Title: Aspasia vs. Hardage Lane
Plaintiff: Aspasia
Defendant: Lane, Hardage
Date Filed: June 24, 1837
Term: July Term 1837
Cause of Action: TrespassAssaultBatteryFalse Imprisonment
Case Number:
Court: St. Louis Circuit Court
Publication Info: St. Louis, Missouri: Washington University in St. Louis, University Libraries
2011
Source: The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Availability: Documents are in the public domain
Judge of the
of
The petition of
color respectfully represents that she is the daughter
of
the year
was brought to
certain
time as a slave and then sold her to a certain
the North western Territory That the said
took your petitioners mother to the town of
in the territory aforesaid about the year
place she was owned and continued to be held as a
slave by the said
or upwards - That after your petitioners mother had been
held and treated as a slave in the town of
and territory aforesaid for the
above she was sent to
and
in slavery ever since, and gave birth to your petition
about thirty two years ago in the town of saint
Louis
Your petitioner further represents that she
is now illegally held in slavery by a certain
on the day of
eighty seven
may be permitted to sue as a poor person in order to
establish her right to freedom, that
her for that purpose and finally that your
honour may grant the usual orders in such cases and
as in duty bound will ever pray
This day
of color personally appeared before the undersigned
oath that the matter and things in the foregiong petition
contained so far as they depend upon her own
knowledge are true and those coming from the information
of others she believes to be true
me
of june eighteen hundred
thirty seven
1st It is hereby orderd that Assisa be permitted to
as a poor person for the recovery of her freedom and
that
purpose
2nd That the said Assisa have reasonable liberty to attend
her
that she be not removed out of the
court, and that she be not subject to any severity
on account of her application for freedom.
filed
vs
Petition
by
of a plea of
whereas the said
County aforesaid with force and arms made an
upon the said aspisa, to wit, at
beat,
and there imprisoned her and kept and detained her in
prison there, without any reasonable or
whatsoever for a long time, to wit, for the space of
then next following, contrary to the laws of the
land and the will of the said aspisa and the said
aspisa
of the said
and that the said
her in slavery to the damage of the said aspisa of the
sum of $300 and therefore she brings suit
for
1837
vs
Declaration
This is an action for false imprisonment
in
recovery of freedom Damage
$300 The Clerk will
a summons
filed
"1st It is hereby ordered that
be assigned her as counsel for that purpose. 2nd That the said
and the court as occasion may request, that she be not removed out of the jurdiction of the court and that she be not
subject to any severity on account of her application for freedom. L.E.
We command you to summon
our Honorable
the city of
then and there to answer
imprisonment, to the damage of said plaintiff of three hundred dollars, and have you
then there this writ.
the seal thereof herto affixed this
Executed this writ on the
to
to hear and acknowledged the service thereof
By
Service
vs
Freedom
vs.
and the said
by
force and injury when
is not guilty of the said
and
the said plaintiff hath above thereof complained
against him and of this he the said defendant
Vs
Hardage James
plea
not guitly
Verdict a judgement for
Sir
Take notice that on thursday the
day of august
afternoon at the dwelling house of
about
in the state of
be taken to be read as evidence upon the trial of
an action of
man
I am plaintiff and you are defendant. If the depositions
should not be finished on that day they
will be continued at the same place and between
the same hours from day to day until finished
when and where you will please attend
by
Served this notice by
By
Service
vs
Greeting:
We, reposing special trust and confidence in your integrity and circumspection, do authorize
and require you, that you cause to come before you, such person or persons as shall
be named to you by
Attorney or Agent, and him or them examine upon his, her or their corporal oath, (to be by
you administered,) now pending in our
defendant on the part of the
the said depositions so taken by you as aforesaid in writing, you are required to send the
same, together with this commission, enclosed under, your seal, to our said
with all convenient speed.
day of
thousand eight hundred and thirty
Color-
vs
Depositions of Witnesses produced sworn and examined
at the dwelling house of
miles from
peace in and for the
certain cause now depending in the
of St. Louis County in the
sworn and examined on the part of the Plaintff
deposith and saith
Question by
Ans - I
By same- Have you been the owner of any slaves
since your residence in
Ans - I have been the owner of Black people
I bought them generally with the
of
1878 the first I bought was
Old
I bought also afterwards young
by his Bill of sale to me filed in the
in the case of
should be taken as a part of this.
