Marianne, a person of color v. Elijah Mitchell, Alexander J. Fields

Item

Marianne, a Person of Color V. Elijah Mitchell, Alexander J. Fields. 1832, St. Louis Circuit Court Historical Records Project, accessed October 8, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60769

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Case Title: Marianne, a person of color v. Elijah Mitchell, Alexander J. Fields
Series: Freedom Suits
Plaintiff: Titus, Marianne
Defendant: Mitchel, Elijah; Field, Alexander P.
Date Filed: 1832-05-23
Next Friend: Titus, Lydia
Filing Date: 1832-05-23
Plaintiff’s Attorney: Geyer, Henry S.; Bird, Gustavus A.; Strother, George French
Defendant’s Attorney: Foreman, Stephen W.
Court Name: St. Louis Circuit Court|County of Monroe, State of Illinois
Court Term: 1832-07
Judge: Carr, William C.
Clerk: Gamble, Archibald; Cook, Nathan; G., Daniel
Justice of the Peace: Roberts, Thomas M.
Sheriff: Walker, John
Sworn Declarant: Shook, Solomon; Everett, William; Everett, Kitty; Winn, Daniel; Hammond, George
Jury Foreman: Daniel, Samuel
Cause of Action: Trespass; Assault and Battery; False Imprisonment
Case Notes: Defendant also spelled Alexander P. Fields; plaintiff alleged defendants kidnapped her & her siblings despite the fact they lived as free people in Illinois; sought $500 damages.
Disposition: verdict for plaintiff
Case Number: 51
Identifier: ccr1832.06754.035
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **Marianne, a person of color vs. Elijah Mitchell, Alexander J. Fields**

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**Page 1** (6754_001.jpg)
> *Legal Function: Habeus Corpus Petition*

To the Honourable the Judge of the Circuit Court
within & for the county of St Louis
The petition of Marianne a person of color
by Lydia her next friend represents.
That Lydia Titus the mother of your
petitioner was formerly thed slave of one
Elisha Mitchel now deceased, that said
Mitchel removed to the [illegible] North court
of the Ohio now state of Illinois, and remained
there, holding said Lydia there as a slave
on the year 1807 or about that time — That
after the death of said Mitchel , his [illegible]
Lenny Mitchel administered on his estate
and said Lydia brought suit against
said Administration, in the general court
of the territory of Illinois , in the year 1809 and
that said Lydia was by the said court in said suit adjudged to the plea — that
your petitioner was born of said Lydia
after said judgment. And since her
death has resided with her said mother
and her brothers & sisters in the territory
[illegible] Illinois in the [illegible] in
judgment of het liberty until within a
few days, when she was arrested and
imprisoned by one Alexander P Fields
and Elijah Mitchel and brought to the
city of St. Louis there she is now held im
prisoned and detained as a slave by
said Fields & Mitchele
who threaten and intend to remove
her immediately out of this state and
hold or sell her as a slave and that
unless, said Fields is prevented by the order
of your honor he will not allow your petitioner
to remain in this state & prosecute her claim
to freedom — your petitioner therefore prays
that she may be allowed to sue as a
poor person and that such order may
be [illegible] proceedings had in the

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**Page 2** (6754_002.jpg)
premises, as shall be according to law
and justice

*Marianne by Lydia
her next friend*
> *Legal Function: Notarization*

This day personally appears Nathan Cole
and makes oath that the petitioner is entitled
to her freedeom as stated on the petition and
that this officiant verily believes that said
Fields Mitchel & others are about to remove her
out of this state with intent to hold her
in slavery and to prevent her prosecuting
her claim to freedom

*Nathan Cook*
> *Legal Function: Order*

County of St Louis Sct
Upon the facts stated in the fore
going petition & affordant. It as ordered that
the petitioner Marianne be permitted to sue
as a poor person to establish her right
to freedom and Henry & [illegible]
is assigned as counsel for said petitioner
And I & do further order adjudge and direct
that the petitioner have reasonable liberty to
attend her counsell and the court when
occasion may require and that the petitioner
shall not the taken or removed out of the
jurisdiction of the Circuit Court of St. Louis County
nor be subject to any severity on account
of her application for freedom

