Elsa Hicks, a mulatto girl v. S. Burrell and James Mitchell

Item

Elsa Hicks, a Mulatto Girl V. S. Burrell and James Mitchell. 1845, St. Louis Circuit Court Historical Records Project, accessed October 9, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60944

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Case Title: Elsa Hicks, a mulatto girl v. S. Burrell and James Mitchell
Series: Freedom Suits
Plaintiff: Hicks, Elsa
Defendant: Burrell, S.; Mitchell, James
Date Filed: 1845-02-03
Filing Date: 1845-02-03
Plaintiff’s Attorney: King, John B.; Risk, Thomas F.
Court Name: St. Louis Circuit Court
Court Term: 1845-04
Judge: Krum, John M.
Clerk: Ruland, John
Justice of the Peace: Thomas, Isaac B.
Sheriff: Milburn, William; Osburn, A. C.
Cause of Action: Trespass; False Imprisonment; Assault; Battery
Case Notes: Born in Virginia; owned by Louis Mitchell, moved to Wisconsin Territory, held in slavery for 6 years contrary to 1787 Northwest Ordinance; brought to St. Louis, hired to Edward Gay, Mitchell's brother-in-law.
Case Number: 55
Related Project ID: ccr1847.06812.024
Identifier: ccr1845.06809.010
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **Elsa Hicks, a mulatto girl v. S. Burrell and James Mitchell**

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**Page 1** (6809_001.jpg)
> *Legal Function: Petition for Leave to Sue as a Poor Person*

To the Honourable the Judge of the St St. Louis Circuit Court the petition of Elsa Hicks a Mulatto Girl
aged about twenty one years Respectfully Represents
to your honour that she was born in the State of
Virginia & was owned by one James Mitchell
Who aquired[?] her by [illegible] to one Miss Burle[?]-
& has continued to hold her as a Slave since
that time That said Mitchell about the year 1834
removed from said State of Virginia to the
Territory of Wisconson[?] carrying with him your
petitioner Where he held your petitioner as
a slave for the term of six years, contrary
to the Ordinance of 1787 passed by the
Congress of the United States . That about the
year 1791 your petitioner was brought to
the City of St Louis State of Missouri &
hired out by said Mitchell to Edward Gay
of said City That [illegible] one S. Burrel Burrel[?] Representing
himself as the Brother in law of said Mitchell
held your petitioner in his possession as a slave
& is removing your petitioner out
of the State of Missouri & beyond the Jurisdiction of your honors Court against her will
& contrary to the law in such case
made & provided and your petitioner here have
by prays to be by your honor permitted to sue in your honorable circut[?] for the [illegible] as a poor person in behalf of
her freedom [illegible] that she will ever pray & Elsa Hicks a (Mulatto Girl being duly sworn upon her oath says that the matters
& things set forth in the foregoing petion[?]
are just & true

*Elsa her x mark Hicks*

*Sworn to &[?] subscribed before me in the
County of St Louis , State of Missouri , this
3d day of February 1845. Isaac B. Thomas, Justice of the Peace
in & for said County*

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**Page 2** (6809_002.jpg)
> *Legal Function: Order*

On reading & considering the above & foregoing
petition & being satisfied that the said petition contains
sufficient matter to authorize the Commencement of
a suit by the said Elsa for her freedom.
This ordered, that the said Elsa Hicks , be allowed
to sue upon her said Petition as a poor person
& that she have reasonable liberty to attend
her Counsel & the St. Louis Circuit Court &
that she be not subjected any severity on
account of her application to institute her
said suit for freedom &[?] that she be not removed [illegible] jurisdiction of the Court & that John B King Esq be assigned her Counsel.

*St. Louis February 3 1845. John McKrum[?] judge St. Louis Circuit Court [illegible]*

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**Page 3** (6809_003.jpg)
> *Legal Function: Plaintiff's Complaint*

Elsa Hicks a Mulatto Girl
vs.
S. Burrell & James Mitchell
State of Missouri County of St Louis SS [illegible] St Lous Circut Court[?] May April Term 1845
Elsa Hicks complains of S
Burrell Bass & James Mitchell in a plea of Tresspass[?] for false imprisonment For that heretofore to wit on the thirty
first day of January. A. D.. Eighteen hundred & fourty five
1845 the said Defendants with force & arms then & there made an assault upon the said
Elsa Hicks to wit at the City of St Louis in the County
of St Louis & State of Missouri and then & there beat bruised & illtreated her[?] the said Elsa
Hicks & then & there imprisoned her the said Plaintiff kept & detained her the said plaintiff
in prison then without any reasonable
or probable cause whatsoever for a long
time to wit for the space of two days
last past Contrary to Laws & against the
will of the said plaintiff. And the said plaintiff
further avers that before the Grievances
above mentioned were committed
was & still is a free person of Colour
and that the Defendants did then and still holds her in slavery & therefore
she sues.

