To the Honorable the Judge of of the Circuit Court within
and for the County of St.
Louis
The petition of Louis a man of Color
, that he is by birthentitled
to his freedom by being born
of a Negresse, named Rose who was
borne in Montreal
in
Canada - That in the Year seventeen hundred and ninety
one
or there abouts the said Rose was removedfrom Canada by a
certain John Strike, an Indian Trader, to his
trading post at
Prairie in the Northwestern Territory of the United
States
west of the river Ohio and was
there detained by the
the said John Strike,
as his slave, until the death of said
Strike,
which took place about the year 1793 or 94 -
that
he is informed that after the death of the said Strike
aforesaid, she was broughtdown to
St Louis by a certain
Andrew Todd a traderwho sold
her to a certain D Didier
the Curate of the
parish, contrary to the provision of an
Ordinance of the Congress of the United States ,
entitled an
Ordinance for the Government of the Territory North
West of
the River Ohio passed
July 13th 1787, that she
remained
said Didier
as his slave and was afterward sold by him
as his slave, as to one Auguste Chouteau who
is
dead,
Your petitioner further States that after the death of
said
Chouteau , at a of the per Estate
of said
Chouteau , he was bid for and to one
Chouteau in whose possession he nowremains
held by
him as a
slavecontrary
to the provisions of the ordinance
afore
stated Wherefore he prays that he may be
permitted
to sue as a poorperson
for the
obtaining of his freedom, and
that Your Honorwillmake an
order that he have reasonable
liberty to attend
his Counsel and the Court, and that he shall
not be subjected to any
severity on account of his
forfreedom,
nor
be removed
out of the jurisdiction of the court
Louis his
mark
qua testes,
F. Kritschman Sworn to and subscribed before me
this sixth day of May, a. d.
1843. Fr. Kritschman , Justice of the peace, St. Louis
County , Missouri .
In the Circuit Court
County of St Louis
ss:
By the Honorable Bryan , Judge of
the Circuit Court
aforesaid
The Petitioner has
leave to establish his right to freedom,
He
is permitted to sue as a poor person and Duncan
Esq is
assigned to him as Counsel
it is ordered By
the Court that he have reasonable liberty
to attend his
counsel and the Court, as occasion may
require, and
that he
shall not be
removed out the jurisdiction of the
court
nor be
subjected to any severity on account of his
application for
freedom.
Given at my Chamber this the
27th day of May 1843. Bryan MallanPlff
Judge 8th Judicial
Circuit of
Missouri
Louis a man of color
Gabriel Ceni
Petition for Freedom
County of St. Louis , SS.
The State of Missouri ,To the Sheriff of St. Louis County࠸Greeting:
We command you to Summon Gabriel S. Chouteau
if
he be found in your County, that he 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 Louis
Chouteau of a plea of Trespass
to the
damage of said plaintiff of Eight
hundred
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 fourteenth day of
February in the year of our Lord
eighteen
hundred and forty four. Jn. Ruland Clerk
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
Plea filed Bk 13p8. suitJuly
18th 184416p35 set aside
filedsustd new
suitset aside
in pay of costs and
Court by
counsel 18p315Court19p43.19 page 229
November Term 1832, Nov 22d 1852
new
suit22p286.Mo to set
asidenew
suit sustd30p428.
Mosustdshff
ordered to hire the pltff 30p444
Mo to
reduce bondsustd30p540, Nov 25th 64 judgment by
agreement in
favor of plff for one 33p642
32p642 I 26th
65 Mo to retax costs 33 p 65
4th 65 Bill Ex filed 33p73.
No 51 St Louis Circuit Court
April Term 1844
Louis Chouteau
vs
summons
Gabriel S. Chouteau
Suit for Freedom.
$ 800
Duncan & Cobb , p.q.
Filed July 17th 1844 Jn Ruland Clerkadditional costs on and to
1.75 July 7 65 (85)
Executed this writ intheCounty
St Louis on the 21st day of
February 1844 by
offering
to read it and the declaration to Gabriel
S Chouteau , which he
refused to hear, and also
by makeingknown
the contents of the within
order of the
Judge to the said Gabriel S
Chouteau
William Milburne Shff
by N C Osbune Depy fees $
1.50
St Louis Circuit Court
Apl 7. 1844
vs
Gabriel S. Chouteau
And the trial defendant
by his attorney comes & defends the
force & injury when &.C. and says that
his not guilty of
the said severaltrespass
&
grievances in manner & as
the said plaintiff hath where
thereof complained
against him & of this he puts him
self
upon the county &.C.
Spalding & Jefferey
Attys for Deft
51 St Louis Circuit Court
Louis Chouteau
vs
Gabriel S. Chouteau
Plea
Spalding & Jefferey
attys.Filed 24th April 1844. Jn. Ruland Clerk
vs
Gabriel S. Chouteau
In the St. Louis
Circuit Court
April Term 1845
And now
the said plaintiff
comes the
Court by his
Attorney, to set aside
thenew suit
andreinstate the above
entitled suit
upon, the docket, for
the following reasons, stated in
the
affidavit hereto annexed,
Cobb Atty, for Plff
State of Missouri
County of St. Louis
Ss.
