To the Hon. the Judge of the St. Louis Circuit Court .

The petition of Martha Drusilla , respectfully
submitted to your honor, that she is a
free woman, born
free in the county of Lawrence in the state of Alabama , and
so near which,, state she has not got one fourth of negro blood
in her veins. that her other name is Malinda , and by who our
petition last hand from her, she was being in Huntsville
Alabama, a free woman. petitioner states, that when
about one year old slave found as an indented servant
to one John Colton, who then lived in said Lawrence County,
within some miles of Court andHuntsville in said state of Alabama , with whom this petitioner years, and who,
petitioner Alabama to Arkansas ; who
eleven years old or thereabouts, said Cottons younger & daughter married our , and an other of his
daughters married T Jefferson Gable. that petitioner said Colton
at the time of his death which took place two
years ago last September in Randolf County
was living with his son in law James Jefferson Isbel,
at whom hour who you petitioner then was that
she continued to remain at the house of said Woman J
Isbel, after the death of said Colton, until about
six months ago , petition which was brought from then an, house by
Willam Isbel his brother, and carried the
Missouri River to the town of Lexington, when he
to sell him, his father in day Petitioner knows that
said Isbel, would not dare to to sell her in
Alabama or Arkansas , when the facts of her being born
free is well known, and has brought her away to Missouri
to is here - that about three weeks ago, said William
Isbel to the City of St Louis with pe titioner, and
remained for about two week or was at the house of Felix
County, a brother in law of said William Isbel, and on boundary
last, plan your petitioner in the custody of me Ruland J. Carle
in the city of St. Louis for sale, or has sold petitioner to him, your petitioner cannot
say which, but thathe said the actual
and control of said petitioner. She prays that
she may be allowed to sue as a poor person the said
in order to establish her freedom_ And she further says that
said intends your petitioner out, of the state
of Missouri , and and sell
her as a slave, tomorrow, with , as this peti-
tioner is informed and believes, and she prays therefore
that a warrant as is by the farther
and of an of the state of Missouri
" an act to person held in slavery to here
for this freedom.".

Martha herXmark Drusilla

State of Missouri
St. Louis County Ss.

Martha Drusilla , the above named
petitioner being sworn says that the facts so forth
in the forgoing petitioner are true to the best of her
knowledge and beleif.

Martha herXMark DrusillaSworn to & Subscribed
the27th October 1844
Before.
John M Krum
judge of Judicial Cir Mr..

I all the forgoing , and the to be
make the following orders.

Think - said Martha Druscilla be allowed to sue as a poor
person to establish her right to freedom and assign B.
as her counsel

seems - that thesaid Martha Drusilla 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 she be not subject to any severity on account of
her application for freedom.

John M Krum , judge. 8thjid. Cir Court

State of Missouri
St Louis County Ss
St Louis Circuit Court
November Term 1844

Martha Drusilla , complains of
Richard J .Cule of a plea of Tresspass, for that
the said defendant on the twenty-sixth day of
October in the year of our Lord one one thousand
eight hundred and forty-four, with force and
arms & made an assault upon this said plaintiff
to wit at St Louis in the County aforesaid and
there and then, beat, bruised, and ill treated her,
the said plaintiff, and then and there imprisoned
her, the said plaintiff and kept and detained
her in prison there without any reasonable
or probable cause whatsoever, for a long time,
to wit, for the space of six hours then
following contrary to the laws and against
the will of the said plaintiff, And the said
plaintiff owns, that before and at the time of
the committing of the said grievances, she was
ans still is a free person, and that the defen--
dant held and still holds her in slavery To
the plaintiffs damage ten dollars and and therefore
she brings suit &c

T B. atty for plffs

St Louis Circuit Court
November Term 1844

Suit for freedom
Damage $10.

To the Hon. the judge of the St Louis Circuit Court
The petition of Martha , a woman woman
claimed as a slave by

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

We command you to summon
ifRichamond J. Curle
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 Mon-
day of November next, then and there to answer unto Martha
Drusilla of a plea of Tresspass and false
Imprisonment
to the damage of said plaintiff Ten Dollars
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 Twenty Eighth day of
October in the year of our Lord eighteen
hundred and forty fourJohn 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

plea filed 15 p 296to dismiss filed 16 p 7916 p 128
to Law for deft 16p 190. Exceptinis to Depesitions of Deffs to 200.
to filed 16 p 281. Execption to depositions and moto dismiss suit overruled
continuance plea overruled 88;
Verdict for Deff of july 13. 1846

No. 252 St. Louis Circuit Court
November Terms 1844

Summons

Trespass, Suit for freedom

Dams..-$10.0.0 Murdock p q.

