Theotiste alias Cathicthe v. Pierre Chouteau

Item

Theotiste Alias Cathicthe V. Pierre Chouteau. 1827, St. Louis Circuit Court Historical Records Project, accessed October 7, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60688

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Case Title: Theotiste alias Cathicthe v. Pierre Chouteau
Series: Freedom Suits
Plaintiff: Theotiste, alias Cathicthe
Defendant: Chouteau, Pierre
Date Filed: 1827-07-25
Filing Date: 1827-07-25
Plaintiff’s Attorney: Darby, John F.
Defendant’s Attorney: Hempstead, Charles S.
Court Name: St. Louis County Court
Court Term: 1827-07
Clerk: Gamble, Archibald
Justice of the Peace: Ferguson, Peter
Sheriff: Simpson, Robert; Murdick, Jas; Simonds, J.; Guyler, D.
Sworn Declarant: Sarpy, John B.
Cause of Action: Trespass; Assault; Battery; False Imprisonment
Case Notes: Plaintiff also known as Catiche; plaintiff born in Prairie du Rocher, Illinois, in 1782 in the possession of Bourbeau family, later sold to Manuel Lisa; after Lisa's death plaintiff was sold at public sale to defendant.
Case Number: 6
Identifier: ccr1827.01001.033
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **Theotiste alias Cathicthe v. Pierre Chouteau**

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**Page 1** (1001_001.jpg)
> *Legal Function: Petition*

To the Honuorable Circuit Court of the County
of St. Louis , July Term 1827
The petition of Theotiste alias Cathicthe, a woman of
colour, represents, that she was born in Prairie Durocher
in the now State of Illinois, in the family and possession
of Bourbeau, then[?] an inhabitant of Illinois;
That your petitioner was reared and brought up in a state
of slavery in Prairie Durocher, in the possession of said
Bourbeau[?], and remained in his family till
about nine or ten years ago, when she was brought to
this State, then [illegible] the Territory of Missouri , where
she was sold to Manuel Lesa; That said Lesa
held your petitioner in slavery untill his death, after
which she was sold at public sale and was bought
by Pierre Chouteau , junior, who still holds, her, and
exercises authority over her as a slave, by hiring her
and receiving the profits therefore, and by exercising
all manner of control over her, And your petitioner
represents that she is advised and believes, that being
born in the now state of Illinois , and having been
brought up there, that she is, according to the laws of
the land entitled to her freedom from slavery, to exercise
[illegible] and enjoy her natural liberty, of which she
has been unjustly deprived. And your petitioner represents,
that She can prove and establish the fact of her birth
and residence in Illinois, by persons who reside there.

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**Page 2** (1001_002.jpg)
Your petitioner therefore prays that this honorable Court
will permit and order that your petitioner be allowed
and permitted to institute suit for her freedom, against
the said Pierre Chouteau , junior, in this honorable Court,
and that she be permitted to sue as a poor person,
according to the form of the statute in that case made
and provided: and your petitioner will ever pray, etc.[?]

*Peter Ferguson
Theotiste, alias Cathicthe
her mark*
> *Legal Function: Notarization*

State of Missouri
County of St. Louis
[illegible]
Personally appeared before me the
undersigned a Justice of the Peace within and for
the County and State aforesaid Theotiste, alias Cathiche[?]
a woman of colour, the same person who subscribed
the foregoing petition, who being sworn by me, upon
her oath saith: [illegible] that the facts set forth in the foreg[?]-
going petition by her subscribed, as stated upon
her own knowledge are true, and those stated upon
the information by hearsay of others, she verily believes
are true and can be proved, and further, that she
knows of no person who can prove the facts stated in
her petition, to whom she thinks she could safely
confide her intention of initiating a suit for her freedom,
without incurring the hazard of being deprived of the
opportunity of making this application, by being sent out
of the jurisdiction of this court..