Before me John Ruland , Clerk
of the St. Louis Circuit Court , personally
appeared
B. F. , who being by me
duly sworn upon his
oath states that on or about the 4th day of February
last part Henry L.
Cobb , placed in his hands
some
business which he desired affiant to attend to for him during his
absence said Cobb's absence
from the
City of St. Louis - that among other
said Cobb , desired affiant to attend to a
suit in the
St. Louis Circuit Court entitled Louis Chouteau
vs. Gabriel S. Chouteau - that in the morning of the day
on which said case was set for trial - affiant
with Josiah Spalding Esq.
attorney offered on
the part of the defendant, about the trial of
saidsuit
and informed said Shalding that
said Cobb desired
a continuance of said case
until his return from
the City of New Orleans - said Spalding replied
that it was of no avail for
said case had been
settled by a decisionof our Supreme Court in a
similar case there lately decided - affiant
remarked
that he knew nothing about said case, in Supreme
Court ,
and perhaps, Mr. Cobb , relied upon other prints
his suit and after said
conversation,
according to affiant best knowledge and belief
and Spalding agreed to a continuance of the case
until said Cobb's
return: said affiant further
states
that he was present in the court on the
morning on which said case was
set for trial
but that
he did not hear said case called per trial
on its
regular order, and therefore said affiant
inferred
that said Shalding had continued
said case in accordance
with the understanding between
him and affiant.
B. K. Sworn to &
subscribed before me
this 1st day of July 1845 Jn. Ruland Clk
State of Missouri
County of St. Louis
Before the personally
appeared
who being duly
sworn says
that on or about the 4th day
of Feb. last, he desired B. Franklin Thomas
to attend
to the suit of Louis Chouteau as Gabriel S. Chouteau
in the Circuit Court , if said suit
should be called
on the
docket during the absence of affiantfrom
this State that he would have the
claim continued
& that on
the return of said affiant to the State
said Thomas informedsaid
affiant that said suit
had been continued, as stated in his affidavit
above,
that said affiant returned to this City on or about the 4th
of
March last, & has sincediscovered that a nonsuit
in said case on the 18th Feb. during
his said absence
Sworn to, subscribed, July 1st
1845 John Ruland Clk
Circuit Court Cobb
In the Saint Louis
Circuit Court
April Term 1845
Louis Chouteau
vs
Gabriel S. Chouteau
Motionto setaside
nonsuit
& c
Cobb
Atty for Pltffiled July 1st 1845 Jn Ruland Clk
County of St. Louis , SS.
The State of Missouri ,To Paschal Cerre , Michel Marle , Pierre Lariviere
Michel
Fontaine , Mr. Cuigan , Mr. Pierre F
Fouephe
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 nineteenth day of
December A. D. 1845 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 Louis Chouteau is
plaintiff and Gabriel S. Chouteau
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 first day of December
in the year of our Lord one
thousand eight hundred and
forty-five. John Ruland Clerk, C.C.
Executed this writ in the
County of St Louis December 3rd
1845 by reading itto Paschall Cerre
Micheal Marle Pierre Lariviere
William Milburn Sheff
By R Dowling Deputy $ 2.50
further Executed the8th Dec by reading
it to Michael Fontaine & MrPrescie
Cuigan
not found in my county
William Milburn
By Harris Dety fees $ 3.10
In Circuit Court
Louis Chouteau
vs
Gabriel S. Chouteau
subpoena for Pltf
Paschel Cerre
Michel Marle
Pierre Lariviere
Michael
Fontaine
in Town S in Morisant
Francis Touche
Executed Wm
Milburn Shrff fee $ 2.50
County of St. Louis , SS.
The State of Missouri ,To Paschal Cerre , Michel Marle , Pierre Lariviere ,
Michel
Fontaine ,
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 thirtieth day of
April
A.D. 1846. 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 Louis
Chouteau is
plaintiff and Gabriel S.
Chouteau
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 25th day of April in the year of our Lord one thousand
eight hundred and
forty six Jno Ruland Clerk, C.C.
Louis Chouteau
vs
Gabriel S. Chouteau
Subpoena
Pasch L Cerre
Mich Marle
Pierre Lammiere
Michael
Fortaine
Executed Wm Milburn Shrff fee $ 200
County of St. Louis , Ss.
The State of Missouri ,To Marianne Tison , Antoine Smith ,
Michael Marli
Greeting:
You are here by commanded, that setting aside all manner of excuse and delay,
you appear
before the Judge of our Circuit Court , on the 30th day of April
instant
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
Louis Chouteau (of Color)
is
plaintiff and Gabriel S. Chouteau
is
defendant on the part of the
defendant
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 27th day
of April
in the year of our Lord one
thousand eight hundred and
forty-six. John Ruland Clerk, C.C.
Louis Chouteau (of color)
vs
Gabriel C. Chouteau
Witnesses
Marianne Tison
Ant Smith
Michael Marli
Sub. for 30th April
Executed Wm Milburn Shrff fee $ 1.50
County of St Louis , ss.
