Isham Shaw v. Augustus H. Evans
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456
In the St. LouisCircuit Court
Circuit CourtCircuit Court
February Term AD 1860

IshamShaw
AlexanderAugustus
HH Evans . EvansH Evans
Petition for freedom

filed Jany 20th 1860

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leave to sue as poor person

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IshamShawShaw
plaintiff
AugustusAugustus HH Evans .EvansH Evans
defendant

In the Saint LouisCircuit Court
Circuit CourtCircuit Court :
February Term AD 1860.

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.

C.C. CarrollCarroll pq

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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.

John JacksonJackson

Subscribed and Sworn
to before me this 21st January 1860

S Rice Clk

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In the St. Louis Circuit CourtCircuit Court
September Term 1860.
Saturday January 21st 1860.

Isham ShawShaw
vs
AugustusAugustus H. EvansH Evans

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.

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State of MissouriMissouri
County of St. Louis
S.S.

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.

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In testimony whereof, I hereto set my
hand and affix the seal of said Court
at office in the City of St. LouisCity of St Louis this 21st day of January A.D. 1860

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The State of Missorui,
County Of St. LouisSt Louis,
SS.

To The Sheriff Of St. Louis CountyâGreeting:

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.

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Witness, StephenStephen Rice, Clerk of our said Court,
with the seal thereof, hereto affixed, at office, in the City ofCity of St Louis
St. LouisCity of St Louis, this 20 day of Jany in the year of our Lord eighteen hundred and - sixty

StephenStephen Rice

Clerk.
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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

John JacksonJackson

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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

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No 456

St. Louis Circuit CourtCircuit Court.
February Term 1860

Isham ShawShaw by
JnoJacksonJackson next friend & guardian
ad litem


AugustusAugustus HH Evans .EvansH Evans

Petforfreedom

Issued 20 of Jany 1860

S Rice Clerk

JJacksonJackson Security for Costs.
Copies due Clerk. 50
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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

Thomas ECourtenay Sheriff
B D R Dpty

Fee $ 100
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Isham ShawShaw
vs
AugustusAugustus H. EvansH Evans

In the St. LouisSt Louis
Circuit Courdaft:
Feb. Term A.D. 1860- No 456.

In the St Louis Circuit CourtCircuit Court
September Term 1859

Ann ShawShaw
v
The Same

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:

C.C. CarrollCarroll
Atty for Plaintiff

JohnsonJohnson & JacksonJackson for Deft.

Feb 8 AD 1860
Attys for defendants

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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.

Witness
L. Lawrence
Feb 8. AD 1860

John JacksonJackson

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Filed Feby 8 1860

S. Rice Clk

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New for Clerk.

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.

C. C.CarrollCarroll
for plaintiff

Feb 8 AD 1860.

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Circuit CourtCircuit Court

IshamShawShaw
vs
AugustusAugustus HH Evans EvansH Evans

Answer of
defendant

Filed Feby 11 1860

SRice Clk

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Isham ShawShaw
vs
AugustusAugustus H. EvansH Evans

In the St LouisCircuit Court
Circuit CourtCircuit Court

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.

& Tucker

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State of MissouriMissouri
County of St LouisCounty of St Louis

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

A.H. EvansH Evans

Sworn to & subscribed before
me this 11th day of Feby 1860

S Rice Clk

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The State of MissouriMissouri,
County Of St. LouisSt Louis.
SS.

To Robt Guion, Jack Lakin
Greeting:

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.

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Witness, StephenStephen Rice, Clerk of our said Court, with the
seal thereof hereto affixed, at office, in the City of St. LouisCity of St Louis,
this 4th day of May in the year of our Lord eighteen hundred and sixty.

S. Rice

Clerk.
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242 9 th
Circuit CourtCircuit Court
April T. A D 1860

ShawShaw
v
AugustusAugustus H. EvansH Evans

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

Robt Guion
Deputy Sheriff

JackJack Lakin
at Lynch & Yard
on Locuststreet:

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Served, T.E. Courtenay

fee $ 1.00
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The State of MissouriMissouri,
County Of St. LouisSt Louis.
SS.

