Andrew, a boy of color, by and through his next friend, Judy v. John B. Sarpy
Item
Andrew, a Boy of Color, by and through His Next Friend, Judy V. John B. Sarpy. 1837, St. Louis Circuit Court Historical Records Project, accessed October 9, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60852
- Case Title
- Andrew, a boy of color, by and through his next friend, Judy v. John B. Sarpy
- Series
- Freedom Suits
- Plaintiff
- Andrew
- Defendant
- Sarpy, John B.
- Date Filed
- 1837-01-09
- Next Friend
- Judy
- Filing Date
- 1837-01-09
- Plaintiff’s Attorney
- Risque, Ferdinand W.
- Defendant’s Attorney
- Hudson, Thomas B.
- Court Name
- St. Louis County Court
- Court Term
- 1837-01
- Clerk
- Ruland, John
- Justice of the Peace
- Lawless, Luke E.
- Sheriff
- Brotherton, James
- McClung, Joseph W.
- Sworn Declarant
- Creli, Franics
- Cause of Action
- Trespass
- False Imprisonment
- Assault
- Battery
- Case Notes
- Sued by grandmother Judy; Andrew aged 16; plaintiff sought $300 damages; Virginia; Louisville, Kentucky; Pierre Chouteau summoned as witness; defendant claimed Peter Menard as his key witness.
- Disposition
- Jury Verdict for Plaintiff
- Case Number
- 43
- Identifier
- ccr1837.06828.090
- Source
- Missouri State Archives - St. Louis
- Rights
- Public Domain
- PDF Download
- Download PDF of all images
- Transcription
-
**Andrew, a boy of color, by and through his next friend, Judy v. John B. Sarpy**
---
**Page 1** (6828_001.jpg)
> *Legal Function: Petition to Proceed In Forma Pauperis*
To the Honorable Luke E.Lawless Judge of the Third
Judicial Circuit Court for the state of Missouri
The petition of Andrew a boy of color by Judy his
mother and next friend respectfully represent that
he is about sixteen years of age and the grand son of Judy
and son of Celeste [illegible] [illegible] [illegible] who was born in the state of Virginia about the year
1786 and when about 10 or 11 years old was brought to
Louisville Kentucky and sold to a certain William
Sullivan who kept her for a short time as a
slave and then [illegible] her to a certain Robert
Bunton a resident of the town of Vincennes in
the north-western Territory. That the said Bunton
took your petitioner's mother to the town of Vincennes
in the Territory aforesaid about the year 1798 in
which place she was owned and continued to be
held as a slave by the said Bunton for the
space of two years or upwords. That after your
petitioner's mother had been held and treated as a
slave in the town of Vincennes and territory aforesaid
for the length of time set forth above she
was sent to Kaskaskia in the said Territory
and some short time afterwards sold to a
certain William Lecompte[?] of the town of
Saint Louis in the province of upper Louisiana
where she has remained in slavery ever since
---
**Page 2** (6828_002.jpg)
Your petitioner further represents that she is now
[illegible]illegally held in slavery by a certain John B .
Sarpy of Saint Louis contrary to the provisions
of an ordinance passed by the Congress of the
United States on 13th day of July 1787. Your petitioner
therefore prays that he may be permitted
to sue as a poor person in and an to establish
his right to freedom, that counsel be
assigned him for that purpose and finally
that your Honor may grant the usual orders
in such cases and as in only bound will
ever pray &C-
*Andrew by Judy
his mother & next friend her
mark*
> *Legal Function: Affidavit*
State of Missouri
Saint Louis County
ss
This day Judy a woman of color [illegible] before
the undersigned a Justice of the peace for the County aforesaid
and made oath that the matter and things in the foregoing peititon
contained so far as they depend upon her own knowledge are true
and those derived from the information of other she believes to
be true.
*Andrew by Judy
his mother and next
friend her
mark Subscribed andd sworn[?] to before me
this 9th day of January 1837. [illegible] [illegible]*
> *Legal Function: Order*
1st. It is hereby ordered that Andrew
by Judy his mother and next friend be permitted to sue as
a poor person for the recovery of his freedom and that
F.W.Risque be assigned as counsel for that purpose.
---
**Page 3** (6828_003.jpg)
> *Legal Function: Order*
2d That the said Judy have reasonable liberty to attend
her counsel and the Court as occasion may require,
that she be not removed out of the juridiction of
the court, and that she be not subject to
any severity on account of her application for
freedom.
*[illegible] [illegible]
Judge [illegible] S Louis 9[?] January 1837*
---
**Page 4** (6828_004.jpg)
> *Legal Function: Certificate of Filing*
Andrew by &C.
vs
Sarpy
Petition to sue in
forma pauperis
---
**Page 5** (6828_005.jpg)
> *Legal Function: Complaint*
Circuit Court March Term 1837.
Saint Louis County to wit:
Andrew a minor by Judy his mother
and next friend by F.W.. Risque his attorney
complains of John B.Sarpy of a plea
of trespass for false imprisonment [illegible]:
For that whereas the said Sarpy heretofore
[illegible]: on the 2d day of January 1837
at the county aforesaid with force and
arms made an assault upon the said
Andrew to wit: at & C, and then and
there beat, bruised, and illtreated him the
said Andrew and then and there imprisoned
him and kept & detained him in
prison there without any reasonable or probable
cause whatsoever for a long space
of time to wit: for the space of
there next following contrary to the act
of the general assembly in such case
made and provided and against the consent
of the said Andrew . And the said
Andrew by Judy his [illegible] next
---
**Page 6** (6828_006.jpg)
friend 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 said Sarpy held and still holds
him in slavery to the damage of the
said plaintiff $ 300 and therefore he
brings suit &C-
*F.W.Risque
counsel for
plaintiff*
> *Legal Function: Certificate of Filing*
[illegible]
Circuit Court March Term
1837
Andrew by &C
vs
Sarpy
Declaration
This is an action for
false imprisonment
in forma pauperis for
the recovery of freedom. [illegible]
Damage $ 300. The clerk will issue a>
summons.
*F. W. Risque
p.[illegible]*
---
**Page 7** (6828_007.jpg)
> *Legal Function: Summons*
County of St. Louis Ss.
The State of Missouri To the Sheriff of the County of St. Louis
Greeting:
We command you to summon John B.Sarpy if he
be found in your County, that he be and appear before the Judge
of our Circuit Court on the first day of the next Term thereof,
to be held at the City of St.Louis within and for the County
of St. Louis on the Second monday of March, next
then and there to and now unto Andrew , a minor, of a plea
of Trespass for false imprisonment, to the damage of said
plaintiff of Three hundred Dollars, and have you
then there this writ.
*Witness John Ruland Clerk of
our said Court and the seal thereof
hereto affixed at office in the
City of St. Louis this ninth day
of January eighteen hundred
and thirty seven. Jn. Ruland Clerk*
> *Legal Function: Order*
1st. It is hereby ordered that Andrew by Judy his mother and next friend
be permitted to sue as a poor person for the recovery of his freedom
and that F.W.Risque be assigned as counsel for that purpose.
2nd- That the said Judy have reasonable liberty to attend her
counsel and the Court as occasion may require. that she be not
removed out of the jurisdiction of the court, and that she be not
subject to any severity on account of her application
for freedom. 9th Jany 1837. L.E.Lawless Judge C.C.
C. St. Louis .
*A true copy of the order endorsed on the petition.