By same- How long did you own young
Ans - I don't know perhaps two. three or four years.
By same, How did you dispose of young Lady and to whom
did you sell on transfer her?
Ans- I cant be
her to
I think I heard that he afterwards had sold her to
By name - did you or did you not sell her as
a slave. State if so how you sold her?
Ans- I did not sell her as a slave, I believe
I never sold any black or blacks as slaves
I think I sold her with her Indentures for
fifteen years. She was bound to me for a certain length of time to repay me the
I had expended for her, and I sold only her services for the time specified in the
Indenture whatever it was which I cant
certainly
but believe it was fifteen years from the
time she was bound. I generally took
an indenture for this time-
By same- Did you or did you not bring young
Ans - I bought her in
her to
By same- What became of the indenture of which
you speak and where are they now ?
Ans - I dont know what became of them
nor where they are now . I generally took
an indenture and gave them a copy of it for
their own use.
old
very well and for that reson I sold young
of giving the purchaser any Indenture
and
or any thing else.
I John Collins a Justice of the Peace do hereby certify
that
residence is
was by me affirmid to testify the whole truth
of his knowledge touching the matter in countroversy in the cause aforesaid. That deponent was examined
and his examination reduced to writing and
subscribed by said deponent in my presence
on the
between the hours of 8 O clock
in the forenoon and of seven O clock in the afternoon
at the house of
from Vincennis in the
I John Collins a Justice of the peace in and
for the
certify that in pursuance of the
commission and Notice came before me
at the house of
from
and examined and such examination reduced
to writing and subscribed by him in my presence
and his said depsition is now here with returned
given at the House of
in the
Justice Peace
I
of the
John Collins on the
of our Lord one thousand eight hundred and thirty
seven
and for the
that full
In testimony whereof
have heareunto subscribed my name and
affixed the seal of Office at
this
and thirty Seven
By
Clerks fees for certificate
vs
Afdvt.
Pd
Filed
vs
Suit for freedom
named deft. makes oath that
trial of the above entitled cause that there is no
other witness in attendance upon whose testimony the
said Deft. can safely rely to prove the same facts
that the said
states that he cannot safely go to trial without the
testimony of said
absent by the consent connivance or procurement
of this affiant. Affiant states that he verily believes
the testimony of said
importance on his behalf. Affiant states that said
in the
this affiant that he would be in the
during the present term of this Hon. Court, and could
give his testimony orally on behalf of affiant,
which mode was deemed preferable to the taking
the deposition of said
states that said
but left the city without giving to this affiant
sufficient notice to take the deposition of the
said
taken the depositon of the said
the reasons above stated and for the further rea
son that he thought he would be able to have
the personal attendance of said
trial of the above cause. Affiant states that if a continuance is granted him he will be
able by the next term of this Hon. Court to have
the personal attendance of said
his deposition. Affiant states that since the
commencement of the present term of this
Court he has discovered, other evidence which
he is advised and believes will also be material
for his defence, which evidence can only be procured
by going or sending to the town of
in the
was discovered too late to be obtained at the
present term of this Hon. Court. Affiant states
that he believes that he will be able to procure
all the necessary evidence for his defence by
the next Term of this Court should a conti
nuance be granted, affiant states that if he
is forced to go to trial at the present Term of this
Hon. Court, that he believes manifest injustice
will be done him, he further states that this
continuance is not asked for the purpose
of vexation of delay but for the attainment
of justice above.
in open court this
Novr. 1837
vs
Dep: for Deft
Opened & filed
vs.
Take notice, that on the
year of our Lord, one thousand eight hundred and thirty
town of
depositions will be taken by the undersigned, to be read on the trial of the above entitled case, on
behalf of the
on that day, will be continued from day to day, at the same place, and between the same hours,
until completed.
By
his Atty.
Atty for
Plff.
Greeting.
We, reposing special trust and confidence in your integrity and circumspection, do au
thorize and require you, that you cause to come before you, such person or persons as
shall be named to you by
Attorney or Agent, and him or them examine upon his, her or their corporal oath, (to be
by you administered,) touching their knowledge of any thing that may relate to a certain
matter of controversy, now pending in our
wherein
plaintiff and
defendant on the part of the
so reduced the said depositions so taken by you as aforesaid in writing, you are required
to send the same, together with this commission, enclosed under your seal, to our said
day of
thousand eight hundred and thirty-
Clerk C. C.
vs
H.Lane.