The State of Missouri ,To Michel Marle & Pierre Lariviere
Wilson
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 28th day of April
1847 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 Louis Chouteau
is
plaintiff and Gabriel S.
Chouteau
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 24th day of April
in the year of our Lord
one thousand eight hundred and
forty-seven.
Jn Ruland Clerk
C.C.
Executed April 26th by reading except
Pierre Lariviere not
found
Samuel Conway Sheriff
By Geo
Deptyfees
$ 1.60
28 In Circuit Court
Louis Chouteau
vs
Gabl . S. Chouteau
subpoenas for plff
Paschal Cerre
Michael Marle
Pierre Lariviere
Wilson for 28th Apl.Jn Toure
April 24th
1847
S
County of St. Louis , ss.
The State of Missouri ,To Michel Fontaine Michel Cuigan
Pierre Piaute , alias St . Auge Mary Ann Tison
& M. Precis
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 28th day of April
1847 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 Louis Chouteau
is
plaintiff and Gabriel S.
Chouteau
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 23d day of April
in the year of our Lord one
thousand eight hundred and
forty-seven Jn Ruland Clerk C.C.
In Circuit Court
Louis Chouteau
vs
Gabl . S. Chouteau
Subpoena
for pff.
Michel Fontaine
Michel
MrPrecie
Mary Tison
Pierre Piaute
alias St . Auge
for 28th Apl. 1847
All in St . Louis
except St Auge who
is now in
town P. .
on 11between
Franklin Av ..
& Wash St .
April 24
1847
Execute St Louis April 26th 1847.
Saml Shff
By Jn. C.
Brown Dptyfees 210
County of St. Louis , SS.
The State of Missouri ,To Mr. Dufrene . &
Jacob Boneau
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 28th day of April
1847 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 Louis Chouteau is
plaintiff and Gabriel S.
Chouteau
defendant on the part of the plaintiffs
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 27th day of April
in the year of our Lord one
thousand eight hundred and
forty-seven Jn. Ruland Clerk, C.C.
In Circuit Court
Louis Chouteau
Gabriel S.
Chouteau
Subpoena for plff
M . Dufrene
Jacob Boneau for 28th Apl. 47
Executed April 27th 1847 by reading
Samuel Conway
Sheriff
By
Geo
Depty Fees $
1,00
Louis Chouteau
vs
Gabriel S. Chouteau In the St Louis
Circuit Court
April Term 1847
It is hereby agreed between
the parties in the above case, that
this
case shall be continued until
the suit of Pierre vs Chouteau
shall be finallysettled,
Henry L. Cobb
Plff atty. Spalding & Tiffany
attys of deft
Louis
vs
Chouteau
Filed April 30, 1847 Jn. Ruland Clerk
County of St. Louis , ss.
The State of Missouri ,To St Auge , ,- Cuiguian, Pierre Riaute, Joseph Precie,
Michel Fontaine , - Larivierre , Francois
Rowan Dufrane ,
Michel Marle , Jaques Bouman ,
and Paschel Cerre ,
Greeting:
You are hereby commanded, that setting aside all manner of excuse and delay,
you appear before
our Circuit Court , for the county aforesaid, on the
eighth day of
February 1849 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 Louis
Chouteau is
plaintiff and Gabriel S.
Chouteau
defendant on the part of the plaintiff
and herein you are in nowise to
fail.
Witness, Wilson Primm, Clerk of our said Court,
with the seal
thereof hereto affixed, at office, in
the City of St. Louis , this 24th
day of January in the year of our Lord
one
thousand eight hundred and forty-nine Wilson Primm Clerk, C.C.
Executed this subpoena
in the County of
St
Louis
on the 29th day
of Jan
1849, on Peter , Piante
Joseph Precie Michael
Fontaine Lariviere
Jaques Bouneau
St Augae Michael
Marle Rowan
Dufrene
not found
Louis S . Sabeaume
Shff
By
Franklin Depty 310
In Circuit Court
Louis
vs
Chouteau
Spa Paschal Cerre
Michel Marle (dead)
Rowan Dufreue
Lariviere
Jaques Bouneau
(In City)
Pierre Pianti
Joseph Precie
Michel Fontaine
Francois Touche
Cuigian
St . Auge
(In )for the 8th Feb. 1849
( 8)
Market man
market
Louis Chouteau
vs.
Gabriel S. Chouteau
In the St. Louis Circuit
Court State of
Missouri .To theabove named
plaintiff.
You are hereby notified, that Depositions of Witnesses to be read in evidence
in the above
cause, on the part of the
defendant will be taken at the
office
of the Clerk of the Circuit Court
at the Court
House
in the County of St.
Louis and State of Missouri on the
Sixth
day of
February 1849 between the
hours of 8 o'clock in the forenoon, and 6 o'clock in
the afternoon: and
that the taking of said depositions, if not completed on that day, will
be
continued from day to day, at the same place and between the same
hours, till completed.
Gabriel S. Chouteau .
by his attorneys.