*Given under my hand at my chamber
this 23, May 1832 Will C. Carr*

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**Page 3** (6754_003.jpg)
> *Legal Function: Complaint*

In Jefferson St. Louis the Circuit court
July Term 1832
County of St. Louis fit
Mary Ann a person of color by law of the
court here permitted to sue as a poor person by her next friend [illegible] [illegible] [illegible] being assigned as her
counsel complains of Alexander P Fields & Elijah Mitchel of a plea of trespass assault & Battery & false imprisonment
for that the said defendants heretofore to wit
on the Twenty Second day of May in the year
of our lord eighteen hundred & thirty two
Made an assault upon the said Mary Ann to wit
at the County aforesaid & then & there beat bruised
wounded & ill treated her the said Mary Ann
& there falsely imprisoned her & kept & detained
in prison & still keeps & detains her in prison as a slave without any reasonable or
probable cause whatsoever contrary to the law of the land & against the will of the
plaintiff and the plaintiff avers that before
& at the time of the said several grievances
she was & still is a free person & the
said defendant held & detained & still holds
& detains her in slavery contrary to the law
of the land to wit at the county aforesaid
& other wrongs to the said plaintiff then & there
did to the damage of the said plaintiff
of five hundred dollars & of therefore she
sues to

*Guyor[?] atty for Plf*

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**Page 4** (6754_004.jpg)
> *Legal Function: Caption*

No [illegible] [illegible] Cir Court
July [illegible] 1832
Marianne
vs
Fields & Mitchell
[illegible] is [illegible]
[illegible] 60copy of order
[illegible].

*Filed May 23rd 1832 A Gamble Clk*
> *Legal Function: Certificate of Execution*

I served this writ on Alexander J. Fields on the 24th day of May 1832 by offering to read it & the acclamation to him which he refused to hear read - and also the copy of the order of the
judge permitting the plaintiff to sue [illegible]
on Elijah Mitchell alias Hinny G. Mitchell on the 26th day of same Month in the City of St Louis
by offering to read to him the writ and acclamation
& order of the judge which he refused to hear read

*John K. Walker [illegible] service$ 200*

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**Page 5** (6754_005.jpg)
> *Legal Function: Summons*

Country of St Louis [illegible]
The State of the Missouri To the Sheriff of St Louis Country Greeting
We command you to summon Alexander P .
Fields and Elijah Mitchel that they be and appear before
the judge of our Circuit Court at the next term thereof to
he held at the City of St Louis within and for the county
of St Louis on the fourth Monday of July next then
and there to answer unto [illegible] And a person of
color permitted to sue as a poor person by Henry S
Geyer her next friend of a plea of trespass assault & Battery and
false imprisonment to the damage of said plain
tiff of five hundred dollars And have you then
there this writ

*Witness Archibald Gamble Clerk of
our said court at office on this 23th day of
May in the year 1832 Archibald Gamble Clerk*
> *Legal Function: Order*

County of St Louis Sct
Upon the facts stated in the foregoing petition
& affidavit, it is ordered that the petitioner Marianne
be permitted to sue as a poor person to establish her
right to freedom and Henry S Geyer is assigned
as counsel for said petitioner. And I on further
order adjudge and [illegible] that the petitioner have
reasonable liberty to attend her counsel and the
Court where occasion may require, and that the
petitioner shall not be taken or removed out of
the jurisdiction of the Circuit Court of St Louis County
nor be subjected to any severity on account of her
application for freedom. Given under my hand
at my chambers this 23rd May 1832. Will C Carr
A true copy of the Judges order

*Archibald Gamble Clerk to*

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**Page 6** (6754_006.jpg)
> *Legal Function: Certificate of Execution*

Executed on E. [illegible]
H.G. Mitchell on
the 26: by reading [illegible]
> *Legal Function: Caption*

No 51[?] July Term 1832
Mary Ann by
HS Goyer her next friend
vs
Alex P. Fields & Elijah Mitchel
This is an action of
trespass assault & Battery
& false imprisonment

