Musa Ben Abel Garzen v. John H. Sparr, George Charles, Samual Hobart, and George H.C. Mellody

Item

Musa Ben Abel Garzen V. John H. Sparr, George Charles, Samual Hobart, and George H.C. Mellody. 1841, St. Louis Circuit Court Historical Records Project, accessed October 9, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60897

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Case Title: Musa Ben Abel Garzen v. John H. Sparr, George Charles, Samual Hobart, and George H.C. Mellody
Series: Freedom Suits
Plaintiff: Garzen, Musa Ben Abel
Defendant: Sparr, John H.; Charles, George; Hobart, Samuel; Mellody, George H.C.
Date Filed: 1842
Filing Date: 1842
Plaintiff’s Attorney: King, Alexander
Defendant’s Attorney: Murdoch, Francis Butter
Court Name: St. Louis Circuit Court
Judge: Mullanphy, Bryan
Clerk: Ruland, John
Sworn Declarant: Vica
Cause of Action: Trespass; False Imprisonment
Case Notes: Plaintiff age 3; next friend Christy Evans; mother Vica; taken to Jackson County, Illinois; taken to St. Louis; left in care of Sparr; sold to Lyman B. Shaw; to Hobart; held by Mellody; claimed mother's Indian heritage; plaintiff's father white.
Identifier: ccr1842.06792.008
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **Musa Benable Gazen vs. John H. Sparr, George Charles, Samual Hobart, and George H.C. Mellody**

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**Page 1** (6792_001.jpg)
> *Legal Function: Plaintiff's Petition*

To the honorable the Judge of the Circuit Court
of St. Louis County
Musa . Ben . Abel [illegible] - a male Child
of colour aged about three years, respectfully shows
to your honor - that he is the son of [illegible] a woman
of color, who was formerly the property of felin[?] Walker
of the state of Mississippi - that the said Walker sometime
in the spring of the year eighteen hundred and
forty one took the said view mother of your petitioner [illegible] who was [illegible] to [illegible] County in the state of illinois where
the said [illegible] and your petitioner was held to [illegible] and service as [illegible] by the said Walker for [illegible] is not about [illegible] that
afterwards the [illegible] and your petitioner [illegible]
[illegible] brought to the [illegible] on
St. Louis in the state of Missouri from said [illegible] state of Illinois by one [illegible]
still [illegible] in [illegible] of the said [illegible] and placed
in the house of our H. [illegible] in said City
that said [illegible] to hold and to [illegible]
to the said [illegible] and your petitioner [illegible] a [illegible] from said still [illegible] said view &
your petitioner to our [illegible] B. Shaw, who under
such pretended and [illegible] right
[illegible] the said [illegible] and your petitioners to George
[illegible] & Samual [illegible] hobart your petitioner [illegible] believes
that your petitioner is now in the custody of [illegible] Melody - your petitioner states that the said
[illegible] H. [illegible] B. [illegible], George [illegible] charles,
and Samuel [illegible] all [illegible] to hand some
right of property in your petitioner [illegible] -
your petitioner states that the said [illegible]
made efforts to obtain [illegible] opinion of your petitioner,
to seperate[?] him from his mother [illegible] then said
view & [illegible] tomorrow him as he believes out of the
jurisdiction of the said court - Believing that
he is [illegible] freed and entilled to his freedom, your
petitioner prays your honorto allow him to [illegible] sue
for [illegible] his freedom as a poor person, by his next
[illegible] friend Evans , and that your [illegible] honor will
make such other and further orders as the [illegible]

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**Page 2** (6792_002.jpg)
as they can [illegible] provide to [illegible] secured to your petitioner
[illegible] his rights and to [illegible] being [illegible] out of [illegible] out
[illegible] of said Court - your petitioner states further
that [illegible] his mother the said [illegible], is [illegible] the daughter of a [illegible] by an Indian man, and that the further
of your petitioner is a [illegible] white man that the [illegible]
of [illegible] blood in your petitioner is about
[illegible] eighth.

*[illegible] Ben Abel Gazin
By [illegible] & [illegible]
[illegible]*
> *Legal Function: Affidavit*

State of Missouri
St. Louis Court
[illegible]
New, a woman of color, being
duly sworn says that the matters and things
in the for going petition of Musa Bin Abel contained and there to the best of his knowledge and belief

*[illegible] x [illegible] mark
Sworn to & subscribed before me this
30th day of April 1842*
> *Legal Function: Order*

[illegible] Notary Public
The undersigned judge of the Circuit Court
of St. Louis County being satisfied the [illegible] Ben Abel gazen[?] a Child of [illegible] contains and there to [illegible] the [illegible] of a
suit, do make the following orders -
First - that the said Musa Ben Abel gazen[?] he allowed
to sue as a poor person to establish his right to
freedom and do assign King Murdoch as
his counsel -
Second that the said
Musa Ben Abel gazen[?]
liberty to attend his counsel the court,
as [illegible]; that he be not removed
out of the jurisdiction of the court, and that to be not
subjects to any severity on account of his applications
for freedom

*[illegible] [illegible]*

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**Page 3** (6792_003.jpg)
> *Legal Function: Complaint*