*By her Attys King. &. Risk*

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**Page 4** (6809_004.jpg)
> *Legal Function: Caption*

Elsa Hicks vs Burrel[?] & James Mitchell
petiton[?] & declaration
in Trespass for false imprisonment

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**Page 5** (6809_005.jpg)
> *Legal Function: Summons of S. Burrell and James Mitchell*

County of St. Louis , ss. The State of Missouri ,
To the Sheriff of St. Louis County- Greeting:
We command you to summon S Burrell, and James Mitchell, 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 April next, then and there to answer unto Elsa Hicks
of a plea of trespass for false imprisonment
to the damage of said plaintiff 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 third day of
February in the year of our Lord eighteen
hundred and forty five. John 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 184

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**Page 6** (6809_006.jpg)
Dismissed Nov. 25. 1846 17[?] p 375
> *Legal Function: Caption*

No. 55
St St. Louis Circuit Court
April Term 1845
Elsa Hicks
vs S . Burrell and
James Mitchell
Summons
Trespass for false imprisonment

*King & Risk pq
Filed 3d Feb 1845
Jn. Ruland Clk
Free (160)*
> *Legal Function: Certificate of Execution*

S Burrell and James S Mitchell the defendants not found in
my County

*William Milburn Shff[?]
By A. C Osburn Depy[?]*
|   |   |
|---|---|
| Fee | $ 2.00 |
| Executing order | 2.00 |
| | $ 4.00 |

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**Page 7** (6809_007.jpg)
> *Legal Function: Plaintiff's Petition for Issue of Warrant*

Elsa Hicks
v S. Burrell . & James Mitchell
To the Honourable the Judge of the
St St. Louis Circuit Court a supplemental
petition of Elsa Hicks your petitioner represents unto your honour[?] that the Sheriff Who
has made diligent seach cannot find Burrell one[?] of defts in the above suit to execute process upon that she believes he is secreting
himself for the purpose of avoiding service by the sheriff Your petitioner [illegible] states
that said Burrell attempted to take your petitioner out of the the State of Missouri
on Thursday last but that the Captain of the [illegible]
that your petitioner was entitled to his freedom required to take her on board of his boat That said Burrell has since employed some persons to your petitioner
[illegible] to take your petitioner or bound of a [illegible] time
to day for the purpose of taking your
petitioner out of the State of Missouri & out of the jurisdiction of Your honor & therefore your petitioner prays that your may issue a warrant your own to the Sheriff of the St Louis County for your petitioner & bring her
before your honor to be dealt with as the & petioner[?]
as in duly with &c Sworn to & subscribed this

*4th day of February 1845 Isaac B Thomas, Justice of the Peace Elsa her X mark Hicks*

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**Page 8** (6809_008.jpg)

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**Page 9** (6809_009.jpg)
> *Legal Function: Warrant to Sheriff*

State of Missouri To the Sheriff of St. Louis County-
Whereas by the Petition of Elsa Hicks it
is made to appear that she has instituted a suit
for her freedom in the St. Louis Circuit Court against
S_ Burrell & James Mitchell, which suit is
now pending & undetermined.. Whereas also it also is made to appear from said Petition that
said Burrel[?] is about to remove the said Elsa, without the jurisdiction of said Court
against her consent & Contrary to the order
of said Court. there are to Command you forthwith to seize the said Petitoner if found[?]
in your & bring her before we
all my [illegible] in the Court House in
the County of St. Louis_ And also that you summon the said Burrell & Mitchell or
anyother person in whose possesion[?]
said Petitoner may[?] be found_ forthwith
to appear before me at the place
afore said, then & there to bear [illegible]
shall be [illegible] in the or to allow Cause against the said Petiton[?]-

*Given in [illegible]
this 4th. day of February 1845. John M Krum[?]
Judge. 8th Jud Cir. M[?] [illegible]*
> *Legal Function: Certificate of Execution*

Excuted this unit in the County of St Louis on the 4th day.
of February 1845 by seizing the Petitioner. Elsa named in this writ
and have her body before the Hon Jno M Krum as[?] above com-
manded on the 5th day of February 1845.- Neither S Burrell nor James Mitchell found_ William Milbrun Sheriff[?]

*By Henry B Belt Depty*

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**Page 10** (6809_010.jpg)
> *Legal Function: Order*

In the matter of Elsa Hicks
the Petitioner within named
It is ordered that the
Sheriff of St. Louis County take possession
of the said Elsa, & during the pendency of
her said suit for freedom to hire her [illegible]
to the best advantage; And it is further ordered that the said sheriff shall take
a good & sufficient bond [illegible] from the person or
person to whom he shall hire said Elsa
in the penal sum of Five Hundred (\$500.) dollars
with approved Security & Conditions as
the law [illegible].

*Given under my hand this 4th,
day of Feby A. D. 1845 John M Krum[?]
Judge 8th. Jud. Cir.[?]. Mo*

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