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**Page 3** (1001_003.jpg)
> *Legal Function: Certificate of Filing*

Petition of
Theotiste alias Cathicthe
a woman of color

*filed July 25th 1827 A G Clerk*

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**Page 4** (1001_004.jpg)
> *Legal Function: Affidavit of Peter Ferguson*

Sworn to and subscribed before me
this 24 July 1827

*Peter Ferguson Justice of the peace
Country St. Louis State of Missouri Theotiste alias Catiche
her [illegible]
mark*

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**Page 5** (1001_005.jpg)
> *Legal Function: Complaint*

State of Missouri
County of St. Louis [illegible]
In the Circuit Court ,
July Term 1827.
Theotiste alias Cathicthe Catiche , a free woman of
colour, held in slavery, who is permitted by the Court
to sue, as a poor person, who by her attorney John F
Darby assigned as counsel by said Court, Complains
of Pierre Chouteau Jr . of a plea of trespass, for
that heretofore to wit, on the first day of January
one thousand eight hundred and twenty-seven, Anno
Christi, with force and arms at the County of Saint
Louis , unlawfully an assault did make in and upon
the said Theotiste alias Cathicthe Catiche and then and there
did beat, bruise, wound and ill treat, her the said
Theotiste alias Cathicthe Catiche , and her the said Theotiste
alias Cathicthe Catiche then and there unlawfully and injuriously,
against the will and without the consent of the said
Theotiste alias Cathicthe Catiche and also against the laws of
this state, without any legal warrants, authority, or
justifiable cause did imprison &
detain; and hath ever since kept and detained her the
said Theotiste alias Cathicthe Catiche and still doth keep and
detain her in prison; and other wrongs to the said
Theotiste alias Cathicthe Catiche then and there did against
the peace of the state and the said Catiche doth aver that before and at the time of the committing the grievances she was & still is a free person & is held in slavery by said Pierre. Wherefore the said Theotiste
alias Cathicthe Catiche says she is injuried and has sus-
tained damage to the amount of five hundred dollars,
and therefore she sues &c

*Darby for plff*
> *Legal Function: Summons*

County of St Louis
The State of Missouri To the Sheriff of said Country Greeting:
We commmand you to summon Pierre Chouteau Junior
that he 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 of November next
then and there to answer unto Theotiste alias Catiche of a plea
of trespass to the Damage of the said Theotiste alias Catiche

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**Page 6** (1001_006.jpg)
of five hundred dollars and have you then share their writ

*Witness
Archibald Gamble Clerk of our said
Court at office this 30th day of July 1827
Archibald Gamble Clerk*
> *Legal Function: Order*

St. Louis Circuit Court
July Term 1827
Theotiste alias Catiche
vs
Peter Chouteau
July 25th 1827
John F Darby presents the petition of Theotiste alias Catiche
praying that she may be permitted to institute suit against
Peter Chouteau Junior to establish her right to freedom and
that she may be permitted to sue as a poor person thereupon the
Court permits the said Theotiste alias Catiche to sue as aforesaid
and direct that an action of assault and battery and false impris-
onment be commenced against the said defendant in the name of
the said Theotiste Alias Catiche and assign John F Darby Esquire
as her counsel and is it ordered by the court that the said defendant
[illegible] permit the permit the plaintiff to have a reasonable liberty of attending
her counsel and the Court when occasion may require it and that
the said plaintiff shall not be taken or removed out of the jurisdiction
of this Court and that she shall not be subject to any severity of
treatment on account of her said application for freedom
A True Copy of the Order

*Archibald Gamble Clerk*

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**Page 7** (1001_007.jpg)
> *Legal Function: Certificate of Filing*

\>No 6
In [illegible] Circuit Court
Nov Term 1827
Theotiste alias Cathicthe Catiche
vs Pierre Chouteau Jr .
Decl.[?]
This is an action of
trespass assault and battery
& false imprisonment
Let a summons issue

*Darby P. Q.
Filed 30th July 1827
Archd Gamble Clerk[?]*
> *Legal Function: Certificate of Execution*

Executed this writ on Pierre Chouteau
to him the writ & order of court the declaration he
himself read and acknowledged service July
30th 1827

