St. Louis Circuit Court For the July Term therof in the
year of our Lord one thousand
eight hundred and twenty seven
County of St.Louis SS: William a free negro boy held in slavery
being permitted to sue, as a pauper, by J. Spalding his attorney
assigned to prosecute this suit, complains of Stephen
Smith of a plea of trespass. For that said Smith on
the first day of May in the year of our Lord one thousand
eight hundred and twenty seven at the County
aforesaid, with force and arms &, C, assaultded
did make upon him said William and then and there
beatbruised and ill treated him said William and then
and there imprisoned him and kept and detained him
a prisoner there without any reasonable or probable
cause whatsoever for a long time to wit hitherto, contrary
to law and against the will of said plaintiff and
then and there heldand detained said plaintiff in slavery
and still holds and detains him in slavery and then
and there did other wrongs to said plaintiff to his damage
of five hundred dollars and therefore he brings
his suit &, C,
J. Spalding atty
County of St Louis Ss.
The State of Missouri To the Sheriff of said County Greeting
We command to summon, Stephen Smith that he be and appear before the
Judge of our Circuit Court at tht next Term thereof to be held at the City of St
Louis within and for the County of St Louis on the fourth monday of July next
then and there to answer to William a free Negro boy held in slavery of a
plea of trespass to the damage of said plaintiff of five hundred dollars
and have you then there this writ,
Witness Archibald Gamble Clerk of our said Court at
Office this sixth day of May in the year 1827 Archibald Gamble Clerk
St Louis County-Before William C. Carr Judge of the St Louis Circuit Court at
Chambers this ninth of May 1827
On reading the within petition and the annexed affidavit and being of opinion that said
petition contain sufficient matter to authorize the commencement of suits for freedom in
the name of each person within named claimed as a slave, it is ordered that said Milly ,
Harry Dick , William & David Shipman be permitted to sue as poor persons to establish
their freedom respectively and that Josiah Spalding be assigned as their Counsel, it is
further ordered that the said petitioner have reasonable liberty to attend their said Counsel
& the said Court when occasion may require and that said petitioners shall not to taken
or removed out of the Jurisdiction of the St Louis Circuit Court where said suits an to
be commenced nor shall be subject to any severity of treatment an account of this
application for freedom, and being satisfied, that the said petitioners are about to be
removed out of the Jurisdiction of the St Louis Circuit Court if is further ordered that
the within named Stephen Smith (who is to be made defendant in said suits shall
enter into a recognizance with a sufficient security conditioned that the petitioners shall at all
times during the said suit have reasonable liberty of attending their counsel; and that said petitioners
shall not be removed out of the Jurisdiction of said St Louis Circuit Court .- and at further appearing
that said Smith refuses to enter into said recognizance it is hereby ordered that the Sheriff of St Louis
County take possession of the petitioners and hire them out to the best advantage from time to time
during the pendency of said suits and that he take a bond from each person hiring any of
said petitioners in the penalty of Three hundred dollars for each person hired out exclusive
of the infant conditioned according to law. Given order my hand the day & year
above written Will . C. Carr Judge 3 J Circuit
A True copy of the order Arch Gamble Clerk
And the said Stephen by Geyer his attorney comes & defends
the force &injury when C C & says that he is not guilty
on manner & force as the plantiff hath above there
complained against him & of this he puts himself upon
the county
filed July 29th1827
A G Clk
Executed this writ on Stephen Smith May 10. 1827
in the City of St Louis by informing said Smith of
the contents & objects thereof and his acknowledging
the service of the same
R Simpson Sheriffservice $ 1.00
No 16 July Term 1827 St Louis Circuit Court
William
vs.,
Stephen Smith
.
trespass for freedom, Issue
summary,
J. Spalding attyFiled 9th May 1827 Archibald Gamble Clerk Special Verdict Book 5 page 293 Judgement 5 page - 538 A.Gamble clerk