To the Honourable the Judge of the Circuit Court
within & for the county of St Louis

The petition of Marianne a person of color
by Lydia her next friend represents.

That Lydia Titus the mother of your
petitioner was formerly thed slave of one
Elisha Mitchel now deceased, that said
Mitchel removed to the North court
of the Ohio now state of Illinois , and remained
there, holding said Lydia there as a slave
on the year 1807 or about that time — That
after the death of said Mitchel , his
Lenny Mitchel administered on his estate
and said Lydia brought suit against
said Administration, in the general court
of the territory of Illinois , in the year 1809 and
that said Lydia was by the said court in said suitadjudged to the plea — that
your petitioner was born of said Lydia
after said judgment. And since her
death has resided with her said mother
and her brothers & sisters in the territory
Illinois in the in
judgment of het liberty until within a
few days, when she was arrested and
imprisoned by one Alexander P Fields
and Elijah Mitchel and brought to the
city of St. Louis there she is now held im
prisoned and detained as a slave by
said Fields & Mitchele

who threaten and intend to remove
her immediately out of this state and
hold or sell her as a slave and that
unless, said Fields is prevented by the order
of your honor he willnot allow your petitioner
to remain in this state & prosecute her claim
to freedom — your petitioner therefore prays
that she may be allowed to sue as a
poor person and that such order may
be proceedings had in the
premises, as shall be according to law
and justice

Marianne by Lydia
her next friend

This day personally appears Nathan Cole
and makes oath that the petitioner is entitled
to her freedeom as stated on the petition and
that this officiantverily believes that said
Fields Mitchel & others are about to remove her
out of this state with intent to hold her
in slavery and to prevent her prosecuting
her claim to freedom

Nathan Cook

County of St Louis Sct

Upon the facts stated in the fore
going petition & affordant. It as ordered that
the petitioner Marianne be permitted to sue
as a poor person to establish her right
to freedom and Henry &
is assigned as counsel for said petitioner

And I & do further order adjudge and direct
that the petitioner have reasonable liberty to
attend her counsell and the court when
occasion may require and that the petitioner
shall not the taken or removed out of the
jurisdiction of the Circuit Court of St. Louis County
nor be subject to any severity on account
of her application for freedom

Given under my hand at my chamber
this 23, May 1832 Will C. Carr

In Jefferson St. Louis the Circuit court
July Term 1832

County of St. Louis fit
Mary Ann a person of color by law of the
court here permitted to sue as a poor person by her next friend beingassigned as her
counsel complains of Alexander P Fields & Elijah Mitchel of a plea of trespass assault & Battery & false imprisonment
for that the said defendantsheretoforetowit
on the TwentySecond day of May in the year
of our lord eighteen hundred & thirty two
Made an assault upon the said Mary Ann to wit
at the County aforesaid & then & there beatbruised
wounded & ill treated her the said Mary Ann
& there falsely imprisoned her & kept & detained
in prison & still keeps & detains her in prison as a slave without any reasonable or
probable cause whatsoever contrary to the law of the land & against the will of the
plaintiff and the plaintiff avers that before
& at the time of the said several grievances
she was & still is a free person & the
said defendantheld & detained & still holds
& detains her in slavery contrary to the law
of the land to wit at the county aforesaid
& other wrongs to the said plaintiff then & there
did to the damage of the said plaintiff
of five hundred dollars & of therefore she
suesto

Guyor atty for Plf

No Cir Court
July 1832

Marianne
vs
Fields & Mitchell
is
60copy of order
.

