To the Hon. Luke E . Lawless , Judge of the Circuit
Court of the County of St. Louis in the State of Missouri .

Diana Cephas , your petitioner, a woman
of color of the African race, aged about Thirty five
years, respectfully represents to your honor, that
she is held in slavery by one James Scott of the
City and County of St. Louis in said State, and
deprived of her just and legal rights, liberty and
freedom, by the said Scott , who holds and claims
the possession and of your petitioner, under
an agreement of hire one Murray McConnell
of Jacksonville in the state of Illinois , who
pretends to be the legal owner of your petitioner-
That your petitioner believes that she is entitled
to her freedom on the following grounds and reasons.
Your petitioner was born a slave on the
Eastern shore of the state of Maryland , in which
state she continued to reside until the
spring of the year eighteen hundred & thirty nine
when she was brought to the Western Country
bordering on the Mississippi river by her master one Mark Delaha - that on or
about the first of June eighteen hundred
and thirty nine, the said Delaha with his
wife, moved to the town of Naples on the Illinois
river in the state of Illinois , and took your
petitioner with them - that the said Delaha made the said town of Naples his permanent
place of abode, and then hired her your petitioner out to labor
and received the rewards of her labor, holding
your petitioner in involuntary servitude -
that in the month of August in that year
the wife of said Delaha died at Naples and in the month of February last, the said
Delaha departed from Naples & went to reside
as petitioner believes, some where in the Southern
county - that in the same month of February last
the said Murray McConnell presenting to be the
owner of your petitioner, forcibly and against her
will took your petitioner on board of a
steam boat and conveyed her to the City of St. Louis
in the State of Missouri ,, where she has been
living since, and is now in the custody of the
said James Scott . Your petitioner
these state of facts is advised and believes
that she is entitled to her freedom, and
being poor, prays your honor to grant her
leave to sue as a poor person in the said Circuit
Court for her freedom, against the said
James Scott or any other person or persons, claiming
pretending to claim you petitioner as a
slave, and she will ever pray &c

F . B . Murdoch Diana Cephas X her mark

State of Missouri

St. Louis County p. Before the subscribed a
Justice of the Peace in and for the County aforesaid
came Diana Cephas , who being duly sworn
says that the facts set forth in the forgoing
petition are just & true

Sworn to & subscribed the tenth day of October 1840Justice
of the Peace
Diana Cephas X her mark

I Luke E . Lawless Judge of the Circuit Court of the
County of St. Louis in the State of Missouri , to whom
the forgoing petition of Diana Cephas has been
presented, believing that the same, contains
sufficient matter, to authorise the commencement
of a suit for her freedom against James
Scott , do make the following order.

First - That the said Diana Cephas
be allowed to sue out of the Circuit Court
of St. Louis County, as a poor person to
establish her right to freedom, a a summons
in trespass vi et armis, against James Scott ,
and I do assign to the said Diana Cephas
as her counsel, Messrs Risque, Murdoch & King.

Second I do order that the said
Diana Cephas have reasonable liberty
to attend her counsel and the Court, as
occasion may require; that she be not
removed out of the jurisdiction of the Court,
and that she be not subject to any severity
on account of her application for freedom.

L E Lawless

Petition of
Diana Cephas

for leave to sue as a poor
person for her freedom

In the Circuit Court of St. Louis
County - November Term 1840 State of Missouri
St. Louis County ss.

Diana Cephas a woman of color, complains
of James Scott of a plea of trespass, for that the
said James Scott on the first day of October - in the
year of our Lord One thousand Eight hundred and
fifty at St. Louis , to wit, at the County aforesaid
with force and arms assaulted the said Diana
Cephas , and her the said Diana Cephas then
and there took and imprisoned, and restrained her
of her liberty, and her the said Diana Cephas
held in servitude from the said first day of October
until the twelfth day of the same month
of October, without any reasonable or probable
Cause, against the law of the land and against
the will of her the said Diana Cephas , and other
wrongs and injuries against the said Diana
Cephas then and then did - And she the said
Diana Cephas avers and declares that she the said
Diana before and at the time of the Committing of
the said grievances, was and still is a free person
and that the defendant, the said James Scott ,
held and still holds her, the said Diana in
slavery, against the peace &c. and to the great
damage of the said Diana Cephas and therefore
she brings this suit &c.

Risque, Murdoch & KingAttys for Plff.

St. Louis Circuit Court
November Term 1840

suit
for
freedom

Narr.. in Trespass

The Clerk will issue summons, &c
Risque Murdoch & King
p.

Risque Murdock & King

County of St. Louis , ss.The State Of Missouri ,To the Sheriff of St. Louis County-Greeting:

We command you to Summon James Scott 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 November next, then and there to answer unto Diana Cephas
a woman of color of a plea of trespass 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 Twelth day of
October in the year of our Lord eighteen
hundred and forty John 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 L.S.