To Genl. NathanNathan Ranney J.
W. Newcomb Greeting:

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.

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Witness, StephenStephen Rice, Clerk of our said Court, with the
seal thereof hereto affixed, at office, in the City of St. LouisCity of St Louis,
this 4th day of May in the year of our Lord eighteen hundred and sixty.

S. Rice

Clerk.
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242 9
Circuit CourtCircuit Court
April T. A D 1860

ShawShaw
vs
Augusten H. EvansH Evans

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

Genl NathanNathan Ranney

J. Timmerman
Corner of 5th Cerre
st.

W. Newcomb
on
15 & 16th

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Served, T. E.Courtenay
Sheriff

fee $ 1.50
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The State of MissouriMissouri,
County Of St. LouisSt Louis.
Ss.

To Peter Lindell, W. Levin Baker
Greeting:

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.

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Witness, StephenStephen Rice, Clerk of our said Court, with the
seal thereof hereto affixed, at office, in the City of St. LouisCity of St Louis,
this 4th day of May in the year of our Lord eighteen hundred and sixty.

S. Rice

Clerk.
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Served, T. E.Courtenay
Sheriff

fee $ 1.00
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242 99th
Circuit CourtCircuit Court
April Term A.D. 1860

ShawShaw
v
AugustusAugustus H. EvansH Evans

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

Peter Lindell

Levin Baker

Office onGreen
St.bt 2d & 3d Streets
(Builder)
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IshamShawShaw by next friend
vs
Aug H. EvansH Evans

In the St LouisCircuit Court
Circuit CourtCircuit Court
Sept Term A.D. 1860.

JuliaJulia Shaw AnnShawJulia Shaw , by
her next friend
-
Same

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

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

John JacksonJackson

Sworn to and subscribed
before me this 27th day of November A.D. 1860

JohnJohn M MJohn M .WaltonWalton Clerk

of the Law Commissioners Court
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456 & 457

Febry T 1840
IntheStCircuit Court .LouisCircuit Court CircuitCircuit Court
CourtCircuit Court -

IshamShawShaw by
next friend
vs
Aug.H. EvansH Evans

Affidavit of next
friend

filed nov 27th 1860

S Rice C

456 & 457
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The State of MissouriMissouri,
County Of St. LouisSt Louis.
SS.

To James Denny, Chas R. Roderman
Louis Music Greeting:

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.

[missing figure]
Witness, StephenStephen Rice, Clerk of our said Court, with the
seal thereof hereto affixed, at office, in the City of St. LouisCity of St Louis,
this 9th day of April in the year of our Lord eighteen hundred and sixtyone

S. Rice

Clerk.
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Executed April 10th 1861

John H Andrews Shff

by Ed JEd J Castello CastelloEd J Castello Dpty

fee $ 1.50
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232 10 456 No 457.

ShawShaw &c
vs
EvansEvans
-
Defts Witnesses

Jas. Denny

Chas. R Roderman

Louis Music

for April 10th
N Cox
for defts.

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Received April 9th at 11 O ClockAM

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The State of MissouriMissouri,
County Of St. LouisSt Louis.
SS.

To John Newcomb, CrawfordCrawford Duvall DuvallCrawford Duvall
D WmCarrCarr Lane & MartinSteitz Greeting:

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.

[missing figure]
Witness, StephenStephen Rice, Clerk of our said Court, with the
seal thereof hereto affixed, at office, in the City of St. LouisCity of St Louis,
this 9th day of April in the year of our Lord eighteen hundred and sixtyone

S. Rice

Clerk.
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Executed April 10th 1861

John HJohn H . AndrewAndrew Shff

by Ed JEd J Castello . CastelloEd J Castello Dpty

fee 2.00
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[missing figure]
232 10 456 No 456

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

For April 10 1861

N. Cox
for deft.

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[missing figure]

Received April 9th at 11 O clock
A.M

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[missing figure]

The State of MissouriMissouri,
County Of St. LouisSt Louis.
SS.

