Michael, a boy of color v. Henry G. Mitchel and Henry C. Russel

Item

Michael, a Boy of Color V. Henry G. Mitchel and Henry C. Russel. 1832, St. Louis Circuit Court Historical Records Project, accessed October 8, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60774

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Case Title: Michael, a boy of color v. Henry G. Mitchel and Henry C. Russel
Series: Freedom Suits
Plaintiff: Michael
Defendant: Mitchel, Henry G.; Russell, Henry C.
Date Filed: 1832-05-28
Next Friend: Clark, William
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.
Cause of Action: Trespass; Assault; Battery; False Imprisonment
Case Notes: Plaintiff sought $500 damages resulting from imprisonment; writ of Habeas Corpus included; sued by next friend William Clark.
Case Number: 56
Identifier: ccr1832.06759.009
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **Michael, a boy of color v. Henry G. Mitchel and Henry C. Russel**

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**Page 1** (6759_001.jpg)
> *Legal Function: Petition*

July Term 1832
St. Louis County to wit Michael a boy of
color an infant who sues by permission of the
court by his next friend William Clark
complains of Henry. G Mitchel and Henry
C. Russel of a plea of trespass for that there
said Henry G . Mitchel and Henry C. Russel on the 22 day of
May in the year 1832 with force and arms
made an assault upon the said Michael
to wit at the county of St. Louis aforesaid and
then and there bruised beat and ill treated
the said Michael and then and there im
prisoned[?] the said Michael and left and de
tained[?] him in prison there without any
probable or honorable cause whatsoever for a long space of time to wit
for the space of twenty four hours then next
following contrary to law and against the will
of the said Michael and the said Michael avers
that before and at the time of the committing
of the said grievances he was and still is a
free person and that the defendants then held and detained him
and still hold him and detain him in slavery and other wrongs
to him the said Michael then and there did
against the law of the state and to him

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**Page 2** (6759_002.jpg)
damage of the plaintiff \$500 and therefore he
brings his suit [illegible]

*[illegible] [illegible]*
> *Legal Function: Writ and Summons for Defendants to Appear*

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 Mitchell and Henry C
Russell 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 Michael a boy of color an infant who
sues by permission of the Court by his next friend William Clark of a
plea of trespass to the damage of the sued plaintiff 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 the order of the Judge permitting plaintiff to institute suit
The above Petitioners are allowed to institute a suit on the foregoing petition
to establish their right to freedom & the Clerk of the Circuit Court for St.
Louis County is hereby directed to issue a writ according to the Statute in
such case made & provided - it is also ordered that the said petitioners be not
subject to any severity on account of their application for freedom that
they have reasonable liberty of attending their counsel & the Court whenever
occasion may require and that they be not removed out of the Jurisdiction
of the Court

*Given under my hand as Judge of the third Judicial Circuit
State of Missouri at Chambers their 23. May 1832 Will C. Carr A True Copy of the Order A Gamble Clerk*

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**Page 3** (6759_003.jpg)
> *Legal Function: Certificate of Service*

Served this writ on Henry C Russell
on the 28 May 1832 in the city of St Louis
by reading the writ & offering to Read the
declaration to him which he refused
to hear read. I also at the [illegible] offered
to read to him the copy of the order of the
Judge permitting the plaintiff to institute
suit - & ordering that he shall not be removed
out of the jurisdiction of the
said court & c.

*John K Walker
[illegible]*
> *Legal Function: Certificate of Execution*

Henry G Mitchell not formed
in my County

*Jno K Walker sheriff*

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**Page 4** (6759_004.jpg)
> *Legal Function: Caption*

No 56 Saint Louis Circuit Court
July Term 1832
Michael a boy of
color
vs
Henry G Mitchel &
Henry G. Russel
This is an action of
assault & battery and
false imprisonment
damages & 500 the clerk
will issue [illegible]

*[illegible] p q*

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**Page 5** (6759_005.jpg)
> *Legal Function: Caption*

No 56 St St. Louis Circuit Court
July Term 1832
Michael
vs
Henry G Mitchell
Henry C Russel
order for
serving suit

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**Page 6** (6759_006.jpg)
> *Legal Function: Order*

State of Missouri
St Louis ss
The petitioner Michael a
boy of color having been this day
brought before me the judge of the circuit
court of St Louis county by writ of habeas
corpus and the persons in whose possession
the said Michael was found having
refused to enter into recognizance as required
by law in that behalf. I do therefore order
and direct the sheriff of St Louis
county to take possession of the said
Michael and hire him out from time
to time during the pending of the
petitioners suit for freedom and that the
sheriff take [illegible] for the person or per
sons who shall hire the said petitioner
in the [illegible] sum of six hundred dollars
with such security as the sheriff shall [illegible] [illegible] that the said [illegible]
shall at all times during the pending
of said suit have reasonable liberty of attending

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**Page 7** (6759_007.jpg)
his counsel and the court and that
the said Michael shall not be removed
out of the jurisdiction of the circuit
court of St Louis county or subjected to
any severity because of his application
for freedom and that the person or persons
forcing said Michael shall pay the hire
at the time stipulated and return the
said Michael to said sheriff at
the expiration of the time for which
he is hired or sooner if the action shall
sooner be determined

*Given under my hand this
30th May 1832 Will . C. Carr*

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**Page 8** (6759_008.jpg)
> *Legal Function: Answer*

Henry G Mitchell & HC[?] Russel
ads
Michael
And the said defendants
by their attorney come and defend the force
and injury when & and say they are not
Guilty of the grievances above in said declaration
laid to their charge in manner and
form as the said plaintiff hath above alledged
and of this they put themselves upon the
country [illegible] & c.

*Foreman atty
[illegible] Filed 26th July 1832 Archibald gamble clerk*

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**Page 9** (6759_009.jpg)
> *Legal Function: Unknown*

sub & Judge [illegible] [illegible] Book - 6 - page 492
> *Legal Function: Certificate of Filing for Not Guilty Plea*

No 56 Saint Louis Circuit Court
July Term 1832
Michael
vs
Henry G Mitchell &
Henry C Russell

*Plea not guilty
Foreman Filed 26th July 1832 [illegible] Archibald Gamble Clerk*

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