Lewis, a boy of color, by and through his next friend, Celeste v. John Stacker

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Lewis, a Boy of Color, by and through His Next Friend, Celeste V. John Stacker. 1839, St. Louis Circuit Court Historical Records Project, accessed October 9, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60869

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Case Title: Lewis, a boy of color, by and through his next friend, Celeste v. John Stacker
Series: Freedom Suits
Plaintiff: Lewis
Defendant: Stacker, John
Date Filed: 1839-05-29
Next Friend: Celeste
Filing Date: 1839-05-29
Plaintiff’s Attorney: Risque, Ferdinand W.
Defendant’s Attorney: Darby, John F.
Court Name: St. Louis Circuit Court
Court Term: 1839-07
Judge: Lawless, Luke E.
Clerk: Ruland, John; Hyde, Ges. A.
Justice of the Peace: Walsh, B. W.
Sheriff: Brotherton, Marshall; Beltzhoover, F. W.
Sworn Declarant: Crosby, Francis; Regburn, Samuel S.
Cause of Action: Trespass; False Imprisonment; Assault; Battery
Case Notes: Lewis, a boy of color, sued for freedom by Celeste his mother; mother Celeste, Aunt Aspisa, & grandmother Judy were free because of extended stay in Vincennes in Northwest Territory & Kaskaskia, Illinois; Lewis held by John Stacker.
Case Number: 185
Related Court Case Number: 6827; 6836
Related Project ID: ccr1837.06826.008; ccr1837.06827.008; ccr1839.06836.046
Identifier: ccr1839.06835.014
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **Lewis, a boy of color, by and through his next friend, Celeste v. John Stacker**

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**Page 1** (6835_001.jpg)
> *Legal Function: Petition for Permission to Sue as a Poor Person*

To the Honorable Luke E. Lawless Judge of
the Circuit court of the Louis County: The petition
of Lewis a boy of color by Celeste his mother and
next friend respectfully represents: That abourt
the month of March eighteen hundred Judy
the grandmother of your petitioner was [illegible] transferred
by a certain Robert Bunton then a
resident of Vincerroy[?] in the northwestern
Territory as an indented servant to a
certain Louis Dubois who conveyed her to
the town of [illegible] whence she was brought
to the town of St Louis by a certain Pierre Menard
and sold as a slave for life to a
certain William H. Lecompte. That the said
Robert Bunton held the grand mother of
your peitioner the said Judy for the space of
six months at least in the town of Vincerroy[?] and
territory aforesaid during which time of she was performing
the various duties of a servant at the
house and for the family of the said Bunton .
Your petitioner further represents that his mother
the said Celeste , his grand mother the said Judy
and his aunt Aspisa daughter of said Judy have
all been pronounced free by the verdict of [illegible]

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**Page 2** (6835_002.jpg)
and distinct juries bond upon the facts above
set forth an are each of then now enjoying
their freedom, while your petitioner is held in
slavery by a certain John Stacker contrary to
law. [illegible] Your petitioner therefore prays that he
may have leave by Celeste his mother and next
friend to sue as a poor person in order to establish
his right to freedom and that counsel
may be assigned for that purpose and as
in duty bound [illegible] ever pray &C

*Celeste her
mark*
> *Legal Function: Notarization*

State of Missouri
St Louis County
sct.
This day Celeste a woman of color personally
appeared before the undersigned a Justice
of the [illegible] in and for the county aforesaid and
made oath that the matters and things in the foregoing
petition contained so far as the same come within her
knowledge [illegible] are true and those derived from
the information of others she believes to be true.

*Celeste her
mark Sworn to and subscribed before me
this 29 May 1839 B W Walsh Justice*

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**Page 3** (6835_003.jpg)
> *Legal Function: Order Granting Permission to Sue*

It is hereby ordered: First: That Lewis by Celeste
his mother and next friend be allowed to due, John
Stacker , to establish his right to freedom asid
that [illegible] [illegible] be assigned as counsel
for that purpose.
Second. That Lewis the plaintiff have resonable
liberty to attend his counsel and the
court as occasion may require; that he be
not removed out of the jurisdiction of the court
and that he [illegible] be
not subject to any severity on account of
his application for freedom. Done at
my chambers this 29th day of May 1839.

*29 May 1839 [illegible] [illegible] Lawless
Judge Circuit Court
County St Louis*

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**Page 4** (6835_004.jpg)
> *Legal Function: Caption*

No. St Louis Circuit
Court . July Term 1839.
Lewis by Celeste his
mother & next friend
vs
John Stacker
Petition

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**Page 5** (6835_005.jpg)
> *Legal Function: Plaintiff's Complaint*

St St. Louis Circuit Court July Term 1839.
St Louis County to wit:
Lewis a minor by Celeste his mother and
next friend complains of John Stacker of a plea of
trespass for false imprisonment, For that the said
defendant on the twenty seventh day of May in
the year of our Lord one thousand eight hundred
and thirty nine with force and arms asaulted
the said plaintiff to wit at the county aforesaid
and then and there beat, bruised and ill treated
him and there and then imprisoned him
and kept and detained him in prison there without
any reasonable or probable cause whatsoever,
for a long time to wit for the space of
hours then next following contrary to the
laws of the state of Missouri in such case made
and provided and against the will of the
said plaintiff. And the said plaintiff avers
[illegible] that before and at the time of the
committing of the said grievance he was and
still is a free person and that the defendant
held and still hold him in slavery
and other wrongs to the said plaintiff
then and there did against the peace of

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**Page 6** (6835_006.jpg)
the state of Missouri and to the damage of the
said plaintiff one hundred dollars and
therefore he brings his suit &C.

