St. Louis Circuit Court Historical Records Project

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Case Title

Lorinda v. Rufus Pettibone et. al.

Series

Freedom Suits

Plaintiff

Lorinda

Defendant

Pettibone, Rufus

Hatton, Charles B.

Hatton, Sally

Wingfield, Owen

Wingfield, Sally

Voteau, Isaac

Butler, John

Butler, Betsy

Whitesides, John (alias Whiteside; Whitsit)

Hatton, Mitchell

Hatton, Anne

Sanford, Chad

Sanford, Theresa

Whitesides, Lucinda (alias Whiteside; Whitsit)

Date Filed

1825-06-02

1825-07

Next Friend

Clark, Alexander

Filing Date

1825-06-02

1825-07

Plaintiff’s Attorney

Bates, Edward G.

McGirk, Isaac C.

Defendant’s Attorney

Spalding, Josiah

Court Name

St, Louis Circuit Court

Clerk

Gamble, Archibald

Sheriff

Walker, John K.

Brock, Robert

Simpson, R.

Mills, W. L.

Musick, James C.

Sworn Declarant

Musick, Robert

Musick, David

Applegate, Daniel

Musick, Mel

Richardson, James

Lucas, John B. C.

Easton, Rufus

Metz, Elias

Cause of Action

Trespass

Assault

Battery

False Imprisonment

Case Notes

Plaintiff was beaten and imprisoned without probable cause; damages $500

Case Number

11

Identifier

ccr1825.04423.014

Source

Missouri State Archives - St. Louis

Rights

Public Domain

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Transcription

**Lorinda v. Rufus Pettibone et. al.**

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**Page 1** (4423_001.jpg)
> *Legal Function: Plaintiff's Complaint*

State of Missouri
County of St Louis Ss In the Circuit Court
July Term 1825
Lorinda a free girl of color, held in slavery,who
is permitted by the court to sue by Alexander Clark
her next friend as a poor person, who by her attor
nies Edward Bates and Issac C. McGerk assigned
as counsel by said Court, complains of of Ra
feez Pettibone, Charles B Hatton and Sally his $wife
, Owen Wingfield and Sally his wife, Isaac [illegible]
John Butler and Betsy his wife, John Whiteset alias
Whitesides, Mitchel Hattan and Anne his wife, Mr.
Chad Sanford and Theresa his wife, John Whiteset
alias Whitesides , and Lucinda Whiteset, alias Whitesides
of a plea of trespass, for that they the said de
fendants heretofore to wit, on the first day of Janu
ary in the year of our Lord Eighteen hundred and
twenty five, with force and arms at the county of
StLouis , unlawfully an assault did make in and
upon the said Lucinda , and then and there beat
bruised and ill treated her the said Lorinda , and
then and there imprisoned her and kept and de
tained her in prison without any reasonable or
probable cause whatsoever, and have ever since kept
and detained her the said Lorinda in prison &
do still kept and detain her in prison against
her will,contrary to the laws of this state, and other wrongs then and there did to the said Lo
rinda, against the peace of this state, wherefore
the said Lorinda says she is injured and has
sustained damage, to the amount of five hundred
dollars, and therefore she sues &c.

*Bates & McGirk
Attys for plff*

---

**Page 2** (4423_002.jpg)
> *Legal Function: Caption*

No 11 In the Circuit Court
July Term 1825
Lorinda
vs
Rufus Pettibone Et al.
To the Clerk
This is an action of
Trespass, assault &
Battery and false im
prisonment
Issue a Summons
for the Defendants

*Bates & McGirk
Attys P. Q. filed 2nd June 1825 Archd. Gamble Clerk*
> *Legal Function: Summons*

County of St Louis Ss. The State of Missouri To the Sheriff of said County
Greeting
We command you to Summon Rufus Pettibone , Charles B. Hatton and Sally his
wife Owen Wingfield and Sally his wife Isaac Voteau[?], John Butler and Betsy his wife
John Whitset alias Whitesides Mitchel Hatton and Ann his wife Michael Sanford and
Theresa his wife John Whitset alias Whitesides and Lucinda Whiteset alias Whitesides that they
be and appear before the Judge of Our Circuit Court at the next term thereof to be held at
the city of St Louis within and for the County of St Louis on the fourth Monday in July next
then and there to answer unto Lorinda a free girl of color who is permitted by the court to
sue by Alexander Clark her next friend as a poor person of a plea of trespass to the damage
of said plaintiff of five hundred dollars, and have you then there this writ.