Served this notice in the county of
St. Louis this 2nd day of February 1849 by
delivering a
true copy thereof to Louis
Chouteau
Louis T . Labeaume Shff
By J. C.
Brown Depty fee 50
Louis Chouteau
vs
G. S Chouteau
County of St. Louis , Ss.
The State of Missouri ,To Paschel Cerre Michel Marle Rowain
Dufrene
Jaques Boumean Pierre Piaute & - Rene Paul
Larivierre (In City)
Francois
Fouche , Joseph Precie Michel Foutain and
Cuiguian (In Florissant )
Greeting:
You Are Hereby Commanded, that setting aside all manner of excuse and
delay,
you appear before our Circuit Court for the County aforesaid, on
the 4th day of
December 1850 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 Louis
Chouteau is
plaintiff and Gabriel S.
Chouteau
defendant on the part of the plaintiff
and herein you are in no wise to fail.
Witness, Michael S. Cerre , Clerk of our said Court,
with the seal
thereof hereto affixed, at office, in the
City of St. Louis , this 30th day of
November in the year of our Lord one
thousand eight hundred and fifty M. S. Cerre Clerk, C.C.
In Circuit Court
Louis Chouteau
vs
Gabriel S. Chouteau
Paschal Cerre Dead
Michel Marle Dead
Rowaine Dufrene Dead
Jaques
Pierre Piaute
Rene Paul
Larivierre on 4th
first above
Poplar East Side
(In City)
Francois Fouche Dead
Joseph Precie
Michel Fortain Dead
Cuiguian or St . Auge
In Florissant for 4th
Decr.
Executed except
Paschal Cerre
Michael Marle
Rowaine Dufrene
Jaques
Francis Fouche
Michel Fortain
Henry B Bett
Sheriff
By L S Link Dept
fee $ 1.50
County of St. Louis , Ss.
The State of Missouri ,To Antoine Smith Marianne Tison Francis Tison
Greeting:
You are hereby Commanded, that setting aside all manner of excuse and delay,
you
appear before our Circuit Court for the County aforesaid, on the
22nd of November
1852 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 Louis Chouteau (of color) is
plaintiff and Gab . S Chouteau is
defendant
on the part of defendant
and herein you
are in no wise to fail.
Witness, Michael S. Cerre , Clerk of our said Court,
with the seal
thereof hereto affixed, at office, in
the City of St. Louis , this 18th day
of Nov. in the year of our Lord one
thousand eight hundred and fifty two
- M S. Cerre Clerk C. C.
Executed this writ in the County of St
Louis , on the 20 day of November 1854 by
reading the
same to the withinnamed Anton
Smith , the within named Marianne Tison is not
able to
come
and Francis Tison not found
Jn M Shff
By G. Dpty fee 70 cents
Circuit Court
Louis Chouteau
vs
Gab . S Chouteau
for Dep
Ant Smith
Marianne Tison
Francis
Tison for 22 Nov 1844
In the St Louis Circuit Court
8th February 1849
It is hereby agreed by and between the
parties in the suits of Louis vs Chouteau
Charlotte vs Chouteau
& Michel vs Paul
in which the undersigned are
counsel
for their respective parties in this Court,
that the said
suits shall abide the final determination of the suit of
Pierre ve Chouteau ,
provided the same shall be tried upon its
merits
& carried to a final determination; but in case
of
the death of Pierre , or any cause preventing
a final determination on
the merits in his suit,
then either of
the other above mentioned suits
may be tried on its
merits, & all depositions,
&
documents adduced by plaintiff or
defendant
which would be legal evidence in the case of Pierre
may
be read on the trial of either of the above
mentioned suits (subject
to the same exceptions
as they would be in the case of Pierre )
And it is hereby further agreed, that the
testimony for the plaintiff as
well as for the
defendant, reported by D.C.Little,
Reporter for
the Court on the former trial of Pierre , and
filed in
this Court, may be read in evidence
on any subsequent trial of Pierre ,
or on the
trial of either of the above mentioned suits
by the
plaintiff, or defendant according as the
tesitmoney was reported for
the one or the other
only however when it
shall appear on any of said
trials, that any of the witnesses whose
testimony is
therein reported is dead, or that there is any legal
reason why any of said witnesses whose testimony it
is
desired to read may not attend the court on any of
said future
trials
Henry L . Cobb
Atty for Plffs
Louis
vs
Gab . S.
Chouteau
Agreement of Counsel
filed October 13 1833 M S. Carre Clk
State of Missouri
County of St Louis
sct
Charles Roderueau ,
being duly sworn on his
oath says, that
he is jailor of the County of S Louis ,
that
he entered upon the duties of his
office
as jailor aforesaid on the 14th day of
August
1858; & that the affiant then & there
found
a man named Louis (of color) confined in
the jail &
that the only authority by which
he was then & there & is
so held, as appeared
& yet appears in the office of jailor,
is
the following entry on the book, known as
the jail record book:
"State
"vs
" Lewis Negro
"June 6th 1857 Committed by Sheriff
for
Safe Keeping"
And affiant further states that he
has
held & now holds the said Louis ,
subject to the order of the
Sheriff or
the order of the Court.