*Geyer for
[illegible] Filed May 23rd 1832 A Gamble Clk*

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**Page 7** (6754_007.jpg)
> *Legal Function: Order*

By the Habeas Corpus act
The State of Missouri To George Hammond Esq. Greetings
You are hereby commanded that the body
of Marianna a person of color who has been permitted
to sue for her freedom in your custody
(as is said) detained, under safe and secure
conduct, together with the day and cause of the
capture & detainer, by whatsoever name she
may be called you have before the Circuit
Court for the County of St Louis
on the 30th day of May 1832. at the
Court house in the county of St Louis , then & there
to do submit to & receive whatsoever
shall be considered on that behalf

*Witness William C Carr Judge of
the 3d Judicial Circuit of the
State of Missouri this 26 day of
May 1832. Will C. Carr*

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**Page 8** (6754_008.jpg)
> *Legal Function: Affidavit*

I have the body of the within named Marianne
before said Court as within commanded she was
on the 26th [illegible] taken out of the possession
of H.C. Russell and Henry G. Mitchell
against
whom a warrant had issued for kidnapping
the said Mitchell was arrested by the name of
Martin Mitchell the said Marianne was put in
the gaol of Jefferson County , for safe keeping
and has been by me detained for me other
purpose but her personal safety,

*May 30th 1832 G [illegible]*
> *Legal Function: Other*

Marianne
By the Habeas Corpus acts

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**Page 9** (6754_009.jpg)
> *Legal Function: Order*

State of Missouri
County of St Louis sct
Be it remembered that on this 30th
day of May 1832- Marianne a person of color
who upon her petition in that behalf was
permitted to sue for her freedom, was brought
before me Judge of the Circuit Court for the 3d Judicial Circuit of the State of Missouri , in [illegible] to a writ of Habeas
Corpus by me issued according to the [illegible] of
the [illegible] in such case made and provided,
and the persons in whose possessions said
Marianne was found by their agent here
[illegible] to enter into a recognizance as by
law required in that behalf- I do hereby
order and direct that the Sheriff of St Louis
county to take [illegible] of said Marianne
and here her out from time to time during
the [illegible] of the suit of the petitioner on this
behalf and that the said Sheriff take bond
in the penalty of six hundred dollars
from the person being the petitioner with such
security as said Sheriff shall [illegible] [illegible]
that the said Marianne shall at all times
during the presiding of this suit have reasonable
liberty of attending his counsel and the court and that she shall
not be removed out of the Jurisdiction of the circuit
court of Illinois county, that she shall not be subjected
to any severity because of her application for freedom
that the person so being the said Marianne will pay the
[illegible] to said sheriff at the time [illegible] and return
the said Marianna at the end of the time for
which she is [illegible] on [illegible] of the said actions shall
soon be determined-

*Given under my hand at [illegible] the day
& year first aforesaid Will . C. Carr*

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**Page 10** (6754_010.jpg)
> *Legal Function: Caption*

No 51 St St. Louis Circuit Court
July Term 1832.
Mary Ann
vs
Alex. P.Field
& Elijah Mitchell
suit for freedom
order for
[illegible] out
Petition order to sue declaration
writ- order to here out

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**Page 11** (6754_011.jpg)
> *Legal Function: Desposition Notice*

Marianne
vs
Alexander P Fields & Elijah Mitchell
[illegible]
vs
[illegible]
[illegible]
vs
[illegible]
[illegible] Mahalia
vs
Mitchell
The plaintiff in the above cases and
their allowances HT[?] Geyer& G A Bird will take notice
that we will on the 28th [illegible] at the house of [illegible]
Scott in the County of Madison and place of Illinois
between the hours of 8 o clock in the morning and six
o clock in the evening of said day proved to take depositions
to be read as evidence on the above cases
on part of the defendants; - and also that we will
on Tuesday the 31st day of July next at the house of
William Evert in [illegible] County and State of
Illinois between the hours of 8 o clock in the morning
and six o clock in the evening of said day proved
to take depositions to be read in [illegible]
in the above cases on part of the defendants
and to be continued from day to day until completed