Depositions of witnesses produced, sworn and
examined at the office of
in the
me
said County in a certain cause now depending in
the
sworn and examined on the part of the defendants
deposeth and saith, that he is unacquainted with
the parties and knows nothing of the matters in controversy
between them.
I
for the
certify that
whose place of residence is
and
the whole truth of his knowledge touching the matters in
controversy in the cause aforesaid, that the deponent
was examined and his examination reduced to
writing and subscribed by said deponent in my
presence on the
of our Lord one thousand Eight Hundred and
thirty Eight
and seven of the afternoon at the office of
July 1838.
Not being able to complete the taking of said depositions by
reason of the absence of the witnesses I adjourn the further
taking of the same Monday the
being Sunday, there to be continued at the same place
and between the same Hours mentioned in the annexed
notice
Pursuant to the adjournment above stated on the
of July in the year Eighteen Hundred and thirty
Eight
seven in the afternoon at the office of
as follows,
sworn and examined on the part of the defendant
deposeth and saith-
Question by deft: When did you come to
answer: about April or
Question by deft, at which time did you bring to
a colored woman called young
Answer, in the fall of the Year
Question by deft. How long did you keep said
colored Woman in
Answer: I do not recollect.
Question by deft,
you obtain said colored Woman
called Judah
Answer, I obtained her of
received a Bill of sale for her of that date
which was attached to my deposition given
at a former examination.
Question by deft, What became of said
Answer I think I transferred her to Taussaint Dubais
Question by deft, did you purchase her as a slave
Answer I did but it was my instruction to set her
free, so soon as I was paid for the money advanced
for her, for which purpose I took her indentures
for fifteen years as I believed
Question by deft, What became of those Indentures
Answer, I do not know certainly but believe I transferred
them to the person I transferred her to.
Question by deft, Was Eliher
at the time you brought said
Answer I think he was, but I am not certain my
impression in that Eliher
in the year
Question by deft, did you ever own any other colored
woman called
the said
Answer I
Old
and are now living in the
Except one called
husband
Question by deft, did you know Mrs.
Answer, I did, she was brought in by the Indians
as a prisoner, it might have been about
the time I brought said
know positively
Question by deft, How long did you keep said
young
her there
Answer I do not know, whether six months or
four years, but I think it was not more than
four years
Question by plff, What induces you to belive you
took Indentures from your
fifteen years.
Answer, My intention was when I purchased
her and others to set them free after
fifteen years service and I recollect
dinstinctly that I wished to transfer her
indenture, to the person I sold her
services and I offered to the person to
whom I sold her services a Bill of sale
stating that the time she had to serve which
he refused, as I think, stating that he did
not want a Bill of Sales.
I
in the
to certify the whole truths of his knwledge touching the
matter in controversy in the cause aforesaid that
deponent was examined and his examination
reduced to writing and subscribed by said
in my presence on the
Eight
and seven in the afternoon at the office of
and
I
county in the state of
pursuance of the commission and notice
cause before me at the office of
by me sworn and examined and such examinations
reduced to writing and subscribed by them respectively
in my presence and then said depositions are
1838
I Alexander D Scott Clerk of
the
Esq on the twenty first and
of our Lord one thousand eight hundred and thirty eight
was and now is executing Justice of the Peace within and for the
and acting as such and that full faith and credit are
due to his acts as such.
my name and affixed the seal of said court
of
in the year of our Lord one thousand eight hundred thirty eight.
By
You are hereby commanded to summon
Madame Zamar, and
that setting aside all manner of excuse and delay,
before the Judge of our
Instant
and the truth to say, in a certain matter of contoversy now pending in our said court
wherein
plaintiff and
defendant on the part of
and have you then and there this writ.
at the
in the year of our Lord, eighteen hundred and thirty
vs
Spoe
for plaintiff
Served this writ on F Creely
W Primm M Jesson Madame
Zamar and
Madame
of August 1838
of
Shff
We command you to attach
by
the Judge of our
the truth to say in a certain matter of controversy, now pending in our said
in the year of our Lord one thousand eight and thirty
vs
Attachment
Witnesses
Executed this writ and have now the
the body of the within named persons in
open Court.
Sheriff
Service $3.00.
