Celeste, a woman of color v. Alexander Papin
Item
Celeste, a Woman of Color V. Alexander Papin. 1839, St. Louis Circuit Court Historical Records Project, accessed October 9, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60870
- Case Title
- Celeste, a woman of color v. Alexander Papin
- Series
- Freedom Suits
- Plaintiff
- Celeste
- Defendant
- Papin, Alexander LaForce
- Date Filed
- 1839-06-25
- Filing Date
- 1839-06-25
- Plaintiff’s Attorney
- Risque, Ferdinand W.
- Murdoch, Francis Butter
- King, Alexander
- Defendant’s Attorney
- Hudson, Thomas B.
- Court Name
- St. Louis Circuit Court
- Court Term
- 1839-06-25
- Clerk
- Ruland, John
- Sheriff
- Brotherton, Marshall
- Milburn, William
- McKnight, William S.
- Brown, Joseph C.
- Murphy, Daniel
- Sworn Declarant
- Deaver, Larkin L.
- Le Compte, Judy
- Creely, Francis
- Cerre, Pascal L.
- Jury Foreman
- Cruttender, Joel
- , William
- Cause of Action
- Trespass
- False Imprisonment
- Assault
- Battery
- Case Notes
- Celeste, daughter of Judy; damages $1,000; change of venue to St. Charles County; court proceedings in St. Charles County.
- Disposition
- Jury Verdict of Not Guilty
- Case Number
- 335
- Related Court Case Number
- 6827
- 6835
- Related Project ID
- ccr1837.06826.008
- ccr1837.06827.008
- ccr1839.06835.014
- Identifier
- ccr1839.06836.046
- Source
- Missouri State Archives - St. Louis
- Rights
- Public Domain
- PDF Download
- Download PDF of all images
- Transcription
-
**Celeste, a woman of color v. Alexander Papin**
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**Page 1** (6836_001.jpg)
> *Legal Function: Plaintiff's Complaint*
St St. Louis Circuit Court
July Term 1839.
County of St. Louis to Wit:
Celeste a free woman of color complains
of Alexander Papin of a plea of Trespass: For that the
said defendant heretofore to wit on the tenth day of May
in the year of our Lord one thousand eight hundred and
thirty nine in the city of St. Louis and county aforesaid
with force and arms made an assault on the said Plaintiff
to wit: at the county aforesaid and then and there
beat, bruised, woundad and ill- treated her and then
and there imprisoned her and kept her and detained
her in person there, without any reasonable or probable
cause whatsoever, for a long space of time to wit: for
the space of four years and seven months next
before the said tenth day of May eighteen hundred
and thirty nine, contrary to the laws of the State of
Missouri and against the will of the said plaintiff
then and other wrongs to the said Plaintiff then and there
did against the peace of the State of Missouri and to
the damage of the said Plaintiff one thousand dollars
and therefore she brings her suit &c.
*F. W. Risque
Attys for Pltf*
---
**Page 2** (6836_002.jpg)
> *Legal Function: Caption*
No. Circuit Court .
July Term 1839.
Celeste a woman of color.
vs
Alexander Papin .
Declaration
This is an action of Trespass for false imprisonment.
Damage
\$1000. Clerk will
issue summoms.
*Risque Att.:
Pltf: to by atts*
---
**Page 3** (6836_003.jpg)
> *Legal Function: Summons of Alexander Papin*
County of St. Louis , ss.
The State Of Missouri , To the Sheriff of St. Louis County—Greeting:
We command you to Summon Alexander Papin 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 third Monday
of July next, then and there to answer unto Celeste a woman
of color of a plea of trespass
to the damage of said plaintiff one thousand
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 fifth day of
June in the year of our Lord eighteen
hundred and thirty nine. Jn. Ruland Clerk.*
> *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 4** (6836_004.jpg)
> *Legal Function: Citation*
[illegible] plea & suit [illegible]
Bk12 p78 - verdict for deft BK 13 p 85
mo for new trial sustd BK 13 p 122 and [illegible] [illegible] 14 p 50 Jury & verdict for
Defendant Feby 29th 1844 BK 14 p 406.
> *Legal Function: Caption*
335
St St. Louis Circuit Court
July Term 1839
Celeste a woman of color
vs
Alexander Papin
Summons
Plea of Trespass
Damages - \$1000.