*St Louis 23rd July 1832 Henry G Mitchell Henry C [illegible] Martin Mitchell By JW[?] Foremen
atty*

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**Page 12** (6754_012.jpg)
> *Legal Function: Certificate of Execution*

Served this notice on HS[?] Guyer[?]
and Gustavus A Bird on the 24th
July 1832 by delivering to them a
true copy [illegible] in the city of
St Louis

*[illegible] K. Walker [illegible] Service \$1.00 paid by defendants.*
> *Legal Function: Caption*

Marianne & c
vs
[illegible]
Mitchell & c

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**Page 13** (6754_013.jpg)
> *Legal Function: Answer*

Alexander P Fields & Elijah
ads
Mary Ann
And the saw
defendants by their attorney come and defend
the force and injury when & c and say they are
not guilty of the grievances above in said
declaration laid to there charge in manner and
form as the said plaintiff hath above alledged
and of this they put themselves upon the
Country & c

*[illegible] [illegible] Foreman
atty Filed 26th July 1832 Archbald gamble Clerk*

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**Page 14** (6754_014.jpg)
> *Legal Function: Caption*

No 51 Saint Louis Circuit Court
July Term 1832
Mary Ann
vs
Alexander P Field &
Elijah Mitchell
Plea not guilty
Foreman

*atty Filed 26th July 1832 Archibald Gamble Clerk*
> *Legal Function: Other*

[illegible] [illegible] for plff [illegible] $ 250 - Book 6 - page 490

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**Page 15** (6754_015.jpg)
> *Legal Function: Caption*

Marianne & others
vs
Fields & Mitchel
Solomon Shook
Wm Everett
Damil Winn
Kitty Everett
for defds[?]

*[illegible] [illegible]
2nd Sept [illegible]
Said 20[illegible]*
> *Legal Function: Notice*

To the Clerk of the Circuit Court for
St. Louis County in the City of St .
Louis State
Marianne
vs
Alexander P Fields E. Mitchel
Deposition for
the defendants
[illegible]
vs
[illegible]
Nothen
vs
[illegible]
Mahala
vs
Martin Mitchell

*Filed and opened
on 24th October 1832 Archibald Gamble Clerk*

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**Page 16** (6754_016.jpg)
> *Legal Function: Deposition*

Depositions of Witneses produced sworn & examined
at the house of William Everett in the County of
Monroe & state of Illinois before me me Thomas Mc
Roberts an acting Justice of the peace for the
County & state afforesaid in a certain cause now
depending in the St. Louis Circuit Court State of
Missouri & County of St. Louis between Marianne
& [illegible] & Nathan & Mahalia people of Color [illegible] plantiffs
& Alexander P Fields Elijah Mitchell & Martin Mitchell
defendants on the part of the defendants Solomon
Shook. William Everett . Danill Winn. & Kitty
Everett witneses all of lawful age being produced
& examined deposeth & sayeth that in the month of
December in the year of our Lord eighteen hundred &
eight that Elisha Mitchell deceased was removing his
negroes from the state of Kenturcky to the Territory of
Missouri & that said Mitchell was providentialy detained
between one & two months in the County of St Clare
& Territory of Illinois by sickness & the running
of the ice in the Mississippi river with his negroes
Named Bob Lyce[?] Hester Matilda & Tina & that the
said Mitchell had no intention of freeing said negroes
& and that the said Mitchell did remove said Negroes
from said Territory of Illinois unto the Territory of
Missouri in [illegible] then sixty days from the time of
his stopping in Illinois & that said Mitchell did
not purchais[?] any lands or rent any lands in the said
Territory of Illinois or subject said negroes to
freedom in any way whatever & the said defendants
further says that the said Mitchell departed this life
a short time after removing
to the Territory of Missouri & that the said Negroes fled
unlawfuly of then [illegible] to the Territory of Illinois without
the knowledge of the said Mitchells executors administrators
or assigns or agents to lawfuly acting