You are hereby commanded to summon
that setting aside all manner of excuse and delay, he be and appear in proper person
befoe the Judge of our
at the
and the truth to say, in a certain matter of controversy now peding in our said Court,
wherein
plaintiff and
defendant on the part of
and have you then and there this writ.
at the
in the year of our Lord, eighteen hundred and thirty
Executed this writ by offering to read it to
to A L Mills on
1838
By
vs
Hard
dft
for 29th
Executed this writ in the
Mills on the
Sheriff
Service,50
We command you to attach
by
the Judge of our
the truth to say in certain matter of controversy, now pending in our said
ha
in the year of our Lord, one thousand eight hundred and thirty-
Executed this writ and have now the bodies
Mad
Mad Tamey
being sick was not
Mad
was not found
Sheriff
vs
Attachment for
You are hereby commanded to summon
Mr
that setting aside all manner of excuse and delay,
before the Judge of our
at the
and the truth to say, in a certain matter of controversy now pending in our said Court,
wherein
plaintiff and
defendant on the part of
and have you then and there this writ.
at the
in the year of our Lord, eighteen hundred and thirty
Executed this writ by reading it
to
not found in my County
Sheriff
Ent
vs
H Lane
Deft
forthwith
1. If the Jury shall be of opinion that the
Mother of the plaintiff was in the year
in the
from there to
county and domiciled there by the owner they shall find for plaintiff
2. If the Jury shall be of opinion on the whole
of the evidence that the plaintiffs Mother
was only
was conducted or sent through this County
by her owner for the purpose if being sold as a
slave in upper
If the Jury shall be of opinion that the female
ancestor of the plaintiff was a slave in
on the
and by said
used by said
in
with himself they ought to find for plaintiff
If the jury shall be of the opinion that the evidence
before them does not satisfactorily prove that said
female ancestor of the plaintiff was
by said
the lawful control over her under said
ought to find for defendant.
If the Jury shall be of opinion that the female ancestor
of the plaintiff was not detained or used as, a
domiciled slave at
of the North County but was only carried through the
County between
for the purpose of selling her as a slave at
they shall find for Def.
Verdict of Jury
The Jury in the case of
for the Plantiff.
vs
Suit for freedom
And the said deft
comes and moves the Court to set aside
the verdict of the Jury rendered in this
cause for the following reasons -
1. The verdict is against evidence
2. The verdict is against the right
of evidence
3. The verdict is against law and
evidence
4. The verdict is against law
5. The Court misdirected the Jury
6. That illegal testimony was admitted
and went to the Jury
7. That the Deft has discovered new
evidence since the trial.
Atty for Defendant
vs
Reasons for New Trial
Atty
Filed
vs
Suit for freedom
Be it remembered that upon the trial of this cause
the plaintiff in support of her action offered and read in evi
dence the depositions of
the plaintiff and the defendant, the bill of sale from
deposition of
fendant and produced and examined the witnesses hereinafter
named. The first depositoin of
read upon the said trial is in the words, letters and
figures following to wit (after striking out that por
tion of the said deposition which was subjected to at the
trial) "Robert Bunton
duced sworn and examined on the part of the plaintiff
deposeth and saith Question by Plffs Atty: In what
year did you come to
you been the owner of any slaves since your resi
dence in
of black peeple. I bought them generally with the
intention of liberating them, I bought them all after
also afterwards Young
in the year
to me filed in the
attached to my deposition therein such should be
taken as a part of this. By same: How long
did you own Young
perhaps two, three or four years. By same: How
did you dispose of young
you sell or transfer her? Ans: I cant be positive
but believe I transferred her to Tousaint
so positively. (Here follows in the deposition the part
stucken out not read at the trial and not copied here) By same: Did
you or did you not sell her as a slave, state if so
how you sold her? Ans: I did not sell her as a
slave. I believe I never sold any black or blacks
as slaves.
tion not read upon the trial and not copied here)
By same. Did you or did you not bring young
to
in
mediately. By same. What became of the indenture
of which you speak and where are they now. Ans: (a part of the answer to the above question was not read
upon the trial and is here omitted)(it concludes as follows)
old
well and for that reason, I sold young
rather her services. I have no recollection of giving
the purchaser any indenture and rather think the
purchaser from me neither took a Bill of sale,
Indenture, or any thing else. (Signed)
tion of the said
the defendant in the words, letters and figures follow
ing to writ:
duced, sworn and examined on the part of the defen
dant deposeth and saith. Question by deft: When did you
come to
About april or may in
the year
you bring to
Answer.
