Leah, a woman of color v. Arthur Mitchel

Item

Leah, a Woman of Color V. Arthur Mitchel. 1832, St. Louis Circuit Court Historical Records Project, accessed October 8, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60780

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Case Title: Leah, a woman of color v. Arthur Mitchel
Series: Freedom Suits
Plaintiff: Leah
Defendant: Mitchel, Arthur
Date Filed: 1832-09-27
Filing Date: 1832-09-27
Plaintiff’s Attorney: Bird, Gustavus A.
Defendant’s Attorney: Newman, John
Court Name: St. Louis Circuit Court
Court Term: 1832-11
Judge: Carr, William C.
Clerk: Gamble, Archibald
Justice of the Peace: Walsh, Patrick K.
Sheriff: Walker, John K.; Brotherton, James; Abbey, A. O.
Cause of Action: Trespass; Assault; Battery; False Imprisonment
Case Notes: Plaintiff claimed that she & defendant moved from Kentucky to Ohio in 1817; she sued for freedom in court of common pleas, Brown County, Ohio; plaintiff sued also for freedom for her children, Archibald & Brunetta.
Case Number: 68
Identifier: ccr1832.06765.012
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **Leah, a woman of color v. Arthur Mitchel**

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**Page 1** (6765_001.jpg)
> *Legal Function: Petition for Permission to Sue as a Poor Person*

State of Missouri
The Honorable William C Carr
Judge of the Circuit Court
Judicial Circuit in Said State
Your Petitioner represents to your honor that she is
now & for the last five or six years past has been
held inn slavery & claimed as the slave of Arthur
Mitchel at St. Louis in the State of Missouri where
she is now held & claimed as a slave by said Arthur
Your petitioner says that she is justly & legally entitled
to her freedom. Your petitioner says that some
time about the year 1817 said Arthur Mitchel
moved from the State of Kentucky into the State of
Ohio & leased a farm in Ohio & resided on Said
Farm with his family & your Petitioner whom he then held as a slave & said Arthur continued
to employ your Petitioner in said state of Ohio on said
farm for about six months in said year 1817 -
your petitioner further says that in April 1826
said Mitchel had your Petitioner in the State of
Ohio claiming her as a slave when the State of Ohio on behalf of your petitioner by writ of Habeas
Corpus caused your Petitioner to be brought before
the court of Common Pleas of Brown County &
State of Ohio by said Mitchel to whom the said
writ was directed & who returned said writ
as follows - as I know the [illegible] of Lea & her
"child Archibald ready to produce before the Honorable
Court [illegible] I had said [illegible] & [illegible] as my [illegible]
"under the constitution & laws of the State of Kentucky
"& I think have a right to claim & hold them
"as Slaves & am now about to take said Lea &
"child to Kentucky April 18th 1826. A Mitchel,
your petitioner says that on the 20th day of April 1826
Your Petitioner & said Mitchel appeared before
said Court by their attained & the said court
after hearing all the evidence produced by the

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**Page 2** (6765_002.jpg)
[illegible] found that your Petitioner was free &
discharged her & her Said child from the Custody of
said Mitchel as will appear by a duly certified copy of the record
& providing an said writ of Habeas Corpus
in possession of your Petitioner & which she is ready
to produce to your honor your Petitioner says that
in defiance of Said Judgement & discharge Said
Mitchel now holds your Petitioner in Slavery Said
Mitchel is about to remove from the State of
Missouri & is endeavoring to sell your Petitioner
your Petitioner verily believes that there is great danger
that she & her children who are free will be
removed aut of the Jurisdiction of Said Court
unless a writ of Habeas Corpus shall issue
to Said Mitchel requiring him to produce your
Petitioner & her children before your & such
providing shall he had thereon as the law
points out in such cases. Your Petitioner
prays that she may be permitted to sue as
a poor person to establish her freedom that
counsel may be assigned & such orders
made & such providing had in the promises
as her personal safety & the law requires

*Sworn to and subscribed before me this 25th day of September AD 1832 Patrick Walsh Justice of the Peace St. Louis County Leah her
Mark*
> *Legal Function: Notarization*

The above named Leah on her oath says
that the facts in the above petition stated she
believes to be true & most of them she knows to
be true.