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**Page 17** (6754_017.jpg)
under him In testimony whereof [illegible] the undersigned [illegible] do set our hands & seals this
31st day of July in the year of our Lord
one thousand eight hundred & thirty two between
the hours of eight o clock in the forenoon & six o clock in the afternoon said day

*[illegible] [illegible] [illegible]
mark Sollomon Shook [illegible] his mark Daniel his [illegible]
mark Kitty Evrett[?] her
mark*
> *Legal Function: Notarization*

I Thomas Mc[?] Roberts an acting Justice of the
peace for the County of Monroe & State of Illinois
as hereby [illegible] that Sollomon Shook William
Evrett[?] Daniel Winn & Kitty Everett was by me
sworn to testify the whole truth of their knowledge
touching the matter in controversy in the Cause
afforesaid those deponants was examined & their
examination reduced to writing & subscribed
by said deponants in my presence on the 31st
day of July in the year eighteen hundred & thirty
two between the hours of eight o clock [illegible] the forenoon
& six o clock of the afternoon said day at the house of
William Everett in the county & state afforesaid

*Given & Certified this thirty first day of July
A D 1832 Thomas M Roberts [illegible]*

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**Page 18** (6754_018.jpg)
> *Legal Function: Notarization Part 2*

I Thomas Mc Roberts an acting Justice of the
peace for the County of Monroe & state of Illinois
as [illegible] that in persuance of the within notice came
before me at the house of William Everett in the
County & state afforesaid Sallomon Shook William
Everett Daniel [illegible] & Kitty Everett who [illegible] [illegible]
by me sworn & examined & sutch[?] examination
reduced to writing & subscribed by them respectively
in my presence & there said depositions are now
hearwith returned given under my hand & seal
in the County & State afforesaid at the house of
William Everett this thirty first day of July
in the year eighteen hundred & thirty two

*Thomas M Roberts*
> *Legal Function: Notarization Part 3*

State of Illinois
Monroe County
I the undersigned Clerk of the County
Commissioners Court of said County do hereby certify
that Thomas W Robert Esq. whose Name appears
to the above certificate was at the time of the
date thereof an acting Justice of the peace in
and for the County and State aforesaid duly
commissioned and sworn & due faith and orders
of right ought to be given to all his
Official acts as such

*In Witness whereof I have hereunto
set my hand & private seal there being
as yet no official seal provided at
Waterloo this 11th day of August in
the year of our Lord One Thousand eight
hundred & Thirty Two Daniel [illegible] Clk C.C.M.C.*

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**Page 19** (6754_019.jpg)
> *Legal Function: Certificate of Filing*

Filed & opened 24th October
1832
Archibald Gamble
Clerk
Marianne
vs
AP Fields & E Mitchell
Sam [illegible] Nathan
[illegible]
[illegible]
Mahalia
vs
Martin Mitchel
Soloman Shook
Wm Everett
Daniel Winn
Kitty Everett
for defts

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**Page 20** (6754_020.jpg)
> *Legal Function: Motion for Exception to the Depositions*

Mahala a woman of color
vs
Martin Mitchel
[illegible] a woman of color
vs
Martin Mitchel
Marianna
vs
Alexander P Fields & Elijah Mitchel
Anson
vs
Henry C [illegible]
Sam an infant of color
vs
Alexander P Fields & Elijah
Mitchel
[illegible]
vs
Sam
Nathan an infant of color
vs
Alexander P Fields & Elijah
Mitchel
[illegible]
vs
Same
The plaintiff [illegible] to the [illegible] of Solomon
Shook William Everett Daniel [illegible] & [illegible] [illegible]
offered to be read on the above causes because the
no legal notice has been given of the time & place
of taking because they were not taken in any of
said [illegible] - 3d - because they are not duly
certified [illegible] because they are not duly
authenticated

*G A Bird atty for
plffs*

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**Page 21** (6754_021.jpg)
> *Legal Function: Caption*

Marianne & others
vs
[illegible] & Mitchel
Exception to defts Depositions

*Filed 23rd March 1833 Archibald Gamble Clerk*

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**Page 22** (6754_022.jpg)
> *Legal Function: Summons*