In the fall of the year
Question by Deft.
How long did you keep said colored
woman in
I do not recollect. Question by deft.
How and where did you obtain
said colored woman called
Answer. I obtained her of
a Bill of sale for her of that date which was
attached to my deposition given at a former
examination. Question by deft.
What became
of said
I think I transfered
her to Tousiant
Did
you purchase her as a slave? Answer.
I did
but it was my intention to set her free so soon
as I was paid for the money advanced for her.
Was
then. Answer.
I think he was, but am not
certain my impression is that
Question by Deft.
Did you ever own any other colored
woman called
I owned one other colored woman in
who with her children I set free and are now living in
the
left with her own consent, and went away with her
husband. Question by deft.
Did you know Mrs Cheer Answer. I did, she was brought in by the Indians
as a prisoner. It might have been about the
time I brought said
positively. Question by deft.
How long did you
keep said young
brought her there? Answer.
I do not know,
whether six months or four years, but I think
it was not more than four years.
her and others to set them free after fifteen years
service,
sold her services, a Bill of sle stating the
time she had to serve which he refused, as
I think, stating that he did not want a Bill
of sale. (Signed)
produced and read upon the trial and referred to in this
deposition, of the said
letters and figures following to writ. Know all men
by these presents that I,
in consideration of the sum of Two hundred and
fifty dollars to me in hand paid have this
day bargained, sold, and delivered unto
named
of
negro woman I will warrant and defend from
the claim of all persons whatever. Witness my
hand and seal this
1799
Witness.
The Plaintiff then read in evidence the deposition of
to wit.
and examined on the part of the defendant deposes
and says. Sometime between the year
I sold a black girl named
bert
cash, and sold her as a slave for life. She was
not my property, but was brought to me by Tou
saint
sold by me, the money I received as aforesaid
I paid to
sure, but I believe that after I had made the sale
verbally that a bill of sale, was sent to me by
him a bill of sale myself. At the time I sold her
she was very young, but large of her age, she
had no children. I was asked by
I could sell a slave belonging to
by
slave for life, and was as such by me sold to
said
I had the most unfounded confidence and whose
character stood very high for honesty and integrity. He and
diana,
cross examined by attorney for plaintiff. Ans: I can say that it was in the life time
of my first
wife (whom I married in
died in
perhaps about
at my house in
thought him to be a clever fellow - when I first
knew him he enjoyed a pretty good character. He was commissary of the V.S.Troops & was after
wards clerk of the Court of
Western Territory. Ans: I believe his general repu
tation as a man of integrity was good. (signed).
The palintiff next produced and examined as a witness
in Vincinnes, where he remained with the family of
and was raised in three squares of him. That
had one by the name of
also has young
in court is the same person called young
whom he saw in the possession of
and performing the ordinary duties of a servant in the family
at
of
was a good sized girl. He saw her in
for the first time in year
in the possession of Madame
not recognize
first sight, but did so, afterwards. He could not
say how long
the possession of Madame
knew them were the young
Aspisa, Celeste and Tousaint. That
tiff was in the possession of
fendant at the time of the institution of this suit. Upon cross examination he stated, that while he lived
with his father in
saw
prentice which was in
quite fourteen years old. He knew
ion of
not recollect how long. He came to
year 1816 and left his apprenticeship in
He was twenty years and six months old when he came
out of his apprenticeship.
pearance, when he first saw her in
had grown fleshy and older. When
tolerably aged man and a man of family when wit
ness first knew him, and at present he must be quite
an old man. Witness saw him about a year ago
supposses him to be man on to seventy and was
more than thirty years old when he (witness) first
knew him at
than witness. The object of witness going to
a year ago was to see his relations and to accompa
ny a Mr
sitions in this suit. Witness called on
him that
come out of his apprenticeship when he came to
left
paid two dollars and fifty cents a day and his expenses.
on behalf of the plaintiff stated that he had known
as long as he can remember and that she belonged to Ma
dame
as far as his recollects are Aspisa, Celeste and Tousaint. In the inventory of Madame Lecompt states
& her three children Aspisa, Celeste & Tousaint are
named, and were sold by the administrator of
Mrs.