Risque atty
*Filed June 25th. 1839 Jn Ruland Clerk p of atty*
> *Legal Function: Certificate of Execution*
Executed this writ in the county of Saint
Louis by reading it and the declaration to
Alexander Papin on the 26th June 1839
*Marshall Brotherton Sheriff
By Wm S McKnight Depty Service $ 1.00*
---
**Page 5** (6836_005.jpg)
> *Legal Function: Defendant's Plea of Not Guilty*
Alexander Papin
ads
[illegible]
And the said defendant
by Hudson his attorney
comes and defends the force and
injury when &c and says that
he is not guilty of the said
supposed grievances above laid
to his charge in manner and
form as the said plaintiff hath
above thereof complained
against him and of this he
the said defendant puts himself
upon the County &c
*Hudson PD*
---
**Page 6** (6836_006.jpg)
> *Legal Function: Caption*
No 335 St St. Louis Circuit Court
July Term 1839
Alexr[?] Papin
ads
Celeste
Plea
Plea not guilty
*Hudson
Atty for Deft Filed Nov 19th 1839 Jn[?] Ruland Clerk*
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**Page 7** (6836_007.jpg)
> *Legal Function: Plea of Former Recovery*
Celeste
vs
Passin St St. Louis Circuit Court Nov Term 1840
And for further plea in this behalf by leave of the court
for that purpose first obtained the defendant counsel
and defends the force and injury when & says that the said
plaintiff here aforsaid action thereof against him the said defendant
ought not to have or maintain because he says that the said plaintiff
heretofore to wit at the July Term of the Saint Louis Circuit Court
A D 1837 held at the City and county of St Louis aforsaid before
the Hon Luke Edward Lawless then Judge of the said Circuit Court
duly commissioned &c to hold the same by a certain writ of
summons impleded the said defendant in a certain plea of
trespass with force and arms and false imprisonment
for committing the very same supposed trespasses and greivances
in the said declaration above mentioned wherefore the said
defendant afterwards to wit at the same July Term of the said
Court pleaded that he the said defendant was not guilty of the said supposed trespass or any part thereof and issue was
thereupon joined upon the plea aforsaid between the said plaintiff
and the said defendant and thereupon afterwards to wit
at the July Term of the said Court 1838 a change of venue was
granted in the said cause and the same suit to the county of
St Charles and afterwards to wit at the May Term of the Circuit
Court for the County of St Charles aforsaid the said issue came
on to be heard and was then and there tried by the Judge
of the Circuit Court of the County of St Charles the said last
mentioned named Judge being commissioned and duely authorised
to try said cause between the said plaintiff and the said
defendant which last named Juge upon the said trial
then and there found the said defendant guilty of the said
supposed trespasses &c in the said declaration mentioned
and by the judgement and condemnation of the said court
upon the finding aforsaid it was then and there ordered and
ajudged by the said court that the said plaintiff recover
of the said defendant one cent damages and also the
costs in that behalf expended by reason of the trespasses &c in
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**Page 8** (6836_008.jpg)
in the said declaration mentioned and that the said plaintiff
have thereof esicution &c as by the record & proceedings thereof
Still remaining in the Circuit Court of St Charles Courty aforsaid
before the judge thereof at the County of St Charles more fully
and at large appears which said judgement still remains
in full force and effect not in the least reversed or
made void and this he the said defendant is redy to verify
by the said record. & therefore he prays judgement if
the said plaintiff ought to have or maintain this aforsaid
action thereof against him &c.
*Hudson Atty for the
Deft*
> *Legal Function: Caption*
Celeste
vs
Papin
Plea
Plea former recovery
*Hudson Atty for the
Deft Filed March 30 1841 Jn Ruland Clk*
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**Page 9** (6836_009.jpg)
> *Legal Function: Plaintiff's Reply to Defendant's Plea*
Celeste (of Color)
vs
Alex . Papin In Cir .[?] Court
St Louis County
And the said plaintiff as to the
first plea of the said deft, and whereof he puts
himself upon the Country, doth the like
And as to the second plea of the said
defendant, the said plaintiff says, that by
[illegible] of any matter or thing therein contained,
she ought not to be precluded or barred from
having or maintaining her aforesaid action
against the said defendant because she says
that the said wrongs and grievances in the said
declaration mentioned, were not, nor was any
or either of them, any of, or any one of the same
identical wrongs and grievances as those [illegible] or
any of them in said plea mentioned, and for and
in respect whereof the said supposed judgement
in the said plea mentioned was [illegible], in
manner and form as the said defendant hath
above in his plea aforesaid alleged. And this
the said plaintiff prays may be wnquired[?] of by
the County &c.