Filed May 23rd 1832 A Gamble Clk

I served this writ on Alexander J. Fields on the 24th day of May 1832 by offering to read it & the acclamation to him which he refused to hear read - and also the copy of the order of the
judge permitting the plaintiff to sue
on Elijah Mitchell aliasHinny G. Mitchell on the 26th day of same Month in the City of St Louis
by offering to read to him the writ and acclamation
& order of the judge which he refused to hear read

John K. Walker service$ 200

Country of St Louis
The State of the Missouri To the Sheriff of St Louis Country Greeting

We command you to summon Alexander P .
Fields and Elijah Mitchel that they be and appear before
the judge of our Circuit Court at the next term thereof to
he 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 unto And a person of
color permitted to sue as a poor person by Henry S
Geyer her next friend of a plea of trespassassault & Battery and
false imprisonment to the damage of said plain
tiff of five hundred dollars And have you then
there this writ

Witness Archibald Gamble Clerk of
our said court at office on this 23th day of
May in the year 1832 Archibald Gamble Clerk

County of St Louis Sct

Upon the facts stated in the foregoing petition
& affidavit, it is ordered that the petitioner Marianne
be permitted to sue as a poor person to establish her
right to freedom and Henry S Geyer is assigned
as counsel for said petitioner. And I on further
order adjudge and that the petitioner have
reasonable liberty to attend her counsel and the
Court where occasion may require, and that the
petitioner shall not be taken or removed out of
the jurisdiction of the Circuit Court of St Louis County
nor besubjected to any severity on account of her
application for freedom. Given under my hand
at my chambers this 23rd May 1832. Will C Carr
A true copy of the Judges order

Archibald Gamble Clerk to

Executed on E.
H.G. Mitchell on
the 26: by reading

No51July Term 1832

Mary Ann by
HS Goyer her next friend
vs
Alex P. Fields & Elijah Mitchel

This is an action of
trespass assault & Battery
& false imprisonment

Geyer for
Filed May 23rd 1832 A Gamble Clk

By the Habeas Corpus act
The State of Missouri To George Hammond Esq. Greetings

You are hereby commanded that the body
of Marianna a person of color who has been permitted
to sue for her freedom in your custody
(as is said) detained, under safe and secure
conduct, together with the day and cause of the
capture & detainer, by whatsoever name she
may be called you have before the Circuit
Court for the County of St Louis
on the 30th day of May 1832. at the
Court house in the county of St Louis , then & there
to do submit to & receive whatsoever
shall be considered on that behalf

Witness William C Carr Judge of
the 3d Judicial Circuit of the
State of Missouri this 26 day of
May 1832. Will C. Carr

I have the body of the within named Marianne
before said Court as within commanded she was
on the 26th taken out of the possession
of H.C. Russell and Henry G. Mitchell
against
whom a warrant had issued for kidnapping
the said Mitchell was arrested by the name of
Martin Mitchell the said Marianne was put in
the gaol of Jefferson County , for safe keeping
and has been by me detained for me other
purpose but her personal safety,

May 30th 1832G

Marianne

By the HabeasCorpus acts

State of Missouri
County of St Louis sct

Be it remembered that on this 30th
day of May 1832- Marianne a person of color
who upon her petition in that behalf was
permitted to sue for her freedom, was brought
before me Judge of the Circuit Court for the 3d Judicial Circuit of the State of Missouri , in to a writ of Habeas
Corpus by me issued according to the of
the in such case made and provided,
and the persons in whose possessions said
Marianne was found by their agent here
to enter into a recognizance as by
law required in that behalf- I do hereby
order and direct that the Sheriff of St Louis
county to take of said Marianne
and here her out from time to time during
the of the suit of the petitioner on this
behalf and that the said Sheriff take bond
in the penalty of six hundred dollars
from the person being the petitioner withsuch
security as said Sheriff shall
that the said Marianne shall at all times
during the presiding of this suit have reasonable
liberty of attending his counsel and the court and that she shall
not be removed out of the Jurisdiction of the circuit
court of Illinois county, that she shall not be subjected
to any severity because of her application for freedom
that the person so being the said Marianne will pay the
to said sheriff at the time and return
the saidMarianna at the end of the time for
which she is on of the said actions shall
soon be determined-

Given under my hand at the day
& year first aforesaid Will . C. Carr

No 51 St Louis Circuit Court
July Term 1832.