Madame
the part of the plaintiff stated that she has known
grand father
her (
of was a pretty stout girl when bought
by his grandfather
at the time, but afterwards had Aspisa, Celeste
and Tousaint. That her grand father had no other
the defendant then produced and read in evidence
Bill of sale in the Spanish language only interpreted
into the english language from
to
day of August 1800
in the usual form and was produced upon the
trial as one of the spanish archives now
& then in the custody of the recorder of St.Louis
County, by which it appeared that
sold said
for life for the sum of four hundred and fifty
dollars with warranty and a clause of
mortgage to secure the purchase against defect
of
sale the plaintiff did not object.
examined on the part of the defendant stated that
he became a resident of
that time and was an old man. That he became acquainted with his family a short time after
his arrival. That he (
witness. That the said
named
and who was living in the
witness left. Witness did not see
of plaintiff during his residence in
nor has he ever seen her in the possession of
bois who was drowned about sixteen years ago
and lived a short distance from the town of
it took about four ro five days to travel from Louis
ville
days to travel from
were often detained for several weeks. That owning to the indians who then inhabited-
through
there was as much talk and preparation in
travelling from
a trip to the
submitted to the Jury who found a verdict for
the plaintiff. After the rendition of the said verdict
the defendant by his counsel moved the court to
set aside the verdict aforesaid and sent a
new trial upon his reasons filed which are in the
words letters and figures following to wit: And the said defendant comes and moves the court to
set aside the verdict of the jury
for the following reasons. 1. The verdict is against
evidence. 2. The verdict is against the weight of evidence. 3. The verdict is against law and evidence. 4. The verdict is against
the jury. 6. That illegal testimony was
admitted and went to the jury. 7. That
the defendant was discovered new evi
dence since the trial.
and figures following to wit,
There was no affidavit filed or evidence adduced to
prove that the defandant had discovered new
or material evidence since the trial aforesaid
or the rendition of the said verdict. The court
sustained the motion of the said defendant and gran
ted a new trial, to which opinion of the
court in granting the new trial aforesaid the
plaintiff by her counsel excepts and prays
that this her bill of exception may be
signed which is done accordingly
on
year of our Lord one thousand eight
hundred and thirty eight.
vs
Bill of Exceptions
by Plff
vs
dant being sworn on his oath says that
trial of the above case, that no other witness
is in attendance by whom he can prove the
same facts that he expects to be able to prove
by said
to trail without the testimony of said
that said
consent connivance or procurement of said
affaint, that if this case is continued be
believes he can obtain said Menard's tes
timony by the next term of this Court;
that this application is not made for
tion or delay but for the purposes of sub
stantial justice; & that the reason why he
has not the testimony of said
this time, is, that he was fully under the im
pression that this case was removed from this
Court to
rangements to have said Menard's testimony
at the Court of said St.Charles County, and
that he was not undeceived, until a few
days since when it was too late to obtain
said Menard's testimony.
Sworn to & subscribed in open court.
vs
Affidavit.
You are hereby commanded to summon
Helen Lasouk, Madame
Madame Zamean or Zama
that setting aside all manner of excuse and delay, he be and appear in proper person
before the Judge of our
ember
and the truth to say, in a certain matter of controversy now pending in our said Court, wherein
plaintiff and
defendant on the part of
and have you then and there this writ.
at the
in the year of our Lord, eighteen hundred and thirty
Executed this writ by reading it
to all the withon named witnesses.
Service $2.00.
Vs.
Witnesses for Plaintiff.
You are hereby commanded to summon
Baldwin, Denny Francis Mallet,
Mme
that setting aside all manner of excuse and delay, they be and appear in proper person
before the Judge of our
at the city of
and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
plaintiff and
defendant on the part of
and have you then and there this writ.
the
in the year of our Lord, eighteen hundred and thirty
Executed this writ by reading it to
Sheriff.
Service 50
vs
Deft. Adam L Mills
You are hereby commanded to summon
Cour,
That setting aside all manner of execuse and delay,
before the judge of our
at the city of
and the truth to say in a certain matter of controversy now pending in our said Court,
Wherein
plaintiff and
defendant on the part of
and have you then and there this writ.
the
in the year of our Lord, eighteen hundred and thirty -
Executed this within the
it to
Jesson
Sheriff
Vs
Plff
You are hereby commanded to summon
Cour,
that setting aside all manner of excuse and delay,
before the judge of our
at the city of
and the truth to say in a certain matter of controversy now pending in our said Court,
Wherein
plaintiff and
defendant on the part of
and have you then and there this writ.