*Witness Archibald Gamble Clerk of our Court
at office this second day of June 1825 Archibald Gamble Clerk*

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**Page 3** (4423_003.jpg)
> *Legal Function: Certificate of Service*

Served this writ on Isaac [illegible]
on the ninth day of July
1823 by reading it to him.
On Michael Sandford & [illegible]
his wife in the city of St Louis
by reading the same to them
on the 6th of the same month
The other defendants named
in this writ, are not found
in my County neither have
they a place of abode in my
County [illegible] to me, at [illegible]
[illegible] [illegible] a copy hereof [illegible]
9th 1823
|   |   |   |
|---|---|---|
| Service | 12 non est [illegible] | $ 3:00 |
| 6:00 | | |
| | \$9:00 | |

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**Page 4** (4423_004.jpg)
> *Legal Function: Defendants' Plea of Not Guilty*

November Term [illegible]
And now on this day come Lori Pettibone at [illegible] of
Rufus Pettibone deceased and Michael Landford and [illegible]
his wife and say that they are not guilty of said supposed several trespasses & grievances & wrongs above laid to
their charge and of this they put themselves upon the
Country &c.

*J Spalding[?] Atty filed Nov 29th 1826 A Gamble Clk*

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**Page 5** (4423_005.jpg)
> *Legal Function: Caption*

In the Circuit Court
July Term 1825
No. 11[?]
Lorinda
vs
Rufus Pettibone et al

*The within is a Counterpart of the
writ issued to the Sheriff of the County
of St Louis 2nd June 1825 Archd Gamble Clerk Shff Brocks fees \$2.00 To Franklin Robt Brock Shff*
> *Legal Function: Summons*

County of St Louis Ss The State of Missouri To The Sheriff of the County of Franklin
Greeting
We Command you to summon John Butler and Betsy his wife impleaded with
Rufus Pettibone , Charles B . Hatton and Sally his wife Owen Wingfield and Sally his wife
Isaac Voteau[?] John Whitset alias Whitesides Mitchel Hatton and Ann his wife Michael
Sanford and Theresa his wife John Whiteset alias Whitesides and Lucinda Whiteset alias [illegible]
Whitesides that they be and appear before the Judge of our Circuit Court at the next
Term thereof to be held at the City of Saint Louis within and for the County of St Louis
on the Fourth Monday in July next then and there to answer unto Lorinda a free
Girl of color who is permitted by the court to sue by Alexander Clark her next friend
as a poor person of a plea of trespass to the damage of said plaintiff of five hundred
dollars and have you then there this writ

*Witness Archibald Gamble Clerk of our Court
at office this second day of June One Thousand
eight hundred and twenty five Archibald Gamble Clerk*

---

**Page 6** (4423_006.jpg)
> *Legal Function: Certificate of Execution*

Executed the within writ on John Butler and Elizabeth
Butler his wife in Newport Beouff[?] Township Franklin
County by reading the same to them and in their
hearing on the 14 th day of June 1825

*Robt Brock Shff
[illegible]*

---

**Page 7** (4423_007.jpg)
> *Legal Function: Subpoena*

County Of St. Louis , Sct.
State of Missouri , To The Sheriff Of Saint Louis County....Greeting:
You are hereby commanded to Summon Robt Musick David Musick
Daniel Applegate Mel Musick James Richardson
J. B C Lucas
that setting aside all manner of excuse and delay, they be and appear in proper person before the Judge of our
Circuit Court , on the twenty ninth day of November at the City 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
Lorinda is plaintiff, and
R Pettibone [illegible] is defendant, on the part of the
Defendant [illegible] have you then there this writ.