To James Denny, Chas R.
Roderman & L.Music Greeting:

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.

[missing figure]
Witness, StephenStephen Rice, Clerk of our said Court, with the
seal thereof hereto affixed, at office, in the City of St. LouisCity of St Louis,
this 9th day of April in the year of our Lord eighteen hundred and sixtyone

S. Rice

Clerk.
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[missing figure]

Executed April 10th 1861

John H. Andrews Shff

by Ed JEd J Castello . CastelloEd J Castello Dpty

fee 1.50
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[missing figure]
233 10 457 No 457

ShawShaw &c
vs
Evans

Deft's Witness

Jas. Denny

C. R. Roderman

L.Music

For April 10

N. Cox
for deft.

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[missing figure]

Received April 9th
at 11 O clock
A.M

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[missing figure]

The State of MissouriMissouri,
County Of St. LouisSt Louis.
SS.

To John Newcomb, CrawfordCrawford Duvall DuvallCrawford Duvall ,
D WmCarrCarr Lane & Martin Steitz Greeting:

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.

[missing figure]
Witness, StephenStephen Rice, Clerk of our said Court, with the
seal thereof hereto affixed, at office, in the City of St. LouisCity of St Louis,
this 9th day of April in the year of our Lord eighteen hundred and sixtyone

S. Rice

Clerk.
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[missing figure]

Executed April 10th 1861

John H. Andrews Shff

by Ed JEd J Castello . CastelloEd J Castello Dpty

fee $2.00
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[missing figure]
233 10 457 No 457

ShawShaw &c
vs
EvansEvans

Defts. Witnesses

Jno: Newcomb

CrawfordCrawford Duvall DuvallCrawford Duvall

Dr WmWilliam Lane Martin CarrCarr LaneWilliam Lane Martin &

MartinWilliam Lane Martin Steitz

Butcher in City

For April 10th

N. Cox
for deft.

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[missing figure]

Received April 9th
at 11 O Clock
A.M

Produce dealer at
FrederickFrederick House

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[missing figure]
No 456.

Feb. T. 1860.

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

C.C.CarrollCarroll
Atty for Plaintiffs

May 13th AD 1861.

Filed May 16 1861

S.Rice Clk

N.Cox
Defts. Atty.

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[missing figure]
IshamShawShaw
Plaintiff
against
AugustusAugustus H. EvansH Evans
Defendant.

In the Saint LouisCircuit Court
Circuit CourtCircuit Court .

February Term 1861.

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

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[missing figure]
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.

NathanielCox
Deft's Atty.

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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.

A.H. EvansH Evans

Sworn to & Subscribed
before me May 16th 1861

S Rice Clk

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[missing figure]
Isham ShawShaw
vs
AugustusAugustus H EvansH Evans

467
In the St LouisCircuit Court
Circuit CourtCircuit Court :

Isham Shaw R.
vs
Same

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

C.C. CarrollCarroll ,
for Plaintiff

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[missing figure]

Circuit CourtCircuit Court
Nos. 456 & 467

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

Motion to strike
out the Amended
Answers filed in
said case

Filed Feby 24 1862

S Rice Clk

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[missing figure]
Nos. 456 & 457

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

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.

C. C. CarrollCarroll .

Sworn to & subscribed
before me this 24th A D 1861

S Rice Clk

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[missing figure]

To apply to
456 & 457

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

Affidavit of
non-residence of
Alexander Williams

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State.
vs.
Isham (Negro)

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

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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

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[missing figure]

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

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[missing figure]

WilliamsWilliams
v
EvansEvans

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No 1

Plaintiff's Instructions

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

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[missing figure]

Instructions
Refused

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Defendant's Instructions

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

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ShawShaw
vs
EvansEvans

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No 2

Plaintiff's Instructions

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

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Plaintiff Instructions

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.

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View original image: Page  053
[missing figure]

ShawShaw
vs
Evans

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[missing figure]
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[missing figure]

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

JohnJohn P PJohn P Cassilly
foreman

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Defendant's Instructions

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

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