day of
hundred and thirty - nine
Vs
Plff
Francois Crely
Executed this writ in the
Crely, W.Primm - M. Jesson, Madame
Belcour & H. Lane on the
april 1839
in my County
order of plffs atto-
You are hereby commanded to summon
that setting aside all manner of excuse and delay, they be and appear in proper person
before the Judge of our
inst at the city of
and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
plaintiff and
defendant on the part of
and have you then and there this writ.
the
day of
hundred and thirty - nine
Executed this writ in the
Mills Jno H Baldwin Frs Mallet
Mme
Shff
Vs
Lane
You are hereby commanded to summon
lett,
that setting aside all manner of excuse and delay,
before the Judge of our
and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
plaintiff and
defendant on the part of
and have you then and there this writ.
day of
hundred and
Executed this writ in the
Jno H Baldwin F Mallett P.Chouteau
Mme
1839
Shff
vs
Deft
F.Mallett,
You are hereby commanded to summon
that setting aside all manner of excuse and delay, they be and appear in proper person
before the Judge of our
of
and the truth to say in a certain matter of controversy now pending in our said Court,
Wherein
plaintiff and
defendant on the part of
and have you then there this writ.
the
day of
hundred and thirty - nine
Served this writ on
April 1839
Sheriff
Service
vs
for Dft,
The Jury in the case
find for the Plaintiff-
Verdict of Jury
to
Lecomte
Bill of sale of
I hereby release
in virtue of his bill of sale of a negro girl named
dated
day of April A D.1800
Jus
Vs
Decisions in main cases for Freedom
Merry vs Jefferi &
The Principles decided in this case is that any colored
person born in the
of
residing there
words - “This court thinks that the parson who takes his
blame into said Territory & by the length of his residence
there indicates an intention of making that place
his residence & that of his slave and thereby induces a
Jury to
declare his slave to have become a free man.
Case of-
Franceas Lagrange alias
as stated by the Court are that in
being owner of Plff sold him to P.Menard for $500
That
& from there sent him to Mern La Matte in this
state to work - that some time after this Plff
went to Kaskaskias where he was put on Board
a Keel Boat and after remaining about 2 days
went in said Boat as a working hand to New
plaintiff returned in same boat to Kaskaskias
where he remained a few days (one
8 or 9) assisting to reload said Boat, then was
sent in said Boat to the Big Swamp in
five or six weeks returned in the Boat to Kaskas
kias & after two or three days was sent to deft
P
The principles decided in this case are 1 The ordinance
of
who may choose to live under it rather than as a penal
statute
2 That construing the ordinance the court
will not be tied down to the particular exceptions
contained therein but will construe it according
to its spirit.
Any Sort or Residence construed, or permitted by the
Legal Owner upon the faith of
contracts in order to defeat the ordinance & thereby
introduce slaver de facto should doubtless entitle a
slave to freedom and should be promoted by a
forfeiture of title to the property”
The Owner of a slave removing to
slave along with him there to remain permanently must
intend to introduce, involuntary
against the express terms of the ordinance. But the
Owner of a slave who is merely passing through
the country with him or who may be a resident
in
the rivers or high seas in Boats or inlets that
occasionally unload their cargoes at
same port or place within the state, though he
may not do much in extending the fundamental
principles of
nothing towards
Slaves carried into
and staying there long enough to acquire the character
of residents do by such residence became free
Instructed the jury - that if they believed from the
evidence that the Master took the slave into
and used him there as a slave or permitted him
to be used there as such they should find for
the slave. But that if the slave went into
the state on a mere visit or ran away from
be entitled to his freedom
The master who permits his slave to go to
& there hire himself commits as great an offense
as he who takes his slave along with him to
reside there.
Ralp vs
Where a slave stayed in
which she was hired out two days & the
owner
entitled to freedom
270-
In the case of
The
on account of Residence in
the master made any unnecessary Delay in
slave acquired a Residence nor is it whether
the Master became a Domesticated resident of
the slave remains voluntarily in
4 Mo Rep
The construction of ordinance of
Plff
In the cases of
and
in favour of the Plaintiff.
verdicts in the same case.
pect to the opinions of thirty six honest and intiligent
men this solemly expressed? If the verdict in the
case of
made out, should be set
the inestimable right of the trial by Jury will become
a mere farce, with which the administration of jus
tice is closed. All which is respectfully submitted
for Pltf.
vs
Suit on Mo
for N.Trial