Attest. Jn Ruland Clerk*
---
**Page 8** (6828_008.jpg)
> *Legal Function: Certificate of Execution*
Executed this writ on the 11th day of
January 1837 in the county of St Louis
by offering to [illegible] it and the declaration
and petition and also the order made
by the honorable Judge to John B Sarpy
all of which he Refused to hear from me
and Requested me to let him Read it
himself which I did and he acknowledged
the service thereof
*James Brotherton Sheriff
By M Brotherton D Sheriff Service $ 1.00*
> *Legal Function: Certificate of Filing*
No 43. St. Louis Circuit Court
March Term 1837
Andrew (by his next friend)
and mother, Judy
vs
John B.Sarpy
This in action of trespass for
false imprisonment Dam $ 300.
*F.W.Risque for Ptff[?] Filed Jany 9. 1837 Jn Ruland Clerk*
---
**Page 9** (6828_009.jpg)
> *Legal Function: Answer*
[illegible]
vs
John B Sarpy
In St St. Louis Circuit Court
And the said John by
[illegible] his attorney comes and defends the
force and injury when & C and says that
he is not guilty of the presences in manner
& form as the plaintiff hath above thereof
in his declaration thereof alleged and
of this be puts himself upon the county & C
*[illegible] for deft And the plaintiff doth the like Risque P.[illegible].*
---
**Page 10** (6828_010.jpg)
> *Legal Function: Certificate of Filing*
verdict for plff- book 8 page 306
No 43 March T. 1837
Andrew
vs
Jn.B Sarpy
plea Not Guilty
*Filed 15th March 1837 John Ruland Clerk*
---
**Page 11** (6828_011.jpg)
> *Legal Function: Notice to Take Deposition*
Andrew by Judy a woman of
color his [illegible] next friend
vs
John B Sarpy St. Louis Circuit Court .
Take notice, that on the twenty second day of July in the
year of our Lord, one thousand eight hundred and thirty seven , between the hours of
eight O clock, in the forenoon, and seven O clock in the afternoon, of that day, at
the tavern of John C.Clark in the town of Vincennes
in the state of Indiana,
depositions will be taken by the undersigned, to be read on the trial of the above entitled case, on
behalf of the plaintiff; and that the taking of said depositions, if not completed
on that day, will be continued from day to day, at the same place, and between the same hours,
until completed.
*To the above named Plff
John B Sarpy defendant Saint Louis July 7th 1837 Andrew by Judy a woman
of color his mother and
next friend. Judy by F. W. Risque her
attorney.*
---
**Page 12** (6828_012.jpg)
> *Legal Function: Certificate of Service*
Served this notice by delivering as true copy thereof
to John B Sarpy , on the 7th day of July, 1837
in the County of St Louis -
*James Brotherton Sheriff By Joseph W McClurg D Sheriff Service $ = 50*
> *Legal Function: Acknowledgement of Notice*
Andrew by Judy a woman
of color his [illegible]
and next friend
vs
John B Sarpy
notice
---
**Page 13** (6828_013.jpg)
> *Legal Function: Dedimus to Send Depositions*
County Of St Louis , Sct.
The State Of Missouri , To any Judge or Justice of the Peace or other Judicial officer of the State of Indiana
Greeting:
We, reposing special trust and confidence in your integrity and circumspection, do authorize
and require you, that you cause to come before you, such person or persons as shall
be named to you by, Andrew / a person of color, by Judy his
next friend / his
Attorney or Agent, and him or them examine upon his, her or their corporal oath, (to be by
you administered,) touching their knowledge of any thing that may relate to a certain matter
of controversy, now pending in our Circuit Court , for the county of St. Louis , wherein
said Andrew , by Judy his next friend / is
plaintiff and John B. Sarpy is
defendant on the part of the plaintiff and having so reduced
the said depositions so taken by you as aforesaid in writing, you are required to send the
same, together with this commission, enclosed under your seal, to our said Circuit Court ,
with all convenient speed.
*Witness, John Ruland , Clerk of our said Circuit
Court , at the City of St. Louis , this Fourteenth
day of July in the year of our Lord, one
thousand eight hundred and thirty-seven. Jn. Ruland Clerk C. C.*
---
**Page 14** (6828_014.jpg)
> *Legal Function: Certificate of Filing*
No 43 St. Louis Circuit Court
Andrew (a person of color
by Judy his next friend)
vs
John B. Sarpy
Dedimus -
---
**Page 15** (6828_015.jpg)
> *Legal Function: Summons*
County of St. Louis , Sct.
State Of Missouri , To the Sheriff of St. Louis County---Greeting.
You are herby commanded to summon
Francois Mallette, Pierre & Chouteau Senr
Madame Lamand Mrs Bouis Mrs Guion ([illegible])
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 Second 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 Andrew by Judy his mother is
plaintiff and John B .Sarpy is
defendant, on the part of Defendant
and have you then there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court , at
the City of St. Louis , this fourteenth day of July
in the year of our Lord, eighteen hundred and thirty Seven Jn. Ruland Clerk, C. C.*
---
**Page 16** (6828_016.jpg)
> *Legal Function: Certificate of Service*
Served this writ by reading the same to Francois
Mallette & Pierre Choutean on the 20th day of July,
1837, in the County of St Louis . and served the
serve by Madame Lamand Mrs Bouis and Mrs
Guion by delivering to each of them true Copies
thereof, on the 24th July in the year & County aforesaid
*James Brotherton sheriff
By Joseph W McClurg DSheriff[?] [illegible] Service $ 2.50*
[illegible] July Term 1837
Andrew by his next friend
vs
Jno B Sarpy
*Defts Witnesses Fras[?] Mallette 20 July Pierre Choutean Senr 20 Madame Lamand 24 Mrs Bouis 24 Mrs Guion 24 for 2nd august*
---
**Page 17** (6828_017.jpg)
> *Legal Function: Summons*
County of St. Louis , Sct.
State Of Missouri , To the Sheriff of St. Louis County---Greeting.
You are herby commanded to summon
Frs: Mallette, P Chouteau Sen
Madam Lamand Mrs Bouis Mrs Guion
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 twenty Second day of aug 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 Andrew by his next friend Judy is
plaintiff and John B .Sarpy
defendant, on the part of Deft
and have you then there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court , at
the City of St. Louis , this third day of August
in the year of our Lord, eighteen hundred and thirty Seven Jn. Ruland Clerk, C. C.*
---
**Page 18** (6828_018.jpg)
> *Legal Function: Certificate of Service*
Served this writ on P Choutean Senr. Madame Lamand
Mrs Bouis on the 4th & on F Mallette on the 10th, & on Mrs
Guion on the 14th days of August 1837, in the County
of St Louis ,
*James Brotherton Sheriff
By Joseph W McClurg D Sheriff [illegible] Service $ 2.50*
July Term 1837 [illegible]
Andrew by Judy ([illegible] [illegible])
vs
J B Sarpy
*Deft F Mallette 10 P Choutean Sen 4 Madam Lamand 4 Mr. Bouis 4 Mrs Guion 14 22nd august*
---
**Page 19** (6828_019.jpg)
> *Legal Function: Summons*
County of St. Louis , Sct.
State Of Missouri , To the Sheriff of St. Louis County---Greeting.
You are hereby commanded to summon Madam Lama at Mr Louis Brageau's[?]