No 234
St. Louis Circuit Court
November Term 1840

Summons

Suit for freedom
Risque Murdoch & King for p

Filed October 12 1840
John Ruland clerk Free

James Scott not found in my
County

M. Brotherton Sheriffnon est .50

County of St. Louis , ss.The State of Missouri ,To the Sheriff of St. Louis County-Greeting:

We command you toas we have before commanded
you, that you summon James Scott ,
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 July next, then and there to answer unto Diana
Cephas (a woman of color) of a
plea of trespass
to the great 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 ninth day of
March in the year of our Lord eighteen
hundred and forty one. 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 L.S.

Bk 13 p 212 verdict for plff 14 p 179rept 18/43

No 5
St. Louis Circuit Court
July Term 1841

alias sumd
Murray McConnell

Suit for freedom
Great damage
Risque, Murdoch & King

Filed 9 March 1841

Jn Ruland Clk Free

James Scott not found
in my County

Marshall Brotherton
Sheriffnon est 50 cts

In the St Louis Circuit Court
No. 5July Term 1841.

It is agreed between A King
attorney for Plaintiff and M. Leslie
for Murray McConnell . claiming the above
named Diana as his slave: that the
declaration and summons in the above cause
be so amended as to substitute said
McConnell as defendant for whom
said Leslie now appears as Counsel

It is further agreed that the cases
of Jonah Cephas by his next friend vs
Scott & McConnell no 351Nov T. 1840 and the above case
shall be tried together and that the depositions
on both sides now on file in the case of Jonah Cephas, (barring exceptions to irrelevant matter)
shall be had in both cases

Leslie
A King

In the St Louis Circuit Court
No 5. July Term 1841

Agreement of Counsel

FiledOctober 12 1841

Jn Ruland Clerk

County of St. Louis , ss.The State of Missouri ,To Mrs Collins , wife of Charles Collins, JnY.

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 seventh day of
January 1842 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 Diana Cephas is
plaintiff and James Scott is
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 7th day of January in the year of our Lord one thousand eight hundred and
forty two. Jn. Ruland Clerk; C.C.

Subp

Mrs Collins Wife of C. Collins Jna Y.

To appear 11 Jany

Executed

m. Brotherton
Sheriff Fee 1.00

County of St. Louis , ss.The State 0f Missouri ,To B. Whitelaw at W J Austins auction room. William Scott ; auctioneer, Charles
Scott. 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 15th day of September
1843 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 Diana Cephas is plaintiff and Murray McConnell is
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 13 day of Sept. in the year of our Lord one thousand eight hundred and
forty three. John Ruland Clerk C.C.

Subp for

John B . Whitelaw
at Austins auction
room
Wm Scott

This subpserved
on Whitelaw & Scott
by F B . Murdoch
the 13 Sept '43

This writ was served by plaintiff's
Attorney, on the 13th day of Sept
1843 in the county of St Louis

Executed the 15th Sept
1843

Wm Milburn Shff By Danl Murphy Dpty fees $1.00

St Louis Circuit
Court
April Term 1843

And now at this day come said defendants
by their attorney moves the Court for a
new trial for following reasons

1.Beacuse said finding by said jury is against
evidence

2.Because it is against the might of evidence

3.Because it is against law

4.Because the Court refused the
instruction sought by Defts

5.Because the jury found against the instruction
of the Court

M. Leslie

St. Louis Circuit Court
April Term 1843

Diana (woman of
colour

vs

Wm Scott & Murray
McConnell

Motion & reason for new trial

Filed Sept. 18. 1843

J Ruland Clk

The Court is requested to instruct the Jury
that if they find from the evidence that
a Justice of the Peace in the State of
Illinois has passed upon and decided that
the Plaintiff was a fugitive slave from the
state of Missouri by regular and legal
proceedings instituted before said Justice in
accordance with the act of Congress
in relation to fugitive slaves that such
decission is conclusive upon the question
of slavery and they will find for the
Defendant.

Esquire

Refused

1. If the jury should be of opinion, that Diana
was kept in Illinois to labor with the knowledge
and consent of C. Collins , she is entitled to freedom.

2. That is a slave escapes into a free state, and
from the service of her master and there resides against
the knowledge & consent of her master,
that such a residence will not

3. That if the Jury find from the evidence that Diana was taken to Illinois , and
there held to labor, with the knowledge and consent
of Collins , she entitled to freedom.

-....

In the Saint Louis
Circuit Court April
T 1843

The Court is requested to instruct the jury that the
knowledge on the part of Collins that the slave
in question was in the state of Illinois un
accompanied with evidence that the said slave was
there by the consent of Collins is not sufficient
to entitle the plaintiff to her freedom.

given

Suit for Freedom

We the jury find the defendant
guilty of the Trespass & false imprisonment in
manner & form as the said plaintiff has
alleged against him. Austin Piggott foreman