456
In the St. Louis
Circuit Court
February Term
AD 1860

IshamShaw
AlexanderAugustus
H . Evans
Petition for freedom

filed Jany 20th 1860

leave to sue as poor person

In the Saint Louis
Circuit Court :
February Term
AD 1860.

Plaintiff states that he is
entitled to his freedom; that he was born in
the City of St Louis & State of Missouri and
was born free; that the defendant Augustus
H. Evans holds him unlawfully in slavery.

He prays, therefore, that this Honorable
Court by a suitable decree will release him
from the servitude aforesaid and set him free
and he prays that he be allowed to sue as a
poorperson, and that this Court will make an
order on the said Augustus H. Evans , that the
plaintiff have reasonable liberty to attend his
Counsel and this Court, as occasion may require
that he, the plaintiff be not removed out of
the juridiction of this Court, and that he, the plain
tiff be not subject to any severity on account
of this his application for freedom: and that this
Honorable Court will grant unto him such other
and further relief as unto the Court may seem right
& proper.

C.C. Carroll pq

John Jackson agent of the plaintiff makes
oath that the matters and things contained in the above
petition as therein stated, he believes to be true.

John Jackson Subscribed and Sworn
to before me this 21st
January 1860S Rice Clk

In the St. Louis Circuit Court
September Term 1860.
Saturday January 21st 1860.

Petition for Freedom.
Now comes the plaintiff by his
attorney and files a petition for
freedom, and the Court being of opinion that the said pe
tition contains sufficient matter to authorize the commencement
of a suit, doth order that said petitioner be allowed to sue as
a poor person, 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 be
not subjected to any severity on account of his application
for freedom.

State of Missouri
County of St. Louis
S.S.

I, Stephen Rice, Clerk of the St. Louis
Circuit Court , within and for the
County aforesaid certify that the foregoing is a true and
correct copy of the order in the above entitled cause as fully
as the same remains of record in my office.

In testimony whereof, I hereto set my
hand and affix the seal of said Court
at office in the City of St. Louis this 21st
day of January A.D. 1860

The State of Missorui,
County Of St. Louis ,
SS.To The Sheriff Of St. Louis County—Greeting:

We command you to summon
Augustus H Evans
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
first Monday of February next, then and there to answer the
complaint of
Isham Shaw
as set forth in the annexed petition: and have you then there and this writ.

Witness, Stephen Rice, Clerk of our said Court,
with the seal thereof, hereto affixed, at office, in the City of
St. Louis , this 20 day of Jany
in the year of our Lord eighteen hundred and - sixty Stephen Rice Clerk.

I acknowledge myself bound for all costs that may accrue in the case of Isham
Shaw against A H Evans
Witness my hand and seal, at St. Louis , this 21 day of Jany 1860

John Jackson

Feby T '60 agreement filed Jno Jackson apptd next friend & guardian ad litemaccep
tance29 p 316 Contd on afft pltffs costs 30p 57 Contd on afft 30p 323
Contd by consent 30p 598. Leave to file and pet 31 p 59. Mo to strike out
amended& cause contd 31p 386. Sept T 1862 Continued for want of
evidence of 31p 508. Feby 13 1863 Compulsory nonsuit

No 456 St. Louis Circuit Court .
February Term 1860

Isham Shaw by
Jno Jackson next friend & guardian
ad litem

Augustus H . Evans

Petforfreedom

Issued 20 of Jany 1860S Rice ClerkJ Jackson Security for Costs.
Copies due Clerk. 50

Executed this Writ in the County of St Louis
on the 21 Day of January 1860 By delivering a copy
of this Writ and petition as furnished By the Clerk
to Augustus H Evans the Defendant

Thomas ECourtenay Sheriff
B D R Dpty Fee $ 100

In the St. Louis
Circuit Courdaft:
Feb. Term A.D.
1860- No 456.In the St Louis Circuit Court
September Term 1859

Do. No. 457

It is agreed between the at
torneys for the plaintiff and defendant in the
above entitled cases, that John Jackson shall
now be entered as the guardianad litem and
next friend of the plaintiff in each case, and
the cases shall proceed, in all respects, as though
the said John Jackson had been appointed by
the Court at the Commencement of the suits and
had accepted said trust, and the same had been
brought in his name as next friend of said plain

tiffs:

C.C. Carroll
Atty for Plaintiff Johnson & Jackson for Deft.Feb 8 AD 1860
Attys for defendants

And I, John Jackson do now appear and
accept the above named trust and agree for my
name to be used according to the above agreement.