Madame Belcour & Frs Crely
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 22nd 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 Andrew is
plaintiff and J B.[illegible] is
defendant, on the part of Plff
and have you then there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court , at
the City of St. Louis , this 19th day of August
in the year of our Lord, eighteen hundred and thirty Seven Jn. Ruland Clerk, C. C.*
---
**Page 20** (6828_020.jpg)
> *Legal Function: Certificate of Execution*
Excuted this writ by reading it to F Crely
on the 21st; and by delivering a true copy
thereof to Madame Lama on the 19th and
to Madame Belcour on the 21st days of august
1837, in the county of St Louis ,
*James Brotherton Sheriff
By Joseph W McClurg DSheriff[?] [illegible] Service $ 1.50*
July Term 1839 [illegible]
Andrew by Judy
vs
J B Sarpy
*Plff Madam Lama 19 Madam Belcour 21 F Crely 21 22d augt*
---
**Page 21** (6828_021.jpg)
> *Legal Function: Summons*
County of St. Louis , sct.
State Of Missouri , To the Sheriff of St. Louis County---Greeting:
You are herby commanded to summon Joseph C. Lavielle
Edward Tracy & Michelle Tepin[?]
that setting aside all manner of excuse and delay, he be and appear in proper person
before the Judge of our Circuit Court , on the twenty third day of
August 1837
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 Andrew by Judy his mother & next friend
is plaintiff and John B .Sarpy is
defendant, on the part of the plaintiff
and have you then and there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court , at
the City of St. Louis , this 22nd day of august
in the year of our Lord, eighteen hundred and thirty Seven John Ruland Clerk, C. C.*
---
**Page 22** (6828_022.jpg)
> *Legal Function: Certificate of Filing*
Andrew by &
vs
Sarpy
Subpoena
*Witness for Plff Jos. C. Lavielle ED: Tracy &
Michael Tepon*
> *Legal Function: Certificate of Execution*
Executed this writ on all the written named witnesses
on the 22nd day of august, 1837. in the county of
St Louis ,
*James Brotherton Sheriff
By Joseph W McClurg DShff [illegible] Service $ 1.50*
---
**Page 23** (6828_023.jpg)
> *Legal Function: Summons*
County of St. Louis , sct.
State Of Missouri , To the Sheriff of St. Louis County---Greeting:
You are herby commanded to summon Edward P Tepon
that setting aside all manner of excuse and delay, he be and appear in proper person
before the Judge of our Circuit Court , on the this day
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 Andrew by Judy is
plaintiff and John B .Sarpy is
defendant, on the part of the plaintiff
and have you then and there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court , at
the City of St. Louis , this 24th day of august
in the year of our Lord, eighteen hundred and thirty Seven John Ruland Clerk, C. C.*
---
**Page 24** (6828_024.jpg)
> *Legal Function: Certificate of Filing*
[illegible]
Andrew by &
vs
Sarpy
[illegible]
Served this writ on Edwd P Tepon on the
24th day of august 1837, in the County of
St Louis
*James Brotherton Sheriff
By Joseph W McClurg [illegible] D Shff Service 50 [illegible]*
---
**Page 25** (6828_025.jpg)
> *Legal Function: Verdict for Plaintiff*
Andrew
vs
Jn. B Sarpy.[?]
Suit for Freedom
We the jury find a verdict for
the plaintiff and that the plaintiff was in the
possission of the Defendant
*H B Belt Foreman*
---
**Page 26** (6828_026.jpg)
---
**Page 27** (6828_027.jpg)
> *Legal Function: Motion to Set Aside Verdict and for a New Trial*
Andrew by Judy
his next friend
vs
John B Sarpy
The defendant moves the court
To set aside the verdict and award a new trial
[illegible]
1.The verdict is against law & [illegible]
2.The court misdirected the jury
3.Because it was not proved that at the time
of the commencement of the action the defendant
held the plaintiff as a slave is a fact affirmed
by the plaintiff and denied by defendant.
*[illegible] for defty*
---
**Page 28** (6828_028.jpg)
> *Legal Function: Certificate of Filing*
Verdict for plff book 2 page 306 motion for new trial sustained 319[?] contind[?] [illegible] deft 382.
continued by consent book 9 - page 45 non suit 240
Book 8
193
306
308
319
382
45
240
> *Legal Function: Certificate of Filing, part 2*
No 43 March Term 1837
Andrew by judy
vs
Jn[?] B Sarpy
Motion for a new trail
*Filed 25 aug 1837 John Ruland Clerk*
---
**Page 29** (6828_029.jpg)
> *Legal Function: Summons*
County of St. Louis , sct.
State Of Missouri , To the Sheriff of St. Louis County---Greeting:
You are hereby commanded to summon Madam Lama Madm[?] Belcour
F Creely
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 1st Dec 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 Andrew is
plaintiff and Jno B .Sarpy is
defendant, on the part of Plff
and have you then and there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court , at
the City of St. Louis , this 17 day of Oct
in the year of our Lord, eighteen hundred and thirty Seven Jn Ruland Clerk, C. C.*
---
**Page 30** (6828_030.jpg)
> *Legal Function: Certificate of Service*
Not Served, the docket being changed
3 nonests - 37 1/2 Cts
*James Brotherton Sheriff*
Nov Term 1837
Andrew
vs
J B Sarpy
*Plff Madam Tancy Do Belcour F Crely 1st Dec*
---
**Page 31** (6828_031.jpg)
> *Legal Function: Summons*
County of St. Louis , Sct.
State Of Missouri , To the Sheriff of St. Louis County---Greeting.
You are herby commanded to summon
Frs Malette P Chouteau Senr
Mad: Lamand , Mrs Bouis , Mrs Guion
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 1st Dec 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 Andrew is
plaintiff and J B .Sarpy
defendant, on the part of Deft
and have you then and there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court , at
the City of St. Louis , this 17 day of Oct
in the year of our Lord, eighteen hundred and thirty Seven Jn. Ruland Clerk, C. C.*
---
**Page 32** (6828_032.jpg)
> *Legal Function: Certificate of Service*
Not served the docket being altered
5 nonests - 62 1/2 Cts
*James Brotherton Sheriff*
Nov Term 1839
Andrew
vs
Jno B Sarpy
*Deft Frs: Malette P Choutean Sen Mad Lamand Mrs Bouis Mrs Guion 1st Dec*
---
**Page 33** (6828_033.jpg)
> *Legal Function: Summons*
County of St. Louis , Sct.
State Of Missouri , To the Sheriff of St. Louis County---Greeting.
You are herby commanded to summon
Madam Laney[?] Madam Belcour
F Crely J C Laveille Edw Tracy M Tesson E P Tesson
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 28th Nov
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 Andrew > by next friend is
plaintiff and John B .Sarpy
defendant, on the part of Plff
and have you then and there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court , at
the City of St. Louis , this 15 day of Nov
in the year of our Lord, eighteen hundred and thirty Seven Jn. Ruland Clerk, C. C.*
---
**Page 34** (6828_034.jpg)
> *Legal Function: Certificate of Execution*
Excuted this writ on Madam Lama Madam
Belcour M Tesson E P Tesson on the 27th and
on F Crely, F C Laveille & Edw Tracy on the 30th
days of November, 1837, in the county of St Louis ,
*James Brotherton Sheriff
By Joseph W McClurg DSheriff[?] [illegible] Service $ 3.50*
Nov Term 1839 [illegible]
Andrew
vs
J B Sarpy
*Plff Madam Laney[?] 27 Do Belcour 27 F Crely 30 F C Laveille 30 Edw Tracy 30 M Tesson E P Tesson 27 28th Nov*
---
**Page 35** (6828_035.jpg)
> *Legal Function: Summons*
County of St. Louis , Sct.