*Witness, Archibald Gamble , Clerk of our said Circuit Court , at
the City of St. Louis , this twelfth day of October
in the year of our Lord, one thousand eight hundred and twenty six Archibald Gamble Clerk C. C.*
> *Legal Function: Certificate of Execution*


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**Page 8** (4423_008.jpg)
Executed this writ Oct 21 1825 on David Musick, [illegible] Musick
and James Richardson by reading to then the same
R Simpson Shff
> *Legal Function: Certificate of Execution*

Executed this writ Oct 20 on J B C Lucas by reading to him the same
Executed the within subpoena on Robert Musick
by reading the same to him this 3rd Nov 1826
Danl[?] Applegate not found

*James C Musick D Shff
for R Simpson Shff Fees \$2.62 [illegible]*
> *Legal Function: Caption*

November Term
1826
St St. Louis Circuit Court Lorinda
vs
R Pettibone [illegible]
For
Robt Musick
David Musick
Daniel Applegate
Mel Musick
Jas Richardson
J B C Lucas
for
Defendant

*29th November 1826*

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**Page 9** (4423_009.jpg)
> *Legal Function: Subpoena*

County Of St. Louis , Sct.
State of Missouri , To The Sheriff Of St Charles CountyGreeting:
You are hereby commanded to Summon Rufus Easton
that setting aside all manner of excuse and delay, he be and appear in proper person before the Judge of our Circuit
Court , on the 29th day of November instant at the City 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 Lorinda
is plaintiff, and Levi Pettibone administra
tor of Rufus Pettibone is defendant, on the part of the defendant and
have you then there this writ.

*Witness, Archibald Gamble , Clerk of our said Circuit Court , at the
City of St. Louis , this 22d day of November
in the year of our Lord, one thousand eight hundred and twenty six Archd Gamble Clerk C. C.*

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**Page 10** (4423_010.jpg)
> *Legal Function: Caption*

St Louis Cricuit Court
Lorinda
vs
adm of R Pettibone
Subpoena
for
Rufus Easton
for defendant
29 Novr.[?]
> *Legal Function: Certificate of Execution*

not served for want of Time
14th December 1826

*W.L. Mills Shff*

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**Page 11** (4423_011.jpg)
> *Legal Function: Subpoena*

County Of St. Louis , Sct.
State of Missouri , To The Sheriff Of St Louis County...Greeting:
You are hereby commanded to Summon Robert Musick -David Musick
Daniel Applegate Mel Musick James Richardson
John B .C Lucas
that setting aside all manner of excuse and delay, they be and appear in proper person before the Judge of our
Circuit Court , [illegible] forthwith [illegible] at the City 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
Lorinda is plaintiff, and Rufus
Pettibone's Administrator is defendant, on the part of the
defendant and have you then there this writ.

*Witness, Archibald Gamble , Clerk of our said Circuit Court , at
the City of St. Louis , this 21st day of August
in the year of our Lord, one thousand eight hundred and twenty six Archibald Gamble Clerk C. C.*

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**Page 12** (4423_012.jpg)
> *Legal Function: Caption*

July Term 1826
[illegible]
Lorinda
vs
R Pettibones Adm
for
Robt Musick
David Musick
Daniel Applegate
Mel Musick
James Richardson
J B C Lucas
for
defendant,

---

**Page 13** (4423_013.jpg)
> *Legal Function: Attachment*

The State of Missouri ,
County Of St. Louis ,
sct. To the Sheriff of said county—Greeting:
We command you to attach Elias Metz & Jas Richardson
if they may be found within your bailiwick, and bring them forth
with before the judge of our circuit court, now sitting at the city of St .
Louis , within and for the county of St. Louis , then there to answer
unto the State of Missouri , touching a certain contempt by them com
mitted, in not attending as a witness in a case of Lorinda
plaintiff, and [illegible] [illegible] of Rufus
Pettibone is defendant, on the part of the Plaintiff
after being legally summoned by the sheriff of the said
county, and have you then there this writ.

*Witness A Gamble clerk of our said court
at the city of St. Louis , this 30th day of March
in the year of our Lord one thousand eight hundred and twenty six
and of our independence the A Gamble Clerk*

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**Page 14** (4423_014.jpg)
> *Legal Function: Attachment*

Peter Peter
Peter Peter
Peter & Paul
[illegible] & Paul
3636.960000
17.76.96.000
3636360
36.36300
32.36.3000
32.01.3000[?]
[illegible]
> *Legal Function: Caption*

March 1826
Lorinda
vs Pettibones adm
for Elias Metz
James Richardson
attachment

*Jn K Walker Shff fees[?] [illegible]*
> *Legal Function: Unknown*

[illegible]
[illegible]