*F N Risque attorney
for Lewis by his
mother & next friend.*
> *Legal Function: Caption*

No St Louis Circuit
Court July Term 1839.
Lewis by next friend
vs
John Stacker
Declaration
This is an action of trespass
for false imprisonment
in forma pauperis.
Damage $ 100. The
clerk will issue summons
in accordance
with the orders of the
Judge.

*F. W. Risque
attorney
for Pltf:*

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**Page 7** (6835_007.jpg)
> *Legal Function: Summons for John Stacker*

County of St. Louis , Ss.
The State Of Missouri , To the Sheriff of St.Louis County-Greeting:
We command you to summon John Stacker 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 therof, to be held
at the City of St. Louis , within and for the County of St. Louis , on the third Monday
of July next, then and there to answer unto Lewis who sues
by Celeste his mother and next friend of a plea
of trespass for false imprisonment
to the damage of said plaintiff of One hundred
dollars: And have you then there this writ.

*Witness, John Ruland , Clerk of our said Court,
with the seal thereof hereto affixed, at office, in the
City of St. Louis , this twenty ninth day of
May in the year of our Lord eighteen
hundred and thirty nine. Jn Ruland Clerk. by
Ges A Hyde Depy*
> *Legal Function: Acknowledgement*

I acknowledge myself bound for all costs that may accrue in the above cause.
Witness my hand and seal, at St. Louis , this day of 18

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**Page 8** (6835_008.jpg)
[illegible] sent Bk 12 p 69
> *Legal Function: Caption*

No 185 St St. Louis Circuit Court
July Term 1839
Lewis by his next friend Celeste
vs
John Stacker
[illegible]
[illegible] for false imprisonment
Damage - $ 100.00
Summons. Risque p.q.

*Filed 29th May 1839 Jn Ruland Clerk*
> *Legal Function: Certificate of Execution*

Executed this writ in the county of St Louis
on the 29th day of May 1839 by [illegible] reading
it the declaration & accompanying paper to
John Stacker the within named defendant

*Marshall Brotherton Sheriff
By F. W. Beltzhoover[?] Dpty Shff Service $ 1.00*

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**Page 9** (6835_009.jpg)
> *Legal Function: Defendant's Plea*

John Stacker
ads
Lewis by Celeste his next friend
Ss.
In the St St. Louis Circuit Court
November Term 1839.
And the said defendant
by Darby his attorney comes & defends the [illegible] &
injury when &c & says that he is not guitly of the
said supposed trespass above laid to his charge in
manner & form or he the said plaintiff hath
above things complained against him & of this he
puts him self upon the County &C.

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**Page 10** (6835_010.jpg)
> *Legal Function: Caption*

185 July Term 1839
In the St St. Louis Circuit Court
November Term 1839.
John Stacker
ads.
Lewis (by Celeste his next
friend
plea not guilty
[illegible]

*Darby for plf Filed December 2nd 1839 Jn Ruland Clerk*

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**Page 11** (6835_011.jpg)
> *Legal Function: Summons for Francis Crosby*

County of St. Louis , sct.
State Of Missouri , To the Sheriff of St. Louis County-Greeting.
You are herby commanded to summon Francis Crosby
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 28th day of January
1841 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 Lewis by next friend [illegible] is
plaintiff and John Stacker is
defendant, on the part of plaintiff and have you then there this writ.

*Witness, John Ruland , Clerk of our said Circuit
Court , at the City of St. Louis , this 26
day of Jany in the year of our Lord, eighteen
hundred and forty one Jn Ruland Clerk, C. C.*

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**Page 12** (6835_012.jpg)
> *Legal Function: Caption*

Louis by next friend
v
John Stacker
Subp[?]

*Wit. Francis Crosby to appear 28 Jany.*
> *Legal Function: Certificate of Service*

Served this writ on F Crosby
27 Jany 1841

*M . Brotherton
Shff Fee .50c*

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**Page 13** (6835_013.jpg)
> *Legal Function: Summons for Samuel S. Regburn*

County of St. Louis , sct.
State Of Missouri , To the Sheriff of St. Louis County-Greeting.
You are herby commanded to summon Saml S. Regburn
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 29th day of January
current 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 Lewis by next friend is
plaintiff and John Stacker is
defendant, on the part of the defendant and have you then there this writ.

*Witness, John Ruland , Clerk of our said Circuit
Court , at the City of St. Louis , this 28th
day of January in the year of our Lord, eighteen
hundred and forty one Jn Ruland Clerk, C. C.>*

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**Page 14** (6835_014.jpg)
> *Legal Function: Certificte of Service*

Served this writ on
S.S.Regburn 29 Jan 1841

*M. Brotherton
Shff Fee 50*
> *Legal Function: Caption*

Lewis by next friend
vs
John Stacker
Sub for Plff Wit

*S.S.Regburn*

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