Witness
L. Lawrence
Feb 8. AD 1860John Jackson

Filed Feby 8 1860

S. Rice Clk

New for Clerk.

In case 456 & 457 - Shaw v Evans & Same
vs same, agreement of Counsel filed and John
Jackson appointed next friend &guardianad
litem for plaintiffs, and said Jackson files his
written acceptance of said appointment.

C. C. Carroll
for plaintiffFeb 8 AD 1860.

Circuit Court

Isham Shaw
vs
Augustus H Evans

Answer of
defendant

Filed Feby 11 1860SRice Clk

In the St Louis
Circuit Court

Defendant for answer to the
petition of plaintiff states & says as follows.

He denies that plaintiff is entitle to his
freedom - He denies that plaintiff was born
free. He admits that plaintiff was born
free. He admits that plaintiff was born
in the City of St Louis but states and
avers that defendant at the time of his birth owned the mother
of plaintiff as his slave, and that
said plaintiff was born, while his
mother was the slave of defendant.
-that he never set the defendant free
and that he said plaintiff now is & has
always been his property a slave. He states
that the mother of plaintiff run him
off out of this state several years ago
and pretended that he said plaintiff was
dead and that so as he knew of
plaintiff's return to this state he
caused him to be apprehended as
his slave and lodged in jail for
safe keeping and while in jail the plaintiff
obtained leave to bring this suit. Defendant
asks to be hence discharged & C.

& Tucker

State of Missouri
County of St Louis

duly sworn states that the being foregoing
Petition and the matters therein as
stated he believes to be true

A. H. Evans Sworn to & subscribed before
me this 11th day of Feby 1860S Rice Clk

The State of Missouri ,
County Of St. Louis .
SS.To Robt Guion, Jack Lakin
Greeting:

You are hereby commanded, that, setting aside all manner of excuse and delay, you
appear before our St. Louis Circuit Court , at the City of St. Louis , on the
9th day of may AD 1860 then
and there to testify, and the truth to say in a certain cause pending in said Court,
wherein Shaw & Shaw are plaintiffs and Augustus H. Evans is
defendant on the part of the plaintiff
and herein you are in no wise to fail.

Witness, Stephen Rice, Clerk of our said Court, with the
seal thereof hereto affixed, at office, in the City of St. Louis ,
this 4th day of May in the
year of our Lord eighteen hundred and sixty.S. Rice Clerk.

242 9 th
Circuit Court
April T. A D 1860

Shaw
v
Augustus H. Evans

Wit: for Plaintiff:
in 456 & 457 of
Returns to this Term :

Robt Guion
Deputy Sheriff Jack Lakin
at Lynch & Yard
on Locuststreet:

Served, T.E. Courtenay

fee $ 1.00

The State of Missouri ,
County Of St. Louis .
SS.To Genl. Nathan Ranney J.
W. Newcomb Greeting:

You are hereby commanded, that, setting aside all manner of excuse and delay, you
appear before our St. Louis Circuit Court , at the City of St. Louis , on the
9th day of May AD 1860 then
and there to testify, and the truth to say in a certain cause pending in said Court,
wherein Shaw & Shaw are plaintiffs and Augustus H. Evans is
defendant on the part of the plaintiff
and herein you are in no wise to fail.

Witness, Stephen Rice, Clerk of our said Court, with the
seal thereof hereto affixed, at office, in the City of St. Louis ,
this 4th day of May in the
year of our Lord eighteen hundred and sixty.S. Rice Clerk.

