Paul Alland Augusto, an infant of color, by his next friend, Benjamin Lawhead v. Bazil Alland and Arend Rutgers

Item

Paul Alland Augusto, an Infant of Color, by His Next Friend, Benjamin Lawhead V. Bazil Alland and Arend Rutgers. 1835, St. Louis Circuit Court Historical Records Project, accessed October 8, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60817

Full Text: See images and transcription side by side
Case Title: Paul Alland Augusto, an infant of color, by his next friend, Benjamin Lawhead v. Bazil Alland and Arend Rutgers
Series: Freedom Suits
Plaintiff: Alland, Paul Augusto
Defendant: Alland, Bazil; Rutgers, Arend
Date Filed: 1835-06-16
Next Friend: Lawhead, Benjamin
Filing Date: 1835-06-16
Plaintiff’s Attorney: Magenis, Arthur L.
Court Name: St. Louis Circuit Court
Court Term: 1835-07
Clerk: Gamble, Archibald
Justice of the Peace: Hough, Daniel
Sheriff: Brotherton, James; Brotherton, Marshall
Sworn Declarant: Bogy, Davis
Cause of Action: Assault; Battery; Trespass
Case Notes: Plaintiff born at Prairie de Roche, Illinois; sued by next friend Benjamin Lawhead; was owned by Auguste Allard, then his son Bazil; hired out to defendant Rutgers; sought $20 damages.
Case Number: 67
Identifier: ccr1835.06730.012
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **Paul Alland Augusto, an infant of color, by his next friend, Benjamin Lawhead v. Bazil Alland and Arend Rutgers**

---

**Page 1** (6730_001.jpg)
> *Legal Function: Certificate of Filing*

[illegible] Book 7 -- 403 -- [illegible]
U.S. District Court -- 7 -- 410
[illegible] 183
No 67 Saint louis circuit Count
July term 1835
Paul Augusto allan an infant of color by Benjamin Lawhead
his next friend
vs
Bazil augusto allan[?]
and [illegible]
This is an action of assault and battery for [illegible] and [illegible]

*Magenis filed 16th june 1835
[illegible] atty for ptiff*

---

**Page 2** (6730_002.jpg)
> *Legal Function: Petition*

[illegible] To the judge of the third judicial circuit of the State of [illegible]
Your petitioner Paul augusto allan an infant of[?] Same [illegible] his respectfully presents that he was born at
De [illegible] in the then Territory, now State of Illinois any [illegible] alland an inhabitant De
Roche claimed and held your petitioner
as his slave at the place from the birth
of your petitioner until the death of said alland
between two and three years ago. That since the
decease of said alland your petitioner has been held in slavery, and claimed as a slave, augusto alland[?] of said augusto[?]
alland deceased. That a few months since Bazil augusto[?] alland hired your petitioner as a slave, to mr. of the resident of the city of St Louis and
State of missouri in whose custody and
charge your petitioner now is and who
claims and exercises authority over him [illegible]
the of such hiring .That your petitioner prays he may be permitted to die as a free personand establish his right to freedom

*Paul augusto[?] alland by his next friend Benjamin Lawhead [illegible]*
> *Legal Function: Notarization*

[illegible] State of Missouri County of St Louis [illegible]
Before me Daniel Hough
a justice of the peace within and for the

---

**Page 3** (6730_003.jpg)
County aforesaid personally appeared. Paul , au
gusto alland and made onth that the statements
contained in the within petition are true

*paul august Xhis allmed mark swom to and subscribed this 16th june 1835 DHough J. P.*
> *Legal Function: Order*

His hug [illegible] that the above
paul [illegible] allow he permitted to
sue [illegible] his peedr as a son push
and that outher p> majeis be xis
agyent is his counsel and that and pluff have normoble bless
to attend his counsel on the court
when occation may us and
and put the public shall not
be removed with of the [illegible] of
the event court of the couross louis
above thlyeet to any sevents because
this affaceth for feeds
16 june 1835 vcatin

*[illegible]*

---

**Page 4** (6730_004.jpg)
> *Legal Function: Complaint*

state of missouri
county of S louis
louis In the circuit court
july term 1835
Paul augusto alland an in
fant of color under the age of twenty one years by
Benjamin lawhead his well friend complains
of bazil augusts alland and grend Russers
of a plea of trespass for that the said defend
acts on 4th day of june in the year 1835
with foer and arms all the bounty aforesaid
made an assault upon him the said Paul
and then and there beat, bruised and ill treated
and imprisoned him the said paul and kept and
detained him in prison there without any rea-
sonable or probable cause whatsoever, for a
long space of time, tourt, from that day until
the day of bringing this suit, countrary to the law
of this land and againist the will of the said
Paul , and other wrongs to the said Paul then & then did to the great damage of the said Paul
and the said Paul saith that he is injured & hath sustained damage to the amomt of twenty
dollars and therefore he brings his suit [illegible] and
the said Paul in fact says that before and
at the time of the commission of the grievances
aforesaid he was, o t[illegible] is, a free person &
that the said defend held and detained & state
hold and detain him in slavery at the county
aforesaid.