*R Simpson Shff
Service \$1.00*

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**Page 8** (1001_008.jpg)
> *Legal Function: Answer*

Saint Louis County court
In the Circuit Court November Term 1827
Pierre Chouteau Jr
ats
Theotiste alias
Catiche
And the said Pierre Chouteau in
by C. J. Hempstead his atty comes and defends
the force and injury when etc[?] and says that he is
not guilty of the said supposed trespasses above laid
to his charge & any part thereof, in manner and form
as the said Theotiste alias Catiche hath above thereof
complained against him, and of this he the said Pierre
Chouteau Jr puts himself upon the County &c by

*Chas Hempstead his atty*
> *Legal Function: Reply*

Theotiste, alias Catiche
vs
Pierre Chouteau Jr
And the said plaintiff, by Darby her
attorney doth the like.

*Darby for the plff*

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**Page 9** (1001_009.jpg)
> *Legal Function: Certificate of Filing for Defendant's Plea of Not Guilty*

Pre Chouteau Jr[?]
[illegible]
Theotiste, alias Catiche
Plea not [illegible] Guilty

*Filed 18th December 1827
Arch Gamble Clerk*

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**Page 10** (1001_010.jpg)
> *Legal Function: Summons*

County of St. Louis , Sct.
The State of Missouri , To the Sheriff of Saint Louis County--Greeting:
You are hereby commanded to summon Peter Perry - Madame D'Loria- Francois
Caillow
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 Second day of April , 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 Theotiste alias Catiche is plaintiff,
and Pierre Chouteau Jr is defendant,
on the part of the plaintiff; and have you then there this writ.

*Witness, Archibald Gamble , Clerk of our said Circuit
Court , at the city of St. Louis , this First day of
March in the year of our Lord one thousand eight
hundred and twenty Eight
Archibald Gamble Clerk C. C.*

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**Page 11** (1001_011.jpg)
> *Legal Function: Certificate of Execution*

March Term 1828
Theotiste alias Catiche
vs
Pierre Chouteau Jr
for Peter Perry
[illegible] Madame D'Loria [illegible]
[illegible] Francois Cailloux [illegible]
for Plaintiff
2nd April
> *Legal Function: Certificate of Execution, part 2*

Executed this writ on Francois Calloux March 11 on
Madame De Loria March the 19th 1828, by
reading
to them the same
Peter Perry not found

*Jas C Murdick D Shff[?]
Service 1.00
[illegible] - [illegible]*

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**Page 12** (1001_012.jpg)
> *Legal Function: Summons*

County of St. Louis , Sct. The State of Missouri , To The Sheriff of S Louis County--Greeting:
You are hereby commanded to summon Jn B Perin[?],
Mad Bazile Mad Dubay & Ephraim Town
Mrs Town
that, setting aside all manner excuse and delay, they be and appear in proper person before the Judge
of our Circuit Court , on the 2nd day of April , 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 Theotiste alias Catiche is plaintiff,
and P. Chouteau Jr . defendant,
on the part of the Plff ; and have you then there this writ.

*Witness, Archibald Gamble , Clerk of our said Circuit
Court , at the city of St. Louis , this 27th day of
March in the year of our Lord one thousand eight
hundred and twenty eight
A Gamble Clerk C. C.*

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**Page 13** (1001_013.jpg)
> *Legal Function: Certificate of Execution*

Executed this writ on John Perin[?]
Bazile . Mad. Dube. & Eph Town April 1828
by reading to then the same On Mrs Town
by a copy left at her and was with a white
person over 15 years of age & a member of her family
Service 2.50 R. Simpson

*[illegible]*
> *Legal Function: Caption*

March 1828
Theotiste alias
Catiche
vs
P Chouteau
for
Jn B Perin[?]
Mad Bazile
Mad Dube
Eph Town
Mrs Town
[illegible] 2nd April for
Plff

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**Page 14** (1001_014.jpg)
> *Legal Function: Summons*

County of St. Louis . Sct. The State of Missouri , To The Sheriff of Saint Louis County -- Greeting:
You are hereby commanded to summon John B Perin[?] - Mde Bazile - Mde
Dubay -
Ephraim Town - Mrs E Town - Madam D'Loria - Francois Cailloux
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 Thirty First day of July , 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 Theotiste alias Catiche is plaintiff,
and Peter Chouteau Junior is defendant,
on the part of the plaintiff; and have you then there this writ.

