Smith, a person of color, v. James O. Fraser
Item
Smith, a Person of Color, V. James O. Fraser. 1842, St. Louis Circuit Court Historical Records Project, accessed October 9, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60904
- Case Title
- Smith, a person of color, v. James O. Fraser
- Series
- Freedom Suits
- Plaintiff
- Smith
- Defendant
- Fraser, James O.
- Date Filed
- 1842-07-29
- Filing Date
- 1842-07-29
- Plaintiff’s Attorney
- Gamble, Hamilton Rowan
- Walker, John B.
- Defendant’s Attorney
- Polk, Trusten
- Court Name
- St. Louis Circuit Court
- Court Term
- 1842-07
- Clerk
- Ruland, John
- Cause of Action
- Trespass
- False Imprisonment
- Case Notes
- Damages $500.
- Disposition
- Judgment of Freedom, December 21, 1846
- Case Number
- 108
- Related Court Case Number
- 103
- 104
- 105
- 106
- 107
- 108
- Related Project ID
- ccr1842.07146.010
- ccr1842.07145.002
- ccr1842.07144.002
- ccr1842.07143.002
- ccr1842.07142.002
- Identifier
- ccr1842.07141.002
- Source
- Missouri State Archives - St. Louis
- Rights
- Public Domain
- PDF Download
- Download PDF of all images
- Transcription
-
**Smith, a person of color, vs. James O. Fraser**
---
**Page 1** (7141_001.jpg)
> *Legal Function: Plaintiff's Complaint*
State of Missouri
County of St. Louis
ss
In the St. Louis Circuit Court July Term 1842
Smith , a [illegible] boy of Color by his attorneys and
by leave of the Court according to the statute in
such case provided, complains of James G . [illegible]
of a plea of trespass for false imprisonment for
that whereas the said defendant heretofore to wit, on the first day of March in the year eighteen hundred forty two with force and arms at the County aforesaid, [illegible] of south upon him the said plaintiff and then and there heart, bruised
and illtreated the said plaintiff and [illegible] then
and there imprisoned the said plaintiff and
then and there kept and detained the [illegible] said plaintiff in prison, from that time until the present
against the will of the said plaintiff and
other wrongs is the said plaintiff then and there
did contrary to law and against the peace
of the state. And the said plaintiff avers that
before and at the time of the committing like
grievances aforesaid he was and still is
a free person and that the said defendant held
and shall holds him the said plaintiff in slavery
wherefore thoseaid plaintiff so [illegible] that he hoth been injured and hoth sustained damage
in the sum of fine hundred [illegible] and
therefore he [illegible]brings his suit
*Gamble & Walker Attys for Pltff.*
> *Legal Function: Defendant's Plea*
Smith a boy of Colour vs James O [illegible] Fraser is [illegible] and now
at this day comes said defendant by his attorney
and defends the force & injury when [illegible] & say
that he is not guilty of the said supposed [illegible] grive=[?]
---
**Page 2** (7141_002.jpg)
[illegible] or any of them in manner or form as
said plaintiff hath above thereof complained against him & of this he finds himself upon
the country [illegible]
*T. Polk P.D.*
> *Legal Function: Complaint (cover)*
No. 108 St St. Louis Circuit Court
July Jerm 1842
Smith (a person of (Color)
vs
James O. Fraser
Declaration in trespass
for false imprisonment&
suit for Freedom
Dams [illegible] & 500
filed by consent
[illegible] Gamble & Walker
Attys for plff
Plea not guilty T. Polk P.D.
*Filed July 29th 1842 J Ruland[?] clerk*
> *Legal Function: Note on Judgment*
Judgment of freedom December 21.1846. 17p 442
Smith, a Person of Color, V. James O. Fraser. 1842, St. Louis Circuit Court Historical Records Project, accessed October 9, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60904