It is ordered First. That said Martha
Drusilla be allowed to sue as a poor
person to establish her right to freedom
and F B Murdock is assigned as her
Counsel. Seconds that the said
Martha Drusilla have reasonable
liberty to attend her cousel 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

John M. Krum Judge of the 8th Judicial
Circuit of Mo Filed 28th October 1844
Jno Ruland Clerk.
(free) (141)

Executed this writ in the county of
St. Louis on the 28th day of October 1844. by
offering to read it and the petition to
Richard J Curle . the defendannt which
he refused to hear and also by reading
the order of the judge Copied on the back
of this writ.

William Wilburn Shff By Henry B Bill Depty

for2.00Halem 1.503.50

The within having been
into in persuance of the
Statue by Richard J . Curle he
is discharged from the
on the Petition of Martha Drusilla

Oct.28,1844 John M Krum judge 8th, jud. Cir, MO

Know all men by these presents that me
Richar J Curle as principal and John
B Cariden. as seventy both of the county of St Lou-
is State of Missouri acknowledge ourselves to owe
and be indebted to the State of Missouri in the first and
full sum of five hundred dollars to be fined of our
and each of our respective goods and
and , upon this when or
Martha Drusilla a mulatto girl has is about to
a suit for freedom against the said Richmond
J Curle in the St Louis Circuit Court , Now further
said Martha shall during the of said
havereasonable liberty of attending her Counsel and the
Court and shall not be removed out of the jurisdiction
of the Court when said suit is to be brought, and
shall not be subject to any severity on account of
her application for freedom, then the above
ance to be else to be and remain in and

In writing whereof we have hereunto
set our hands and seals this the twenty eighth day of
October in the year of our Lord our thousand eight
hundred and forty fourApprovedJohn McKrumJudge 8th jud, Cir MO, Richard J Cu. seal
John. Bleaunden

To Richard J . Curle & William Isbel.

For an body notified, to freedom, “for the
examinaion, for the writ of Habeas Corpus, issued
against you, upon the petition of Martha , this day
a certain indenture of a apprenticeship of the said
Martha , expected by a certain judge in the state of
Arkansas to one Thomas Jefferson Isbe, and that
if you fail to do so, hand endure will be
given of its contents.

F. B. Murdock Atty for Martha
Aten petitioner St Louis 28 Oct. 1844

Served this notice in the county of St Louis
on the 4th day of November 1844 by delivering
a true copy thereof to Richmon I Curle
Wim Isbel not found in any county.

William Milburn Sheriff By Heny B Bell Depty for $4 62 1/2

The State of Missouri To Richmond J . Curle , William Isbel, Greeting:

You are hereby commanded, that you have the body of
the woman Martha , restrained, as it is alleged, by You of
her liberty, as the office of the Hon.. John W Krum, no 49
Pine street in the City of St Louis, County of St Louis and State
aforesaid on Monday the 4th day of November 1844 at 9 o'
clock A. M. together with the time and the cause of such
restraint and detention, to do and recieve, Hon.
John M. Krum . Judge of the eight Judicial district of Missouri
shall then and there consider and adjudge, concerning the said
Martha .

Witness my hand my office in the City of St Louis
aforesaid, the 28th day of October 1844 John M. Krum Judge 8 jud Circ Mo
A true copy
Wiiliam Milburn SheffBy Eld Decker Dpty.

I William Milburn Sheriff of
the County of St Louis State of Missouri hereby
certify that I have on this 4th day of November
1844 delivered the original of which the above
is a true copy to Richmond J Curle .

fee $1.00 William Milburn SheriffBy Henry B Bell Depty.

Habeas Corpus
to R I to R J Curle

Copy of writ notice
Served

And the said Richard
J Curle defendant by Hudson his
attorney comes and defends the
and injury where in and says
that he is not guilty of the said
supposed greivances above
land to his charge or any or within
of them or any part thereof in
manner and form as the said
plaintiff hath above thereof comp-
lained against him and of
this he the said defendant puts
himself upon the country

B Hudson pd

Plea Not Guilty

J Hudson atty for
deff
filed nov 19th 1844 John Ruland Clerk

In Circuit Court November Term 1844

And the said defend-
dant stands on his attorney moves the Court to dismiss said
cause for the following reasons

1 Because The writ in the
cause was

2 Because there is an affida-
vit

3 Because the said suppo-
sed affidavit is & not off-
icial

4 Because the party making
the affidavit to the petition is a colored
person and could not make
an affidavit against defendant
who is a white man

5 Because The Court
Judge in allowing the plff
to sue as a poor person

6 Because the
in in other respects informal
and unsuffered

pd

252

to

pdFiledMarch 7th 1845 Jno Ruland Clerk16p79

In the St. Louis Circuit Court , for the County
of St. Louis - State of Missouri .
April Term 1845.To the above named defendant, Richmond J. Curle .