*Paul augusto alland[?] [illegible] Benjamin Lawhead his next friend*

---

**Page 5** (6730_005.jpg)
> *Legal Function: Order*

copy of the order of the Judge permitting suit to be [illegible]
It is hereby ordered that the above Paul August Alland be permitted to sue for his freedom as a poor person and that [illegible] as his counsel and that said [illegible] have reasonable liberty to attend his counsel and the court when occasion
may require and that the petitioner shall not be removed out of the jurisdiction of the circuit court of the county of St. Louis or be subject
to any severity of because of his application for freedom- 16th june 1835

*[illegible]*
> *Legal Function: 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 Bazil Auguste Allard and Arend Rulgers[?]
that they 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 Second
monday of July next then and there to answer unto Paul August Alland an infant
of color under the age of twenty one years who sued by Benjamin Lawhead his next
friend of a [illegible] of [illegible] to the damage of the said Paul of twenty dollars and have
you then [illegible] writ

*witness Archibald Gamble clerk of our said
circuit court at office this sixteenth day of june
in the year of our lord one thousand eight hundred and thirty five Archibald Gamble Clerk*
> *Legal Function: Certificate of Execution*

Executed this writ by Reading it and the held and petition and also the order made by
the honorable Judge to Arend Rutgers on the 18th
day of June 1835 in the county of St. louis and Bazil Auguste Allard on the 24th day of June 1835 in St Louis County

*James Brotherton Shff[?] [illegible] M Brotherton D Shff[?] Service 200 [illegible]*

---

**Page 6** (6730_006.jpg)
> *Legal Function: Answer of Bazile Alland*

To the circuit court of the county of St. Louis in
the State of Missouri
The petition of Bazil alland a citizen[?] of of the State of Illinois
that he is lined in this court by one Paul ,, who claims
to be a citizen of Missouri . your petitioner for that the matter in dispute ends the
sum of five hundred Dollars, exclusive of costs. that said cause [illegible] the united states bount[?] for the Missouri District, submits to comply with the provisions of the law in such case made [illegible]

*Bazile X his alland[?] St. Louis July 13. 1835*

---

**Page 7** (6730_007.jpg)
> *Legal Function: Caption*

Paul vs [illegible]

---

**Page 8** (6730_008.jpg)
> *Legal Function: Affidavit*

Know all men by these that I acknowledge myself, to be held bound unto Paul a. alland[?] in the
[illegible] of one hundred - dollars - [illegible] this 17th day of july A D. 1835
The condition of this obligation is such
that whereas the above named Paul .a.alland[?] has is suit against Bazil a. Alland and Arend Rutgers , in the Circuit court of the county
of St Louis State of Missouri to establish his
freedom, wherein the said Bazil a alland has presented his petition for the removal[?] of the
cause into the next United States court for
the missouri district
[illegible] the said Bazil a. alland[?] - shallon the first day of the next[?] said United States court file copies of the county [illegible] is said cause [illegible] and [illegible] the this [illegible]

*[illegible]*

---

**Page 9** (6730_009.jpg)
> *Legal Function: Caption*

Paul a. alland
vs
Bazie a. alland [illegible]
Arend Rutgers

---

**Page 10** (6730_010.jpg)
> *Legal Function: Answer of Arend Rutgers*

Paul alland
vs
Bazille alland [illegible]
Arend Rutgers
july term 1878.
And the said arend Rutgers one of
the defendant in the above case comes into court
disclaims all and any interest on [illegible] he
has Paul alland- [illegible]-[illegible] on to
any interest or pretension of him the said Arend Rutgers be the said plaintiff may so guest [illegible]

*[illegible]*

---

**Page 11** (6730_011.jpg)
> *Legal Function: Caption*

Panl alland
vs
Bazille alland [illegible]
Arend Rutgers
Disclaimer by Arend Rutgers

---

**Page 12** (6730_012.jpg)
> *Legal Function: Jury Instructions*

The court by instructs the Jury
that Plaintiff is not entitled
to receive for any services [illegible] to 10th may 1839

*[illegible]*

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