St. Louis Circuit Court . November Term 1846St. Louis Countyss

Gabriel (man of color) by his
attorneys complains of Andrew Christy Executor and
Mary Coons Executrix of the Estate of David Coons
deceased of a plea of trespass. For that the said defendants
on the third day of August in the year Eighteen
hundred & forty six at St. Louis , to wit; at said County,
with force & arms &c, made an assault upon the said
plaintiff, and then & there beat bruised and illtreated
him the said plaintiff, and then & there imprisoned
him the said plaintiff, and kept and detainted him
in prison there without any reasonable or probable
cause whatsoever for a long time to wit, for the
space of seventy two hours, then next following
contrary to the laws and customs of this country and
against the will of the said plaintiff, and the
said plaintiff avers that before and at the time
of the grievances aforesaid he was and still is a free
person, and that the defendants held and still hold
him in slavery, and the said defendants then & there
did other wrongs to the said plaintiff, to the great
damage of the said plaintiff and against the peace
of the country, wherefore the said plaintiff saith that
he is injured, and hath sustained damage to the amount
of three five hundred dollars and therefore he brings
his suit &c

John R ShepleyAtty for Plff

Papers filed 17p. 447- Submitted to Court & Judgement 17 p 448-Jan. 4, 1847

324 November Term 1846 St.Louis Circuit Court

Gabriel (of Colour) vs Andrew Christy & Mary
Coons , Executor & executrix
of David Coons

Narr.

In Trespass for assault
& false imprisonmentJ R Shepley Atty Filed Decr 28th 1846 Jn. Ruland Clk
Hugh Gallagher
Geo. W. Coons
Witnesses

St. Louis Circuit Court

Gabriel suing for
freedom
vs.
Andrew Christy Executor &
Mary Coons Executrix of
David Coons ,

And the said
defeendants in their proper persons come & defend
the force and injury when &c, and say
that the said Gabriel was at the
times when &c, & is now the slave of the said
defendants without that that he was or is a
free person in manner and form as in said
declaration is alleged, & of this they put them
selves upon the County &c.

Andrew Christy
Mary Coons

St. Louis Circuit Court

Gabriel ( of color)
vs.
Andrew Christy , & Mary
Coons executrix & executor
of David Coons

plea

FiledDecr 28th. 1846
Jn. Ruland Clk

We the undersigned were present and witnesses
to the agreement and promises made by
the late David Coon to Gabriel McClelland which
promise was that he the said Gabriel should
have his free papers when he should repay the
money advanced by David Cerrs to said Mc
Clellan to buy Gabriel from his former
Walter McClelland. Gabriel himself had
part of the purchase money and Mr David
Coons lent him the balance taking as
security a bill of sale for said Gabriel
from his former master McClelland and we know that he Gabriel is entitled
to his free papers

signed by Geo W. Cerrs
& Hugh Gallaghin
Original in
It is further admitted by the attorney
for the plaintiff & defendants and thereby
the foregoing statement of which the
above is a copy is the testimony
evidence in this cause and it is
further permitted by the defendants
that the plaintiff Gabriel has paid
to the defendants as excutors the
sum of seventy six dollars which
was the balance due to the estate
of David Cerris for the money ad
vanecd by said David and they never
said Gabriel as belonging to
said Estate

Spalding & Tiffany for deftJ B Shepley Atty for pltf