You are hereby notified, that Depositions of Witnesses to be read in evidence in the above cause,
on the part of the plaintiff will be taken at the office of the
Law Commisioned for St. Louis Court, situate in the
City of St. Louis
in the County of St. Louis and State of Missouri on the fifth
day of May 1845 between the hours of 8 o'clock in the forenoon, and 6 o'clock in the
afternoon: and that the taking of said depositions, if not completed on that day, will be continued
from day to day at the same place and between the same hours, till completed.

Primus L Taylor
for pltff.

For Sheriff Return.

Served the within notice in the county
of St Louis this first day of May 1845
by leaving a copy at the usual place of
abode with a White member of his family
over the age of fifteen years.

William Milburn
Sheriff By R Dowling DeputyFee 50 lts

County Of St. Louis ,Ss.
The State Of Missouri ,To any Judge, Justice of the Peace, or other Judicial Officer of the State ofJohn G
Watson, Esquire, Law Commissioner of the County of St. Louis Greeting.

Know Ye, that we, in confidence of your prudence and fidelity, do, by these presents,
authorize you to cause to come before you, to be examined as witnesses in a cause depending
in our Circuit Court for the County of St. Louis , in the State of Missouri , wherein
Martha Drusilla is
plaintiff, and Richard J Curle is
defendant, all
and every such person, and at such time and place, as shall be named to you for that purpose
by the said plaintiff her
Attorney or Agent. And we command you to examine all and every such person upon his
oath or solemn affirmation first made or taken before you, to testify the whole truth touching
his knowledge of any thing relating to the said matter in controversy between the said par-
ties;
and that you do take such his examination and reduce the same into writing. When
you shall have so taken his examination, you are to cause the witness to sign the same, and to that and each examination, at the foot thereof, you are to append your certificate, setting
forth the facts that the examination was subscribed and sworn to or affirmed by the witness,
and the day, as well as between what hours of the day, on which it was done, as also the
place of residence of the witness, if known to you. Should any paper or exhibit be pro-
duced or proven, or be referred to by the witness, you are to describe the same in his exami-
nation, or cause it to be so marked by him, as to establish its identity, and attach the same
to his examination. The examinations thus taken you will cause to be accompanied by a
certificate of your official character, attested by the seal of State; or, should it be more con-
venient, such authentication and proof of your official character may be made by the certifi-
cate and seal of the clerk of any court of record of any county of the State, District or Ter-
ritory in which you reside, stating also, in addition to the facts of his being clerk and that the
court is one of record, that, at the time when the depositions were taken, you were an acting
judge, (or other such officer to whom this commission is addressed,) and duly commissioned as
such. And you will return the same and all exhibits produced to you, annexed hereto, care-
fully closed up and under your seal, directed to the Clerk of the Circuit Court in and for the
county of St. Louis , Missouri , with the names of the said parties litigant endorsed thereon, with all convenient speed.

Witness, John Ruland , Clerk of our said Circuit Court ,
at the city of St. Louis , this fifth day of
May in the year of our Lord one thousand
eight hundred and forty five. John Ruland Clerk C.C.

The execution of the within Commission,
affect, by the hereunto annexed.

Given under my hand and
seal of office this7th day
of May 1845. Jno. H. Watson.Law Commissioner of St. Louis County

Deposition sof witnesses, produced, swoin, and examined, at
The Law Commissioner Office in the City and County of
St. Louis , State of Missouri , before me, John H. Watson, Law Commissioner for
the said County, in a certain cause now pending in the Circuit Court
of the County of Saint Louis
State of Missouri , between

Martha Drusilla ,plaintiff, and
Richmond J. Curle .
defendant, on the part of the Plaintiff.
James A . Little of St Louis Co.Mo. of lawful age, being duly sworn and
examined on the paid of the Plaintiff, deposeth and saith:---
I know Martha Drusilla , and Richard J
Curle , Plantiff and Defendant, in this suit. I became acquainted time after this conversation, some few days he took said Martha
up the Missouri River, and returned in
about two weeks, when I saw him again;