242 9
Circuit Court
April T. A D 1860

Shaw
vs
Augusten H. Evans

Wit on Plaintiff,
for 456 & 457 of
Returns to this Term :

Genl Nathan RanneyJ. Timmerman
Corner of 5th Cerre
st.W. Newcomb
on
15 & 16th

Served, T. E.Courtenay
Sheriff

fee $ 1.50

The State of Missouri ,
County Of St. Louis .
Ss.To Peter Lindell, W. Levin Baker
Greeting:

You are hereby commanded, that, setting aside all manner of excuse and delay, you
appear before oru St. Louis Circuit Court , at the City of St. Louis , on the
9th day of may AD 1860 then
and there to testify, and the truth to say in a certain cause pending in said Court,
wherein Shaw is plaintiffs and Augustus H. Evans is
defendant on the part of the plaintiff
and herein you are in no wise to fail.

Witness, Stephen Rice, Clerk of our said Court, with the
seal thereof hereto affixed, at office, in the City of St. Louis ,
this 4th day of May in the
year of our Lord eighteen hundred and sixty.S. Rice Clerk.

Served, T. E.Courtenay
Sheriff

fee $ 1.00

242 99th
Circuit Court
April Term A.D. 1860

Shaw
v
Augustus H. Evans

Wit for Plaintiff,
for 456 & 457 of
Returns to this Term :

Peter LindellLevin Baker Office onGreen
St.bt 2d & 3d Streets
(Builder)

In the St Louis
Circuit Court
Sept Term
A.D. 1860.

Do
Do.

Now comes the said next friend to wit,
John Jackson as agent of the plaintiff in each of the
above entitled causes, and being duly sworn
on his oath says, that he has the
entire management of said cases to C.C.
Carroll Esq; that there are many facts
with said cases of a Kind which it
would take a long time to explain to any other at
torney, and that in as much as the said casesare
set for trial in the 8Cirt, he is certain the
intersets of the plaintiffs in said causes would
be greatly if any other attorney
s have & try said causes without having reasonable time
to prepare for the trail of them: this affiant is
informed & believes that said Carroll is expected to be absent
from the City on the day said causes are set
for trial, on a sudden call of Judicial
duty- This affiant therefore prays the
Honorable Court to continue the
said Causes to the next Term of Court, or to
some other day in this CurrentTerm:

John Jackson Sworn to and subscribed
before me this 27th day
of November A.D. 1860 John M . Walton Clerk of the Law Commissioners Court

456 & 457 Febry T 1840
Inthe St . Louis Circuit
Court -

Isham Shaw by
next friend
vs
Aug. H. Evans

Affidavit of next
friend

filed nov 27th 1860S Rice C 456 & 457

The State of Missouri ,
County Of St. Louis .
SS.To James Denny, Chas R. Roderman
Louis Music Greeting:

You are hereby commanded, that, setting aside all manner of excuse and delay, you
appear before our St. Louis Circuit Court , at the City of St. Louis , on the
10th day of April 1861 then
and there to testify, and the truth to say in a certain cause pending in said Court,
wherein Isham Shaw &c is plaintiff and Augustus H. Evans is
defendant on the part of the Defendant
and herein you are in no wise to fail.

Witness, Stephen Rice, Clerk of our said Court, with the
seal thereof hereto affixed, at office, in the City of St. Louis ,
this 9th day of April in the
year of our Lord eighteen hundred and sixtyoneS. Rice Clerk.

Executed April 10th 1861

John H Andrews Shffby Ed J Castello Dpty fee $ 1.50

232 10 456 No 457.

Shaw &c
vs
Evans
-
Defts Witnesses

Jas. DennyChas. R RodermanLouis Musicfor April 10th
N Cox
for defts.

Received April
9th at 11 O ClockAM

The State of Missouri ,
County Of St. Louis .
SS.To John Newcomb, Crawford Duvall
D Wm Carr Lane & MartinSteitz Greeting:

You are hereby commanded, that, setting aside all manner of excuse and delay, you
appear before our St. Louis Circuit Court , at the City of St. Louis , on the
10th day of April 1861 then
and there to testify, and the truth to say in a certain cause pending in said Court,
wherein Isham Shaw by next friend, is plaintiff and Augustus H. Evans is
defendant on the part of the Defendant
and herein you are in no wise to fail.