*Risque Murdoch & King
Attys for Plff*
---
**Page 10** (6836_010.jpg)
Before Charles, D
> *Legal Function: Caption*
Celeste (of Color)
vs
Alex Papin
Rep.
*Filed April 6th 1841 Jn Ruland[?] Clerk*
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**Page 11** (6836_011.jpg)
> *Legal Function: Plaintiff's Subpoena of Larkin L. Deaver*
County of St. Louis , ss.
The State Of Missouri , To
Larkin L. Deaver
Greeting:—
You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our Circuit Court , on the 7th. Instant.
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 Celeste (a woman of color is
plaintiff and Alexander Papin is
defendant on the part of the Plaintiff.
and herein you are in no wise to fail.
*Witness,
John Ruland , Clerk of our said Court, with the
seal thereof hereto affixed, at office, in the City of St. Louis ,
this 6th day of April - in
the year of our Lord one thousand eight hundred and forty- One Jn Ruland Clerk, C. C.*
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**Page 12** (6836_012.jpg)
> *Legal Function: Certificate of Service*
Served this writ on Larkin Deaver on the
10th of April 1841
*M Brotherton
Shff
By Joseph C Brown
Deputy Fees 50 cts*
> *Legal Function: Caption*
Celeste (a woman of color)
vs
Alex: Papin
Spac
For Plff: 7th April
Witnesses
*Larkin Deaver*
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**Page 13** (6836_013.jpg)
> *Legal Function: Plaintiff's Subpoena of Larkin L. Deaver and Franics Creely*
County of St. Louis , ss.
The State of Missouri , To Lankin Deaver, Francis Creely
Greeting:—
You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our Circuit Court , on the 7th day of April 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 Celeste (a woman of Color) is
plaintiff and Alexander Papin is
defendant on the part of
and herein you are in no wise to fail.
*Witness, John Ruland , Clerk of our said Court, with the
seal thereof hereto affixed, at office, in the city of St. Louis ,
this 6 day of Apl in
the year of our Lord one thousand eight hundred and forty-one M. Ruland Clerk, C. C.*
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**Page 14** (6836_014.jpg)
> *Legal Function: Caption*
Celeste , a woman of Color
vs
Alex. Papin
Wit,
*Larkin Deaver Francis Creely
to appear [illegible] AD 1841*
> *Legal Function: Certificate of Execution*
Excuted
*M Brotherton
Shff fee 62 c*
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**Page 15** (6836_015.jpg)
> *Legal Function: Plaintiff's Subpoena of Larkin L. Deaver*
County of St. Louis , ss.
The State of Missouri , To Mr. Larkin Deaver
Greeting:—
You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our Circuit Court , on the Sixtenth day of November
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 Celeste (of Color) is
plaintiff and Alexander Papin is
defendant on the part of the plaintiff.
and herein you are in no wise to fail.
*Witness,
John Ruland , Clerk of our said Court, with the
seal thereof hereto affixed, at office, in the city of St. Louis ,
this 15th day of November in
the year of our Lord one thousand eight hundred and
forty one Jn Ruland Clerk, C. C.*
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**Page 16** (6836_016.jpg)
> *Legal Function: Caption*
Celeste (of Color)
vs
Alexander Papin
Plffs Subp
*Larkin Deaver 16th Nov*
> *Legal Function: Certificate of Execution*
Executed
*M. Brotherton
Shff Fee .50 c*
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**Page 17** (6836_017.jpg)
> *Legal Function: Summons of Larkin L. Deaver*
County of St. Louis , sct.
State of Missouri , To the Sheriff of St. Louis County—Greeting:
We command you to attach Larkin L. Deaver
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 17th Inst 1841 then
and there to testify, and the truth to say in a certain matter of controversy, now pending in
our said Circuit Court , between Celeste a woman of color
plaintiff, and Alexander Papin is defendant wherein
the said Larkin Deaver has heretofore been summoned
on the parts of the said Plaintiffs.
