No 75Court of Common Pleas
August Term 1841

Transferred from St Louis
Circuit Court to Court
of Common pleas on
Change —

Fees of Jn Ruland Clk$4:78Fees of M . Brotherton Sheff1:30$ 6:08

Filed 10th May 1841 Jn Ruland Clerk

Cont as on affidt of deft: Bk 1 p 379 jury sworn a
contBK p 88 judgt for plff May 6/4Bk 3 p 43

State of Missouri County of St Louis .Sct.

Be it Remembered that heretofore to wit on the
eightteenth day May eighteen hundred and forty
was filed in the Office of the clerk of the
Circuit Court within and for said County a
petition which is in the words and figures
following to wit. To the Honorable Luke
Lawless- Judge of the Circuit Court of St .
Louis county- In the State of Missouri
Petition The petition of negro Charles respectfully
represents that he is held in slavery by
Peter Verhagen of the City of St Louis in
the State of Missouri : your Petitioner
begs leave to State, that sometime in the
year of our Lord eighteen hundred and
thirty seven (he thinks in February or March
of that year, he was ordered directed
and sent into the State of Illinois by a
certain Joseph who at that time
claimed him, your Petitioner as his slave
& exercised the power of ownership over
him your Petitioner for the purpose of doing
work in and about the house then
fitting up for a ; that your Petitioner
did go into that State for the
purpose aforesaid and there remained
for the space of Ten or twelve days
during which time he (your Petitioner)
was engaged in white washing the House
in painting and plastering; that he (your
Petitioner afterwards returned into this
State & has remained as he was before

in the servitude and as the slave of the
said Joseph , them a
few days past, when the said Joseph
having left this city, he your petitioner
has been in the Servitude and acting as the
slave of the said Peter Verhagen
Your petitioner believes that the laws of the
land do therfore entitle him to freedom. To those
laws he here makes his appeal, and prays
that your Honor will grant him leave
to sue as a poor person, in order to establish
his right to freedom; and that Tristen
Polk and C. C. Carroll Esqrs may be assigned
as his counsel; and that he may have
reasonable liberty to attend his counsel
& thus Honorable Court, as occassion may
require; that he be not removed out of
the Jurisdiction of this Court & that he be
not subject to any severity on account
of his application for freedom, may it
please your Honor to grant him orders
to that effect- And as in duty
he will ever pray & - Negro Charles -
May 16th 1840.orderd “ Upon which said petition
is endorsed the following order- order
May 16th 1840 ordered: That negro Charles
be allowed to sue as a poor person to establish
his right to freedom: & that Trusten Polk
& C.C. Carroll be assigned him as counsel
also, that said Charles have reasonable
liberty to attend his counsel & this
court as occassion may require; & that he be
not removed out of the Jurisdiction of this
court & that he be not subject to any severity on
account of his application for freedom L. E. Lawless

And afterwards to wit at the March
term of said court for the year eighteen hundred
and forty on the Sixteenth day of
the following no readings were had
in said cause to wit - Charles a negro
- vs - Peter Verhagen Petition of Freedom order” Now at this day comes the said plaintiff and order
files his petition and thereupon it is ordered
by the court. that said plaintiff be allowed
to sue as a poor person to establish his right
to freedom and that Polk and C C Carroll
be assigned him as counsel also that said
charles have reasonable liberty to attend
his Counsel and this court as occasion may
require and that he be not removed out
of the juris diction of this court and that
he be not subject to any severty on account
of his application for freedom -
“On the day and at the term for the year
last aforesaid was filed a declaration
which is in the words and figures following
to wit State of Missouri - County of St Louis Sc.
In the St Louis Circuit Court July Term 1840. Charles
a man of color, the plaintiff in this action by
his allorneys T. Polk & complains
of Peter Verhagen the defendant of a plea
of trespass for that the said defendant
on the first day of may eighteen hundred
and forty at the said county of St Louis
with force and arms, made an assault upon
him the said plaintiff to wit at the County
aforesaid and then and there beat, bruised
and ill treated him the said plaintiff and

then and there imprisoned him the said
plaintiff and kept and detained him in
prison there, without any reasonable or
probable cause whatsoever for a long time
to wit for the space of Twenty days then next
following contray to the laws and customs
of this state and against the will of the
plaintiff and the said plaintiff that
before & at that time of committing the aforesaid
greivances he was & still is a free
person and that the said defendant held
and detained him, and still holds and
detains him in slavery against law & right
and against the will of the plaintiff to wit
at the county aforesaid; and other wrong &
to the said plaintiff then and there did
to the great damage of the said plaintiff
and against the peace and dignity of the
State. wherefore the said plaintiff saith that
he is injured & hath sustained damage
to the amount of five hundred dollars &
therefore he brings this suit C.C. Carroll
T. Polk for plaintiff - upon which said
Petition and declaration the Clerk of said
Court Issued a summons which is
the words and figures following to wit
County of St Louis Ss. The State of Missouri
To the Sheriff of St Louis county - greeting Summons
We command you to summon Peter Verhagen Summons
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 Charles a man of
color of a plea of trespass to the damage
of said plaintiff of Five 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 eighteenth
day of May in the year of our
Lord eighteen hundred and forty- John Ruland
Clerk. - Return Upon which said writ the Sheriff
endorsed his return in the word and figures
following to wit “ Executed this writ in the
county of St Louis on the 19th day of May
1840 by offering to read it and the petition
& declaration and also the order of the
Honorable Judge to Peter Verhagen the
within named defendant all of which
he said defendant refused to hear-
Marshall Brotherton Shff By Joseph C.
Brown D.Pty.Plea filed and afterwards
to wit at the July term for the year last aforesaid
on the twentieth day of said month the
following proceeding were had in said cause to wit Plea filed
Charles a man of color = vs = Peter Verhagen =
Plea Filed= which plea is in the words and
figures following to wit - Peter Verhagen ads Charles Plea
a men of color No 209 In the St Louis Circuit
Court July Tern 1840. And the said defendant
by his attorney, comes and defends the the force
and injury when & C and says that he is not
guilty of the said supposed trespass above
said to his charge or any or either of them
in manner & form as the said plaintiff hath

in his said declaration alleged and of
this he the said defendant puts himself upon
the County & C- Primm p.d. Change of
And the said plaintiff does the like P-G.
And afterwards to wit at the March
Term of said court for the year eighteen
hundred and forty Oneon the twenty sixth
day of April the following proceedings were
had in said cause to wit Charles a man of
color= vs = Peter Verhagen - Freedom= The Judge
of this court having given an opinion whilst
at the bar in this case it is ordered that the
venue of this cause be changed to the St Louis
court of Common pleas. and that the Clerk of
this court make out a full transcript of the
record and proceedings in the cause. and
transmit the same duly certified together with
all the original papers filed in the cause and not
forming a part of the record to the clerk of the
said court of common pleas. —

State of Missouri
County of St Louis ss.

I John Ruland clerk
of the circuit court within and for said County
certify the foregoing to be a true full and
correct transcript of the proceedings in
the case of Charles a man of color= vs =
Peter Verhagen as the same remains
on file and of record in my Office

In testimony Whereof I
have hereunto set my hand and affixed
the seal of said court at office
in the city of St Louis this sixth day of May
Eighteen hundred and forty one Jn. Ruland Clerk

Venue Changed to Court
of Com Pleas The judge
having of counsel in
the cause

C.C Carroll & T . Polk