*Witness, Archibald Gamble , Clerk of our said Circuit
Court , at the city of St. Louis , this Sixteenth day of
June in the year of our Lord, one thousand eight
hundred and twenty eight
Archibald Gamble Clerk C. C.*

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**Page 15** (1001_015.jpg)
> *Legal Function: Listof Witnesses for Plaintiff*

July 1828
Theotiste alias Catiche
vs
Peter Chouteau Jr.
for John B Perin[?]
Madam Bazile
" Dubay
Ephraim Town
Mrs E Town
Madame D'Loria
Francis Cailloux
for Plaintiff 31st July

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**Page 16** (1001_016.jpg)
> *Legal Function: Summons*

County of St. Louis , Sct. The State of Missouri , To The Sheriff of Saint Louis County--Greeting:
You are hereby commanded to summon Peter Perry - Madame D'Loria
Francois Cailloux - Made Bazile - Mde Dubay -
Ephraim Town
and Mrs Ephraim Town
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 27th 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 Theotiste alias Catiche is plaintiff,
and Peter Chouteau Junior is defendant,
on the part of the plaintiff; and have you then there this writ.

*Witness, Archibale Gamble, Clerk of our said Circuit
Court , at the city of St. Louis , this seventh day of
October in the year of our Lord, one thousand eight
hundred and twenty eight
Archibald Gamble Clerk C. C.*

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**Page 17** (1001_017.jpg)
> *Legal Function: Certificate of Execution*

November Term 1828
Theotiste alias Catiche
vs
Peter Chouteau Jr"
for Peter Perry -
Madam D'Loria
Francis Caillouz 27-
Mde Bazile
"[?] Dubay
[illegible] Ephraim Town
Mrs E Town out
27th November for Plff
> *Legal Function: Certificate of Execution*

Executed this writ on Ephraim Town Nov 3rd- on Madam
Dubay Nov 26th on Francis Cailloux Nov 27th- Peter
Perry - Madam DLoria, Madam Bazile & Mrs
E Town not found-
|   |   |
|---|---|
| Sumen[?] | 1.50 |
| 4 N E - | 50 |
| | [illegible] |

*[illegible] RSimpson Shff
by J Simonds DShff*

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**Page 18** (1001_018.jpg)
> *Legal Function: Summons*

County of St. Louis , Sct. The State of Missouri , To The Sheriff of Saint Louis County--Greeting:
You are hereby commanded to summon Madam - La Chappelle - Madame Rocheblave & John B. Perran
that, setting aside all manner of excuse and delay, they be and appear in proper in person before the Judge
of our Circuit Court , on the 27th 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 Theotiste alias Catiche is plaintiff,
and Peter Chouteau Jr is defendant,
on the part of the plaintiff; and have you then there this writ.

*Witness, Archibald Gamble , Clerk of our said Circuit
Court , at the city of St. Louis , this 23rd day of
October in the year of our Lord one thousand eight hundred and twenty eight
Archibald Gamble Clerk C. C.*

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**Page 19** (1001_019.jpg)
> *Legal Function: Certificate of Execution*

Executed this and writ on Madm La Chappelle &[?]
Madm
Rocheblave[?] Nov 27 [illegible]
Service 1.00

*[illegible]
by R Simpson Shff D Guyler DShf*
> *Legal Function: Caption*

November Term 1828
Theotiste alias Catiche
vs
Peter Chouteau Jr.
for Mde La Chappelle 27-
Mde Rocheblave 27-
John B . Perran
for defendant 27th
November 1828

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**Page 20** (1001_020.jpg)
> *Legal Function: Summons*

County of St. Louis , Sct. The State of Missouri , To The Sheriff of S.Louis County--Greeting:
You are hereby commanded to summon Madame Dube Madame Rocheblave
John Baptiste Perran
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 forthwith day of, 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 Theotiste alias Catiche is plaintiff,
and
Pierre Chouteau Jr is defendant,
on the part of the pltff ; and have you then there this writ.