*Sworn to and subscribed before me this
25th day of September AD. 1832-
Patrick Walsh
Justice of the Peace
St. Louis County Leah her
Mark*

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**Page 3** (6765_003.jpg)
> *Legal Function: Order Granting Permission to Sue as a Poor Person*

I William C Carr Judge of the Circuit Court
for the Third Judicial Circuit & State of Missouri
do hereby order that the above named Petitioner
lea be permitted to sue as a poor person
to establish her freedom I do hereby assign
Gustavus A Bird as her Counsel and I
do moreover order that said Lea have
reasonable liberty to attend her counsel & the Court when occasion may require
and that the Petitioner shall not be removed
out of the Jurisdiction of the St Louis Circuit
Court nor be subject to any severity because
of her application for freedom. Given under
my hand this 26. Sept. 1832

*Will C. Carr*

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**Page 4** (6765_004.jpg)
> *Legal Function: Petition to Sue for Freedom*

Petition of Lea
To sue for freedom to

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**Page 5** (6765_005.jpg)
> *Legal Function: Complaint*

State of Missouri . Circuit Court third Judicial Curcuit
November Term 1832
Saint Louis County Ss Leah a woman of color
by GA Bird her attorney complains of Arthur
Mitchel of a plea of trespass assault & of Battery
& false imprisonment for that heretofore
to wit on the Twenty First day of April in
the year of [illegible] 1832 at the County aforesaid
the said Arthur with force & arms an assault-
did make upon her the said Leah & her the
said Leah did then & there beat wounded &
ill treat & then & there did imprison the Said
Lea & has kept & detained her in prison there
without any legal or probable cause whatsoever
from the day last aforesaid until this time
& has thereby prevented said Lea from carried
a large sum of money for her self which she
should otherwise have carried for herself to wit
the sum of seven hundred dollars & other wrongs
to the said Leah then & there did against
the [illegible] & dignity of said State and
said Lea says that at & before the time of
the commiting said grievances She was & still
is a free person & the Said defendant held
& detained & still holds & detains said plaintiff
in Slavery Wherefore Said Leah say she is
greatly injured & hath sustained damage
to eight hundred dollars therefore she sues to

*Filed 27th September 1832 GA Bird atty for plff Archibald Gamble Clerk*
> *Legal Function: Order*

Copy of the order of the Judge of the St St. Louis Circuit Court permitting plaintiff to sue
I William C Carr Judge of the Circuit Court for the third Judicial Circuit & State of Missouri do
hereby order that the above named petitioner Lea be permitted to sue as a poor person to Establish her
freedom. I do hereby assign Gustavus A Bird as her counsel and I do moreover order that said Lea
have reasonable liberty to attend her counsel & the Court when occasion may require and that the
Petitioner shall not be removed out of the Jurisdiction of the St St. Louis Circuit Court nor be

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**Page 6** (6765_006.jpg)
subject to any severity because of her application for freedom -

*Given under my Hand
this 26 Sept. 1832 Will . C Carr A True Copy of the order Archibald Gamble Clerk*
> *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 Arthur Mitchel 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 Saint Louis on the fourth Monday of
November next then and there to answer unto Leah a woman of Color of a
plea of trespass assault and Battery and false imprisonment wherefore said
Leah says she is greatly injured and hath sustained damage to Eight Hundred
dollars and have you then there this writ

*Witness Archibald Gamble Clerk of our Said Circuit
Court at Office this twenty seventh day of September in
the Year of Our Lord one thousand Eight Hundred
and thirty two Archibald Gamble Clerk*
> *Legal Function: Certificte of Execution*

