State of Missouri
County of St. Louis
In the Circuit Court
July Term 1825

Marguerite a free woman of Color, who is
permitted by the Court to sue by her next
friend Pierre Barribeau, as a poor person
for her freedom, by her Attornies Harris Gamble and
McGirk assigned as counsel by the court, com
plains of Pierre Chouteau of a plea
of Trespass,forthat the said Pierre , hereto
for to wit, on the first day of January, in the
year of our Lord Eighteen hundred and twenty
five, with force and arms, at the county of
St. Louis , unlawfully an assault did make in &
upon the body of the said Marguerite , and
then and there beat bruised and ill treated
her the said Marguerite , and then and there imprisoned
her the said Marguerite , and kept &
detained her in prison without any reasonable
or probable cause whatsoever, against her will
and has ever since kept and detained her in
prison, and still keeps & detains her in prison
against the will of the said Marguerite , and
contrary to the laws of the state, and other wrongs
to the said Marguerite then and there did -
against the peace of the state, Wherefore the said
Marguerite says she is greatly injured, and hath
sustained damage to the amount of five hundred
dollars, and therefore she brings her
suit.

Farris, Gamble and McGirk
Attys for plff

County of Saint Louis Ss
of Missouri To the Sheriff of said county Greetings

We command you to summon Pierre Chouteau Senior that he be and appear
before the Judge of our circuit court at the next term thereof to be held at the City of
St. Louis within and for the county of St. Louis on the fourth monday in July next
then and there to answer unto Marguerite a free woman of color who is permitted
by the court to sue by Pierre Barribeau her next friend as a poor person 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 second day of June
1825 Archibald Gamble Clerk

No 26 In the Circt Court
July Term 1825

To the Clerk
This is an action of Trespass
Assault & Battery &
false imprisonment.

Issue a summons
for Pierre Chouteau Sr

Farris, Gamble & McGirk
Attys P. Q.Filed 2nd June 1825 Archibald Gamble Clerk

Executed this writ on Pierre Chouteau StJune 14th 1825 in the City
of St. Louis , by giving the writ & declaration to him to read and his
acknowledging the service thereof.

John K. Walker Sheriff
By Jn Simonds Jr D. Shff Service $1.00

C. C. C. St Louis July term 1825

And said Pierre Chouteau by his attorney
comes and defends the force and injury when
and says as to the assaultingill treating
and imprisoning the said Marguerite as in said
declaration mentioned that the said Marguerite ought
not to have or maintain her aforesaid action thereof
against him because he says that before and at all
the time when see in said declaration mentioned to
at St Louis aforesaid the said Marguerite was a slave
in the lawfulpossession and service of said Pierre Chouteau
wherefore the said Pierre then and there detained and
still doth detain said Marguerite in his service and
possession which and and the
assaultingbeatingill treating bruising&imprisoning
the said Marguerite in said declaration mentioned
and this the same Pierre Chouteau is ready to verify
wherefore he praysjudgment if the said Marguerite
ought to have or maintain her aforesaid action
against him

Atts for Deft

plea

filed August 4 1825 A Gamble Clk

And the
said plaintiff says that the plea of the
said defendant and the matters and
things therein contained, in manner
and form as the same are therein
stated and set forth, are not good and
sufficient in law to bar or
the said plaintiff from having and
maintaining her aforesaid action
thereof against the said defendant,
and that the said plaintiff is not
bound by the law of the land to answer
the same, and this the said plaintiff
is ready to verify, wherefore for the
want of a sufficient plea in this behalf
the said plaintiff prays judgment

McGirk & Farris for pltff

to plea

filed August 22nd 1825 A Gamble Clk

And the said defendants come
and defend the force and injury when
and say that they are not guilty of the said
several supposed his trespasses any of them
in manner and form as the said Marguerite
hath above thereof complained against
them &c.

And the said Marguerite doth
the like . Gamble, McGirk
& Farris Atty's
for plff
for defts

P Chouteau Senr


Marguerite

Filed August 31st
1825
A Gamble clk

B. In the Circuit Court
of St Louis County, In
va action, before the
November Term 1825.

And the said Marguerite , by her attornies, as to
the said Plea of the said Pierre Chouteau Sr
by him first above pleaded, as to the said several
trespasses in the introductory part of that plea
mentioned, and therein attempted to be justified,
Saith, that she the said Marguerite ,
by reason of any thing by the said Pierre
in that plea alleged, ought not to be barred
from having and maintaining her aforesaid
action thereof against him the said Pierre , because she saith, that she the said Marguerite
was not, at the time of the committing of
the said several trespasses by him the said
Pierre , in her said declaration set forth, nor is she
now a slave, as the said Pierre in his said
Plea hath above alleged, but that she the
said Marguerite was at the time of the committing
of the said several trespasses, by the
said Pierre , in her said declaration above
set forth, and is now a free person by and
according to the usages, customs and laws of the
land, and ought not to be held and detained
as a slave in the possession and service of
the said Pierre , nor of any other person by or under
whom the said Pierre may claim, and this
she the said Marguerite prays may be enquired
of by the County .

Gamble, McGirk &
Farris, Attys for plff

Repli
cation

Farris Gamble &
McGirk , Attys for
plff

filed Oct 31st 1825 A Gamble
clk

Margaritte Hortiz a witness in
this case, claims 13 days attendance, $ 6.50
miles travel, at five cents per mile,

The above named Margaritte Hortiz being sworn, says, that he was summoned in the
above case, on the part of the Defendant, and attended 13 days at the March term, 1827; and that he has to travel the number of miles above charged, in attending Court; and that he has not claimed attendance as witness in any other case during the same time.

Sworn to and subscribed, before me, 11th
day of April 1827. Archibald Gamble Clerk. MargaritteHortiz
his mark

March Term 1827

Margartt Hortiz $6.50

Motion for newTrialfor
following reasons

1 Verdictagainstevidence

2 Against Law

3 That Judgeerred in leaving the matter
of law to be informed or decided by
the Jury

4 That Juryfounded their verdict upon
the supposedemancipation of the
plaintiff and not upon any original
right to freedom as derived from either
her maternalorpaternalancestor

5 The court erred in giving the instructions
prayed for by the plaintiff to the jury

- Bates
& Geyer for deft

Reasons filed for
new trial Dec.
11th 1826

A G Clk