*Witness, John Ruland , Clerk of our said Circuit
Court , at the City of St. Louis , this 16th day of
November in the year of our Lord, one thousand
eight hundred and forty one In Ruland Clerk, C. C.*
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**Page 18** (6836_018.jpg)
> *Legal Function: Caption*
Celeste
vs
Papin
Attachment
For Laskin Deaver the
17th Inst. Nov. 1841.
> *Legal Function: Certificate of Execution*
Executed
*M. Brotherton
Shff Fee 1.00*
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**Page 19** (6836_019.jpg)
> *Legal Function: Caption*
Celeste
vs
Papin
Clerk fee 3.83
Postage 50
$ 4,33
*Filed Nov. 17th 1841 Jn. Ruland Clerk*
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**Page 20** (6836_020.jpg)
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**Page 21** (6836_021.jpg)
> *Legal Function: Transcript of Celeste v. Alexander Papin*
State of Missouri
County of St Charles
Be it remembered that on the
twenty nineth day of October in the year Eighteen
hundred and thirty eight a transcript of the record
and proceedings of the Circuit Court of St Louis
County in the case of Celeste vs Alex Papin
was filed in the Office of the Circuit Clerk of the
Circuit of Saint Charles County, and is in the
words and figures following to wit State of
Missouri . County of St Louis Sct. Be it remembered
that heretofore to wit on the twenty forth day of June
in the year eighteen hundred and thirty seven, Celeste
a woman of Color filed in the office of the Clerk of the
Circuit Court within and for the county of St Louis
in the eighth judicial Circuit of the State of Missouri
her petition which is in the words and figures following
to wit Petition To the Honorable Luke E .
Lawless Judge of the Eighth Judicial Circuit for the
State of Missouri . The Petition of Celeste a woman
of color respectfully represents that she is the daughter
of Judy , 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
term as a slave and then sold her to a certain
Robert Bernton a resident of the Town of Vincennes
in the north western Territory that the said Bernton
took your petitioners mother to the Town of Vincennes
in the Territory aforsaid about the year 1798 in which
place she was owned and continued to be held as a slave
by the said Bernton for the space of Two years or upwards.
That after your petitioners 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 said Territory and some short time
afterwards told to a certain, William Lecompt of the
Town of St Louis in the province of upper Louisiana
where, she has remained in Slavery ever since and gave
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**Page 22** (6836_022.jpg)
birth to your petitioner in the Town of St Louis . Your
petitioner further represents, that the is now illegally
held in Slavery by a certain Alexander Papin of St Louis
county contrary to the provisions of an ordinance passed
by, the Congress of the United States on the day of
July seventeen hundred and eighty seven. Your petitioner
therefore prays that she may be permitted to sue
as a poor person in order to establish her right to
freedom, that counsel be assigned her for that purpose
and finally that Your Honor grant the usual
orders in such cases and as in duty bound will
ever pray &c Celeste a woman of color x her mark. Accompanying
which said petition was the following affidavit
to wit- Affidavit State of Missouri Saint
Louis county sct. this day Judy a woman of color
came before me and made Oath that the matters and
things in the foregoing petition contained so far as
they depend upon her own Knowledge are true and
those coming from the information of others. She
believes to be true. Judy x her mark a woman of Color, Sworn
to & Subscribed before me this twenty fourth day of
June Eighteen hundred and thirty seven James J
Purdy Justice of the Peace.Whereupon the Judge of
said court made the following Orders to wit Orders
1st It is Ordered that Celeste the person mentioned in
the foregoing petition be permitted to sue as a poor person
for the recovery of her freedom and that F W. Risque
be assigned as counsel for that purpose. 2nd That the
said Celeste have reasonable liberty to attend her counsel
and the court as occasion may require The she be not
removed out of the jurisdictive of the court and that
She be not subject to any severity on account of her
application for freedom. L E Lawless Judge Ct Ct
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**Page 23** (6836_023.jpg)
Whereupon on the said twenty fourth day of June
in the year aforesaid the said Celeste by F. W. Risque
her attorney filed in the Office of the peace clerk of
the Circuit Court for the county aforesaid her declaration
against Alexander Papin which is in the words and
figures following to wit In the Circuit Court of Saint
Louis County. July Term 1837. Saint Louis County
to wit, Celeste a Woman of Color by F. W Risque her
attorney complains of Alexander Papin of a Plea
of trespass and false imprisonment For that the said
Alexander Papin heretofore to wit, on the 1st day of
