We command you To Summon James AJames James AA Little 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 LouisCounty of St. Louis, on the third Mon-day of April next, then and there to answer unto Jane CottonJane Cotton of her petition for freedom this day filed to the damage of said plaintiff dollars: And have you then there this writ.

I acknowledge myself bound for all costs that may accrue in the above cause.

Executed this writ in the County of St LouisCounty of St. Louis February 17th 1848 by reading the writ The . To James AJames James AA Litte the defendant. The declaration he refused to hear.

Summoned Set for Freedom

Petition to be allowed to sue for freedom on motion of the plaintiff by her attorney and is appearing to the satisfaction of the court that the pe tition herein filed sufficient matters to authorize the of a duit, it is ordered that said petitioner be allowed to sue requires security satis factorily to the clerks for all costs that may be adjudged against her, and that she have redeemable liberty to attend her counsel and the Court as may require and that she be not removed ask of this Juris diction of this court and that she be not subject to any severity on account of her application for freedom.

Mo. to restrain 18 p 177 Mo. for attach 18 p 179 Mo. overruled 18 p 208. Defts to declare & Mo. for security p 218 Rejoinder in demr, 18 p 255 With drawn & plea filed 18 p 260 Plea withdrawn. & demr. . with heretofore recalled &. 18 p 262. Demr suit leave to amend & at Plff costs, 18 p 266 Mo. sec. withdrawn. 18 p 279 clerk: Mo for security 18 p 369, Amended declaration filed 18 p 384 Motion for security ordered within ten days or suit dismissed 18 p 389. Dismissed for want of security at plff & exn Dec 4/48 18 p 421

The Petition of Jane CottonJane Cotton Respectfully she with:- that she is now held in slavery by one James AJames A. Little in the city and County of St LouisCounty County of St Louisof St. Louis when she and has a right to be free. And in order to establish this right, she prays to be allowed to suo, for the recovery of her freedom in your Honorable court, and for the following grounds, on which her claim of freedom is founded, to wit she she was born free as she believes, in the Ter-ritory of IllinoisIllinois ; and two years after this Territory had been admitted into the union as a free state, she was brought for into Boonsville MissouriMissouri, where slavery was by law permitted, which Territory of MissouriMissouri, was, when ad-mitted into the union, was thus admitted as a slave state; and the bringing of your petitioner from a free state to a Territory, was when she was in infancy and without knowledge of her rights, and when she had no one to protect her; and since she was thus brought into MissouriMissouri she has been wrongfully held as a slave, and is still so held by one James AJames A Little a resident of Fourth Street, in the city of St LouisSt. Louis your petitioner further states that she was carried to AlabamaAlabama within or to ArkansasArkansas after she was brought to MissouriMissouri and she is not able to set forth any more facts and particulars to sustain this application, but relives upon the testimony which will be addressed in the cause, and the necessity of her witnesses; and your

Petitioner will on pray &c

Personally came before the undersigned, a Justice of the Peace within and for the County afore-said, Jane CottonJane Jane CottonCotton, without having been duly sworn, after the petition had read and by her fully understood, and made oath that the facts and all the particular are true, to the best of her knowledge and belief.

Witnesses for Plaintiff , a complainant. 1. JacobJacob CarrCarr 2. Darcy Wileman, 3. BenjaminBenjamin Philips Esqr. 4. RebeccaRebecca Rittenhouse- 5 John Woods 6 Old Mrs. still all in St. Louis County about six miles South of Belleville, IllinoisIllinois .

Petition in C. Court

Now comes the complainant by her attorny , and suggests to the court the follow-ing facts; that at the time that the order of this court was made, allowing the com-plainant to sue as a poor person for her freedom, she had been by the defendant committed to the jail of St. Louis County, on the official commuttioned of Justice JohnsonJohnson ; and that when the said Little had been apprized of the application of the complainant for the order aforesaid , and after it was made, she he took the said Jane CottonJane Cotton out of Jail and conveyed her away JeffersonJefferson Baracks with a of shipping her off beyond the jurisdiction this court. Therefore she by her attorny, moves that an order be made, that the said Little have the said plaintiff within the jurisdic - tion of this court; that “she be at liberty to attend her counsel and the court as occasion may require and that she be not removed out of the jurisdiction ofthis court,”; and that such order be by this court made that she shall not be any longer subject to any or further security on account of her application for freedom.