Witness, Stephen Rice, Clerk of our said Court, with the
seal thereof hereto affixed, at office, in the City of St. Louis ,
this 9th day of April in the
year of our Lord eighteen hundred and sixtyoneS. Rice Clerk.

Executed April 10th 1861

John H . Andrew Shffby Ed J . Castello Dpty fee 2.00

232 10 456 No 456

Shaw & C
vs
Evans

Defts. Witnesses
John Newcomb
( & Olive)
Crawford Duvall
Dr Wm Carr Lane ,
Martin Steitz

25 City Market Butcher

For April 10 1861N. Cox
for deft.

Received April 9th at 11 O clock
A.M

The State of Missouri ,
County Of St. Louis .
SS.To James Denny, Chas R.
Roderman & L.Music Greeting:

You are hereby commanded, that, setting aside all manner of excuse and delay, you
appear before our St. Louis Circuit Court , at the City of St. Louis , on the
10th day of April 1861 then
and there to testify, and the truth to say in a certain cause pending in said Court,
wherein Isham Shaw &c is plaintiff and Augustus H. Evans is
defendant on the part of the Defendant
and herein you are in no wise to fail.

Witness, Stephen Rice, Clerk of our said Court, with the
seal thereof hereto affixed, at office, in the City of St. Louis ,
this 9th day of April in the
year of our Lord eighteen hundred and sixtyoneS. Rice Clerk.

Executed April 10th 1861

John H. Andrews Shffby Ed J . Castello Dpty fee 1.50

233 10 457 No 457

Shaw &c
vs
Evans

Deft's Witness

Jas. DennyC. R. RodermanL.MusicFor April 10N. Cox
for deft.

Received April 9th
at 11 O clock
A.M

The State of Missouri ,
County Of St. Louis .
SS.To John Newcomb, Crawford Duvall ,
D Wm Carr Lane & Martin Steitz Greeting:

You are hereby commanded, that, setting aside all manner of excuse and delay, you
appear before our St. Louis Circuit Court , at the City of St. Louis , on the
10th day of April 1861 then
and there to testify, and the truth to say in a certain cause pending in said Court,
wherein Julia Shaw &c is plaintiff and Augustus H. Evans is
defendant on the part of the Defendant
and herein you are in no wise to fail.

Witness, Stephen Rice, Clerk of our said Court, with the
seal thereof hereto affixed, at office, in the City of St. Louis ,
this 9th day of April in the
year of our Lord eighteen hundred and sixtyoneS. Rice Clerk.

Executed April 10th 1861

John H. Andrews Shffby Ed J . Castello Dpty fee $2.00

233 10 457 No 457

Shaw &c
vs
Evans

Defts. Witnesses

Jno: Newcomb Crawford Duvall Dr Wm Carr Lane & Martin Steitz Butcher in City For April 10thN. Cox
for deft.

Received April 9th
at 11 O Clock
A.M

Produce dealer at
Frederick House

No 456. Feb. T. 1860.

Isham Shaw .
agst.
Augustus H Evans
-
Amended
-
service of copy
or

C.C. Carroll
Atty for PlaintiffsMay 13th AD 1861.Filed May 16 1861S.Rice ClkN.Cox
Defts. Atty.

In the Saint Louis
Circuit Court .February Term 1861.

And now comes Augustus H .
Evans , the above named defendant,
and, by leave of the Court here first
had, files this his recorded Answer
to the plaintiffs Petition and states
that he denies that Isham Shaw ,
the above named plaintiff, is en
titled to his freedom, and that
defendant unlawfully holds said
plaintiff in slavery. Defendant
or dunits that said plaintiff was
born in the City of Saint Louis ,
but denies that said plaintiff
was born free.

