In the Circuit Court
of Saint Louis County
State of Missouri April Term 1852

Plaintiff states that he is a free person of col
or and as such is entitled to his freedom for
the following reasons to wit

That in the spring of the year 1837 or thereabout
he, plaintiff, was the slave of Michael Wiles
the defendant in the state of Missouri ,
and that the said defendant did about the time
before mentioned remove and carry with him
from the state of Missouri to the then Ter
ritory of California the plaintiff, and that the
said defendant continued and resided in the said
Territory of California as a citizen or resident
thereof during the term of three months or more
during all of which time he, defendant, kept the
plaintiff with him and in his employ as his slave
Plaintiff further states that subsequent to his
aforesaid residence in California he defendant con
veyed plaintiff to the state of Missouri , and now
claims and holds him in slavery in the said State
and that be
fore and at the commencement of this suit
he was and still is a free person and that the de
fendant held and still holds him in slavery
Plaintiff claims that by the laws of California which
forbid slavery therein he became free by his residence
there, and is in consequence of such residence a free per
son and as such entitled to his freedom, and there
fore prays Judgement for his freedom against the
defendant and all others

Gabriel of color
By his Attorney
James R Goff

State of Missouri
County of St. Louis

James R Goff being duly sworn
states that facts and statements herein alleged
and set forth are true to the best of his
knowledge and belief

James R Goff Sworn to and subscribed before
me this 24th Decr 1851
M S Cerre Clk

Petition for freedom

To the Hon Circuit Court of Saint Louis County State
of Missouri November Term 1851

Your petitioner respectfully represents that he
is a free person of color, and as such, is entitled to
his freedom for the reasons herein after following to wit

That in the spring of the year 1850 your petitioner was the slave
of a man named Michael Wiles in the state of Missouri
and that the said Wiles did about the time before men
tioned, remove and carry with him from the state of Mis
souri to the Territory of California your petitioner, and
that the said Wiles continued and resided in the said
territory of California as a resident thereof during the term of three months or more all of which time he kept your
petitioner with him and in his employ as his slave.
Wherefore your petitioner
claims that the Territory of California being free territory
and by its law forbidding slavery therein, he became free
by his residence there, and is in consequence a free person
and as such entitled to his freedom.
Your petitioner
further states that he was by the said Wiles conveyed
to the state of Missouri subsequent to his residence in Cal
ifornia, and that he is now held and claimed as a slave
by the said Wiles in the state of Missouri . Your petitioner
also states that he is a poor person without any estate
and prays the Court for leave to sue for his freedom
as a poor person, in accordance with the statute in
such cases made and provided.

Signed Gabriel hisxof color
mark

Sworn to and subscribed before me this Seventeenth
day of December A.D. Eighteen hundred and fifty one.

Simon F Spalding
Justice of the Peace

In the Circuit Court of Saint Louis
County November Term 1851

It is hereby ordered that the above
and within named Gabriel , a man of color
be allowed to sue for his freedom without
giving security for costs, and that he have
reasonable liberty to attend his counsel and
the Court as occasion may require, and that
he be not removed out of the Jurisdiction of
this Court, and that he be not subject to
any severity on account of his application or
suit for freedom
Decr. 24, 1851

A Hamilton
Judge 8th Judi
cial Circuit Mo.

Filed Decr. 24th 1851

M. S. Cerre Clk

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

We command you to summon Michael Wiles
to appear
before the Judge of our Circuit Court , on the first day of the next
term thereof, to be held in the City of St. Louis , within and for the
County of St. Louis , on the third Monday of April
next, then and there to answer the complaint of Gabriel (of Color)
as set forth in the annexed petition
and have you then there this writ.

Witness, Michael S. Cerre , Clerk of said
Court, with the seal thereof hereto affixed, at office, in
the city of St. Louis , this 24th
day of Decr in the year of our
Lord eighteen hundred and fifty one
M S Cerre 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
185
L.S.

Executed this writ in the County of
St. Louis this the 27th day of December 1851
by delivering to Michael Wiles the within
named defendant a certified copy of this
writ and petition by the Clerk

Henry B Belt, Shff
By John
Depy Ser $1.00

No. 16
Saint Louis Circuit Court
April Term 1852

Pet for Freedom

Goff, Atty Issued 24th Decr 1851 M. S. Cerre Clk
$3 due

April 1852.
Demurrer filed 21 page 482, De.
Jugt for Deft - 21 p. 543. 4th May 1852

The Defendant comes
& declares to the Plaintiff's Petition
& says that the same does not
contain facts sufficient to Entitle
the Plaintiff to his freedom,
for causes of Dismissal sets
down the following:

1. The fact as alleged in the Plaintiffs
petition, that the he was taken
into California Territory does
not entitle him to a judgement
of freedom

2. This Court cannot take judicial
notice of the laws of California
the general allegation therefore
that by the laws of California
the Plff became & is entitled
to his freedom is insufficient.

3. The facts set out on the face of
the Plaintiffs Petition show
that the taking of the Plaintiff
by the Defendant into California
was a mere transit of that
Territory & therefore gives the
Plaintiff no right of action
for his freedom.

Todd & Krum
Attys for Deft

16

Decd.

Todd & Krum
Attys for Deft