He then came to me and desired to know
what I would give him for said Martha
He told me at that time, that he brought her
from Arkansas , having purchased her
from his brother, residing in that state,
and that he had a bill of sale for
her, and offered her to me, for four
hundred or four hundred and fifty
dollars. I don't remember exactly, what
of these amounts it was. Subsequently,
I met Isabel , and told him, that I had
understood, that their girl was free__ he
then stated, that she was born free, and was off bound until she was of age,
by a Court in the State of Alabama. with the plaintiff, about
the latter part of last summer. She was at the
Mansion House, in this City, with other negroes,
in the charge of one Isabel , who said that
he brought said negroes from Arkansas.
Isabel, told me at this time, that Martha ,
the plaintiff, was not for sale. A short-
time after this conversation, some few-
days he took said Martha ,
up the Missouri River, and returned in
about two weeks, when I saw him again;_
He then came to me and desired to know
what I would give him for said Martha
He told me at that time, that he brought her
from Arkansas , having purchased her
from his brother, residing in that state.
and that he had a bill of sale for
her. and offered her to me, for four
hundred or four hundred and fifty
dollars. I don't remember exactly, which,
of these amounts it was. Subsequently,
I met Isabel , and told him, that I had
understood, that this girl was free__he
then stated, that she was born free, and
was offbound until she was of age,
by a court in the state of Alabama .
And that she was afterwards carried to
the state of Arkansas , by the person to whom
she was bound- and the Indenture of
apprenticeship, was afterwards
by the person to whom she was bound,to his
brother to Isabels brother, who had mar-
-ried in the family of the man to whom
she was originally bound and that the said brother of Isabel had transferred the indenture
to him. At the same
time Isabel told me, that he had said
Indenture, and that it had some two or
three years to . and then offered to
sell me said Martha . for said nex-
-hired time, for One hundred and
fifty dollars. Somethime after this suit
was brought, I called upon W. Curle, defendant in this suit to make some
in giving said Martha :- he then told
me, that he had given a bond for
her appearence at Court, Isabel having
left her in his charge,_ and that of
he were released from said bond,
he would deliver of said girl. This
girl looked to be sixteen or seventeen
years of age. Said girl is a bright
mulatto,-nearly white. W. Curle's occu-
-pation is that of General Agent, for
selling in leasing property, as well as the
buying and selling of negroes. Deponent
States that there in the Isabel ,
arose from the circumstances of his having
her ordered a slave from said Isabel.
W. Curle stated to me that he nor Isabel , had no other, title
except said Indenture.

James A Little

I, Jno. H. Watson, Law Commissioner of
Saint Louis County, do hereby certify, that
James A . Little, deponent, whose place of
residence is Saint Louis County, in the State
of Missouri , was by me Sworn to testify
the whole truth of his Knowledge, touching
the matter in Controversy, in the Cause
afore said; and that his deposition was
reduced to writing, and subscribed by
him, in any presence, on the fifth day
of May 1845, between the hours of
8 o'Clo, in the forenoon, and 6 o'Clo, in the
afternoon, at my Office in the City and
County of Saint Louis , and State of
Missouri .

In testimony whereof, I have hereunto to set my
hand and seal of office,
this seventh day of May 1845. Jno. H WatsonLaw Commissionerof St. Louis County.

Defens for plff.

Opened and filed May 8th. 1845 John Ruland ClkCommissioner Fees $1.75/100
Paid by Plffs. Atty.

And the said defendant
by his and excepts to
the deposition of letter filed him and
as grounds of reception with
the following

1 Because there was no notice given the defn
of the time and place of taking the sworn

2 Because the notice filed him is
al & unofficial

3 Because the is
of

4 Because the is illegal

5 Because said deposition an in
other respects offend

for defns

Exception to

filed 8 May 1845 Jno Ruland
Clerk

In circuit Court
April
Term 1845

And the said defendant by his atty cause
and moves the Court to change this cause for the
following reason

1 Because the petition filed herin
shows the deft nor a man under the age twenty
one year at the time she methinks proceeding
against said deft

2 Because said petition & proceedings
are in other and
insufficient

Norten to

filed June
1st 1845
John Ruland Clerk

County Of St. Louis , Ss.The State Of Missouri ,To James A . Little
Francis Murdock,,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 trush instant
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 Martha Drusella
plaintiff and richard J. Curl
defendant on the part of 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 Feb:
in the year of our Lord one thousand eight hundred and
forty-six. John Ruland Clerk, C.C.