June in the year of our Lord one thousand eight hundred
and thirty seven at the county aforesaid with force
and arms made an assault upon the said Celeste to wit at &c aforesaid and then and there beat bruised and ill treated her the said Celeste and
then and there imprisoned her and kept and detained
her in prison there without any reasonable or probable
cause whatsoever for a long time to wit for the space
of [illegible] then next following, contrary to the laws of the
land and the will of said Celeste And the said Celeste avers
that at the time and before the committing of the said
grievances she was and still is a free person, and that
the said
Alexander Papin held and still holds
her in slavery to the damage of the said Celeste of the sum
of three hundred dollars and there fore the brings her suit
&c F W Risque Pq; On which said declaration were
endorsed the following Orders, 1st it is ordered that
Celeste the person mentioned in the foregoing petition
be permitted to sue as a poor person for the recovery
of her freedom and that F. W. Risque be assigned as
counsel for that purpose. 2 that the said Celeste 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 an account of her application for
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**Page 24** (6836_024.jpg)
freedom L. E. Lawless Judge Ct Ct A true copy of
the order endorsed upon the petitioned Attested
John Ruland Clerk Ct Ct. Whereupon the clerk
of said Court issued a summons in the words and
figures following to wit-- Summons
County of Saint Louis
ss The State of Missouri . To the Sheriff of the County
of St Louis Greeting We command you to summon
Alexander Papin if he be found in your County
to appear before our Honorable Circuit Court on
the first day of the next Term thereof to be be given and
held at the City of St Louis within and for the County
aforesaid on the second Monday of July next then
and there to answer unto Celeste a woman of color
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 with the seal thereof
hereto affired at office in the city of St Louis this 24th
June 1837 John Ruland Clerk. On which said writ
was the following Sherrifs Return to Wit Return
Executed
this writ by reading it and the petition and declaration
and also the order made by the Judge to
Alexander Papin on the 3d day of July 1837 in
the County of St Louis . James Brotherton Sheriff by
W Brotherton D. Shff.And afterwards at the July
term of the said circuit court for the year aforesaid
and on the 12t day of said month the following plea
Plea was filed in said cause to wit. Plea
Celeste vs Alexander
Papin In St St. Louis Circuit Court July Term 1837. And
the said Alexander by Geyer his attorney comes and
defends the force and injury when &c. and sais that
he is not guilty of the said supposed trespass and imprisonment
above laid to his charge in manner and force
as the plaintiff hath above thereof complained against
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**Page 25** (6836_025.jpg)
him and of this he puts himself up on the county &c
Geyer for deft
affidavit
for
continuance
And the said cause was thus continued
until the November Term of said Court for the year aforesaid
when the following affidavit was filed in said
cause to wit Celeste vs Papin Suit for freedom
John D. Sarpy being duly sworn an his oath saith
that Peter Manard is a material witness for the said
deft. on the trial of the above cause; that there is no other
witness in attendance upon whose testimony the said
deft can safely rely, to prove the same facts that the said
Peter Manard is expected to prove. Affiant States that
he does not believe the said deft can safely go to trial
without the testimony of said Manard. That he does
not believe the said Manard is absent by the consent
connivance or procurement of this affiant who is
acting as the agent of said Papin , in the above entitled
suit Affiant States that he knows the testimony
of the said Manard to be of importance on behalf
of the defendant on the trial of the above cause. Affiant
States that said Manard is a resident of the Town
of Kaskaskia in the State of Illinois and at the request
of this affiant came from Kaskaskia to this City in
order that he might be a witness on behalf of the said
defendant and also on behalf of this affiant who
has a similar suit pending in this Hon Court
Affiant States that said Manard was in this City during
the present Term of this court, but has left the city without
giving sufficient notice to this affiant to take the deposition
of said Manard. Nor does affiant believe that
said deft knew any thing about the intended departure
of said Manard as said deftknows but little
of the said suit and depends entirely on this affiant
to procure the necessary evidence for his defence
Affiant states that as the agent for said deft he would
have taken the deposition of said Manard before
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**Page 26** (6836_026.jpg)
before the sitting of this Hon Court but that he prefered
the oral testimony of said Manard and always