*Witness, Archibald Gamble , Clerk of our said Circuit
Court , at the city of St. Louis , this 29th day of
November in the year of our Lord one thousand eight
hundred and twenty eight Archibald Gamble Clerk C. C.*

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**Page 21** (1001_021.jpg)
> *Legal Function: Certificate of Execution*

Executed this writ on Madam Duba Decr 1st - on Madame
Rocheblave Decr 2nd 1828 in the
City of St. Louis
John B . Perrin not found Decr 3rd 1828

*Jn Simonds Dp Shff
Service \$1.50
non Ext[?] \$1.125*
> *Legal Function: Caption*

Theotiste alias Catiche
vs
Pierre Chouteau Jr
Subp[?]
Madame Dube x
Madame Rocheblave x
Jn Baptiste Perran x
forthwith
for plaintiff

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**Page 22** (1001_022.jpg)
> *Legal Function: Summons*

County of St. Louis , Sct. The State of Missouri , To The Sheriff of St Louis County--Greeting:
You are hereby commanded to summon Pierre Menard
Louis Menard
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 forthwith , 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 Theotiste alias Catiche is plaintiff,
and Pierre Chouteau Jr defendant,
on the part of the Pltf ; and have you then there this writ.

*Witness, Archibald Gamble , Clerk of our said Circuit
Court , at the city of St. Louis , this Second day of
Decr in the year of our Lord one thousand eight
hundred and twenty eight Archibald Gamble Clerk C. C.*

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**Page 23** (1001_023.jpg)
> *Legal Function: Certificate of Execution*

Executed this writ on Louis Menard
Decr 3rd 1828 in St Louis

*D. E. Guyler Dp Shff[?]
Service \$0.50*
> *Legal Function: Caption*

Theotiste alias
Catiche
vs
P. Chouteau Jr
for
Louis Menard
forthwith for
Pltf

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**Page 24** (1001_024.jpg)
> *Legal Function: Summons*

County of St. Louis , Sct.
The State of Missouri , To The Sheriff of St Louis County--Greeting:
You are hereby commanded to summon Madme Rochblave[?] - Baptiste
Roy Alexis Tebeau, Madme
Alexis Blondeau[?]
that, setting aside all manner of excuse and delay, he be appear in proper person before the Judge
of our Circuit Court , on forthwith , day of 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
Catiche is plaintiff,
and Peter Chouteau jr 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 3d day of
December in the year of our Lord, one thousand eight
hundred and twenty eight Archibald Gamble Clerk C. C.*

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**Page 25** (1001_025.jpg)
> *Legal Function: Certificate of Execution*

Executed this writ on Baptiste Roy, Madme[?]
Rocheblave and Madme[?] Blondeau Dec. 6 1828
by reading to them the same - Elexis Teabeau[?]
not found
|   |   |
|---|---|
| Service | \$1.50 |
| 1 N Ext[?] | [illegible] |

*[illegible]*
> *Legal Function: Caption*

Catiche
vs
[illegible] Chouteau jr
Baptiste Roy
Alexis Tebeau[?]
Madme Rochblave[?]
Madme Blondeau[?]
in for dft forthwith[?]

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**Page 26** (1001_026.jpg)
> *Legal Function: Summons*

County of St. Louis , Sct. The State of Missouri , To The Sheriff of St Louis County--Greeting:
You are hereby commanded to summon Joseph Charles
S. Hempstead Sr. John B. Perran
Mad Dube Ephriam Town & Mrs E Town[?]
& Ephriam Town[?]
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 9th day of Decr , 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 Theotiste alias Catiche plaintiff,
and Pierre Chouteau Jr defendant,
on the part of the Pltf ; and have you then there this writ.

