359 St. Louis Court Com: Pleas
February Term 1842

Charles a man of color
vs
Belina Christy

Transcript on change of venue

Fees of John Ruland clk $8:95
" " M. Brotherton shff 4:30/13:25

Filed24th February 1842Clerk

Judge for plff April 22/42 281

State of Missouri
County of St. Louis ss

Be it rembered that heretofore
that a term of the Circuit Court for the county of St
Louis begun and held at the city of St Louis in the
country of St Louis on the third monday of November
1840 to writ on the 25th day of February 1841 the following
proceedings were had in a certain case of Charles a man
Petition
filed in
court
of color vs Belina Christy to writ. Charles a man of color
vs Belina Christy , suit for freedom Now at this day comes the said plantiff and files his petition verified
according to law, and praying to be allowed to sue
in forma pauperis, which being seen and heard, and
by the court here fully understand it is ordered that
said plaintiff be allowed to sue as a poor person to
establish his right to freedom and that Messrs Risque
Murdock & King be assigned him as counsel, and it is
further ordered that said plaintiff have reasonable
liberty to attend his counsel and the court asoccasion
may require and that he be not removed out of the
jurisdiction of this court and further that he be not
subjected to any severity on account of his application
for freedom, which petition is in the words and figures
petition
following to writ. To the Hon the circuit court of the country of St Louis . Charles a man of color respectfully
represents that he was born at the village of Cahokia
St. Claire country in the State of Illinois in the family of
Joseph Trake Esq,, whose servant the mother of your peti
tioner was, that your petitioner is now about the age
of twenty three years old, that when about the age of
eleven years, your petitioner was levied on by the
Sheriff of St Claire county in said state of Illinois
on an execution against said Frakie, and sold by
virtue thereof to one Alfred Cowles with whom your
petitioner continued to reside untill about four years ago
when the said Cowles sold your said petitioner to Ebenezer
Pickering, who about three years ago sold him to Samuel
Christy , who has since deceased, that Belina the widow
of said Christy , now pretends to claim, your petitioner as
her property, and restrained him of his just rights, liberty
& freedom, which he is informed and believes under these
facts he has a legal right to he therefore prays this honorable
court to grant him leave to sue as a poor person
in order to establish his right to freedom, in an action
of false imprisonment against the said Belina Christy
affidavit
to petition
& he will pray to Charles x his mark. State of
Missouri St Louis County ss Charles a man of color
being duly sworn says that the facts set fourth in the
annexed petition are just & true, to the best of his
knowledge & belief. Charles his x mark sworn to & subscribed
the 24 Feby. 1841 before Geo A Hyde J. P. And the
orders made by the Court are in the words and figures
Orders of
Court
following to writ. The Court being of opinion that the
foregoing petition of Charles , a man of color contains
sufficient matter to authorize the commencement of a
suit, makes the following orders. First that Charles a
man of color, be allowed to sue as a poor person to establish
his right to freedom, and assigns Mssrs. Risque
Murdoch & King as his counsel. Second that the said
Charles have reasonable liberty to attend his counsel
and the court, as occasion may require, that he be
not removed out of the jurisdiction of the Court
and that he be not subject to any severity on account
of his application for freedom Bryan Mullanphy Judge
of the 8th Judicial circuit of Missouri . And at the
same time was filed a declaration which is in the
declara
words and figures following to writ. In Circuit Court

of St Louis County March Term 1841 State of Missouri
St Louis County ss Charles a man of color complains
of Belina Christy of a plea of trespass, for that the said
defendant on the first day of February in the year of
our Lord one thousand eight hundred and forty one
at St Louis to writ at the county aforesaid made an
assault upon 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 three days then next following,
contrary to the laws of this state and against the will
of the said plantiff. To the damage of the said plaintiff
one dollar and therefore he brings suit etc Risque
Murdoch & King attys for plff. whereupon the clerk issued
a summons with copies of the order of the court endorsed
thereon, which are in the words and figures following
Summons.
to wit. County of St Louis ss. The State of Missouri
To the Sheriff of St Louis County-Geeting. We command
you to summon Belina Christy , if she be found in your
county that she 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 March
next-then and there to answer unto Charles a man
of color of a plea of trespass to the damage of said plantiff
of one dollar; 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 25th day of February in the Year of our Lord
eighteen hundred and forty one In Ruland Clerk
Copies of
Orders of
Court
endorsed
on
Summons. The court being of opinion, that the foregoing petition of
Charles , a man of color, contains sufficient matter to
authorize the commencement of a suit, makes the follow-
ing orders. First that Charles a man of color be allowed
to sue as a poor person to establish his right to freedom
and assigns Mssrs Risque Murdoch & King as his counsel
Second that the said Charles have reasonable liberty
to attend his counsel and the court as occasion may require;
that he be not removed out of the jurisdiction
of the court, and that he be not subject to any severity on
account of his application for freedom Bryan Mullanphy
Judge of the 8th Judicial Circuit of Missouri ; a true
copy of the order Attest Jno Ruland Clk.