Cir ; Court
Nov: Term 1845

Witness for pltff for

X James A . LittleXFrancis Murdock.

Executed W
fee $2.00

County Of St. Louis , Ss.The State Of Missouri ,To Richard J . Curl, Greeting, you will bring
wish you a certain of in your
whereby you claim the plaintiff in this suit as a slave, or
apprentice, executed to one Isbell whom you received
the in the State of Arkansas 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 instant 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 Martha Drusilla
plaintiff and Richard J . Curl
defendant on the part ofdeftplaintiff
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 Feb::-
in the year of our Lord one thousand eight hundred and
forty-six. John Ruland Clerk,C.C.

Cir : Court .
Nov: Term 1845.

Witness for writ:
and for pltff.

Richmund J . Curl.with clause of
duces tecum

County Of St. Louis ,Ss.The State Of Missouri ,To Louis Newell , Samuel Calway
Mary Newell,
Thomas Calaway,
Felix Coontz Greeging:

You are hereby commanded, that seeting aside all manner of excuse and delay, you appear before the Judge of our Circuit Court , on the
at the City of St. Louis , then and there to
testify, and the truth to say in a ceratin matter of controversy now pending in our said Court,
wherein Martha Drusella
plaintiff and Richmund J . Curl
defendant on the part of 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 1 day of Feb:
in the year of our Lord one thousand eight hundred and forty-six. John Ruland Clerk, C.C.

Cir : Court . Nov: Term 1845.

Witness for pltff for
instant

X Louis Newell ,X Mary Newell,Felix Coontz,: Calaway L
Sam: CalawayExecuted Wm Sheff
fee $ 1.70.
.

In the Circuit Court
November Term 1846

Richmund J Curle the above named
defendant being duly sworn on his that
William D Isbell is a maternal for the defendant
on the that of the above cause that then is our other witness in
attendance now is ten any whereof known to affidavit
on where he can safely to prove the particular facts
the to him, that said witness
in material for the defendant on the of the above course
he count Feby 8th to have witness the testimony of said
witness that said witness is not by the or prouncement of this affidavit affidavit states
he believes he can the attendance of the
deposition of of said witness by the term of the Court. That siad witness family resided in the state of Arkans
but-since the of this suit said witness has
been engaged in in and
to and from the different town on Ohio River to
New Orleans and during a sertain of the time said
witness has been at Havana on the Island of Cuba
affavit states that owing to the unsettled mode of
life of the said witness for the last two or three years
he has not been able to give the requested notice and take his deposition affavit states that he has been
and verily believes that he the said Isbell writ he in the City
of St. Louis within the next three or four weeks, this affi
ant states that this continuance is not asked for the purpose of vexation or delay but for the attainment of of Justice

This 10th Feby 1846
Jno Ruland Clk

Affidavit for Court

Filedfeb 10. 1846
Jno Ruland Clk

The presumption of law is shall all white
persons are free, and if the jury find
from the Evidence that the plaintiff
is not are quarlis of african des-
cent, they will find for plaintiff..

That of the when from the evidence
that the plff was bond as an apprentice
and that the Term of commnencing this suit
her term of service had not that
should find for the deft

If the jury when firm the evidence that the plff
whilst in St. Louis was there newly for the
purpose of being then kept until the said
Isbell should want her service and that
she was placed at the house of Newell by the
wife of Isbell without his Knowledge and with_
out any him in Illinois was there mainly for the purpose of being then Kept while the said
Isbell should want her services and that
she was placed at the house of Newell by the wife of Isbell without his Knowledge and with-
out any him Charged for her services
that such evidence in Illinois does not of
itself entitle the plff to a verdict

- -

If the Jurors believe from the evidence that
the plaintiff was claimed and held in servitude by
William Isbell , and that while she was so held and
claimed she with the Knowledge and Consent of said Isbell
was taken to the State of Illinois , and there Kept and held in servitude for the space of one year, or longer, - the plaintiff
is entitled to her freedom, and the Jurors will find the issue for the plaintiff.

But if the Jurors believe from the evidence that
the plaintiff was taken to the State of Illinois , and there
Kept and held as before stated, without the Knowledge or con=
sent of Isbell , they will find the issue for the defendant.

That if the Jury take any part of the statements
of Isbell or the defendant, that the whole of their statements
should be taken together, and that the admissions of the
defendant or Isbell , without other proof is not sufficient to
entitle the plaintiff to recover.

Instruction given in trial

Feby 13.1846