Louis Chouteau
vs
Gabriel S. Chouteau
Affidavit of
Charles Roderueau
Jailor on motion
for order to hire out
pff.
In St Louis Circuit Court
Louis Chouteauvs
Gabriel S. Chouteau
For Freedom
And now comes the said
plaintiff & moves the court to make an order
on the Sheriff to hire the plaintiff out, as
provided by the Statutes, See 8 Chap 69 in the
act entitled "an act to enable persons held in
slavery to sue for their
freedom"
1st. Because B. M . Lynch who
was about to remove the
plaintiff out of the
jurisdiction of the Courts either by himself
or
by his agent has failed to enter into the recognizance required of
him
by the Statutes in such
case made &
provided
2d. Because the plaintiff was by the
Sheriff committed to the common
jail of
St Louis County, for safe keeping, on the 6th
day of June 1857 & now remains
in said
jail under &by
virtue of said commitment
he the said
plaintiff being in the possession
of the Sheriff
H Cobb
for Plff
In Circuit Court
Louis Chouteau
vs
Gabriel S. Chouteau
Motion
for order on
Sheriff to hire out so
filed by leave of
Court Jany 21st
H . Cobb
Atty for Plf
State of Missouri
County of S Louis
sct.
Louis Chouteau , the plaintiff
in the above named suit, of Louis Chouteau
vs Gabriel S. Chouteau , being duly sworn
on his oath says
that on the 6th of June
1857 he the plaintiff was committed by
the
Sheriff of St Louis Court, for safe keeping
to the Common jail of said
County, where
said plaintiff is now kept to prevent
him said
plaintiff from being removed
out of the jurisdiction of this Court,
on account
of his suit for freedom, & affiant
further says
that the other facts stated
in the above motion are true to the
best
of his knowledge & belief
Sworn to
this
before me
In the St Louis Circuit
Court
Louis Chouteau
vs
Gabriel S. Chouteau
Motion to set aside
judgment of new suit,
& to reinstate
this
suit on the docket
filed by leave of Court
Jany 21
1861S Rice H Cobb
Pfs . Atty
plaintiff (of color)
vs
Gabriel S. Chouteau
In the S Louis Circuit
Court
January 23rd 1861To the Sheriff of St Louis County:
You are hereby notified that a motion is
pending in the above named suit
to order
the Sheriff to hire out the plaintiff in
accordance with
Sec. 8 Chap. 69 of the
Statutes of Missouri on the subject of
freedom
& that said motion will be called up for
action
thereon by the Court aforesaid, at
the Court House, in the City & Court of St Louis
State of
Missouri , on the 24th day of January
1861, at the hour of 10 o'clock A.M.
or as soon thereafter
as the attention of the
Court can be given to the consideration
of
the said motion, when & where you will
please attend & show cause if any
you
have, why said motion should not be
granted by the Court
Henry Cobb
Atty for Plff
I John H. Andrews , Sheriff of the County
of St Louis , hereby accept the
service of
of the above notice & waive objections to
time of action on motion
John H Andrews Shff
Theodore La Beaume Dpy
In the St Louis
Circuit Court
January 21st 1861
Louis Chouteau
vs
Gabriel S. Chouteau
Notice to Sheriff
of motion for order
on him accepted-
service
Filed Jany 24th 1861 H. Cobb
PlfsAtty
vs
Gabriel S. Chouteau
In the St Louis
Circuit Court State of Missouri
County of St Louis
sct.
Be it remembered
that Bernard M . Lynch , being duly sworn
on his
oath says that he is now, & has been
for about twelve years
engaged in the
business
of buying & selling slaves, that
Louis the plaintiff in the
above named
suit was placed in the possession of
the affiant on or
about the first of the
month of June in the year 1857, &
that
soon thereafter said Louis was delivered
by affiant to the
Sheriff of St Louis Court
on a
warrant issued by A. Hamilton
Judge of the Court aforesaid, as a suit
had
been brought by said Louis for his freedom
against Gabriel S.
Chouteau ; & affiant further
says that he estimates the value of
said
Louis as a slave to be about six hundred
dollars,
B. M . Lynch Subscribed & sworn to
before me Jany 24th '61S. Rice Clk
In Circuit Court
Louis Chouteau
vs
Gabriel S. Chouteau
Affidavit of B. M . Lynch
Filed January 24th 1861S Rice Clk
State of Missouri
County of St Louis
sctTo the Sheriff of said St Louis County; Greetings
beingnow to
appear to the oath & action,
of the undersigned Judge of the St
Louis
Circuit Court that by the affidavit,
of .I. P . Fouche Esq.