upon which the Sheriff made his return which is in
Sheriffs
return.
the words and figures following to wit. Executed this
writ in the county of St Louis on the 25th day of February
1841 by reading it and the Petition declaration and
order of the court to Belina Christy the defendant
Marshall Brotherton Sheriff By Henry B. Belt Depty
service $ 100. And afterwards at the same term to wit
on the 26th day at February 1841 the following further proc
eedings amended
declaration
filed.
were had in said cause to wit, Charles a man of
color vs Belina Christy amended declaration filed by
leave of court which amended declaration is in the words
and figures following to wit. In the Circuit Court of
St Louis County March Term 1841 Charles a man of color
v Belina Christy State of Missouri St Louis county ss
And now at this day comes the said plaintiff and by leave
of the Court first had and obtained files an amended de-
claration as follows. Charles a man of color complains
of Belina Christy of a plea of trespass for that the said de-
fendant at St Louis to wit at the county aforesaid on the
first day of February in the year eighteen hundred and
forty one with force and arms assaulted the said plaintiff
and him then and there took and imprisoned and

restrained him the said plaintiff of his liberty and held him
in servitude from the said day and year last aforesaid
untill the twenty fifth day of February in the year afore
said and the said plaintiff avers that at the time of the
committing of the said grievances the said plaintiff was
and still is a free person and that the defendant held
and still holds him the said plaintiff in slavery against
the land of the land and against the will of the said
plaintiff; and other wrongs to the said plantiff within
that time did, against the peace etc and to the plaintiffs
damage one dollar and therefore he brings suit &c
Risque Murdoch & King attys for plff. And atterwards
at the same term to wit on the 1st day of March 1841
the following further proceedings were had in said
Petition.
filed
cause to wit. Charles a man of Color vs Belina Christy
Now at this day cames the said plaintiff by his attorney
and files his petition verified according to law, setting
fourth that he is damages danger and fears he will be removed
out of the jurisdiction of this court. Unless by the interposition
of this court, which being seen and heard and
by the court-here fully understood it is ordered that a
warrant issue to bring said plaintiff before this court
then and there to be dealt with as the court shall see
fit and direct which petition above mentioned is in the
Petition
words and figures following to wit. To the Hon. the circuit
Court of the county of St Louis . Charles a man of color
respectfully represents that at the present term Novr
Term 1841 of the St Louis Circuit Court your petitioner
by leave of this honable Court brought a suit in false
imprisonment against Belina Christy for the purpose of
establishing his right to freedom, that the writ issued in
in said cause, was duly served on the said defendant
by the Sheriff of said county some time during the
last week—That after the said service of the said writ with
the orders thereon endorsed as provided by the second sec
tion of the act entitled ``an act to enable persons held
in slavery to sue for their freedom'' upon the said defendant
the said petitioner was forcibly seized in the public
streets of the city of St Louis on Sunday the 28th day of
March 1841 by one John H Duke, and one Peter Guian a
watchman of St Louis , who pretending to act under the
authority of the defendant Belina Christy , and carried
the said petitioner accross the river Mississippi into
the state of Illinois and out of the jurisdiction of this
Court, and was taken to the sail of St Claire County Illinois
for imprisonment but the jailor of said county refused
to take charge of your petitioner on the ground
that there was no offence alleged against your petitioner:
your petitioner states that during last night he escaped
from the custody of those who confined him at Bellville
and has returned to the city of St Louis in Missouri and
now claims the protection of this honorable court and
that he may be brought up under a warrant before
this honorable Court and that defendant be compelled to
enter into recognizance as the said law provides etc
your petitioner states that he believes that he will be
again taken out of the jurisdiction of this court unless
Affidavit
to
petition
the said warrant issues Charles , a man of color by
Rsque Murdoch & King his attys. State of Missouri
St Louis County ss Charles a man of color being sworn
says that the facts set forth in the foregaing petition
are just & true Charles his x mark a man of color sworn to &
subscribed the 1 March 1841 before In Ruland clerk
And afterwards at the same term to wit on the 2nd day
of March 1841 the following further proceedings were
Order for
had in said cause to wit. Charles a man of color vs