Mary Ann
vs
Alex. P.Field
& Elijah Mitchell

suit for freedom
order for
out

Petition order to sue declaration
writ- order to hereout

The plaintiff in the above cases and
their allowancesHTGeyer& G A Bird will take notice
that we will on the 28th at the house of
Scott in the County of Madison and place of Illinois
between the hours of 8 o clock in the morning and six
o clock in the evening of said day proved to take depositions
to be read as evidence on the above cases
on part of the defendants; - and also that we will
on Tuesday the 31st day of Julynext at the house of
William Evert in County and State of
Illinois between the hours of 8 o clock in the morning
and six o clock in the evening of said day proved
to take depositions to be read in
in the above cases on part of the defendants
and to be continued from day to day until completed

St Louis 23rd July 1832 Henry G Mitchell Henry C Martin Mitchell By JWForemen
atty

Served this notice on HSGuyer
and Gustavus A Bird on the 24th
July 1832 by delivering to them a
true copy in the city of

St Louis

K. Walker Service $1.00 paid by defendants.

Marianne & c
vs

Mitchell & c

And the saw
defendants by their attorney come and defend
the force and injury when & c and say they are
not guilty of the grievances above in said
declaration laid to there charge in manner and
form as the said plaintiff hath above alledged
and of this they put themselves upon the
Country & c

Foreman
attyFiled 26th July 1832Archbald gamble Clerk

No 51 Saint Louis Circuit Court
July Term 1832

Mary Ann
vs
Alexander P Field &
Elijah Mitchell

Plea not guilty
Foreman

attyFiled 26th July 1832 Archibald Gamble Clerk

forplff $ 250 - Book 6 - page 490

Marianne & others
vs
Fields & Mitchel

Solomon Shook
Wm Everett
Damil Winn
Kitty Everett
for defds

2nd Sept
Said 20

To the Clerk of the Circuit Court for
St. Louis County in the City of St .
Louis State

Marianne
vs
Alexander P Fields E. Mitchel

Deposition for
the defendants

vs

Nothen
vs

Mahala
vs
Martin Mitchell

Filed and opened
on 24th October 1832 Archibald Gamble Clerk

Depositions of Witneses produced sworn & examined
at the house of William Everett in the County of
Monroe & state of Illinois before me me Thomas Mc
Roberts an acting Justice of the peace for the
County & state afforesaid in a certain cause now
depending in the St. Louis Circuit Court State of
Missouri & County of St. Louis between Marianne
& & Nathan & Mahalia people of Color plantiffs
& Alexander P Fields Elijah Mitchell & Martin Mitchell
defendants on the part of the defendants Solomon
Shook. William Everett . Danill Winn. & Kitty
Everett witneses all of lawful age being produced
& examined deposeth & sayeth that in the month of
December in the year of our Lord eighteen hundred &
eight that Elisha Mitchell deceased was removing his
negroes from the state of Kenturcky to the Territory of
Missouri & that said Mitchell was providentialy detained
between one & two months in the County of St Clare
& Territory of Illinois by sickness & the running
of the ice in the Mississippi river with his negroes
Named Bob Lyce Hester Matilda & Tina & that the
said Mitchell had no intention of freeing said negroes
& and that the said Mitchell did remove said Negroes
from said Territory of Illinois unto the Territory of
Missouri in then sixty days from the time of
his stopping in Illinois & that said Mitchell did
not purchais any lands or rentany lands in the said
Territory of Illinois or subject said negroes to
freedom in any way whatever & the said defendants
further says that the said Mitchell departed this life
a short time after removing
to the Territory of Missouri & that the said Negroes fled
unlawfuly of then to the Territory of Illinois without
the knowledge of the said Mitchells executors administrators
or assigns or agentsto lawfuly acting

under him In testimony whereof the undersigned do set our hands & seals this
31st day of July in the year of our Lord
one thousand eight hundred & thirty two between
the hours of eight o clock in the forenoon & six o clock in the afternoon said day

markSollomon Shook his mark Daniel his
markKittyEvrett her
mark

I Thomas Mc Roberts an acting Justice of the
peace for the County of Monroe & State of Illinois
as hereby that Sollomon Shook William
EvrettDanielWinn & Kitty Everett was by me
sworn to testify the whole truth of their knowledge
touching the matter in controversy in the Cause
afforesaid those deponants was examined & their
examination reduced to writing & subscribed
by said deponants in my presence on the 31st
day of July in the year eighteen hundred & thirty
two between the hours of eight o clock the forenoon
& six o clock of the afternoon said day at the house of
William Everett in the county & state afforesaid

