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

Item

Anson, 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/60775

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Case Title: Anson, a boy of color v. Henry G. Mitchel and Henry C. Russel
Series: Freedom Suits
Plaintiff: Anson
Defendant: Mitchel, Henry G.; Russell, Henry C.
Date Filed: 1832-05-23
Next Friend: Clark, William
Filing Date: 1832-05-23
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, who sued by next friend William Clark, sought $500 damages; writ of habeas corpus included; defendants arrested in Jefferson County on charges of kidnapping.
Case Number: 57
Related Project ID: ccr1832.06752.006; ccr1832.06753.004; ccr1832.06755.009
Identifier: ccr1832.06760.010
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **Anson, a boy of color v. Henry G. Mitchel and Henry C. Russel**

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**Page 1** (6760_001.jpg)
> *Legal Function: Petition*

July Term 1832
St. Louis county to wit Anson 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 trespass: For that the 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
Anson to wit at the county of St. Louis aforesaid
and then and there beat bruised and ill
treated the said Anson and then and there
imprisoned the said Auson and kept and
detained the said Auson in prison with
out any probable probable cause whatsoever for a
long space of time to wit for the space of 25
hours then next following contrary to law
and against the will of the said Anson
and the said Anson avers that before and at
the time of the committing of the above grievances
he was and still is a free person and
that the defendants then held and debtained
him in slavery and still holds and detains him
in slavery and other wrongs to him the said
Anson then and there did against the [illegible]

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**Page 2** (6760_002.jpg)
of the State and to the damage of the said
Anson \$500 and therefore he brings suit

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

The State of Missouri
County of Saint Louis ss 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 Anson an infant of color who sues by permission
of the Court by his next friend William Clark of a plea of trespass to
the damage of the plaintiff five hundred dollars and have you then
there this writ

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

Copy of the order of the Judge permitting petitioner to sue
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 this 23d May 1832 Will C Carr

*A true copy of the order & Gamble Clerk*

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**Page 3** (6760_003.jpg)
> *Legal Function: Certificate of Service*

Served this writ on H.C.
Rusell[?] on the 28th day of May 1832
in the City of St Louis by offering
to read to him the writ and declaration
and order of the Judge permetting the
plaintiff to sue which he refused to
hear read Henry G . Mitchell not found
in my County

*Jno . K . Walker service 100 [illegible]. 50 $ 1.50*

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**Page 4** (6760_004.jpg)
> *Legal Function: Caption*

No 57
Saint Louis Circuit Court
July Term 1832
Anson a boy of color
vs
Henry G . Mitchel and
Henry C. Russel
This is an action of assault
and battery and false improsonment
damage & 500
the clerk will issue process

*[illegible] p q*

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**Page 5** (6760_005.jpg)
> *Legal Function: Warrant*

"By the Habeas Corpus Act"
The State of Missouri To George Hammond Esq Greeting
You are hereby commanded that the body of
Anson a person of color who has been permitted to sue as a poor
person for his freedom, on your custody, (as is
said) detained, under safe and secure conduct
together with the day & cause of his captor
and detainer, by whatsoever name he 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 —
on the county of St Louis , then & there to do submit
to & receive whatsoever shall be considered
in that behalf

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

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**Page 6** (6760_006.jpg)
> *Legal Function: Unknown*

Anson
"By the Habeas Corpus act"
> *Legal Function: Certificate of Execution*

In obedience to the within writ I have now the Body
of the within named Anson before the Court which
said Anson was by me taken out at the possession
of W H.C. Russell and Henry G. Mitchell which
said Russell and Mitchell were arrested in the
County of Jefferson on the 26th [illegible] on a warrant
for kidnapping the said Mitchell being arrested
by the name of Martin Mitchell , and the said
Anson was by me committed to the gaol of Jefferson
County for no other purpose but his personal
safety. May 30th 1832

*G C Hammend*

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**Page 7** (6760_007.jpg)
> *Legal Function: Order*

The petitioner Anson having been this day
bought before me, Judge of the Circuit Court for the 3rd Judicial Circuit state of Missouri in obedience to a writ of
Habeas corpus in that behalf issued and
the persons in whose possession said petitioner
was found having refused to enter into a
recognizance as required by law on that behalf
. I do hereby order and direct that that the sheriff
of St St. Louis county do take possession of the
said and hire him out from time to time
during the pendency of the suit of the petitioner
in the behalf, and that he the said sheriff
take bond from the [illegible] hiring the petitioner
in the penalty of six hundred dollars
with such security as the said sheriff shall
appearance conditioned that the petitioner whall
at the times during the pendency of his suit
have reasonable liberty of attending his counsel
and the count and that the petitioner shall not be removed
out of the jurisdiction of the Circuit Court of
St Louis county, and that he shall not be subjected
to any severity because of his application
for freedom
— that the [illegible] hiring the petitioner
will pay the hire to said sheriff at the time
stipulated and return the petitioner at the
end of the time for which he is hired or sooner

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**Page 8** (6760_008.jpg)
if the said action shall be sooner determined
Given under my hand this 30th May 1832

*Will : C. Carr*
> *Legal Function: Caption*

No. 57
Saint Louis Circuit Court July Term 1832
Anson a person of color
vs
Henry G. Mitchel
& Henry Russel
suit for
freedom
order for hiring out
[illegible] & orders
[illegible]

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**Page 9** (6760_009.jpg)
> *Legal Function: Answer*

Henry [illegible] [illegible] & [illegible] [illegible]
[illegible]
[illegible]
And the said defendants
by there attorney [illegible] and defend the force and
[illegible] where & and say they are not gulty of
the [illegible] above in said declaration said
to there charge in manner and form as the said
plaintiff hath above alledged and of this they
put [illegible] upon the country &c

*filed 26th July 1832
Archibald Gamble clerk Foreman
atty*

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**Page 10** (6760_010.jpg)
> *Legal Function: Unknown*

Submission &[?] Judgment [illegible] Damages Book 6 page 492
> *Legal Function: Certificate of Filing for Not Guilty Plea*

No 57
St St. Louis Circuit Court
July Term 1832
Anson
vs
Henry G .Mitchell & Henry C Russell
Plea not guilty
guilty
Foreman

*Filed July 26th 1832
Archibald Gamble Clerk Archibald Gamble*
170
85
42
297

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