that Louis
of color, is about to be removed,
out of the
jurisdiction of said Circuit
Court there are therefore to,
command
the said Sheriff to seize
the said Louis wherever he may be
found and him bring him before
the undersigned at chambers
of the office of the Clerk of said
Court of the Court House in the
City of
St Louis on Monday
the 8th day of June AD
1857 at
the hour of 9 AM and you
are further
commanded to summon
summon B M Lynch or other
person in whose
possession the said
Louis may be
found then and
there to appear before the undersigned
given under
my hand this sixth
day of June in the year of
our Lord
eighteen hundred fifty seven
A Hamilton
Judge 8th Cir
of Cir
Executed this writ by serving B M
Lynch the 6th day
of June 1857
to appear before the Judge of the
Circuit
Court on the 8th June 1857
at the
hour
of 9 oclock A M at the
office of the Clerk of the Circuit Court at the
Court House
Executed further the 8th day of
June 1857 by having the Body of
Louis
a man of color before, Judge
Hamilton of the Circuit
Court
of St Louis County of the office of the Clerk
of the Circuit
Court at
the Court House
James Castello Sheriff
Ed Castello Depty fee 2.00
Louis (of color)
(Entitled) Louis Chouteau
vs
Gabriel S. Chouteau
Application for warrant
8th June 1857
Filed Jany 28 1861S Rice
Clk
Executed this writ by having the body of Louis of color before Hon. Defendant Hanllu Judge of the Circut Court of St. Louis County
June 8th 1857
Fee 2.00
James Castello shff
by Ea J Casella Dept
State of Missouri
County of St Louis
ssIn the St Louis Circuit Court
September Term 1860
January 28th 1861
vs
Gabriel S. Chouteau
Order to hire Plaintiff
It is ordered by the Court
that the Sheriff of St Louis County hire
said Plaintiff out to the best advantage from time to time during
the
Pendency of this suit and take a bond from the
hirer, payable
to the State
of Missouri in the penalty of one thousand dollars,
with such security
as he approves, conditioned that the
petitioner shall, during the
pendency of this suit have
reasonable
liberty of attending his Counsel and the Court, that he
shall
not be removed out of the jurisdiction of the County where
the suit is pending, and that he shall not be subjected to any
severity
on account of his application for freedom; and further
conditioned that
the hirer will pay the hire to the Sheriff
and return the petitioner at
the expiration of the term
for which he
is hired, or as soon as the action is
determined
State of Missouri
County of St Louis
ss.
I Stephen
Rice, Clerk
of the Circuit Court within
and for the County and
State aforesaid, certify
the foregoing to be a true copy from the
records on file in my office
In testimony whereof I hereto subscribe
my name and affix the
seal of said Court this 28th
day of January A D
1861 Stephen Rice Clk
Louis Chouteau
vs
Order to hire
Plaintiff
Gabriel S. Chouteau
Mo to reduce bondsustd
Louis Chouteau
vs
Gabriel S. Chouteau In the St Louis
Circuit Court
September Term 1860
January 28th 1861
It is ordered by the Court that
the Sheriff of St Louis County hire
said
plaintiff out to the best advantage,
from time to time,
during the pendency
of this suit, and take a bond from the
hirer
payable to the State of Missouri
in the penalty of one thousand
dollars,
with such security as he approves, conditioned
that the
petitioner shall, during
the pendency of this suit, have
reasonable
liberty of attending his counsel and the Court,
that he
shall not be removed out of the
jurisdiction of the Court where the
suit
is pending, & that he shall not be subjected
to any
severity on account of his
application
for freedom; and further, conditioned that
the hirer
will pay the hire to the Sheriff,
and return the petitioner at the
expiration
of the term for which he
is hired, or as
soon as the action is determined.
Louis Chouteau
vs
Gabriel S. Chouteau No. 51 April Term
1844
St Louis Circuit Court
of Costs:
Clk Rice 4.40
Clk Thomkins 2.80
Clk Ruland 7.40
Clk 1.00
Judge 3.00
Clk Cerre 1.75
Shff 30
Shff 5.30
Shff Belt 1.20
Shff Winer 1.00
Clk White 50
S Larivier 3.50
Pascal Cerre 6.50
Jn 2.30
Jn Marli 2.00
Shff Millburn 8.60
Jailor Roderman KeepingPlff 918. ( 36 275.40
Jailor Logan 434 ( 30 13.20
Jailor Lagan fee 75
࠸
Total $ 457.90
The accounts filed &
sworn to by Roderman & for Logan Show that the plaintiff was
committed to the Jail June 6, 1857 under our Circuit Court , and was
delivered to Sheriff Andrews . (under an
order of same Court) February 16, 1861
Clk
Louis Chouteau vs Gabriel S Chouteau
Costs
Cal 11.
Louis of Color Plaintiff
vs
Gabriel S Chouteau defendantIn St Louis Circuit
Court
St Louis County
Parties in above entitled cause
So Charles Roderman Jailor D
inkeep of
said Louis in the County sent, committed
bySherriff Castello (under order of Circuit Court ) on
the 6 June 1857 and delivered to
Sheriff Andrews
16 Feb 1861 under order of said
Circuit Court
918 days at 3 perday -
$ 275.40
State of Missouri
County of St
Louis
ss.
Charles Roderman being duly sworn
says that the above account is
Correctly
stated, and that the
said
amount of $ 275.40 is
justly
due and him for Keeping said Louis
under
the of Court during the
time he said Roderman was
Jailor
of St Louis County .