The State Of Missouri , To the Sheriff of St. Louis County---Greeting.
You are herby commanded to summon
Francis Crely Michael S . Cere Joseph
A Sire, Joseph A . Lutz John B. Sarpy
Wilson Primm Rosalie wife of John [illegible] Belcour & madam Lama
that setting aside all manner of excuse and delay, he be and appear in proper person
before the Judge of our Circuit Court , on the tuesday the 28th next forthwith
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 Andrew a boy of color by Judy his next friend is
plaintiff and John B.Sarpy is
defendant, on the part of the plaintiff
and have you then and there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court ,
at the City of St. Louis , this 21st day of November
in the year of our Lord, eighteen hundred and thirty Seven John Ruland Clerk, C. C.*
---
**Page 36** (6828_036.jpg)
> *Legal Function: Certificate of Execution*
Excuted this writ on Michael S.Cerre[?] Joseph A Lutz
John B Sarpy Rosalia[?] Belcour & Madam [illegible]
on the 27th and on Joseph A Sire on the 28th and
on Francis Crely and Wilson Primm on the 30th
days of november, 1837, in the county of
St Louis ,
*James Brotherton Sheriff
By Joseph W McClurg DShff [illegible] Service $ 4.00*
Subpoena
Andrew by & [illegible]
vs
Sarpy
*Witnesses Francis Crely 30 Michael S .Cere 27 Joseph A . Sire 28 Joseph A . Lutz 27 John B. Sarpy 27 Wilson Primm 30 Rosalia[?] Belcour 27 Mde lama for tuesday
the 28th [illegible]*
---
**Page 37** (6828_037.jpg)
> *Legal Function: Summons*
County of St. Louis , Sct.
State Of Missouri , To the Sheriff of St. Louis County---Greeting.
You are hereby commanded to summon
frs Malette P Chouteau Sen
Mad. Lamand , Mrs Bouis Mrs Guion
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 28th Nov 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 Andrew by next friend is
plaintiff and Jno B .Sarpy is
defendant, on the part of Deft
and have you then and there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court , at
the City of St. Louis , this 25 day of Nov
in the year of our Lord, eighteen hundred and thirty Seven Jn. Ruland Clerk, C. C.*
---
**Page 38** (6828_038.jpg)
> *Legal Function: Certificate of Filing*
Served this writ on F Malette on the 30th
on P Choutean Senr & Mrs Guion on the
23, & on mad lama on the 27th days of
november 1837. in the county of St Louis , Mrs Bouis not found
*James Brotherton Sheriff
By Joseph W McClurg DShff [illegible] Service $ 2.00 nonest 12 1/2 $ 2.12 1/2*
[illegible] Nov Term 1839
Andrew by next friend
vs
J B Sarpy
*Deft Frs Malette 30 P Choutean Senr 23 Mad: Lamand 27 Mrs Bouis Mrs Guion 23 28th Nov*
---
**Page 39** (6828_039.jpg)
> *Legal Function: Certificate of Filing*
No 43 Saint Louis Circuit Court
March Term 1837
John B Sarpy
ads
Andrew
[illegible]
*Filed 29th Nov: 1837 John Ruland*
---
**Page 40** (6828_040.jpg)
---
**Page 41** (6828_041.jpg)
> *Legal Function: Affidavit*
Andrew
vs
John B Sarpy
John B Sarpy the above named Deft
[illegible] oath that Peter Menard is a material
witness for him on the trial of the above cause that there
is no other witness in attendance upon whose testmony
the said Deft can Safely rely to prove the potential facts
that the said Peter Menard is expected to prove, the Deft
belives that he cannot safely go to trial without the testimony
of the said Menard , that said Menard is not
absent by the consent connivance or procurment[?] of this
affiant. Affiant states that he believes the testimony
of said Menard of great importance on his behalf
and affiant further states that said Menard is a resident
of Kaskaskia Illinois , and at the request
of this affiant came from home to St Louis in order
that he might be a witness on behalf of this affeant
at the present term of this court affiant also
states that said Menard was in the city of St Louis
during the present term of this court but has since
left without giving affiant sufficient notice
to enable him to take the deposition of said
witness; affiant states that he would have taken
the deposition of said witness before the setting of this court but that he preferred
the oral testimony of said menard[?] and always
throught that be would be able to have the same
whenever the cause might be set for trial, is the
reasons why be did not take said witness' deposition
affiant States that if a continuance is granted to him
be will be able by the next term of this here court to
procure the testimony of said Menard , Affiant
further states that, he has received intelligence
within a few days past, That important
evidence for his defense may be obtained at
Vincens[?] Indiana , by going or sending for the
same, Which was discovered too late for this
affeant to have the same at the present term of this
Court
---
**Page 42** (6828_042.jpg)
Affiant States that, he verily believes that if he
is forced to trial at the present term that
manifest injustice will be done him, affiant
states that should this here court grant unto him continuance that he believes he well be able
to procure all the tesitmony necessary for his
defence by the next term of this Here court
Affiant further states that this continuance
is not asked for vexation or delay but
for the attainment of justice alone
*John B Sarpy Sworn to and subscribed in
open court this 29th Nov. 1837 John Ruland Clerk*
---
**Page 43** (6828_043.jpg)
> *Legal Function: Summons*
County of St. Louis , Sct.
The State Of Missouri , To the Sheriff of St. Louis County---Greeting.
You are hereby commanded to summon Fracis Mallet, Pierre Chouteau Sen,
Madame Lamand, Mrs Bouis , Mrs Guion
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 29th March 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 Andrew , by his next friend is
plaintiff and John B.Sarpy is
defendant on the part of the defendant
and have you then and there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court ,
at the City of St. Louis , this 12th day of March February
in the year of our Lord, eighteen hundred and thirty 8 John Ruland Clerk, C. C.*
---
**Page 44** (6828_044.jpg)
> *Legal Function: Certificate of Service*
Not served on account of the adjournment
of Court
*James Brotherton Sheriff*
March T. 1838
Andrew
vs
John B.Sarpy
*29 March Defendant F Mallett P Chouteau Sen Mdme. Lamand Mrs. Bouis Mrs Guion*
---
**Page 45** (6828_045.jpg)
> *Legal Function: Summons*
County of St. Louis , Sct.
The State Of Missouri , To the Sheriff of St. Louis County---Greeting.
You are hereby commanded to summon Madam [illegible], Maname Belcour
F.Crely, J.C.Saveille, Edwd Tracy M .Tesson & Edwd P.Tesson
that setting aside all manner of excuse and dalay, they be and appear in proper person
before the Judge of our Circuit Court , on the 29th March 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 Andrew , by his next friend is
plaintiff and John B.Sarpy is
defendant on the part of the Plaintiff
and have you then and there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court ,
at the City of St. Louis , this 12th day of February
in the year of our Lord, eighteen hundred and thirty 8 John Ruland Clerk, C. C.*
---
**Page 46** (6828_046.jpg)
> *Legal Function: Certificate of Execution*
Executed this writ on E P Tesson on the 13th
day of February, 1838 in the County of
St Louis - not further executed on account
of the adjournment of Court-
*James Brotherton Sheriff By Joseph W McClurg DShff Service 50 cts*
March T. 1838
Andrew
vs
Jno B.Sarpy
*29 March plff Madame [illegible] " "[?] Belcour Edwd.Tracy [illegible] C. Laveille M.Tesson E.P.Tesson 13 Feby*
---
**Page 47** (6828_047.jpg)
> *Legal Function: Summons*
County of St. Louis , Sct.
