Matilda, a person of color v. Henry G. Mitchel and Henry C. Russell

Item

Matilda, a Person of Color V. Henry G. Mitchel and Henry C. Russell. 1832, St. Louis Circuit Court Historical Records Project, accessed October 8, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60773

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Case Title: Matilda, a person of color v. Henry G. Mitchel and Henry C. Russell
Series: Freedom Suits
Plaintiff: Matilda
Defendant: Mitchel, Henry G.; Russell, Henry C.
Date Filed: 1832-05-28
Filing Date: 1832-05-28
Defendant’s Attorney: Foreman, Stephen W.
Court Name: St. Louis County Court
Court Term: 1832-07
Judge: Carr, William C.
Clerk: Gamble, Archibald
Sheriff: Walker, John K.; Hammond, George
Cause of Action: Trespass; Assault; Battery; False Imprisonment
Case Notes: Plaintiff sued defendants for imprisonment, sought $500 damages; writ of habeas corpus included; plaintiff held in Jefferson County for safekeeping; defendant Mitchell initially not found.
Case Number: 55
Identifier: ccr1832.06758.008
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **Matilda, a person of color v. Henry G. Mitchel and Henry C. Russell**

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**Page 1** (6758_001.jpg)
> *Legal Function: Petition*

July term 1832
St Louis county to wit Matilda a woman of
color who sues by permission of the court complains
of Henry G . Mitchel and Henry C
Russel of a plea of trespass. For that the said
Henry G . Mitchel and Henry C. Russel on the
22 day of May in the year 1832 made
an assault upon the said Matilda to wit
at the county of St Louis and then and
there beat bruised and ill treated the said
Matilda and then and there imprisoned her
the said Matilda and left and detained
her in person there without any reasonable
or probable cause whatsoever for a long space
of time to wit for the space of twenty four
hours next following contrary to law and
against the will of the said Matilda
and the said Matilda avers that before and
at the time of the committing of the above
grievances she was and still is a free person
and that the defendants then held and detained
her in slavery and still holds and detains
her in slavery and other wrongs to the said Ma

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**Page 2** (6758_002.jpg)
tilda[?] then and there did against the [illegible]
of the state and to the damage of the
said Matilda five hundred dollars and
therefore she brings suit &c

*[illegible] p q*
> *Legal Function: Summons*

County of Saint Louis Ss
The State of Missouri To the Sheriff of the County of Saint Louis greeting
We command you to summon Henry G Michell[?] and Henry
C Russel that they be and appear before the Judge of our Circuit
Court at the next July term thereof to be held at the City of
St Louis within and for the county of Saint Louis on the fourth
Monday of July next then and there to answer unto Matilda
a woman of color who sues by permission of the Court of a plea
of trespass to the damage of the said Matilda five hundred
dollars and have you then there this writ

*Witness Archibald Gamble Clerk of our
said Circuit Court at office this twenty
eighth day of May One thousand eight
Hundred and thirty two Archibald Gamble Clerk*
> *Legal Function: Order*

Copy of order of the Judge permitting plaintiff to Institute suit
The within named petitioner is allowed to sue for the purpose of establishing
her right to freedom the clerk of the Circuit court for St Louis will issue a
writ agreeably to the statute is such cases made & provided & it is hereby
ordered that said Matilda have reasonable liberty of attending her counsel
& the court whenever occasion may require - that she be not subjected to
any severity on account of her application for freedom nor be removed out
of the jurisdiction of the court - Given under my hand at my chambers
this 22 May 1832

*Will C Carr Judge 3. Circuit A true copy of the order of the Judge A Gamble Clerk*

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**Page 3** (6758_003.jpg)
> *Legal Function: Order*

State of Missouri
St Louis County Ss
where as Matilda who has
petitioned to sue for freedom has been this day
been brought before Mr William C Carr a
Judge of the Circuit Court for said state
& in said County by writ of Habeas Corpus
and whereas the persons in whose
possession said Matilda was found have
refused to enter into Recognizance as the law
requires - The shiriff of St Louis County is therefore
ordered to take possession of said Matilda
& to hire her and from time to time
during the pending of her suit for freedom
taking Bond from the person hiring her within
such security as the shriff shall appear in
the final sum of five hundred Dollars
understand that said Matilda shall
at all times have resonable liberty of
attending the court & her counsel & that
she shall not during the pending of her
suit be removed out of the jurisdiction of
the Circuit Court of St Louis County or
subjected to any severity because of
her application for freedom and that the
the person hiring her shall pay the hire
at the time stipulated & return her
to the sheriff at the time of the
time of hiring or sooner of said sent
shall be sooner determined
Given under my hand at St Louis the
30th day of May 1832

*Will C Carr*

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**Page 4** (6758_004.jpg)
> *Legal Function: Certificate of Filing*

No 55 Saint Louis Circuit court
July Term 1832
Matilda a woman
of color
vs
Henry G Mitchel and
H. C. Russel
This is an action of tress
pass of assault & battery
and false imprisonment
damages of & 500 the clerk
will issue summons

*she the [illegible] Filed 28th may 1832 Archibald Gamble Clerk*
> *Legal Function: Certificate of Service*

Served this writ H. G. Rusell[?] on in the
28th day of May of 1832 by offering to read
it & the declaration to him & also the why
of the order of the Judge permitting the plaintiff
to sue, which he refused to hear read
H G Mitchell not found

*John K Walker
[illegible] Service $ 1 [illegible] 50 $ 1.50*

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**Page 5** (6758_005.jpg)
> *Legal Function: Order*

"By the Habeas Corpus Act" The state of Missouri To George Hammond Esq - Greeting
You are hereby commanded, that the body of Matilda
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
the day and cause of her captor and detainer, by
whatsoever name she may be called you
have before the Circuit Court for St Louis County
on the 30th day of may 1832 at the
court house - - - in the county of St Louis
then & there to do submit to and receive whatsover
shall be considered in that behalf

*Witness William C Carr Judge
of the 3rd Judicial Circuit of the state
of Missouri this 26 may 1832. Will C Carr*

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**Page 6** (6758_006.jpg)
> *Legal Function: Certificate of Execution*

I have the body of the within named before said
Court as within commanded she was on the twenty
sixth instant taken out of the possession of Henry C
Russel & Henry G Mitchel against whom a warrant
had issued for kidnapping the said Mitchel was
arrested by the name of Martin Mitchel the said
Matilda was put in the gaol[?] of Jefferson
county for safe keping & has been by me detained
for no other purpose than her personal safety
May 30th 1832.

*G. Hammond*
> *Legal Function: Certificate of Execution, part 2*

Matilda
By the Habeas Corpus act

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**Page 7** (6758_007.jpg)
> *Legal Function: Answer*

Henry G Mitchell & H C Russell
ads
Matilda
And the said
defendants by their attorney comes and defends
the force and injury when &C and say
they are not guilty of the grievances above
in said declaration laid to their charge in man
ner[?] and force as the said plaintiff hath above
alleged and of this they put themselves upon
the country &C

*G W Foreman
atty Filed 26th July 1832 Archibald Gamble Clerk*

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**Page 8** (6758_008.jpg)
> *Legal Function: Unknown*

[illegible] & judgefor \$250 [illegible] Book 6 page 492
> *Legal Function: Certificate of Filing*

No 55 Saint Louis Circuit Court July Term 1832
Matilda
to
Henry G. Mitchell & Henry C Rusell[?]

*Plea not guilty Foreman
atty filed 26th July 1832 Archibald Gamble Clerk*

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