Charles, a man of color v. Belina Christy and Melanie Christy
Item
Charles, a Man of Color V. Belina Christy and Melanie Christy. 1841, St. Louis Circuit Court Historical Records Project, accessed October 9, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60890
- Case Title
- Charles, a man of color v. Belina Christy and Melanie Christy
- Series
- Freedom Suits
- Plaintiff
- Charles
- Defendant
- Christy, Belina
- Christy, Melanie
- Date Filed
- 1841-02-24
- Filing Date
- 1841-02-24
- Plaintiff’s Attorney
- Risque, Ferdinand W.
- Murdoch, Francis Butter
- King, Alexander
- Defendant’s Attorney
- Spalding, Josiah
- Tiffany, Pardon Dexter
- Court Name
- St. Louis Circuit Court
- Court Term
- 1841-03
- Judge
- Mullanphy, Bryan
- Clerk
- Ruland, John
- Doughty, N. S.
- Justice of the Peace
- Hyde, George A.
- Kretschmar
- Sheriff
- Brotherton, Marshall
- Belt, Henry B.
- Sworn Declarant
- Tiffin, C.
- Paron, John
- Pamlin, Joseph Basil
- Miggins, W. S.
- Cause of Action
- Trespass
- False Imprisonment
- Assault
- Case Notes
- Change of venue to common pleas court from circuit court; plaintiff born in Cahokia, Illinois; sold to Alfred Cowles to satisfy execution against owner Joseph Troke; sold to Ebenezer Pickering then Samuel Christy, deceased husband of defendant.
- Case Number
- 343
- Identifier
- ccr1841.06846.026
- Source
- Missouri State Archives - St. Louis
- Rights
- Public Domain
- PDF Download
- Download PDF of all images
- Transcription
-
**Charles, a man of color v. Belina Christy and Melanie Christy**
---
**Page 1** (6846_001.jpg)
> *Legal Function: Plaintiff's Petition for Leave to Sue as a Poor Person*
To the Hon, the Circuit Court of the County of S Louis
Charles , a man of color, respectfully
represents, that he was born at the village
of Cahokia, St Clair County in the state
of Illinois in the family of Joseph [illegible]
Esq, whose servant the mother of your
petitioner was, that your petitioner is
now about the age of twenty [illegible] three
years old, that when about the age of eleven
years, your petitioner was levied on by the
Sheriff of St Clair County in said State of Illinois
on an execution against said [illegible], and
sold by virtue thereof to one Alfred Cowles[?]
with whom your petitioner continued to
reside until about four years ago, when the
said Cowles[?] sold your petitioner to Ebenezer[?]
Pickering, who about three years ago
sold him to Samuel Christy, who has since
deceased, that Belina the widow of said
Christy, now pretends to claim you petitioner
as her property, and restrains him of his just
rights, liberty & freedom, which he is informed
and believes under these facts he has a legal
right to - & he therefore prays this honorable
Court to grant him leave to sue as a poor
person, in order to establish his right to
freedom in an action of false imprisonment
against the said Belina Christy, & he will pray
&c.
*Charles his mark*
---
**Page 2** (6846_002.jpg)
> *Legal Function: Jurat*
State of Missouri
St Louis County ss.
Charles , a man of color, being
duly sworn says that the facts set forth in
the annexed petition are just & true, to the
best of his knowledge & belief
*Charles his mark [illegible] Sworn to & subscribed
the 24 July 1841
Before: Geo A Hyde J.P*
> *Legal Function: Order*
The Court being of opinion that the forgoing
petition of Charles , a man of color, contains
sufficient matter to authorize the commencement
of a suit, makes the following orders.
First, That Charles a man of color, be allowed to
sue as a poor person to establish his right
to freedom, and assigns him Risque Murdoch
& King as his counsel
Second. That the said Charles have reasonable 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 be not subject to any severity on account
of his application for freedom.
Bryan Mullanphy Judge
of the 8th Judicial Circuit
of Missouri
---
**Page 3** (6846_003.jpg)
> *Legal Function: Complaint*
In Circuit Court of St Louis County
March Term 1841 State of Missouri
St Louis County ss.
Charles a man of color
complains of Belina Christy of a plea of
trespass, for that [illegible] the said defendant
on the first day of February in the year of
our Lord one thousand eight hundred and
forty one, at St Louis to wit at the County
aforesaid made an assault upon the said
plaintiff, and then and there imprisoned
him the said plaintiff 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 twenty three
days there next following, contrary to
the laws of this state and against the
will of the said plaintiff. To the damage
of the said plaintiff one dollar and
therefore he brings suit &C.