The State Of Missouri , To the Sheriff of St. Louis County---Greeting.
You are hereby commanded to summon Frs Mallet, Pierre Chouteau Senr
Mde Lamand Mrs Bouis Mrs Guion
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 16th day of April 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 Andrew , is
plaintiff and Jno B.Sarpy is
defendant on the part of the Deft.
and have you then and there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court ,
at the City of St. Louis , this 19th day of March
in the year of our Lord, eighteen hundred and thirty eight John Ruland Clerk, C. C. by
Geo A Hyde Depty*
---
**Page 48** (6828_048.jpg)
> *Legal Function: Certificate of Execution*
Executed this writ by offering to read the same to F.
Mallet on the 23d; and to P.Chouteau Senr on the 24th days
of March, 1838. which they refused to hear read, and acknowledged
the service thereof; and by leaving true copies thereof
at the dwelling house of Mde Lamand on the 23d and
of Guion on the 28th, and of Mrs Bouis on the 29th days
of March, 1838 with white members of their families
over the age of fifteen years- all done in the county of St Louis
*James Brotherton Sheriff By
Joseph W McClurg DShff Service $ 2.50*
[illegible] March T. [illegible] 1838
Andrew
vs
Sarpy
*Deft F Mallet 23 P Chouteau Senr 26 Mde Lamand 23 Mrs Bouis 29 Mrs Guion 28 16th April*
---
**Page 49** (6828_049.jpg)
> *Legal Function: Summons*
County of St. Louis , Sct.
The State Of Missouri , To the Sheriff of St. Louis County---Greeting.
You are hereby commanded to summon Madam Lamey[?] Mme Belcour
Edw Tracy , Jos:C Laveille P Tesson
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 16th day of April 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 Andrew , by his next friend is
plaintiff and J B.Sarpy is
defendant on the part of plff.
and have you then and there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court ,
at the City of St. Louis , this 19th day of March
in the year of our Lord, eighteen hundred and thirty eight John Ruland Clerk, C. C. by
Geo A Hyde Depty*
---
**Page 50** (6828_050.jpg)
> *Legal Function: Certificate of Filing*
March Term Adjd[?] 1838
Andrew
vs
Jno Ble. Sarpy
*plff Madame Lamey[?] 23 D.Belcour 24 Edw Tracy 3 Aug Jos C Laveille 27 Micheal Tesson 26 Edw P Tesson 26 16th April*
> *Legal Function: Certificate of Execution*
Executed this writ by delivering a true copy thereof to Mde Lamey[?] on
the 23d, and to Mde Belcour on the 24th, and by reading it to Michael
Tesson & Edw: P Tesson on the 26th, and to Joseph C Laveille
on the 27th, days of March, 1838, in the County of St Louis ;
and by reading it to Edw: Tracy on the 3rd May, 1838-
*James Brotherton Sheriff By Joseph W McClurg DShff Service $ 3.00*
---
**Page 51** (6828_051.jpg)
> *Legal Function: Summons*
County of St. Louis , Sct.
The State Of Missouri , To the Sheriff of St. Louis County---Greeting.
You are hereby commanded to summon Madme[?] Lamey[?] Madme[?] Belcour
Edw Tracy , Jos:C Laveille Micheal Tesson E P Tesson
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 24th July
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 Andrew , is
plaintiff and Jno B.Sarpy is
defendant on the part of plff.
and have you then and there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court ,
at the City of St. Louis , this 2 day of July
in the year of our Lord, eighteen hundred and thirty eight John Ruland Clerk, C. C. by
Geo A Hyde Depty*
---
**Page 52** (6828_052.jpg)
> *Legal Function: Certificate of Execution*
Executed this writ by reading it to Michael Tesson & E P
Tesson on the 21st, and to Mme Lamey[?] & Micheal Tesson
& Jos: C Laveille on the 23d, days of July 1838. in
the county of St. Louis - Edw. Tracy not found
*James Brotherton Sheriff By
Joseph W McClurg DShff Service $ 2.50 [illegible] .12 1/2 $ 2.62 1/2*
July Term 1838
Andrew
vs
John B.Sarpy
*plff Mme Lamey[?] 23 Mme Belcour 23 Micheal Tesson 21 E P Tesson 21 Edw. Tracy Jos C Laveille 24th July*
---
**Page 53** (6828_053.jpg)
> *Legal Function: Summons*
County of St. Louis , Sct.
The State Of Missouri , To the Sheriff of St. Louis County---Greeting.
You are hereby commanded to summon Frs. Mallet Pierre Chouteau Senr
Mme Lamand , Mrs Guion
that setting aside all manner of excuse and dalay, they be and appear in proper person
before the Judge of our Circuit Court , on the 24th July
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 Andrew , is
plaintiff and Jno B.Sarpy is
defendant on the part of deft.
and have you then and there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court ,
at the City of St. Louis , this 2nd day of July
in the year of our Lord, eighteen hundred and thirty eight Jno Ruland Clerk, C. C. by
Geo A Hyde Depty*
---
**Page 54** (6828_054.jpg)
> *Legal Function: Certificate of Execution*
Executed this writ on Mme Lama & Mme
Bouis on the 23d day of July 1838 in the
County of St Louis - not executed on the other
on account of the adjournment of Court
*James Brotherton Sheriff By
Joseph W McClurg DShff Service $ 1.00*
July Term 1838
Andrew
vs
J B.Sarpy
*Deft Frs Mallet Pierre Chouteau Senr Mme Lamand 23 Mrs Bouis 23 Mrs Guion 24th July
[illegible]*
---
**Page 55** (6828_055.jpg)
> *Legal Function: Summons*
County of St. Louis , Sct.
The State Of Missouri , To the Sheriff of St. Louis County---Greeting.
You are hereby commanded to summon Mme Lamey[?]- Mme Belcour
Edw Tracy J C Laveille , Micheal Tesson , E P Tesson
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 14[?] 21st 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 Andrew , is
plaintiff and J B.Sarpy is
defendant on the part of plff.
and have you then and there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court ,
at the City of St. Louis , this 3 day of August
in the year of our Lord, eighteen hundred and thirty eight Jno Ruland Clerk, C. C. by
Geo A Hyde Depty*
---
**Page 56** (6828_056.jpg)
> *Legal Function: Certificate of Service*
Served this writ in the County of St Louis
by reading it to Micheal Tesson on the 15th
to Edward Tracy & E P Tesson on the 17th William
Tamey[?] and Jos C Saveille and Mad Belcour
on the 20th August 1838
*Marshall Brotherton Sheriff Joseph W McClurg DShff Service $ 3.00*
July Term 1838
Andrew
vs
J B.Sarpy
*plff mme Lamey[?] 18 Mme Belcour 20 Edw Tracy 17 Jos C Laveille 18 Micheal Tesson [illegible] E P Tesson 17 14[?] 21st August*
---
**Page 57** (6828_057.jpg)
> *Legal Function: Summons*
County of St. Louis , Sct.