In the St. Louis Circuit Court July Term 1842
Musa Ben Abel Gazen, a
boy of colour who was by his next friend
[illegible] complains of John H . spam
george charles, Samual Hobart & george H. C. wells
of [illegible] plea of [illegible] trespass and false imprisonment
[illegible] for that the said defandants on the
[illegible] twenty nineth day of April in the year eigghteen hundred
and forty two at the county afore said, upon
said plaintiff an assault did make and him
the said plaintiff did strike, and otherwise
ill treat and him then and then did
imprison & so detained him in imprisonment
for a long time to suit from the day& year last
aforeaid to this day contrary to the [illegible] in
such [illegible] and provided and against
the peace and dignity of the state aforesaid and
the said plaintiff areas that before and at the
time of the committing of the grievances aforesaid,
be the said Musa. Ben Abel Gazen
was and still is a free person, and that the
said defendants held and still lived him
in slavery. To the plaintiff damage one
dollar & therefore he brings suit &c.

*King x [illegible]
Plaintiff attornies[?]*

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**Page 4** (6792_004.jpg)
> *Legal Function: Caption*

Musa Abel Gazen [illegible] John [illegible].
george
charles, Samuel
Hobart & [illegible] H. C.

*Petition for freedom*

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**Page 5** (6792_005.jpg)
> *Legal Function: Subpoena for John H. Sparr, George Charles, Samuel Hobart, and George H.C. Mellody*

County of St. Louis , ss.
The State Of Missouri ,
To the Sheriff of St. Louis County-Greeting:
We command you to Summon John H Sparr: George
Charles : Samuel Hobart & Genye H. C. Mellody
if they be found in your county that they 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 Musa: Ben
abel Gazen a boy of color who sues by his next friend chesley Evans
of a plea of trespass false imprisonment
to the damage of said plaintiff of one
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 Thirteeth day of April in the year of our Lord eighteen
hundred and forty two. Jn. Ruland Clerk.*
> *Legal Function: Subpoena for John H. Sparr, George Charles, Samuel Hobart, and George H.C. Mellody Part 2*

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 184

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**Page 6** (6792_006.jpg)
> *Legal Function: Order*

Order to here out petitioner resciended[?] dismissed Bk 13 p 227[?]
> *Legal Function: Caption*

No 33 St. Louis Circuit Court
July Term 1842
Musa Benabel Gazen who [illegible] sues by
his next friend Chesley Evans vs John H Sparr : Genge Charles
Samuel Hobart & George H . C.
Mellody
Suit for freedom Damages [illegible]1.
King Murdoch pq
it is ordered-first. That the said Thus a Benabel
Gazan be allowed to sue as a poor person
to establish his right to freedom and do assign King & Murdoch as his counsel -
seend - That the said musa Ben abel Gazen
[illegible] 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 eigth[?] 2nd [illegible] of the State of mipouri.

*Filed april 30th 1842
Jn. Ruland Clerk Free*
> *Legal Function: Certificate of Execution*

Executed this writ, on the 30th day of april 1842,
in the County of St. Louis , by reading it and
the [illegible] declaration to John [illegible] Sparr
George Charles , Samuel Robert and George
H C. [illegible]

*[illegible] Brotherton Sheriff*
> *Legal Function: Certificate of Execution Part 2*

|   |   |
|---|---|
| Service | $ 4.00 |
| [illegible] in [illegible] | 2.00 |
| | $ 6.00 |

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**Page 7** (6792_007.jpg)
> *Legal Function: Certificate of Execution*

excuted this writ by reading it to george Melody in the whose [illegible] formed the child
Musa Ben Abel and by having the said child before the [illegible] judge of the 8th [illegible] Circuit at
the time and place this order mentioned-2nd May 1841

*[illegible] By
Joseph to [illegible] Service $ 2.00*
> *Legal Function: Order to Seize Plaintiff*

The State of Missouri
[illegible] Marshall Brotherton Sheriff
of the County of St. Louis
the judge of the eight judicial
Circuit of the State of
Missouri being satisfied, that
Musa ben abel Gazena child
of Color is about to be removed
out of the jurisdiction of the
St. Louis county circuit court
wherever he have have permitted
to due for his freedom, this is
therefore to commanded you so
seize the said Musa and bring
him before our said judge at
nine o'clock [illegible] on Monday the
2nd day of May [illegible] 1840
at goalin the city and County of
St. Louis and to summon
person in where [illegible] he
may be found to before
our said judge at the same
time and place and have you
then there this writ-In testimony
whereof witness the [illegible] of our
[illegible] judge at office this their
tenth day of April in the your
of our Lord [illegible] eight
hundred and forty two [illegible]
judge of the [illegible]
judicial Circuit of the
State of Missouri

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**Page 8** (6792_008.jpg)
> *Legal Function: Order to Seize Plaintiff Part 2*

State of Missouri
Circuity of St. Louis
Be it remembered that on
this third day of May 1842 Musa Ben Abel
Gazen Child of color was brought
before me and the child being too [illegible]
to be lived on [illegible] under the statute and
no person being willing to enter into
the recognizance required by [illegible] it
is [illegible] that the [illegible] or [illegible] and
child subject to the order of the court
[illegible]
of the [illegible] if the
State of Missouri

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