*Risque Murdoch & King
Attys for Plff*
---
**Page 4** (6846_004.jpg)
> *Legal Function: Caption*
In St Louis Cir. Court
March Term 1841
Charles , a man of color
vs
Belina Christy .
Suit for freedom
Narr in false imprisonment
*Risque Murdoch & King
Plffs Attys*
---
**Page 5** (6846_005.jpg)
> *Legal Function: Summons of Belina Christy*
\> County of St. Louis , ss.
The State Of Missouri , To the Sheriff of St. Louis County—Greeting:
We command you to summon Belina Christy if
she be found in your county, that she
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 Mon-
day of March next, then and there to answer unto
the petition of Charles a man of color, of a plea
of trespass
to the damage of said plaintiff of one
dollar: 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 25th day of
February in the year of our Lord eighteen
hundred and forty one. Jn Ruland Clerk.*
> *Legal Function: Order*
The Court being of opinion, that the foregoing petition of
Charles , a man of color, contains sufficient matter to
authorize the commencement of a suit makes the
following orders.
First That Charles a man of color be allowed to sue
as a poor person to establish his right to freedom and as
-signs Messrs. Risque, Murdoch & King as his counsel.
Second that the said Charles have reasonable
liberty
to attend his counsel and the court as
occasion
may require: that he be not removed out of the juris-
diction of the Court, and that he be not subject to
any severity on account of his application for freedom.
Bryan Mullanphy , Judge of the 8th
Judicial Circuit of Missouri
*a true copy of the order attest Jn Ruland Clk*
---
**Page 6** (6846_006.jpg)
[illegible] plea stricken out by order of court BK 12 p 410 - venue change to St Louis
Court of Com Pleas BK 13 p 204
> *Legal Function: Caption*
No. 343 St St. Louis Circuit Court
March Term 1841
Charles (of color)
vs
Belina Christy
Summons
Suit for freedom
*Risque, Murdoch & King Filed 25th Feb 1841 Jn Ruland Clk Free 1*
> *Legal Function: Certificate of Execution*
Executed this writ in the county of St Louis on the
25th day of February 1841 by
offering to reading
it and the Petition Declaration and order of the Court
to Belina Christy the defendant
*Marshall Brotherton Sheriff
By Henry B Belt Depty Service $ 100*
---
**Page 7** (6846_007.jpg)
> *Legal Function: Plaitiff's Amended Complaint*
In the Circuit Court of St Louis County
March Term 1841 State of Missouri
St Louis County ss
Charles , a man of color
vs
Belina Christy
And now at this day
comes the said plaintiff and by Care of the Court
first had and obtained files an amended
declaration as follows.
Charles a man of color complains of
Belina Christy of a plea of trespass for that
the said defendant at St Louis to wit at the County
aforesaid, on the first day of February in the year
eighteen hundred & forty one with force and arms
assaulted the said plaintiff and him then and there
took and imprisoned and restrained him the said plaintiff
of his liberty and held him in servitude from the
said day and year last aforesaid until the twenty
fifth day of February in the year aforesaid . And
the said plaintiff avers that at the time of the
committing of the said grievances, the said plaintiff
was and still is a free person and that the
defendant held, and still holds him the
said plaintiff in slavery, against the law of
the land, and against the will of the said
plaintiff, and other wrongs to the said plaintiff
within that time did, against the peace [illegible]
and to the plaintiffs damage one dollar
and therefore he brings suit [illegible]
*Risque Murdoch & King
attys for Plff*
---
**Page 8** (6846_008.jpg)
> *Legal Function: Caption*
In Cir. Court St Louis Co
March T. 1841
Charles , a man of color
vs
Belina Christy
Amend Narr
*Filed by leave of Court February
26 1841 Jn Ruland Clerk*
---
**Page 9** (6846_009.jpg)
> *Legal Function: Plaintiff's Petition for Issuance of Warrant*
To the Hon. the Circuit Court of the County
of St. Louis .