The State Of Missouri , To the Sheriff M Brotherton [illegible] [illegible] Sheriff of St. Louis County---Greeting.
You are hereby commanded to summon Frs Mallet P Chouteau senr
Mme Lamand Mrs Bouis, [illegible] Guion
that setting aside all manner of excuse and dalay, they be and appear in proper person
before the Judge of our Circuit Court , on the 14th 21st 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 Andrew , is
plaintiff and J B.Sarpy is
defendant on the part of Deft.
and have you then and there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court ,
at the City of St. Louis , this 3 day of August
in the year of our Lord, eighteen hundred and thirty eight Jno Ruland Clerk, C. C. by
Geo A Hyde Depty*
---
**Page 58** (6828_058.jpg)
> *Legal Function: Certificate of Execution*
Executed this writ by reading it to Frs: Mallet on the 18th
and to P chouteau Senr on the 20th, and by leaving a true
copy thereof at the dwelling house of Mme Lamand &
Mrs Bouis on the 18th and of Mrs Guion on the 20th days
of August, 1838, in the County of St Louis .
*Marshall Brotherton Sheriff Joseph W [illegible] McClurg DShff Service $ 2.50*
July Term 1838 [illegible]
Andrew
vs
Sarpy
*Deft Frs Mallet 18 P Chouteau senr 20 Mm Lamand 18 Mrs Bouis 18 Mrs Guion 18 14[?] 21st August*
---
**Page 59** (6828_059.jpg)
Andrew
vs
Sarpy
*Dep: for Deft:
Opened & filed 13th Aug: 1838 John Ruland Clerk*
---
**Page 60** (6828_060.jpg)
---
**Page 61** (6828_061.jpg)
> *Legal Function: Notice to Take Depositions*
Andrew his next friend
vs
John B Sarpy
St. Louis Circuit Court .
Take notice, that on the twenty first day of July in the
year of our Lord, one thousand eight hundred and thirty thirty eight, between the hours of
seven, in the forenoon, and seven in the afternoon, of that day, at
the office of George W Ewing Esq in
the town of Vincenns[?] state of Indiana
depositions will be taken by the undersigned, to be read on the trial of the above entitled case, on
behalf of the Defendant; and that the taking of said depositions, if not completed
on that day, will be continued from day to day, at the same place, and between the same hours,
until completed.
To the above named Plff
*John B Sarpy By [illegible] B Hadson
his atty*
---
**Page 62** (6828_062.jpg)
> *Legal Function: Acknowledgement of Notice*
Received a true copy of the within
notice this 9th day of July 1838
*J W Risque
Atty for Pltf*
---
**Page 63** (6828_063.jpg)
> *Legal Function: Deposition*
Depositions of Witnesses produced sworn and examined at
the office of George W . Ewing in Vincennes in the County of
Knox and state of Indiana before me Martin Robinson
a Justice of the Peace in and for said County [illegible]
certain cause now depending in the Circuit Court
for the County of Saint Louis and State of Missouri
wherein Andrew by his next friend Judy is plaintiff and
John B . Sarpy is defendant on the part of defendant
David Warford of lawful age being produced
sworn and examined, on the part of the defendant
deposith and saith, that he is unacquainted with the
parties and knows nothing of the matter in controversy
between them,
*David Warford*
> *Legal Function: Certification*
I Martin Robinson a Justice of the Peace within
and for the County of Knox and state of Indiana
do certify that David Warford the deponant whose
place of Residence is in Vincennes County of
Knox and state of Indiana was by me sworn
to testify the whole truth of his knowledge touching
the matter in Controversy in the Cause aforesaid
that the deponant was examined and his examination
reduced to writing, and subscribed by said defendant
in my presence on the twenty first day of July in
the year one thousand eight hundred and thirty
eight between the hours of seven of the forenoon and
seven of the afternoon at the office of George W .
Ewing in Vincennes Knox County and State
of Indiana
*[illegible] and certified the 21. day
of July 1838 Martin Robinson JP[?].*
---
**Page 64** (6828_064.jpg)
Not being able to complete the taking of said Depositions by
reason of the absence of the Witnesses I adjourn the further
taking of the same until monday next the 23rd day of
July, to morrow being Sunday, then to be confirmed
at the same [illegible] and between the same hours
mentioned in the announced notice
*Martin Robinson JP[?].*
[illegible] to the adjournment above stated on the 23rd day of July
in the year Eighteen Hundred and thirty Eight between
the hours of seven of the forenoon and seven of the afternoon
at the office of George W . Ewing in Vincennes County
of Knox and state of Indiana I continued the taking
the said depositions as follows,
Robert Buntin of lawful age being
produced sworn and examined on the part of
the defendant deposith and [illegible]
Question by [illegible] When did you come to Vincennes
Answer, about April or May in the year 1793
Question by deft. At what time did you bring to Vincennes
a colored Woman called young Judy
answer, In the fall of the year 1799 -
question by [illegible]. How long did you keep said colored
Woman in Vincennes -
answer, I do not recollect,
question by def.[?] How and When did you obtain said
colored Woman called Judy -
answer, I obtained her of William Sullivan in Louisville [illegible]
Kentucky in October 1799 and received
a Bill of sale for her of that date which was
attached to my deposition given at a former
Examination
Question by deft what become of said Judy
answer. I think I transferred her to Toussaint[?] Dubois
---
**Page 65** (6828_065.jpg)
> *Legal Function: Deposition*
Question by deft. did you purchase her as a slave
answer, I did, but it was my intention to set her free
so soon as I was paid for the money I
advanced for her, for which purpose I
took her indentures for fifteen years, as I believe
Question by deft. What became of those Indentures,
answer I do not know certainly but believe I transferred
them to the [illegible], to whom I transferred her to
Question by deft. was [illegible] Stout residing in Vincennes at
the time you brought said Judy there
answer I think he was, but I am not certain, my
impression is that [illegible] Stout came to Vincennes
in the year 1796 -
Question by deft. did you ever own any other colored Woman
in Vincennes called Judy except the
said Judy -
answer, I owned an other colored Woman in Vincennes
and at the same time called old Judy who
with her Children I set free, and are now
living in the state of Indiana , except one
called Sarah who left with her own consent
and went away with her husband
Question by deft. did you know Mrs. Chew
answer. I did she was brought in by the Indians as a
prisoner, It might have been about the time
I bought said Judy [illegible], I do not know
[illegible] by
Question by deft. How long did you keep said young judy
in Vincennes after your brought her there -
---
**Page 66** (6828_066.jpg)
answer, I do not know, Whether six months or four years,
but I think it was not more than four years
Question by deft What induced you to believe, you
took Indentures from young judy for
fifteen years -
answer, my intention was ,when I purchased her and
others, to set them free after fifteen years service
and I [illegible] districtly that I recollect distinctly that I wished to
transfer her Indentures to the person I sold
her services, and I offered to the person to whom
I sold her services & Bill of sale stating
the time she had to serve which he refused
as I think, stating that he did not want a
Bill of sale -
*R. Buntin*
> *Legal Function: Certification*
I Martin Robinson a Justice of the Peace of Knox
County in the state of Indiana do hereby certify that
Robert Buntin whose place of residence is Knox
County in the State of Indiana was by me sworn
to testify the whole truth of his knowledge touching the
matter in controversy in the cause aforesaid that
deponent was examined and his examination reduced to writing and subscribed by said
deponent in in my presence on the 23rd day of July
in the year Eighteen Hundred and Thirty Eight
between the hours of seven in the forenoon and
seven in the afternoon at the office of George W .
