court :

Now comes the plaintiff
in each of the above entitled cases, &
moves the Court to strike out the
Amended Answers filed
in said cases, for the reasons, that
Amended Answers set up a defence in
consistent with the original answers
filed in said cases& make new and
different issues in saidcases

Isham ShawShaw &c
Augustus H EvansH Evans
&
Julia Shaw
v
Same

Motion to strike
out the Amended
Answers filed in
said case

C.C. CarrollCarroll , Attorney
for Isham ShawShaw and Julia ShawJulia Shaw , being
duly sworn, on his oath says that he is in
formed and believes, that they Alexander Williams
refered to in the Amended Answer filed
by defendant in the cases of Isham ShawShaw v.
AugustusAugustus H. EvansH Evans , and Julia ShawJulia Shaw v the
same,, Which cases are now pending in the
S. LouisS LouisCircuit CourtCircuit Court , is not a resident
of this State.

Isham ShawShaw
v
Augustus H. EvansH Evans
&
Julia Shaw
v
Same

Affidavit of
non-residence of
Alexander Williams

Committed by Sheriff CerreCerre for Safe
KeepingJune 9th 1859
Delivered to Sheriff CerreCerre Sep 6th 1859.
being 90 days at 30¢ per day
$ 27.00.

State.
vs
JuliaJulia Ann (Negro)

Committed by Sheriff CerreCerre for safe
Keeping June 9th 1859.
Delivered to MrLutherLuther by Order of
Sheriff CerreCerre June 20th 1859
being 12 days at 30¢ per day $ 3.60

$ 30.60

14.

50.50

15.25

65.75

57.50

8.25

47.50

5.00

$ 52.20

14.00

66.50

5.00

71.50

52.50

5.00

57.50

Geo McPhetridge

Jas Bray

J P Casselly

W Duly

Wm Schaffer

Fredk Peters

R. McLane

AndrewAndrew Collins

J Rowen

P Helgenburg

Edw Haren Sr

A J Noble

Refused

If at the time of the execution of the Bill
of Sale read in evidence Isham and
July Ann were Confined in the Jail
of St Louis County as runaway slaves
and if it was part of the of
Sale, that the defendant should
Cause said slaves to be delivered
to the plaintiff on his application
for them to the said Jailor at said
Jail and if the plaintiff on the
day of the sale made application
accordingly to said Jailor at said
Jail, who refused to deliver them
because he had been notified
of the intention of the said Isham
and July Ann, to apply to the
Judge of the St Louis Circuit CourtCircuit Court
for Leave to sue for their freedom
and such application was made
and Leave granted and noslaves
ordered to be hired out, the
plaintiff is entilled to recover

Instructions
Refused

Given

If the Jury find from the evidence
that EvansEvans executed & delivered to WilliamsWilliams a bill
of sale of the negros - that WilliamWilliam paids the
purchase money - that EvansEvans had an order from
the Sheriff or the Jailor to deliver the negros
to (him) EvansEvans & that EvansEvans went to the Jail in company
with WilliamsWilliams & handing the Jailor the said
order directed him
to deliver the negros to WilliamsWilliams when he
called for then & if they that the said jailor agreed to obey said order & direction

this is a complete delivery of the
negroes and plaintiff cannot recover for a
non delivery

ShawShaw
vs
EvansEvans

Given

If the jury find from the evidence that there was
no delivery of the negros by EvansEvans , then the Plaintiff is
entitled to recover &
and should
they be satisfied from the evidence
that the price, at which the
plaintiff purchased said slaves
was nineteen hundred and fifty
dollars -that of that sum
twelve hundred dollars was
paid by the plaintiff to the
defendant and that the
balance Seven hundred and
fifty dollars was paid over by
the plaintiff to Newcomb
and Duvall and other parties
including Jail fees and EvansEvans
attorney fee by the direction and
order of the defendant, then
the plaintiff is entitled to a
verdict of nineteen hundred
and fifty dollars with
from the 9th day of June 1859
when the same was paid

Refused

Even if the Jury are satisfied
from the evidence that the Defendant
procured an order from the Sheriff on
the Jailor for the delivery of the slaves
to the plaintiff when the latter should
call for them, and the Jailor promised
to comply therewith, get if when applied
to for that purpose he refused to deliver
them to the Plaintiff, the mere fact of
such promise, unaccompanied by any
evidence that the Plaintiff accepted or
treated the same as a delivery, would
not constitute a delivery.

ShawShaw
vs
Evans

Alexander Williams vsAugustusAugustus HH Evans EvansH Evans
We the jury in said case find for the Plaintiff
in the sum of nineteen Hundred and fifty dollars
with Interest from the ninth day June 1859

Refused

In case it should appear that
there was no delivery of the negros by EvansEvans
the plaintiff can only recover the consideration
mentioned in the bill of sale