Sheriff to
take petitioner
Jc.
Belina Christy on motion of attorney for the plaintiff it is
ordered that the Sheriff take possession of the petitioner
and hire him out from time to time during the residency
of this suit, and that he take Band from the hiner in
the sum of six hundred dollars, according to the statute
in such case made and provided. And afterwords at the
March term for said year of 1841 to wit an the 20th day of March
1841 the following further proceedings where had in said
cause to wit. to Charles a man of color vs Belina Christy
Pleas
field
Pleas
filed which pleas are in the words and figures
following to wit. St Louis Circuit Court Charles vs
Belina Christy March Term 1841 and the defendant by
her attorney cames and defends the force and injury when
etc, and says that she is not guilty of the said supposed trespass
and false imprisonment in manner and form as the said plaintiff hath above thereof complained against her
& of this she puts herself upon the country & Co. Spalding &
Tiffany attys for deft. St Louis Circuit Court Charles
vs Belina Christy March Term 1841 and the said defend
ant in her own proper person cames and says that this
Court ought not to have or take further cognizance of
the action aforesaid because she says that the said trespasses
and false imprisonment in the declaration mention
ed and the said holding in slavery therein mentioned were
done in the state of Illinois & not elsewhere & by reason
of a claim to the services of said plaintiff under the laws of that State and the said plaintiff so being held
by defendant to service in Illinois under color of the laws
thereof, escaped & ran away from defendant to the state
of Missouri against the will of defendant & brought this
suit; he the said plaintfiff never having resided in the
state of Missouri at any time; and this the defendant
is nearly to verify, wherefore she prays Judgment & C
StriceKen out by order of Court
N. S. Daughty Deputy Clk
Spalding & Tiffany attys for deft and afterwords at the
July term of said year to wit on the 19th day of July 1841
the following further proceedings were had in said
Replication
filed.
Replication.
cause to wit. Charles (of color us Belina Christy replication
filed which replication is in the words and
figures following to wit, Charles , of color v Belina Christy
suit for freedom And the said plaintiff as to the plea of
the said defendant, and whereof she puts herself upon the
country doth the like F. B. Mudoch atty for plff And
Afterwards at the same term to wit on the 24th day of July
1841 the following further proceedings were had in said
Order
cause to wit Charles (of color vs Belina Christy on motion
of plaintiffs attorney; it is ordered that said defendants
second plea be stricken out. And afterwords at
the same term to wit on the 23rd day of October 1841 the
following further proceedings were had in said cause to Petition
filed for
change of
named,
Petition
wit Charles a man of color vs Melanie Christy petition
of defendant filed for change of venue, which petition
is in the words and figures following to wit. Charles (a
man of color) vs Melanie Christy To the Hon St Louis
Circuit Court your petitioner Melanie Christy respectfully
asks that a change of venue may be awarded
in the above named case, pending in the St Louis Circuit
Court , for the following cause = because the Judge of the
said court has prejudices against the petitioner's defence
to the said suit. Melanie Christy . County of St Louis
Melanie Christy this day personally appears before the
undersigned & makes oath to the fact in the foregoing
petition & states that she has just cause to believe that
she cannot receive a fair trial in the case above mentioned
& an account of the cause alleged in said petition. Given under my hand, this Eighteenth day of October
A D Eighteen hundred and forty one Fred-Kretschman

Justice of the peace. And afterwards at the November
term of said year for the year 1841 to wit on the 6th day of January 1842
the following further proceedings were had in said cause to wit
Order
for
change of
venue
Charles (a man of color vs Belina Christy now at this
day comes the said defendant by her attorney and files
her petition verified according to law and praying for
a change of venue herein which petition being seen and
heard and by the court deemed sufficient it is ordered
by the court 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 true and complete transcript
of the record and proceedings herein 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; which petition is in the words and figures
Petition
for
change
following to wit. Charles , a man of color vs Melanie
Christy To the Hon. the Saint Louis Circuit Court Your
petitioner Melanie Christy the defendant in the above
named case respectfully asks that a change of venue
may be awarded therein for the following reason Be
cause the Judge of said Court is prejudiced in said
case Melanie Christy . State of Missouri county of
St Louis Set, Melanie Christy the above named petitioner
this day personally appears before the undersigned
and makes oath to the truth of the foregoing petition
and that she has just cause to believe that she cannot
receive a fair trial in the above case, an account of the
causes alledged in the said petition Melanie Christy
Sworn to and subscribed before me this sixth day of
January A. D. eighteen hundred and forty two. Fredn
Kretschman Justice of the peace St Louis county Nos.
State of Missouri
County of St Louis
as
I John Ruland Clerk of the
Circuit Court in and for said county of St Louis , certify
the foregoing to be a true and complete transcript of
the record and proceedings of said Court in the case
of Charles a man of color against Belina Christy
as the same now remain 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 eighteenth day
of January eighteen hundred
and forty two John Ruland Mc