believed that he would be able to procure his personal
attendance whenever said cause might be set for
trial, is the reason why the deposition of said Manard
has not been taken. Affiant states that if a continuancel
is granted the deft that the deposition or the personal
attendance of said Manard can be had
at the next Term of Hon Court. Affiant further
States that since the commencement of this present
Term of this Hon Court. he has received inteligence
of other evidence which he is advised and believes
will be important for the defendant on the trial of
the above cause, which evidence affiant believes
was unknown to def and which can only be procured
by going or sending to the Town of Vincennes in
the state of Indiana . Affiant States that if the deft
is compeled to go to trial at the present term of this Hon
Court, that manifest injustice will be done him the
said deft. but if a continuiance is granted that he
believes by the next term of this Hon. Court that all the
testimony necessary for the defence may be obtained
Affiant further States that this continuance is
not asked for vexation or delay butfor the purposes
of Justice. John B. Sarpy Sworn to and subscribed
in open court 30th Nov 1837 John Ruland clerk
Whereupon the said cause was continued until the
July Term of the said Circuit Court for the year
1838 when on the thirty first day of August in said
year the following further proceeding were had in
said cause to wit Celest & Celestine vs. Alexander
Papin Suit for freedom. Now at this day come the
parties aforesaid by their respective attornies and
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**Page 27** (6836_027.jpg)
consent that these two causes may be tried together by
the same jury as one action and there upon come
also a jury to wit. Robert H. Carly Daniel Pendell
Oliver Harris Samuel S M Shipp George M Willing
Thomas Dowler Samuel Farley Parick M Dillow John
Arthur George H Callender. James Johnson James
Morris twelve good and lawful men who being duly
elected tried and sworn the issue within joined will
and truly to try retire to consider of their verdict.
And
afterwords to Wit, On the first day of September on the
first day of September in the year last aforesaid the
following further proceedings were had in said cause
to wit Mistrial
Celeste & Celestine vs Alexander Papin Now
at this day come again the parties aforesaid by their
respective attornies and give the court to understand
and be informed that the jury in this case after their
retirement being unable to agree upon a verdict
were discharged by consent from rendering a verdict
and there upon this verdi cause is continued. And
afterwards on the twelfth day of September in the year
aforesaid the following petition and affidavit were
filed in said cause to Wit Petition
for change
of Venue
To the St Louis Circuit
Court in the State of Missouri Celeste a Woman of
color for herself and on behalf of her infant child
Celestine ,, respectfully sheweth that the and her
said Child have seperate suits of freedom pending
in said Court against Alexander Papin She states
that herself and child have had these cases once
submitted to a jury who did not agree. She is
informed that the testimony before the jury was
in law strong and conclusive in favor of their right
to freedom. She believes that the judge of this court
is prejudiced against the claim of her and her said child
for freedom. She therefore prays that the [illegible] may
---
**Page 28** (6836_028.jpg)
be changed to some other circuit where the cause complained
of may not exist. Celeste her mark x
Celeste
the above named petitioner for herself and child
on her Oath states that the facts in said Petition Stated
are true and she further states that she has just come
to believe that neither she nor her child can receive
a fair trial in St Louis County on account of the
sames alleged in said Petition Celeste her mark x
Sworn to and subscribed before me this 11th day
of September A. D. 1838 P. Walsh Justice. Whereupon
on the day and date last upon said the following further
proceedings were had by the said court, in the
said cause to wit change
of venue
Celeste and Celestine vs Alexander
Papin . On petition and affidavit of said Celeste
Stating her belief that the judge of this court is prejudiced
against her and he childs claim to freedom
it is ordered that the venue of this cause be changed
to the county of St Charles in the third judicial Circuit
Court of this State and that the same be certified
to the Circuit Court of that county accordingly
State of Missouri
County of St Louis
Ss
I John Ruland Clerk of the
Circuit Court of in and for the county of St Louis
and Eighth judicial Circuit of said state Certify
the foregoing to be a full and true transcript of the
record and proceedings of said Court in the case of
Celeste & Celestine vs Alexander Papin as the same now
remains of record in my office In testimony where of
I have hereunto set my hand and
affirxed the seal of said Court at office
in the City of St Louis this nineteenth day
of October A. D. 1838.