Ewing in Vincennes County of Knox and State of
Indiana
*Given and certified the 23rd day of
July [illegible] - Martin Robinson JP .[?]*
---
**Page 67** (6828_067.jpg)
> *Legal Function: Certification*
I Martin [illegible] a Justice of the Peace within &
for the county of Knox and State of Indiana do
certify that- presence of the annexed commission
and notice came before me at the office of
George W .Ewing in Vincennes in the County [illegible]
and State last aforesaid David Warford and
Robert Buntin who were by me sworn and
examined and such examination reduced
to writing an subscribed by them respectively
in my presence, and then said depositions are
now here saith returned
*Given at Vincennes in the county of
Knox and State of Indiana the 23d day
of July 1838 Martin Robinson J P.*
> *Legal Function: Certification, part 2*
State of Indiana
Knox County ss
I Alexander D Scott Clerk of
the Knox Circuit Court do hereby certify that Martin Robinson
Esq on the twenty first and [illegible] Twenty Third days of July in the
year of our Lord one thousand eight hundred and thirty
eight was and now is an acting Justice of the Peace within and
for the County of Knox and State of Indiana duly commissioned
and acting as such and that full faith and [illegible]
due to his [illegible] as such
*In testimony whereof [illegible] herewith subscribed
my name and affixed the Seal of
said Court at Vincennes this Twenty fourth
day of July in the year of our Lord one
Thousand Eight Hundred and Thirty Eight A D Scott Clk
By W.R.M.Cord DC*
---
**Page 68** (6828_068.jpg)
---
**Page 69** (6828_069.jpg)
> *Legal Function: Summons*
County of St. Louis , Sct.
The State Of Missouri , To the Sheriff of St. Louis County---Greeting.
You are hereby commanded to summon Francis Crely W Primm
Jno B Sarpy Jno Sibelle[?] Rev J A Lutz
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 21st august
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 Andrew [illegible]
plaintiff and Jno B Sarpy is
defendant, on the part of plff
and have you then and there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court ,
at the City of St. Louis , this 16 day of August
in the year of our Lord, eighteen hundred and thirty eighty Jno Ruland Clerk, C. C. by
Geo A . Hyde Depty*
---
**Page 70** (6828_070.jpg)
> *Legal Function: Certificate of Execution*
Excuted this writ in the County of St Louis
by reading it to Wilson Primm Joseph A
Lutz & F Creely on the 18th and John B
Sarpy on the 20th days of August 1838
John [illegible] Sybille not found in my county
*Marshall Brotherton Sheriff
By F W Betty hoover Dpty Shff Service 2.00 [illegible] 12 1/2 $ 2. 02 1/2*
July Term Ent
Andrew
vs
Sarpy
*plff M Primm 18 F Creely 18 I B Sarpy J Sibille J A Lutz 18 21st august*
---
**Page 71** (6828_071.jpg)
> *Legal Function: Summons*
County of St. Louis , Sct.
The State Of Missouri , To the Sheriff of St. Louis County---Greeting
You are herby commanded to summon
John Sanford
that setting aside all manner of excuse and delay, he be and appear in proper person
before the Judge of our Circuit Court , on the friday the 24th day
of august 1838 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 Andrew [illegible] by Judy is
plaintiff and John [illegible] B .Sarpy is
defendant, on the part of the plaintiff
and have you then and there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court ,
at the City of St. Louis , this 23rd day of august
in the year of our Lord, eighteen hundred and thirty eight John Ruland Clerk, C. C.*
---
**Page 72** (6828_072.jpg)
> *Legal Function: Certificate of Filing*
Andrew by & [illegible]
vs
Sarpy
[illegible]
*For friday the 24th
of august 1838. John Sanford. 23*
> *Legal Function: Certificate of Service*
Served this writ by reading it to Jno
Sanford on the 23rd day of August 1838
in the County of St Louis
*Marshall Brotherton Sheriff
By Wm S Taylor Depty Service 50cents*
---
**Page 73** (6828_073.jpg)
> *Legal Function: Summons*
County of St. Louis , Sct.
The State Of Missouri , To the Sheriff of St. Louis County---Greeting.
You are hereby commanded to summon
L Cere (at the store of &
the american fur company)
that setting aside all manner of excuse and delay, he be and appear in proper person
before the Judge of our Circuit Court , on the forthwith
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 Andrew by Judy is
plaintiff and John B .Sarpy is
defendant, on the part of the plaintiff
and have you then and there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court ,
at the City of St. Louis , this 27th day of august
in the year of our Lord, eighteen hundred and thirty eight John Ruland Clerk, C. C.*
---
**Page 74** (6828_074.jpg)
> *Legal Function: Certificate of Execution*
Excuted this writ in the county
of St Louis by reading it S Cere on the
28th aug 1838
*Marshall Brotherton Shff Service, 50*
July Term 1838.
Ent
[illegible] by
vs
J.B.Sarpy
27th [illegible]
Witness
*L Cere (at store of
A. Fur Co) for
Pltf.*
---
**Page 75** (6828_075.jpg)
> *Legal Function: Summons*
County of St. Louis , Sct.
The State Of Missouri , To the Sheriff of St. Louis County---Greeting.
You are herby commanded to summon
John H Baldwin &Mr Denny
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 forthwith
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 Andrew is
plaintiff and J B .Sarpy is
defendant, on the part of the Deft
and have you then and there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court ,
at the City of St. Louis , this 29th day of August
in the year of our Lord, eighteen hundred and thirty eight Jno Ruland Clerk, C. C. by
Geo A Hyde Depty*
---
**Page 76** (6828_076.jpg)
> *Legal Function: Certificate of Execution*
Excuted this writ in the county
of Saint Louis by reading it to
John H Baldwin Denny not
found in my county
*Marshall Brotherton
Sheriff Service 52 1/2 [illegible] - 12 1/2 , 62 1/2*
July Term 1838
Ent
Andrew
vs
Sarpy
*Deft Jno H Baldwin 29
Mr Denny
forthwith*
---
**Page 77** (6828_077.jpg)
> *Legal Function: Summons*
County of St. Louis , sct.
State Of Missouri , To the Sheriff of St. Louis County—Greeting.
We command you to attach Pierre Mallett
by his body and him safely keep, so that you have his body before
the Judge of our Circuit Court , now in session at the City of St. Louis , within and for the County of St .
Louis , on the forthwith 133[?] then and there to testify and
the truth to say in a certain matter of controversy, now pending in our said Circuit Court , between
Andrew plaintiff, and John B . Sarpy
defendant wherein the said Mallett
has heretofore been summoned on the part of the said defendant
*Witness John Ruland , Clerk of our said Circuit Court , at the City
of St. Louis , this 29th day of august
in the year of our Lord, one thousand eight hundred and thirty-8 John Ruland Clerk, C. C.*
---
**Page 78** (6828_078.jpg)
> *Legal Function: Certificate of Execution*
Executed this writ and have now
the body of Francis Mallett in open
Court -
*Marshall Brotherton
Sheriff Service $ 5.00*
Andrew
vs
Sarpy
*attach
P. Mallett*
---
**Page 79** (6828_079.jpg)
> *Legal Function: Order*
St St. Louis Circuit Court - July Term 1838 Wednesday 29th August 1838
Andrew
vs
John B.Sarpy
on motion of attorney for the plaintiff it is ruled by the court that Joseph W .