Executed this writ by attempting to read it & the declaration
& order of the Judge of the Circuit Court to Arthur
Mitchell he refused to hear it read in consequence
of his being hard of hearing & read it him
self & acknowledged the service of the [illegible]
in the city of St Louis on the 27th of September 1832

*service $ 1.00 John K Walker shff
by J Brotherton[?] [illegible]*
> *Legal Function: Caption*

Leah a woman of Colour
vs
Arthur Mitchel No. 58
Saint Louis Circuit Court
November Term 1832
Leah
vs
Arthur Mitchel
This is an action trespass
assault & Battery & false
imprisonment & for
Freedom Damages \$800
the Clerk will please
issue a Summons to

*G A Bird atty for
plff Filed 27th September 1832 Archibald Gamble Clerk*

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**Page 7** (6765_007.jpg)
> *Legal Function: Recognizance*

We the undersigned Arthur Mitchell & Joseph
Powell acknowledge ourselves to be indebted
to the State of Missouri in the sum of one thousand
dollars to be earned of our respective goods
& chattels lands & [illegible] upon condition
nevertheless, that whereas Leah and her two children
Archibald and Burnette have been
permitted to sue for freedom now if the said
[illegible] Archibald & Burnette shall at all
times during the [illegible] of their said
suit have Reasonable liberty of attending
her or their counsel and that said Leah
Archibald & Burnette and that they
shall not be removed out of the
Jurisdiction of the circuit Courts
of St Louis county and that the said
Leah Archibald & Burnette shall
not be subjected to any severity because
of their application for freedom
during the pending of said suits then
this recognizance to be void -

*Taken certified & acknowledged before
me this 27th day of
Sept: 1832 as Judge of
the 3. Circuit, for the
State of Missouri Will :C. Carr A Mitchell
[illegible] [illegible]*

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**Page 8** (6765_008.jpg)
> *Legal Function: Caption*

Leah & her children
vs
Arthur Mitchell
Recognizance

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**Page 9** (6765_009.jpg)
> *Legal Function: Defendant's Plea*

And the said Arthur by G. Newman
his attorney comes & defends the force and
injury when &c. and says that he is not guilty
of the said supposed trespasses above
laid to his charge or any part thereof
in manner and form as the said Plaintiff
hath above therefore complained against
him. And of this he the said Arthur
puts him self uponthe county & C.

*filed Nov 29 1832
A.D. J Newman ford.*

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**Page 10** (6765_010.jpg)
> *Legal Function: Caption*

No 68
Nov Term 1832
Leah
vs Arthur Mitchel
Plea
[illegible]
Not guilty

*filed Nov 29th 1832 A G Clk*
Discontinued Book 3 page 427

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**Page 11** (6765_011.jpg)
> *Legal Function: Summons for Robert King and Betsey Johnson*

County Of St. Louis --Sct.
State of Missouri , To the Sheriff of St. Louis County--Greeting.
You are hereby commanded to summon Robert King Betsey Johnson wife of
James Johnson
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 Eight day of August next
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 Leach is
plaintiff, and Arthur 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 14th day of June
in the year of our Lord one thousand eight hundred and thirty three A Gamble Clerk C. C.*

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**Page 12** (6765_012.jpg)
> *Legal Function: Caption*

July Term 1833
Leah
vs
Arthur Mitchell
for plaintiff

*Robt King
Betsey Johnson wife
of James Johnson on 8th August*
> *Legal Function: Certificate of Execution*

Executed this writ on Robert King & Betsey Johnson
wife of James Johnson the 19th July 1833 in the
County of St. Louis

*Service \$1.00 John K Walker Sheriff
By A. O. Abbey Dept. Shff*

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

Leah, a Woman of Color V. Arthur Mitchel. 1832, St. Louis Circuit Court Historical Records Project, accessed October 8, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60780