*Witness, Archibald Gamble , Clerk of our said Circuit
Court , at the city of St. Louis , this 8th day of
Decr in the year of our Lord one thousand eight
hundred and twenty eight
A Gamble Clerk C. C.*

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**Page 27** (1001_027.jpg)
> *Legal Function: Certificate of Execution*

Executed this upon Joseph Charles Sr Stephen
Hempstead Senr[?]. John B. Perran, Mad Dubey Ephriam[?]
Town & Mrs Ephriam Town[?] by reading the same to
each of them Decr. 8th 1828-
Service $ 3.00

*R Simpson Shff
[illegible]*
> *Legal Function: Caption*

Theotiste alias
Catiche
vs
P. Chouteau Jr
for
Joseph Charles Sr
S. Hempstead Sr
Jn B Perran[?]
Mad Dube
Ephriam Town[?]
Mrs E Town
9th Dec for
Pltf

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**Page 28** (1001_028.jpg)
> *Legal Function: Motion for an Appeal*

Theotiste alias Catiche
vs
Pierre Chouteau Jr
In the St. Louis Circuit Court
November Term 1828.
suit for freedom in form of an
action of assault & Battery and
false imprisonment.
The plaintiff in the above cause states that she
feels her=self aggrieved by the decision or judgment
in the
Circuit Court in the above case, and wishes to
take an appeal to the
Supreme Court , and this affiant
further states that the application for an appeal is
not made for the purpose of [illegible] or delay, but be-
cause the affiant verily believes she that herself the present applicant
and plaintiff in the above case, aggrieved by the decision
or judgment upon which this appeal is prayed

*Sworn to and Subscribed
before me 9th December 1828
Peter Ferguson Justice
of the peace County St Louis
Theotiste alias her X mark Catiche .*

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**Page 29** (1001_029.jpg)
> *Legal Function: Certificate of Filing*

Filed December 1828

*Archibald Gamble Clerk*

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**Page 30** (1001_030.jpg)
> *Legal Function: Affidavit of John B. Sarpy*

Theotiste alias Catiche
vs
Pierre Chouteau jr
In St. Louis Circuit Court
John B Sarpy agent for said
Defendant being duly sworn says, that he is
informed and believes it true that this is an action
brought for freedom from Slavery, on the ground of
her being born in the late Northwestern Territory
at Prairie du rocher[?] in the present state of Illinois-
this affiant further states, that he is informed and
believes it true, that a Copy (authorized
according to law) of the Register of births and baptisms
in the village of prairie du rocher[?] is material
testimony for said Defendant in this cause, inasmuch
as this affiant is informed and believes true, that
the age of said plaintiff, and the time she was
baptized can be proved by said Register, and
this affiant does not know of any other testimony
by which the same facts can be proved, without
which this affiant verily believes, said defendant
cannot safely go to trial; This affiant further
states, that he is informed and believes it
true, that in order to obtain said testimony
said Defendant before the present term of this
Court, obtained a [illegible] to State of Illinois
and caused due notice to be served on the
plaintiffs attorney that depositions for said defendant
would be taken at said village of Prairie du
rocher[?] at the house of Henry Connor Esq in said
village sometime during the week preceding the
present term of this Court, and that the papers
were sent in time by mail to Col Peter Menard
of Kaskaskia to have said deposition taken.