County Of St. Louis --Sct.
State of Missouri , To the Sheriff of St. Louis County--Greeting.
Your are hereby commanded to summon nNathan[?] Cole William
H. Hopkins 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 second day of May
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 Mary Ann
is plaintiff, and Alex[illegible] [illegible]
& Elijah Mitchell 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 May
in the year of our Lord one thousand eight hundred and thirty- Three A. Gamble Clerk C. C.*

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**Page 23** (6754_023.jpg)
> *Legal Function: Caption*

Mary Ann
vs
Alex P Fields &
Elijah Mitchel

*[illegible] H. Hopkins
Nathan Cole 2nd of May
for plff [illegible] the [illegible]*
> *Legal Function: Certificate of Execution*

Executed on W H. Hopkins
on the 2nd May on [illegible]
on 3rd day in St Louis

*Jno K. Walker
[illegible] service $ 1.00*

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**Page 24** (6754_024.jpg)
> *Legal Function: Summons*

County Of St. Louis --Sct.
State of Missouri , To the Sheriff of St. Louis County-- Greeting.
You are hereby commanded to summon Stephen W.Forman[?] &
Elijah Curtis
that setting aside all manner of excuse and delay, he be and appear in proper person before the
Judge of our Circuit Court , on this present day of May for [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 Mary Ann is
plaintiff, and Alexander P .Fields &
Elijah Mitchel are defendants, on the part of the plaintiff
and have then there this writ.

*Witness: Archibald Gamble , Clerk of our said Circuit Court , at the City of
St. Louis , this second day of May
in the year of our Lord one thousand eight hundred and thirty. three A Gamble Clerk C.C.*

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**Page 25** (6754_025.jpg)
> *Legal Function: Caption*

Mary Ann &
vs
[illegible]
Fields & Mitchell

*F. W. Foreman 2 [illegible] 3[illegible]
forthwith for
plff-*
> *Legal Function: Certificate of Execution*

Served this writ on Wm H .
Hopkins on the 2nd May & on
Elijah Curtis on 3rd May - in
the city of St. Louis

*Jno K Walker
Shff Service $ 1.00*

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**Page 26** (6754_026.jpg)
> *Legal Function: Summons*

County Of St. Louis --Sct.
State of Missouri , To the Sheriff of St. Louis County--Greeting.
You are hereby commanded to summon George Swagert[?] & Chris [illegible]
Haldman
that setting aside all manner of excuse and delay, he be and appear in proper person before the
Judge of our Circuit Court , on this present day of 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 Mary Anns is
plaintiff, and Alexander P .Fields &
Elijah Mitchel are defendant s, 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 third day of May
in the year of our Lord one thousand eight hundred and thirty- three A Gamble Clerk C.C.*

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**Page 27** (6754_027.jpg)
> *Legal Function: Caption*

Mary Ann
vs
Fields & Mitchel
on part of plff
sue for

*George Swagert[?] & Christopher Holdman H probably lives at
Berry [illegible]
1 forthwith*
> *Legal Function: Certificate of Execution*

George Swagert[?] & Christopher Holdman
not found in my

*John K Walker
shff 2 nought 25 cts 1,10,00*

---

**Page 28** (6754_028.jpg)
> *Legal Function: Agreement of Counsel*

Mary Ann a woman
of colour
vs
Alexander P Fields & Elijah Mitchel
Michal an infant by his
guardian
vs
Henry C Russel impleaded[?]
with Mitchel
Matilda a woman of colour
vs
Henry C Russell impleaded[?] with
Mitchel
Anson an infant of colour
vs
Henry C Russel impleaded[?] with
Mitchel
Vina a woman of colour
vs
Henry C Russel &[?]
Henry G Mitchel
It is agreed between the parties in the slave named suits
that if the verdict & Judgement shall be for the plaintiff
in the suit of the slave named Mary Ann against
Alexander P Fields & Elijah Mitchel now on trespass against the
Defendants or [illegible] of them. There the other suit
above named are to be submitted to the Court
& the plaintiff in each suit is to have such Damages
[illegible] & such Judgement in his behalf as shall be
[illegible] & rendered in said suit of Mary Ann & of
verdict & Judgment shall be for the Defendant
in the above suit of Mary Ann this Judgement
is to be rendered for the Defendant an defendants
in each of the above named suits. [illegible]