Given & Certified this thirty first day of July
A D 1832Thomas M Roberts

I Thomas Mc Roberts an acting Justice of the
peace for the County of Monroe & state of Illinois
as that in persuance of the within notice came
before me at the house of William Everett in the
County & state afforesaid Sallomon Shook William
Everett Daniel & Kitty Everett who
by me sworn & examined & sutch examination
reduced to writing & subscribed by them respectively
in my presence & there said depositions are now
hearwith returned given under my hand & seal
in the County & State afforesaid at the house of
William Everett this thirty first day of July
in the year eighteen hundred & thirty two

Thomas M Roberts

State of Illinois
Monroe County

I the undersigned Clerk of the County
Commissioners Court of said County do hereby certify
that Thomas W Robert Esq. whose Name appears
to the above certificate was at the time of the
date thereof an acting Justice of the peace in
and for the County and State aforesaid duly
commissioned and sworn & due faith and orders
of right ought to be given to all his
Official acts as such

In Witness whereof I have hereunto
set my hand & private seal there being
as yet no official seal provided at
Waterloo this 11th day of August in
the year of our Lord One Thousand eight
hundred & Thirty Two Daniel Clk C.C.M.C.

Filed & opened 24th October
1832

Archibald Gamble
Clerk

Marianne
vs
AP Fields & E Mitchell

Sam Nathan

Mahalia
vs
Martin Mitchel

Soloman Shook
WmEverett
DanielWinn
Kitty Everett

for defts

The plaintiff to the of Solomon
Shook William Everett Daniel &
offered to be read on the above causes because the
no legal notice has been given of the time & place
of taking because they were not taken in any of
said - 3d - because they are not duly
certified because they are not duly
authenticated

G A Bird atty for
plffs

Marianne & others
vs
& Mitchel
Exception to defts Depositions

Filed 23rd March 1833 Archibald Gamble Clerk

County Of St. Louis --Sct.
State of Missouri ,To the Sheriff of St. Louis County--Greeting.

Your are hereby commanded to summon nNathanCole William
H. Hopkins that setting aside all manner of excuse and delay, he be and appear in proper person before the
Judge of our Circuit Court , on the second day of May
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 Mary Ann
is plaintiff, and Alex
& Elijah Mitchell is defendant, on the part of the plaintiff
and have you then there this writ.

Witness: Archibald Gamble , Clerk of our said Circuit Court , at the City of
St. Louis , this first day of May
in the year of our Lord one thousand eight hundred and thirty- Three A. Gamble Clerk C. C.

Mary Ann
vs
Alex P Fields &
Elijah Mitchel

H . Hopkins
Nathan Cole 2nd of May
for plff the

Executed on W H. Hopkins
on the 2nd May on
on 3rd day in St Louis

Jno K. Walker
service $ 1.00

County Of St. Louis --Sct.
State of Missouri ,To the Sheriff of St. Louis County-- Greeting.

You are hereby commanded to summon Stephen W .Forman &
Elijah Curtis
that setting aside all manner of excuse and delay, he be and appear in proper person before the
Judge of our Circuit Court , on this present day of May for
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 Mary Ann is
plaintiff, and Alexander P . Fields &
Elijah Mitchel are defendants, on the part of the plaintiff
and have then there this writ.

Witness: Archibald Gamble , Clerk of our said Circuit Court , at the City of
St. Louis , this second day of May
in the year of our Lord one thousand eight hundred and thirty. three A Gamble Clerk C.C.

Mary Ann &
vs

Fields & Mitchell

F. W. Foreman 2 3
forthwith for
plff-

Served this writ on Wm H .
Hopkins on the 2nd May & on
Elijah Curtis on 3rd May - in
the city of St. Louis

Jno K Walker
ShffService $ 1.00

County Of St. Louis --Sct.
State of Missouri ,To the Sheriff of St. Louis County--Greeting.