Motion in Circuit CourtCircuit Court.

Motion for attachment for contempt . Now comes the complainant in this case and files her motion by attorny, and moves the court to attach the defedant for contempt of this court in in refusing the obediance to the lawful order of the court, and in this that when he was required by said order to allow the petitioner to be within the jurisdiction of the Court to prosecute her suit for freedom, and to have reasonable liberty to attend her counsel and the court, as occasion may require; and that she be not removed from the jurisdiction of the court, and that she be not subject to any severity on account of her application for freedom. He said Little did remove and covered her and it appearing that the said James AJames A Little has violated and disobeyed this order, she by her attorney now moves, the court to attach the said Defendant. to show cause why he has so disobeyed the said order of court; and that such other proceedings, may be had in the case as may be legal suit and equitable in the premisis.

Motion to punish for contempt

And now comes James AJames A. Little who had been served with process in the above entitled case , and , that the declaration in this case is not sufficient in cause , wherefore he prays judge &c

And moves the cause for a rule on the plaintiff to furnish additional security- in, this Cause for the reason that she person whose name seen submitted for security is , and is wholly im-possible.

Motion Withdrawn May 6 1848

241761

188291

53470

Demurres to dec=laration, and Motion for security for cont.

TaylorTaylor pq. Withdrawn May 1st 1848.

You are hereby commanded, that setting aside all manner of excuse and delay, you appear be-fore our Circuit CourtCircuit Court for the county aforesaid, on the Saturday next 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 Jane CottonJane Cotton plaintiff and James AJames A. Little defendant on the part of Little and herein you are in no wise to fail.

Executed this writ April 21th 1848

witnesses for def for Saturday next

You are hereby commanded, that setting aside all manner of excuse and delay, you appear be-fore our Circuit CourtCircuit Court for the County aforesaid, on the 29th: of April 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 Jane CottonJane Cottonplaintiff and Jam A. Little defendant on the part of defdt, and herein you are in no wise to fail.

Executed April 29th 1848

Witnesses for Saturday 29. April

You are hereby commanded, that setting aside all manner of excuse and delay, you appear be-fore our Circuit CourtCircuit Court for the county aforesaid, on the 3rd day of May 1848 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 Jane CottonJane Cotton is plaintiff and James AJames A. Little is defendant on the part of the plaintiff and herein you are in no wise to fail.

Executed except AndrewAndrew Hooper.

Subpoenae

Now comes the plaintiffs by allowing and in the .

Rejoinder

Answered Declaration

Jane CottonJane Cotton (a free person of colour complains of James AJames James AA Little of a plea of trepass and false imprison-ment for that when as heretofore to on the fourteenth day of February in the year of our Lord one thousand eight hundred and forty-eight with the said defendant with force and arms took & dragged the plaintiff, and then and there im-=prisoned her, the said defendant and kept and delivered her in prison a long space of time to wit for the space, of months against the will of the said plaintiff the plaintiff sworn that before and at the time of the said trespass and false imprisonment by the said defendant as aforesaid was and now is a free person and that the defendant did then and now holds her in slavery to the of the said plaintiff five hund=dred dollars

- - Filed 1848

and now comes the defendant, and defends, the demand, of the plaintiff,

Plea, for defendant,

And, now comes, the defendant, and defends the demand of the plaintiff.,

Plea, for defendant,

move the court for additional security, for costs, in the case of Jane CottonJane Cotton, by James AJames A Little, on account, of the insolvancy, of B.smith the present security. TaylorTaylor, is counsel, for dft.

now comes Jane CottonJane Cotton the complainant, and the plaintiff in the case, and makes comm-, -plaint, by attorney complaint, ;

For that, whenas the said defendant, , heretofore, to wit; on the fourteenth day of february, anno Domini, Eighteen hundred and forty eight, did at the county, of St LouisSt.Louis in, the state of MissouriMissouri, violently, and with force hold and keep the said plaintiff and camplainant, Jane CottonJane Cotton, imprisoned, as a slave; and that he now does hold and keep her this plaintiff and complainant as a slave where she, the said, plaintiff and complainant is a free person of color; and that the said defendant did before the date hereof and does, now falsely, imprison complainant, as a slave, when she is a free person, ; and this the plaintiff is ready to verify, ; and therefore she brings this suit for the recovery of her freedom, being now, as heretofor, held as a slave