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**Page 31** (1001_031.jpg)
But if said testimony has been taken this affiant does
not know, he is informed no deposition has been received
by the Clerk of this Court in this cause; this affiant
further states he does not know of any witness within the
reach of the process of this Court who can prove the
time and place of said plaintiffs birth, and that by
the next term of this count, the verily said testimony can be had

*John B Sarpy Sworn to in open court Dec 3rd 1828 A Gamble Clerk*
> *Legal Function: Affidavit of Charles S. Hempstead*

Charles S Hempstead being duly sworn says
he obtained the [illegible] and gave the notice to take
depositions as stated in J. B. Sarpys[?] affidavit-
and sent the same with instruction what testimony
to take and how to take it, to Col P. Menard
of Kaskaskia who promised this affiant personally to
attend to taking said depositions; [illegible] enclosed in
a Letter to said Col. Menard by mail, in time before
the said depositions were to be taken-the depositions
have not arrived-that he knows of

*Chas S. Hempstead Sworn to in open
court Dec 3rd 1828 A Gamble Clerk*
> *Legal Function: Caption*

November Term 1828
Theotiste alias Catiche
vs
Peter Chouteau Jr
-affidavit-

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**Page 32** (1001_032.jpg)
> *Legal Function: Bill of Exceptions*

Theotiste alias Catiche
vs
Pierre Chouteau, Jr
Suit for freedom in the Saint Louis
Circuit Court , tried at the November
Term of said Court 1828. In form of
an action of assault &[?] Battery & false
imprisonment.
Be it remembered that on the trial of this cause it was proved
that the plaintiff was born at Prairie Du Rocher , in that part of the
the late North Western Territory of the United States , which now forms
the state of Illinois, in the month of January 1782: That said plain-
tiff was born a slave in the family of W Barbeau a French inhabitant[?] [illegible] of the
village of Prairie Du Rocher , by whom she was held as a slave at
Prairie Du Rocher from the time of the birth of said plaintiff until
the death of said Barbeau[?] which happened some ten or fifteen years
after the birth of said plaintiff. That said plaintiff was sold as
a slave at Prairie Du Rocher , after the death of said Barbeau[?] by
the executor of said Barbeau[?] or some other person, who claimed
her as a slave &[?] who held said plaintiff in slavery in said late
North West Territory of the U. States , now state of Illinois , by title
derived form, said Barbo. That in or about the year 1809 or 1810 said
plaintiff was brought from said North West Territory of the United
States , now state of Illinois, by a person claiming title to her as
a slave & by whom she was held in slavery, under title derived
from Barbo, Barbeau[?] to St. Louis in the then territory, now state of Missouri
where she was sold as a slave to one Manuet Lisa ,[?] under title
derived from whom the present defendant claims the defendant [illegible]as his slave
where said plaintiff has been held in slavery from the time that
she was first brought to St. Louis , to the commencement of this
Suit. No other evidence was given in the cause by either party. The counsel for the plaintiff asked the court to give the
following instruction to the Jury, Viz. "That if the jury believe from the evidence, that the plaintiff
was born in the late North Western Territory of the United States ,
now state of Illinois , in the year 1782 and was held there as
a slave, since the 13th July 1787, and has since been held as
a slave, they ought to find for the plaintiff." Which instruction the Court refused to give to the jury-to which
refusal the plaintiff of the Court, the plaintiff, by her counsel
excepts. The Court then instructed the Jury, that if they be-
lieved from the evidence that the plaintiff was a slave born in the late
North Western Territory of the United States , in that part of said
Territory, which now formed the state of
Illinois , prior to the
13th July 1787 nonwithstanding she[?] and has been held in slavery there since
that time, they ought to finds for the plaintiff defendant.

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**Page 33** (1001_033.jpg)
To the giving of which last mentioned instruction, given
by the Court to the Jury, the plaintiff, by her counsel
excepts, and prays the Judge of the Court to allow the
exceptions and sign and seal the same for a testimony
in the cause, and that the Court will permit this her bill
of exceptions to be filed and become part of the record
in this cause, which is done accordingly

*Will C. Carr*
> *Legal Function: Certificate of Filing*

Theotiste or Catiche
vs
Peter Chouteau Jr.
Filed 23rd December 1828

*Archibald Gamble Clerk*

Item sets: All Circuit Court Records; Freedom Suits Case Files, 1814-1860; Circuit Court Cases

Theotiste Alias Cathicthe V. Pierre Chouteau. 1827, St. Louis Circuit Court Historical Records Project, accessed October 7, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60688