---

**Page 29** (6754_029.jpg)
> *Legal Function: Agreement of Counsel Part 2*

[illegible] and this agreement shall be by
the permission of the Court [illegible] upon the
records of the Court & made part of the record
May 3rd 1833

*Bird & Strathus[?] attns[?]
for playntiffs[?] and said Vivia[?] F W Foreman
Atty for Dffts[?]*
> *Legal Function: Agreement of Counsel Part 3*

the hereby conduct that in the above suits in favor of
Anson & Michael that Judgement shall be rendered
for the Plaintiff for [illegible] Damages only

*G A Bird & George Strathus[?] attns[?] for
said Anson & Michael*
> *Legal Function: Caption*

Mary Anns
Matilda
Anson
Micheal
Vivia[?]
Suing for freedom
Agreement of Counsel

*filed May 4th 1833 A Gamble Clk*

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**Page 30** (6754_030.jpg)
> *Legal Function: Jury Instructions*

The defendant asks the Court to instruct the
jury that negroes residing in the State of Illinois
without the consent of their owners gives them
no right to freedom. given
2d That if the jury are satisfyed that [illegible] is the
Slave of Mitchell and the plaintiff is her child
they must find for the defendants. given
3 That if the jury are satisfyed Mitchell the owner
of [illegible] had no intention of setteling in Illinois
the fact of his passing through that State to the
State of Missouri does not give the negroes
any claim to freedom. given
4th That if the jury are satisfyed [illegible] is a slave

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**Page 31** (6754_031.jpg)
> *Legal Function: Jury Instructions*

all her children follow her condition notwith
standing their birth and residence in Illinois
(given)
5 That the weight of evidence is in favor of
the defendant. (refused)

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**Page 32** (6754_032.jpg)
> *Legal Function: Jury Verdict*

Mary Ann
vs
Fields & Mitchel
/ Plff proves by [illegible] that she
was born & raised in a free State has
acted & been respected as a free person
The presumptions arising from this fact
2 That plaintiffs mother by suit against Elisha
Mitchels administrations & [illegible] in 1809 recovered
her freedom if this record is not conclusion it is
at least Evidence of the facts stated in it
presumptions arising from the facts stated in the
record
3- The record of the suit in 1825 againt Elisha
Mitchel presumptions arising from the facts Stated
therein
4- The Deposition of Badgely & those for defendant
contrasted & the [illegible] [illegible] [illegible] in
the Statements of Badgely -
5- Ilias[?] Fields acting merely as the attorney of the
[illegible] of Elisha Mitchel or was he an active
agent & principal in removing the plaintiff
from her native State: in trespass all are
principals & the man who stands by & aids
& encourages in an act of trespass is as much
a principal as the one who strikes the blow to
Fields was armed, drew his arms - had Cole
arrested - & [illegible] [illegible] of [illegible] & [illegible] to [illegible]
her & declared himself the person responsible
for the act of removing plff & others
6- What Damages ought the Plaintiff to have

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**Page 33** (6754_033.jpg)
> *Legal Function: Jury Verdict Part 2*

[illegible] Ilias[?] Fields acting merely as attorney or was he
one of the principals in trespass -- he was armed
he said he was the responsible person he fell foul of
dyd[?] &[?] threatened to [illegible] her. he arrested the [illegible]
Cole who was about to pursue the negroes &[?] remove
them from the kidnappers to prevent his doing so
finding that he could not do so under the cover
of legal process he turned Bully & induced
by threats against his life to dissuade him
from his trespass

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**Page 34** (6754_034.jpg)
> *Legal Function: Jury Verdict Part 3*

We the Jury find for Plaintiff
and ascep Damage at $ 250.00

*Saml Daniel
foreman*

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**Page 35** (6754_035.jpg)
> *Legal Function: Other*

Longdon[?]
Lance
Lance
Lance
262.726[?]
262.726
262.726
We the Jury

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