Chas . Roderman Sworn to before me November
30. 1864 J Thornby Clk
C Roderman
Filed Nov 30. 1864 J Thornby Clk
agst
Gabriel S Chouteau Deft
In St Louis
Circuit Court
Nov 30. 1861
Now at this day comes
the Plaintiff by his atty and moves
the
Court to reduce the amount of the Bond
heretofore required,
first Because: The
same is excessive in view of the value
of
the property, which is not worth
more than four hundred Dollars.
Because; The Sheriff is unable to hire
the Plaintiff upon the terms of the
Bond
Because; The Plaintiff is confined in
a dungeon
without having committed
any offense, and has simply presented
his
petition for his freedom
Louis S Chouteau
By
& Bayes
his attys.
Louis S Chouteau
Plf
vs
Gabriel S Chouteau
Motion to reduce
Amount of Bond
Filed Feby 14 1861S Rice
Clk
vs
Gabriel Chouteau defendant
In St Louis Circuit
Court
St Louis County
Parties in above entitled cause
So Robt F. Logan Jailor for
keep
of Said Louis in the County Jail Committed by
Sheriff Castello (under
order of Circuit Court ) on 6th June
1857 and delivered to Sheriff
Andrews 16th Feby 1861 under
order of said Circuit Court
Being 434 days at 30 per day $ 130,20
fee 75
$ 730,95
County of St Louis ss.
J Louis being duly sworn
says
that during the time in the
above account he was DeputyJailor
for R F Logan , that said account is
correctlystated
and that
the saidamount
of $ 130.95 is justly due
and owing to said
Logan for
keeping said Louis under the order
of Court during the timehe said Rob Logan
was
Jailor of St Louis County.
Sworn to before me November
30th 1864 J . Thornby Clk J.L .
R F Logan
Filed Nov 30. 1864 J . Thornby
Clk
Louis
vs
Gabriel S. Chouteau No 57. April Term
1844
of the St Louis Circuit Court
The said defendant Gabriel S. Chouteau
moves
the Court here to retax the costs in
this cause, and to disallow the following items
thereof that is to
pay.
1st The costs taxed in favor of Clerk Rice, $
4.40
for the reason that the said cause was not on the
docket
while the said Rice was Clerk.
2d. The costs taxed in favor of the several witnesses
Lariere ,
Cerre , Fontain and Marle - for the reason
that said witnesses were never summoned in this
Cause
in that of Charlotte v
Chouteau
in which cause their allowance was charged
and has
been paid
3. The costs taxed in favor of Jailor Roderman Sheriff of Malbourn for
the reason
that the services charged for were
not
incurred by the request of defendant or by
virtue
of any rightful or lawful authority
4. The costs taxed in
favor of Jailor Logan - for the
reason that
the same were not incurred at the
request of
Defendant or in pursuance of any lawful
or
rightful authority.
5. The costs taxed in favor of turnkey- for the
reason
that the same was not incurred by any rightful or
lawful authority.
And defendant files herewith an abstract
of the bill of costs.
Thos J. Gautt p.d.
Louis
v
Chouteau
Motion to
retax
costs.
Filed Dec
27th 1864H A
Clk
vs
G. S. Chouteau
Be it remembered that on the coming on
to be heard of the motion
to
retaxcosts
in
this cause, the defendant showed to the
Court here all the
orders that had been made in the
cause respecting the living of the
plaintiff and all
the motions made by either party respecting the
same
in the words & figures following. (here set them out)
and the defendant also read the following accounts
and affidavits by
Roderman R F. Logan J L Munch -
in
the words & figures following (here set them out)
and it
was shown that upon these accounts and affidavits
and no other
testimony the clerk had
taxed
the said items of $ 130 and
$ 275.40, and this
was all the testimony in the cause. The Court
overruled
the motion of plain Defendant to retax the said
costs.
And the defendant excepted thereto at the time & presented
his bill of exceptions of
it he signed&
made part of the record, which
is done.
James C
Judge
Filed Feby 4th 1865
J A H
Clk
Louis
vs
Chouteau
Motion to stay costs
overruled
This cause above
by agreement
of parties the cause of
Charlotte
agst Chouteau final
judgment
therein&& having been rendered
for the
pltff his owned adjudged
H What this
cause be rendered for pltff upon
the
issues and that the go hence
dey and that he also
of the defendant for
the damages
to him
the sum of one cent and
cents
Chas
& Richman ,
To Hon. Saml Breckenridge
Judge Circuit
Court St Louis
Having
received application for hire
of negro man Louis Chouteau from
Mrs Brethristh at one Dollar per month
Bond of
$ 500. I respectfully
request
the Bond may be so conditioned
John H Andrews Shff
Theodore Labeaume Dty
now at this daycause
now at this day cause the
by
R Gamble
101499
650222
385959
264267
5111499
660222
485955
174267
173440
823
10 3
348855
6 10 6 3
4 8 5 9 5 5
6 3
6 10
3 8 5 9 5 5
6 8
18
9321
vs
Gabriel S. Chouteau
In St Louis Circuit
Court
State of Missouri
County
of St Louis
Sct
Be it remembered,
that Edward J Castello being duly sworn
on his
oath says, that on the 6th day
of June
1857, James Castello was Sheriff
of the County of St Louis ,
& that affiant was
deputy Sheriff, that as
deputy Sheriff aforesaid
affiant executed a warrant, issued by
A.