Walsh Esquire, a Justice of the peace for the township of St Louis , forthwith send up to this court
a certain deposition by him lately taken to be read in evidence upon the trial of this cause on
the part of the defendant.
*A true copy of the rule Attest John Ruland Clerk*
---
**Page 80** (6828_080.jpg)
> *Legal Function: Certificate of Filing*
Andrew
vs
John B. Sarpy
*Copy of Rule on Justice Walsh*
> *Legal Function: Certificate of Service*
Served the within rule of court
on Joseph W Walsh on the 29th
day of August 1838 in the county
of St Louis
*M Brotherton [illegible]
Sheriff Service $ = 50*
---
**Page 81** (6828_081.jpg)
> *Legal Function: Summons*
The State Of Missouri , To the Constable of S Louis Township, in the County of S Louis Greeting:
We command you to summon Peter Menard
that all excuses and delays being set aside he personally be and appear before the undersinged,
a Justice of the Peace within and for the County aforesaid, on the
forthwith day of at his office, in the
township of S Louis to testify on the trial of a case where in in S St. Louis Circuit Court
to Andrew plaintiff and
J B Sarpy defendant on the part of the
and of his is not to fail at his peril; and have you
then there this writ.
*Given under my hand, this 10 day of March A.D. 1838 J W Walsh Justice Of The Peace.*
---
**Page 82** (6828_082.jpg)
> *Legal Function: Certificate of Execution*
Executed [illegible] [illegible]
the within now
witness in the
City of St Louis
March 10th 1838
*[illegible] [illegible] [illegible] [illegible]*
---
**Page 83** (6828_083.jpg)
> *Legal Function: Depostition*
Andrew
vs
John B Sarpy
in St St. Louis Circuit Court .
Depositions of witnesses produced sworn and
examined on the tenth day of March eighteen hundred & thirty eight
at the office of Joseph W Walsh in the City of St Louis
between the hours of eight o clock in the forenoon and eight o clock
in the afternoon of that day. before me Joseph W Walsh
& Justice of the peace in and for S Louis County state of Missouri
in a certain cause now depending in the Circuit Court of
St Louis County aforesaid between Andrew plaintiff and John B
Sarpy defendant on the part of the defendant,
The attorneys J.W. Risque and [illegible]
agreeing that the depositions shall be used in the suits of
Aspasie or Hardage laws & Celeste Celestine & Celeste vs
A Papin-
Peter Menand of lawful age being produced sworn and examined, on the
part of the Defendant ,deposes and says sometime between the year 1793
and 1804 I sold a black girl named Judy to Guillame[?] Hebert
Lecompte[?] of S Louis for four hundred Dollars, cash, and sold her as a slave
for life; she was not my property but was brought sent to me by
Tousaint[?] Dubois as the property of Robert Bunton to be sold by
me. the money I received as aforesaid I paid to Dubois for Bunton .
I am not sure but I believe that after I had made the sale verbally
that a bill of sale, was sent to me by Bunton from Vincennes,
---
**Page 84** (6828_084.jpg)
but I may have given him a bill of sale myself-
At the time I sold her she was very young but large of her
age, she had no children-
I was asked by Dubois whether I could sell a slave belonging
to Robert Bunton . I told him I could not tell, but would try,
Judy the woman here present is the same produced to
me by Dubois , and who was represented to me as a slave
for life, and was as such by me sold to said Lecompte .[?]
Mr Dubois was person in whom I had the most unbounded
confidence, and whose character stood very high for honesty, &
integrity heard Bunton both lived at Vincennes Indiana
Cross Examined by attorney for plaintiff
Ans 1 I can say that it was in the life time of my first wife whom
I married in 1792 & who died in 1804 in the month of June, that I
sold Judy , it was several years I thinks before 1804 perhaps about
1798.-
Ans. I think she remained at my house in Kaskaskia eight or
ten days.
Ans. I was acquainted with Robert Bunton & thought him to be a
clever fellow- when I first knew him he enjoyed a pretty good
character, he was commissary of the U.S. troops & was afterwards
Clerk of the court, of Knox County , in the NorthWestern Territory
Ans. I believe his general reputation as a man of integrity was good.
*Pierre Menard Sworn to and subscribed before me
the day between the hours & at the place first aforesaid J W Walsh, Justice*
---
**Page 85** (6828_085.jpg)
> *Legal Function: Affidavit*
State of Missouri
St Louis County
ss
I Joseph W Walsh - Justice
of the peace in and for the County and State aforesaid
do hereby Certify that Peter Menard the deponent was by
me Sworn to testify the whole truth of his knowledge
touching the matter in Controversy aforesaid: that he was
Examined and his examination reduced to writing and
by him subscribed in my presence on the day between
the hours and at the place in that behalf first aforesaid.
*J W Walsh Justice for Justice $ 1.56 Court 25 $ 1.81*
---
**Page 86** (6828_086.jpg)
> *Legal Function: Certificate of Filing*
Andrew
vs
John B Sarpy
Deposition for Deft
*opened & filed August 1838 John Ruland Clerk 43 March [illegible] 1837.*
---
**Page 87** (6828_087.jpg)
> *Legal Function: Summons*
County of St. Louis , Sct.
The State Of Missouri , To the Sheriff of St. Louis County---Greeting.
You are herby commanded to summon Daniel Hough
that setting aside all manner of excuse and delay, he be and appear in proper person
before the Judge of our Circuit Court , on the forthwith [illegible]
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 Andrew is
plaintiff and John B. Sarpy is
defendant, on the part of defendant
and have you then and there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court ,
at the City of St. Louis , this day of
in the year of our Lord, eighteen hundred and thirty John Ruland Clerk, C. C.*
---
**Page 88** (6828_088.jpg)
> *Legal Function: Certificate of Filing*
Aspasia [illegible]
vs
John B Sarpy
*Sup for
Dan Hough
forthwith*
> *Legal Function: Certificate of Service*
Served this writ by reading it to Daniel
Hough on the 29th day of August 1838 in the
County of St Louis
*Marsahll[?] M Brotherton Sheriff
By Wm S Taylor Deputy Service 50 cts*
---
**Page 89** (6828_089.jpg)
> *Legal Function: Summons*
County of St. Louis , Sct.
State Of Missouri , To the Sheriff of St. Louis County---Greeting.
You are hereby commanded to summon J C Laveille, Edw Tracy, M Tesson
Ed P Tesson
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 1st Dec 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 Andrew by Judy is
plaintiff and John B Sarpy
defendant, on the part of Plff
and have you then and there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court , at
the City of St. Louis , this day of
in the year of our Lord, eighteen hundred and thirty Jn. Ruland Clerk, C. C.*
---
**Page 90** (6828_090.jpg)
> *Legal Function: Certificate of Execution*
Not excuted the docket being altered
[illegible] [illegible] 50cts
*James Brotherton Sheriff*
Nov Term 1837
Andrew by Judy
vs
Jno B Sarpy
*plff J C Laveille Edw Tracy M Tesson E. P Tesson 1st Dec*
Andrew, a Boy of Color, by and through His Next Friend, Judy V. John B. Sarpy. 1837, St. Louis Circuit Court Historical Records Project, accessed October 9, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60852