Charles a man of color respectfully
represents [illegible] that at the present
term [illegible] Novr Term 1841 of the St Louis Circuit
Court , your petitioner by leave of this honorable
Court brought a suit in False imprisonment against
Belina Christy for the purpose of establishing his
right to freedom_ that the writ issued in said
Cause, was duly served on the said defendant
by the Sheriffs of said County some time during the
last week - that after the said service of
the said writ with the orders thereon endorsed
as provided by [illegible] the second section of the act
entitled ``An act to enable persons held in
slavery to sue for their freedom'' upon the said
defendant, the said petitioner was forcibly
seized in the public streets of the City of
St Louis on Sunday the 28th day of March
1841 by one John H . Deck and one Peter [illegible]
a watchman of St Louis, who pretending to act
under the authority of the defendant Belina
Christy , and carried the said petitioner
across the river Mississippi into the state
of Illinois and out of the jurisdiction
of this Court, and was taken to the jail
of St Clair County , Illinois for imprisonment
but the jailor of said County refused to take
Charge of your petitioner on the ground that there
was no offense alledged against your [illegible]:
Your petitioner states that during last night he
escaped from the custody of those who confined
him at Belleville[?] and has returned to the
City of St Louis in Missouri , and now claims the
---
**Page 10** (6846_010.jpg)
protection of this honorable Court, and
that he may be brought up under a warrant
before this honble Court, and that defendant
be compelled to enter into recognizance
as the said law provides [illegible]. your petitioner
states that he believes that he will be again taken
out of the jurisdiction of
this Court unless the said
warrant issues
Charles a man of Color
*by Risque Murdoch & King
his Attys*
> *Legal Function: Jurat*
State of Missouri
St Louis County Ss
Charles a man of Color
being sworn says that the facts set forth
in the forgoing petition are just & true
*Sworn to & subscribed
the 1 March 1841
Before Jn Ruland Clerk Charles his mark a man of color*
> *Legal Function: Caption*
Charles a man of color
vs
Belina Christy
*Filed March 1st 1841 Jn. Ruland Clerk*
warrant ordered to being plff before the court Bk 12 p 121
---
**Page 11** (6846_011.jpg)
> *Legal Function: Defendant's Plea*
Stricken out by order of court
*N. S. Doughty Dpty Clk*
St. Louis Circuit Court March Term 1841
Charles
vs.
Belina Christy
And the said defendant
in her own proper person comes and says that
this Court ought not to have or take further
cognizance of the actions aforesaid because she
says that [illegible] the said ([illegible])
trespasses and false imprisonment in the
declaration mentioned and the said holding in
slavery therein mentioned, were done in the
State of Illinois & not elsewhere & by reason
of a claim to the services of said plaintiff
under the laws of that State: and the said
plaintiff so being held by defendant to service
in Illinois, under color of the laws thereof,
escaped & ran away from defendant
to the State of Missouri, against the will
of defendant & brought this suit: he the said
plaintiff never having resided in the State of
Missouri at any time and this the defendant
is ready to verify, wherefore she
prays judgment &c.
*Spalding[?] & Tiffany
attys for deft*
---
**Page 12** (6846_012.jpg)
> *Legal Function: Caption*
St. Louis Circuit Court
Charles
vs.
Belina Christy
plea
*Spalding[?] & Tiffany
attys Filed March 20. 1841 Jn. Ruland Clk*
---
**Page 13** (6846_013.jpg)
> *Legal Function: Defendant's Plea of Not Guilty*
St. Louis Circuit Court March Term 1841
Charles
vs
Belina Christy
And the defendant by
her attorney comes and defends the force [illegible] and
injury when &C. and says that she is not
guilty of the said supposed trespass and false
imprisonment in manner and form as
the said plaintiff hath above thereof complained against her, & of this she puts herself upon the country &.C.
*Spalding[?] & Tiffany
attys for Deft*
---
**Page 14** (6846_014.jpg)
> *Legal Function: Caption*
343 St. Louis Circuit Court
Charles
vs
Belina Christy
plea
*Spalding[?] & Tiffany
attys for deft Filed March 20. 1841 Jn. Ruland Clk*
---
**Page 15** (6846_015.jpg)
> *Legal Function: Plaintiff's Response to Defendant's Pleas*
Charles , of color
vs
[illegible] Christy
Suit for freedom
And the said plaintiff as to the
plea of the said defendant, and
whereof she puts herself upon the
Country doth the like
*F.B .Murdoch
atty for Plff*
---
**Page 16** (6846_016.jpg)
> *Legal Function: Caption*
Charles , (of color)
vs
Belina Christy
Repn[?] to [illegible]
[illegible]
*Filed July 19 1841 Jn Ruland clerk*
---
**Page 17** (6846_017.jpg)
> *Legal Function: Defendant's Petition and Affidavit for Change of Venue*
Charles (a man of color)
vs
Melanie Christy
To the Hon St. Louis Circuit
Court your petitioner Melanie Christy respec-[?]
fully avers a change of venue may be awarded
in above named case, pending in the St. Louis
Circuit Court , for the following cause,= because
the Judge of the said Court has prejudices against
the petitioner's defense to the said suit.
*Melanie Christy*
> *Legal Function: Affifavit*
County of St Louis
ss.