County Of St. Louis , Ss.
The State Of Missouri ,To Dr C. Tiffin, Joseph Basil, John Baron, Joseph
Pamlin, John Paca , Henry St John
Henry B . Belt, Samuel Wiggins
Frank Fin
Greeting:

You are hereby commanded, that, setting aside all manner of excuse and delay, you appear before our
St. Louis Court of Common Pleas, at the City of St. Louis , on the twenty first day of April
1842 then and there to testify, and the truth to say in a certain cause pending in said court, wherein
Charles a man of color is plaintiff and
Bahin Christy is defendant on the part of the
plaintiff and herein you are in no wise to fail

Witness, Joseph W . Walsh , Clerk of our said Court, with the seal
thereof hereto affixed, at office, in the City of St. Louis , this
16 day of April in the
year of our Lord one thousand eight hundred and forty-twoJm Walsh Clerk

Issued on C. Tiffin 16 Apl

Issue on Henry St John 18 Apl

Charles
vs
B. Christy

Wit
C. Tiffin
Joseph Basil
Paron
Joseph Paulin
John Para

Henry B. Belt Samuel WigginsFr.

Served this sub: on HBBelt
Frank & S. Wiggins on the 21s. Apl
1842

McBrotherton
Shff Fee $1.50

County Of St. Louis , SS.
The State Of Missouri ,To Regd. Joseph Seetz
Greeting:—

You are hereby commanded, that, setting aside all manner of excuse and delay, you appear before our
St. Louis Court of Common Pleas, at the City of St. Louis , on the 22nd day of April
1842 then and there to testify, and the truth to say in a certain cause pending in said court, wherein
Charles a man of color is - plaintiff and
Belina Christy is - defendant on the part of the
plaintiff and herein you are in no wise to fail.

Witness, Joseph W . Walsh , Clerk of our said Court, with the seal
thereof hereto affixed, at office, in the City of St. Louis , this
21st day of April in the
year of our Lord one thousand eight hundred and forty-two.Jm Walsh Clerk.

Charles
vs
Charity

Subp
Revd Joseph Lutz
To appear 22 April at
10 O'Clock.
To be found at the
Catherac

Executed

M. Brotherton
Shff Fee 50

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

We command you to attach Dr Clayton Tiffin and John
Paron (alias Para)
if they be found in your County, and them safely keep, so that you have their bodies before the
Honorable Judge of the St. Louis Court of Common Pleas, at the city of St. Louis , forthwith
then and there to testify and the truth to say, in a certain cause pending in said
Court, wherein Charles a man of Color is plaintiff and
Belina Christy is defendant ; and, further, to answer
for a contempt by him committed in not attending said Court, as witness , although regularly
summoned so to do on the part of the said plaintiff

Witness, Joseph W . Walsh , Clerk of our said Court, with the seal
thereof hereto affixed, at office, in the City of St. Louis , this
twenty first day of April in the
year of our Lord one thousand eight hundred and forty-two.Jm. Walsh Clerk.

Charles a man of Color
vs
Christy

Attachment
for Dr C. Tiffin &
John Paron or Para
returnable forthwith

Paron resides between
main & the rever; brick
house an old frenchman
go in on the side of the
house near the new
wave houses

Executed

M.Botherton
shffFee 2.00 abides suit

The Court is requested to instruct the jury
that if they find from the that
the horn in the state of the
nois sinced the 13th of July 1787. and also
find that he was hom of parents who
were not tempararily through the
said that of as
and that they said
a verdict for the plaintiff.

And also if they find from the testimony
any that the plaintiff has been permitted
by the defendant among
whom Dept. presented to desire)
tille to main in the Hall of
for any number of as year
as a of said
hind there by they
find for the plaintiff

We the jury find
that the Defendant is guilty of the trespass
in manner & form as the Plaintiff hath in
his declaration allged.

Foreman