*John Ruland Clerk*
And afterwards at the Circuit Court held in the Courthouse
---
**Page 29** (6836_029.jpg)
in the Town of St Charles on the first Monday
after the fourth Monday in October and on the fifth
day of said Term the followin[?] being the second day
of November 1838 the following proceedings were had
To Wit Celeste and Celestine vs Alexander Papin
Petition for freedom Continued. And afterwards
to wit as the May term of said Court to wit on the
10th day of May 1839 The following proceedings were
had in words and figures following, Celeste vs Alexander
Papin Trespass and false imprisonment
Now at this day appears said plaintiff by F. W Risque
her attorney and said defendant being solemnly called
comes not but makes default, and the cause being
submitted to the court for trial the court finds that said
defendant is guilty of the said Trespass and false
imprisonment in manner and form as said plaintiff
hath above thereof complained against him and the court
doth assess the damages sustained by said plaintiff
of reason of the same to the sum of one cent. Therefore it
is considered by the Court that the said plaintiff Celeste
be emancipated and for ever set free from all claim
of the said Alexander Papin defendant and all person
claming by through or under him and that the
said plaintiff recover of the said Alexander Papin
the sum of one cent damages assessed as aforesaid
together with her costs and charges by her about
her suit in this behalf expended and that she have
thereof Execution
State of Missouri
County of St Charles
I Judwell C. Powell clerk of
the Circuit Court of Saint Charles County Certify
the foregoing to be a true transcript of the record
and proceedings of said Court in the case of Celeste
& Celestine vs Alexander Papin as the Same remains
of record in my office In testimony where of I have
---
**Page 30** (6836_030.jpg)
hereunto set my hand and affixed
the seal of said court at office in the
Town of Saint Charles on this 3rd day of
March A. D. 1841.
*Judwell E. Powell Clerk
By C. P. Mills D. C.*
---
**Page 31** (6836_031.jpg)
> *Legal Function: Plaintiff's Motion to Set Aside Verdict*
Celeste (a woman of color)
vs
Alexander Papin
Reasons for new
trial.
The said plaintiff by F. W. Risque her attorney
comes and moves the court to set aside the
verdict in the above cause and permit a new
trial for the following reasons
1st. Because the verdict is contrary to law
and evidence.
2. Because the said verdict is contrary to
law
3 Because the said verdict is against
the weight of evidence.
4 Because the court erred in instructing
the jury
All which is respectfully submitted
*F W Risque
att.
for Plff. Nov: 18th 1841*
---
**Page 32** (6836_032.jpg)
> *Legal Function: Caption*
No
Celeste
vs
Papin
Reasons for New Trial.
*F. W. Risque att:
for Pltf Filed November 18 1841 Jn Ruland Clerk*
---
**Page 33** (6836_033.jpg)
> *Legal Function: Summons of Larkin L. Deaver and Judy Le Compte*
County of St. Louis , sct.
State of Missouri , To the Sheriff of St. Louis County—Greeting:
You are hereby commanded to summon
Larkin Deaver
Judy Le Compte
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
first day of February
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
Celeste (a woman of color is
plaintiff and
Alexander Papin 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
day of in the year of our Lord eighteen
hundred and forty Jn. Ruland Clerk, C. C.*
---
**Page 34** (6836_034.jpg)
> *Legal Function: Certificate of Service*
Served this writ on the within
Witnesses 27 Jan. 1841
*M. Brotherton
Shff Fee
\$1.00*
> *Legal Function: Caption*
Celeste, a woman of color
vs
Alex. Papin
Subp
writ
*Larkin Deaver
Judy Le Compte To appear 1 Feby*
---
**Page 35** (6836_035.jpg)
> *Legal Function: Summons of Francis Creely*
County of St. Louis , sct.
State of Missouri , To the Sheriff of St. Louis County,---Greeting:
You are hereby commanded to summon
Frs Creely
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
29 January
Inst 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
Celeste is
plaintiff and
Alex Papin
defendant on the part of
Plf[?]
and have you then 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 Jn. Ruland Clerk, C. C.*
---
**Page 36** (6836_036.jpg)
> *Legal Function: Caption*
Celeste
vs
Papin
*Fr Creely*
> *Legal Function: Certificate of Service*
Served this writ on J. Creely
29 January 1841
*M. Brotherton
Shff Fee .50*
---
**Page 37** (6836_037.jpg)
> *Legal Function: Subpoena for Francis Creely*
County of St Louis , ss.
The State Of Missouri , To
Francis Creely
Greeting:
You are hereby commanded, that setting aside all manner of excuse and delay, you appear
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
Celeste is
plaintiff and
Alexander Papin is
defendant on the part of
the plaintiff
and herein you are in no wise to fail.
