Title: In the Matter of Jesse, a man of color Plaintiff: Jesse Defendant: Date Filed: July 18, 1845 Term: April Term 1845 Cause of Action: Habeas Corpus Case Number: 395 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
petition filed misordered & petiter discharged from custody on hearingJuly 19 184516 p 347
No 395April Term 1845
In the matter of JesseJesse a man of color on petition for Habeas Corpus
Filed 18th July 1845John RulandJohn Ruland clkTo the Honorable John M KrumJohnJohn M KrumM. John M KrumKrum Judgeof the Circuit CourtSt Louis Circuit Court
The petition of JesseJesse a
man of color respectufully
represents that he is confined in the Jail of St.
Louis
County by the jailor thereof and as he
verily
believes is illegally restrained of
his liberty - that the cause of
said confinement so
far as he is informed of the same is a
claim set up by one George W CoonsGeorge W. Coons to the
services of your petitioner the said CoonsCoons
alledging that your petitioner is a slave
your your petitioner being
arrested and confined in jail as he
is
informed, by the authority and procurement
of the said
CoonsCoons - that by the judgement of the Circuit CourtCircuit
Court of St Louis County rendered on the
twenty sixth day of March 1845 in
which your
petitioner
was
plaintiff and the said George W CoonsGeorge W. Coons was defendant was considered
and adjudged that your petitioner
be be
liberated and set free from servitude
and
slavery to the said George W CoonsGeo W Coons and to all and
every
claiming- by
through or under him which
judgementremains valid and unreversible
notwith-
standing which judgement the said CoonsCoons has
as your
petitioner is informed, caused his
arrest as aforesaid - that your petitioner knows of no other cause of his
arrest he therefore prays that a writ of
Habeus Corpus
may be issued in his behalf and the
cause of his imprisonment in - quired
into & that he may be discharged
therefore, in liberty bound he will ever
pray &c
JesseJesse By Jas B Townsend his attyMissouriState ofMissouriMissouri
St. Louis County
This day personally was present before the subseriber, a Justice of the Peace within & for St Louis County, JesseJesse the aforesaid petitioner who being duly sworn on his oath says that the facts Stated in the aforegoing petition are true to the best of his knowledge
JesseJesse his X mark
Sworn to and subscribed before
before me this 17th day of july, 1845,
John WJohn W. Calvin
Justice of the PeaceCounty of St LouisCounty of St LouisThe MissouriState of Missouri
To the jailor of the county of St LouisSt Louis Greeting; you are commanded to have the body ofJesseJesse, a man of color, detained by you, as is said, in the jail of the county of St LouisSt Louis, together with the time and cause of his imprisonment and detention, before the HonorableCircuit CourtCircuit Court for said County, on tommorow morning the nineteenth instant, at the courthouse in the city of St LouisStSt LouisLouis, then and there to do and receive what shall then and there be considered concerning him.
Witness John RulandJohn Ruland Clerk of our said court with the seal thereof hereto affixed at office in the City of St LouisCityCity of St Louisof St Louis this 18th July 1845John RulandJohn Ruland clk
In obediance to the with in command I have here the bodyJesseJesse a man of color who was committed to my custody by LieutenantLieutenant Dubrie July 17th 1845 as the slave of one Duty Deceased who is subject to the order of G. W Coons as administrator of said Duty Deceased. this 19th of July 1845
J M JamisonJamisonjailor of St LouisSt L CFees $1.00
Sworn to and subscribed before me this 19 July 1845John RulandJohn Ruland
clk
“By the Habeas Corpus act Habeas Corpus to Jailor on petition of JesseJesse.
Sheriffs fee for serving this writ one dollar
William MilburnWilliamWilliam MilburnMilburn SheriffCounty of St LouisCounty of St Louis, ss.
The MissouriState of Missouri,To WilliamWilliam P. Scott. Greeting:
You are hereby commanded, that setting aside all manner of excuse and delay, you appearbefore the Judge of our Circuit CourtCircuit Courton the, forthwith at the City of St LouisCity of St. Louis, then and there to testify, and the truth to say in a certain matter of controversy now pending in our said Court, wherein JesseJesse (a man of color) is petitioning for discharge on Habeus Corpus and herein you are in no wise to fail.
Witness, John RulandJohn Ruland, Clerk of our said Court, with the seal thereof hereto affixed, at office, in the City of St LouisCity of St.City of St LouisLouis, this nineteenth day of July in the year of our Lord one thousand eight hundred and forty fiveJohn RulandJn Ruland Clerk C.C.
In the matter of JesseJesse (aman ofcolor) on petition
for discharge on Habeas Corpus
Subp. forthwithWilliamWilliam P Scott
Executed William MilburnWm Milburn Shff
fee 50 cts
And the said JesseJesse a free person of colour now comes into court, and for answer to the return of John MJohnJohn MMJamisonJamison to the Habeas Corpus the return of him in the above cause & says That he is not the slave of the said Duty deceased nor of the said CoonsCoonsadministrator as above alledged but that he is by the judgement of theCircuit CourtCircuitCircuit CourtCourt of St Louis - County declared to be free - from the Controlor Custody of the Said - CoonsCoons & of all persons & heirsclaiming under him he is ready to verify therefor he prays to be discharged from his imprisonment.
MissouriState ofMissouriMissouri
St. Louis County
The above named JesseJesse being sworn on his oath says that the facts stated in the above denial are true.
JesseJesse his X mark Sworn adn subscribed before me
this 19 July 1845John RulandJn Ruland
clk