You are hereby commanded to summon George Swagert & Chris
Haldman
that setting aside all manner of excuse and delay, he be and appear in proper person before the
Judge of our Circuit Court , on this present day offorthwith
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 Mary Anns is
plaintiff, and Alexander P . Fields &
Elijah Mitchel are defendant s, on the part of the plaintiff
and have you then there this writ.

Witness: Archibald Gamble , Clerk of our said Circuit Court , at the City of
St. Louis , this third day of May
in the year of our Lord one thousand eight hundred and thirty- three A Gamble Clerk C.C.

Mary Ann
vs
Fields & Mitchel

on part of plff
sue for

George Swagert & Christopher HoldmanH probably lives at
Berry
1 forthwith

George Swagert & Christopher Holdman
not found in my

John K Walker
shff 2 nought 25 cts 1,10,00

It is agreed between the parties in the slave named suits
that if the verdict & Judgement shall be for the plaintiff
in the suit of the slave named Mary Ann against
Alexander P Fields & Elijah Mitchel nowon trespass against the
Defendants or of them. There the other suit
above named are to be submitted to the Court
& the plaintiff in each suit is to have such Damages
& such Judgement in his behalf as shall be
& rendered in said suit of Mary Ann & of
verdict & Judgment shall be for the Defendant
in the above suit of Mary Ann this Judgement
is to be rendered for the Defendant an defendants
in each of the above named suits.

and this agreement shall be by
the permission of the Court upon the
records of the Court & made part of the record
May 3rd 1833

Bird & Strathusattns
for playntiffsand said Vivia F W Foreman
Atty for Dffts

the hereby conduct that in the above suits in favor of
Anson & Michael that Judgement shall be rendered
for the Plaintiff for Damages only

G A Bird & GeorgeStrathusattns for
said Anson & Michael

Mary Anns

Matilda
Anson

Micheal
Vivia

Suing for freedom
Agreement of Counsel

filed May 4th 1833 A Gamble Clk

The defendant asks the Court to instruct the
jury that negroes residingin the State of Illinois
without the consent of theirownersgives them
no right to freedom. given

2d That if the jury are satisfyed that is the
Slave of Mitchell and the plaintiff is her child
they must find for the defendants. given

3 That if the jury are satisfyed Mitchell the owner
of had no intention of setteling in Illinois
the fact of his passing through that State to the
State of Missouri does not give the negroes
any claim to freedom. given

4th That if the jury are satisfyed is a slave

all her children follow her condition notwith
standing their birth and residencein Illinois
(given)

5 That the weight of evidence is in favor of
the defendant. (refused)

/ Plff proves by that she
was born & raised in a free State has
acted & beenrespected as a free person
The presumptions arising from this fact

2 That plaintiffs mother by suit against Elisha
Mitchels administrations & in 1809recovered
her freedom if this record is notconclusion it is
at least Evidence of the facts stated in it
presumptions arising from the facts stated in the
record

3- The record of the suit in 1825 againt Elisha
Mitchel presumptions arising from the facts Stated
therein

4- The Deposition of Badgely & those for defendant
contrasted & the in
the Statements of Badgely -

5- Ilias Fields actingmerely as the attorney of the
of Elisha Mitchel or was he anactive
agent & principalin removing the plaintiff
from her native State: in trespass all are
principals & the man whostands by & aids
& encourages in an act of trespass is as much
a principal as the onewho strikes the blow to
Fields was armed, drew his arms - had Cole
arrested - & of & to
her & declared himself the person responsible
for the act of removing plff & others

6- What Damages ought the Plaintiff to have

IliasFieldsactingmerely as attorney or was he
one of the principals in trespass -- he was armed
he said he was the responsible person he fellfoul of
dyd&threatened to her. he arrested the
Colewho was about to pursue the negroes&remove
them from the kidnappers to prevent his doing so
finding that he could not do so under the cover
of legal processheturnedBully & induced
by threats against his life to dissuade him
from his trespass

We the Jury find for Plaintiff
and ascep Damage at $ 250.00

Saml Daniel
foreman

Longdon

Lance

Lance

Lance

262.726

262.726

262.726

We the Jury