*Witness, John Ruland , Clerk of our said Court, with
the seal thereof hereto affixed, at office, in the City of St .
Louis , this
16th day of
December
in the year of our Lord one thousand eight hundred and
forty-two. Jn. Ruland Clerk C. C.*
---
**Page 38** (6836_038.jpg)
> *Legal Function: Caption*
Celeste
vs
Papin
[illegible]
Francis Creely
forthwith 16th Dec.
> *Legal Function: Certificate of Execution*
Executed the writ in the
County of St. Louis in the 16th dec
1842 by reading it to the within
witness
*William Milburn
Shff
By Danl[?] Murphy Dpty
fees $.50/100[?]*
---
**Page 39** (6836_039.jpg)
> *Legal Function: Subpoena of Francis Krely[sic]*
County of St. Louis , ss.
The State of Missouri , To
Francis Krely
Greeting:
You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our Circuit Court , on the
twenty ninth day of May 1843
at 10 o clk. A. M. 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
Celeste (a woman of Color) is
plaintiff and
Alexander Papin is
defendant on the part of
the plaintiff
and herein you are in no wise to fail.
*Witness, John Ruland , Clerk of our said Court, with
the seal thereof hereto affixed, at office, in the City of St .
Louis , this
twenty fifth day of
May
in the year of our Lord one thousand eight hundred and
forty-three J. Ruland
Clerk C. C.*
---
**Page 40** (6836_040.jpg)
> *Legal Function: Caption*
Celeste (a woman of color)
vs
Alex. Papin
Spa. for Plff. for 29th of
May 1843.
Francis Krely
(lives on the cross street
running up from the
Sugar Refinery, between
2nd & 4th
> *Legal Function: Certificate of Execution*
Executed the writ in the
County of Saint Louis in the 27th
May 1843 by leaving a true copy at
the residence of Francis Creely with
a white member of his family over the
age of 15 Years
*Wm Milburn Shff.
By Daniel Murphy Dpty Service
$ .50*
---
**Page 41** (6836_041.jpg)
> *Legal Function: Subpoena of Paschal Cerre*
County of St. Louis , ss.
The State of Missouri , To [illegible] [illegible]
Greeting:
You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our Circuit Court , on the 29th May 1843
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 Celeste a free woman of [illegible] color
plaintiff and Alex Papin is
defendant on the part of deft
and herein you are in no wise to fail.
*Witness, John Ruland , Clerk of our said Court, with
the seal thereof hereto affixed, at office, in the City of St .
Louis , this 29th day of May
in the year of our Lord one thousand eight hundred and
forty-three Jn Ruland Clerk C. C.*
---
**Page 42** (6836_042.jpg)
> *Legal Function: Certificate of Execution*
Exed[?] 29th May 1843
*William Milburn Shff
by Danl[?] Murphy Dpty fees $ 50/100*
> *Legal Function: Caption*
Celeste
vs
Alexr Papin[?]
Spa
*Paschal Cerre*
---
**Page 43** (6836_043.jpg)
> *Legal Function: Jury Verdict of Not Guilty*
Celeste
vs
Papin
We the jury in the above
entitled cause find that
the said defendant
is not guilty of the said several
grievances above laid to his
Charge in manner and form
as the said plaintiff hath
above thereof complained
against him
*Joel [illegible]
foreman*
---
**Page 44** (6836_044.jpg)
---
**Page 45** (6836_045.jpg)
> *Legal Function: Jury Verdict of Not Guilty*
Celeste a woman of color
vs
Alexander Papin
The jurors aforesaid upon their oaths
aforesaid find as to the first issue within joined between the
parties aforesaid, that the said defendant is not giulty of the
said supposed grievances above laid to his charge in manner
and form as the said plaintiff hath above thereof complained against
him: and as to the second issue within joined between the parties
aforesaid the jurors on their oaths aforesaid say, that the said
wrongs and grievances in the said declaration mentioned were and
each and all of the same identieal wrongs and grievances as those
in said second plea mentioned and for and in respect whereof
the said supposed judgment in the said plea mentioned was
recovered in manner and form as the said defendant hath
above in his plea aforesaid alleged
*Wm
Foreman*
---
**Page 46** (6836_046.jpg)
Celeste, a Woman of Color V. Alexander Papin. 1839, St. Louis Circuit Court Historical Records Project, accessed October 9, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60870