Hamilton Judge of this Court, on the day &
year aforesaid,
& placed the negro Louis , the plaintiff in this suit, for safe
keeping in
jail on the day & year aforesaid, & on the
8th day of June 1857 affiant brought the
body of said plaintiff Louis . before Judge
Hamilton according to the
order of said warrant
on which 8th day of June
1857, said
Judge ordered the Sheriff to hire out the
plaintiff, as his right to his freedom was
not settled on the suit he
had brought for
his freedom against Gabriel S. Chouteau
that the
affiant & the there Sheriff endeavored
to hire out said
plaintiff but received no
offer on account of the bond required by
law
to be given & affiant further says that he
knows
not what had become of said order
to hire out said plaintiff, but
thinks
that said order must have been left
with the
jailor of the County of St. Louis
the said plaintiff was last
placed
in the hands of said jailor, by said
affiant
as deputy Sheriff aforesaid.
In St. Louis Circuit Court
Louis Chouteau
vs
Gabriel S. Chouteau
Affidavit of E . J . Castello
vs
Gabriel S. Chouteau
In St. Louis Circuit
Court
And now comes the said
plaintiff & moves the Court to set
aside the
judgment of non-suit rendered in this Cause,
&
reinstate the suit upon the docket, for
the following reasons -
In Because, by agreement of Counsel
of record on file in this Court in
this case
& in the cases of Pierre vs Chouteau & Charlotte
vs Chouteau , it was, among other things agreed,
that
the suit of Louis v Chouteau , should
abide by the final decision of the
Supreme
Court of Missouri on the merits of the case
of Pierre vs Chouteau or of Charlotte vs Chouteau ;
while at the same time it appears from the
records of this Court that
Pierre was removed
from the
jurisdiction of this Court, before
his case was finally determined on
its merits;
& while also it appears from the
records of
this Court, that on the
last trial of the suit
of Charlotte vs Chouteau , judgment
was rendered
for the plaintiff,
& that on appeal by the
defendant final judgment has not
yet
been rendered in said last
mentioned case
by the Supreme Court .
2d. Because, by agreement of Counsel of
record on file in this Court,
controlling this
case, together
with the record history
of the other suits of
Pierre vs Chouteau &
Charlotte vs Chouteau , the judgment of nonsuit
in this case, is palpablynull
& void, as a
manifest
clerical error.
3d Because by warrant issued by the
Judge of this Court, dated 6th June
1857
to prevent the plaintiff in this suit
from bring removed out
of the jurisdiction
of this Court, by B.M . Lynch , or other
person.
Said Lynch was summoned & the body
of plaintiff
was brought before the Judge of this
Court on the
8th day of June 1857 by the
Sheriff
of St Louis County, the said plaintiff
having been committed on the
6th day of
June 1857 by the Sheriff
to the County Jail,
for safe keeping, where said plaintiff is
now
kept by virtue of said commitment
of said
Sheriff.
4th Because from the facts in this
case, on record it is plainly
understood by
both the plaintiff & defendant, as well as
agreed by the counsel of record in the case
that this suit should
stand & abide by
the final
decision, on the merits of the
case of Charlotte vs Chouteau which is
now pending in the Supreme
Court ,
5th Because the judgment of nonsuit
must have been rendered
without the
knowledge of the attorneys of record in
the case
& without examination by
the Court of the agreement of
counsel
of record in this case
Henry Cobb
for Plff
In the St Louis Circuit Court
Nov. Term A,D, 1843
County of St Louis
Louis Chouteau complains
of Gabriel S. Chouteau , of a plea of
trespass,
For that the said defendant on the first day
of May A.D. 1843 with force & arms
& C. an
assault did make &C. to wit at the County
aforesaid
upon the said plaintiff & then & there
beat bruised & illtreated him the said
plaintiff
& then & there imprisoned him the said
plaintiff,
& detained him in prison there,
without any
reason or probable cause whatsoever, for
a long time to
wit, for the space of two
hours,
there next following, contrary, to
the
Laws of the State & against the will
of the said plaintiff,
And the said plaintiff avers that before
& at
the time of the committing of the
above grievances to wit at the
county aforesaid he the said plaintiff
was, and still is, a free person
& that
the defendant held & still holds him in
slavery,
And other wrongs to the said plaintiff then
& there did, to the great damage of the said
plaintiff, &
against the peace & dignity of the State
Wherefore, the said
plaintiff saiththat
he is injured and hath sustained
damage
to the amount of eight hundred dollars
and therefore he
his suit & C.
& Cobb
atty
for plaintiff
In the Circuit Court
Nov Term 1843
Louis Chouteau
vs
Gabriel S Chouteau
Declaration in Trespass
Damages $ 800