Melanie Christy this day personally appears
before the undersigned, & makes oath to the fact
in the foregoing petition & states that she has just cause
to beleive that she cannot receive a fair trial in
the case above mentioned, & on account of the
cause alleged in said petition.
Given under my hand, this Eighteenth day of October,
A.D. Eighteen hundred and forty one.
*[illegible] Kretschmar[?]
Justice of the peace.*
---
**Page 18** (6846_018.jpg)
> *Legal Function: Caption*
Charles (a man of color)
vs
Melanie Christy
Affidavit for change of
venue
*Filed October 23d 1841 Jn Ruland Clerk*
---
**Page 19** (6846_019.jpg)
> *Legal Function: Subpoena of Dr. C. Tiffin, Joseph Basil Pamlin, and John Paron*
County of St. Louis , ss.
The State Of Missouri , To Dr. C. Tiffin, Joseph Basil
[illegible] Pamlin
Jn Paca
[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 fifth day of January
1842
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 Charles a man of Color is
plaintiff B. Christy 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 31st day of December in
the year of our Lord one thousand eight hundred and
forty- one Jn. Ruland Clerk, C. C.*
---
**Page 20** (6846_020.jpg)
> *Legal Function: Caption*
Charles
vs
Christy
Subpoena for
Witnesses
*Dr. Tiffin
Jno Paron
Jos: Pamlin
Executed
M. Brotherton
Shff Fee 150*
> *Legal Function: Certificate of Service*
Served this subpa on all
the witnesses this day
3 Jany 1842
*F. B. Murdoch*
---
**Page 21** (6846_021.jpg)
> *Legal Function: Subpoena of W. S. Miggins and Dr. C*
County of St. Louis , ss.
The State Of Missouri , To Miggins of the house of Christy & Wiggins
and Dr C. Tiffin
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 fifth day of January
1842
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 Charles , a man of Color) is
plaintiff and B. Christy 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 3d day of January in
the year of our Lord one thousand eight hundred and
forty- two Jn. Ruland Clerk, C. C.*
---
**Page 22** (6846_022.jpg)
> *Legal Function: Certificate of Execution*
Executed
*M. Brotherton
Shff Fee $ 1.00*
> *Legal Function: Caption*
Charles
vs
B. Christy
Subpa
*For Dr C. Tiffin
W S Miggins of the firm of Christy &
Miggins.
— To appear 5 Jany 1842*
---
**Page 23** (6846_023.jpg)
> *Legal Function: Attachment for Dr. C. Tiffin*
County of St. Louis , sct.
State Of Missouri , To the Sheriff of St. Louis County—Greeting:
We command you to attach Dr C. Tiffin
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 6th day of January 1842 then
and there to testify, and the truth to say in a certain matter of controversy, now pending in
our said Circuit Court , between Charles of Color is
plaintiff, and Belina Christy is defendant wherein
the said Dr. C. Tiffin has heretofore been summoned
on the part of the said plaintiff
*Witness, John Ruland , Clerk of our said Circuit
Court , at the City of St. Louis , this 6th day of
January in the year of our Lord, one thousand
eight hundred and forty two Jn Ruland Clerk, C. C.*
---
**Page 24** (6846_024.jpg)
> *Legal Function: Caption*
Charles
vs
Christy
Attachment
for Dr C. Tiffin
Not found
*M. Brotherton
Shff Fee .50 C*
---
**Page 25** (6846_025.jpg)
> *Legal Function: Defendant's Petition and Affidavit for Change of Venue*
Charles , a man of color
vs
Melanie Christy To the Hon. the Saint Louis Circuit
Court
Your petitioner Melanie Christy the
defendant in the above named case respect
fully asks [illegible] that a change of venue may
be awarded therein for the following
reason- Because the Judge of said
court is prejudiced in said case.
*Melanie Christy*
> *Legal Function: Affidavit*
State of Missouri
County of St. Louis
sct
Melanie Christy the above
named petitioner this day personally
appears before the under signed and
makes oath to the truth of the foregoing
petition, and that she has just
cause to beleive that she cannot receive
a fair trial in the above case, on account
of the causes alledged in the
said petition.
*Melanie Christy Sworn to and subscribed before me,
this sixth day of January, A.D.
Eighteen hundred and forty two [illegible]. Kretschmar[?] Justice of the peace St Louis County, Mo. [illegible]*
---
**Page 26** (6846_026.jpg)
> *Legal Function: Caption*
Charles , a man of color
vs
Melanie Christy
Petition for change
of venue
*Filed January 6 1842 Jn Ruland Clerk*
Charles, a Man of Color V. Belina Christy and Melanie Christy. 1841, St. Louis Circuit Court Historical Records Project, accessed October 9, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60890