Defendant for further answer
avers and states that defendant
at the time of the birth of the
plaintiff held and owned the
mother of the plaintiff as his slave;
that some years ago the said
mother of the plaintiff removed
said plaintiff, or caused him to
be removed, out of this state and
represented or pretended to defendant
that plaintiff was dead; that so
soon as the return of plaintiff to this state
came to the Knowledge of the
defendant, defendant caused
him to be apprehended and
lodged in jail as his, defendants,
slave and soon thereafter, that
is to say, on or about the Ninth
day of June in the year 1859,
without notice that said plaintiff claimed to be free defendant sold and delivered
said plaintiff as a slave to me
Alexander Williams and that
plaintiff is now the property of the
said Williams.

NathanielCox
Deft's Atty.

Augustus H. Evans , the above
named defendant, makes oath
and says that the aforegoing
and the matters therein, as stated,
he believes to be time.

A. H. Evans Sworn to & Subscribed
before me May 16th 1861S Rice Clk

467
In the St Louis
Circuit Court :

456
In the St Louis
Circuit Court :

Now comes the plaintiff
in each of the above entitled cases, &
moves the Court to strike out the
Amended Answers filed
in said cases, for the reasons, that
Amended Answers set up a defence in
consistent with the original answers
filed in said cases& make new and
different issues in saidcases

C.C. Carroll ,
for Plaintiff

Circuit Court
Nos. 456 & 467

Isham Shaw &c
Augustus H Evans
&
Julia Shaw
v
Same

Motion to strike
out the Amended
Answers filed in
said case

Filed Feby 24 1862S Rice Clk

Nos. 456 & 457 State of Missouri
County of St. Louis
ss

C.C. Carroll , Attorney
for Isham Shaw and Julia Shaw , being
duly sworn, on his oath says that he is in
formed and believes, that they Alexander Williams
refered to in the Amended Answer filed
by defendant in the cases of Isham Shaw v.
Augustus H. Evans , and Julia Shaw v the
same,, Which cases are now pending in the
S. Louis Circuit Court , is not a resident
of this State.

C. C. Carroll .Sworn to & subscribed
before me this 24th A D 1861S Rice Clk

To apply to
456 & 457

Isham Shaw
v
Augustus H. Evans
&
Julia Shaw
v
Same

Affidavit of
non-residence of
Alexander Williams

Committed by Sheriff Cerre for Safe
KeepingJune 9th 1859
Delivered to Sheriff Cerre Sep 6th 1859.
being 90 days at 30¢ per day
$ 27.00.

State.
vs
Julia Ann (Negro)

Committed by Sheriff Cerre for safe
Keeping June 9th 1859.
Delivered to Mr Luther by Order of
Sheriff Cerre June 20th 1859
being 12 days at 30¢ per day $ 3.60

$ 30.60

14.

50.50

15.25

65.75

57.50

8.25

47.50

5.00

$ 52.20

14.00

66.50

5.00

71.50

52.50

5.00

57.50

Geo McPhetridge

Jas Bray

J P Casselly

W Duly

Wm Schaffer

Fredk Peters

R. McLane

Andrew Collins

J Rowen

P Helgenburg

Edw Haren Sr

A J Noble

Williams
v
Evans

No 1 Plaintiff's Instructions

Refused

If at the time of the execution of the Bill
of Sale read in evidence Isham and
July Ann were Confined in the Jail
of St Louis County as runaway slaves
and if it was part of the of
Sale, that the defendant should
Cause said slaves to be delivered
to the plaintiff on his application
for them to the said Jailor at said
Jail and if the plaintiff on the
day of the sale made application
accordingly to said Jailor at said
Jail, who refused to deliver them
because he had been notified
of the intention of the said Isham
and July Ann, to apply to the
Judge of the St Louis Circuit Court
for Leave to sue for their freedom
and such application was made
and Leave granted and noslaves
ordered to be hired out, the
plaintiff is entilled to recover

Instructions
Refused

Defendant's Instructions

Given

If the Jury find from the evidence
that Evans executed & delivered to Williams a bill
of sale of the negros - that William paids the
purchase money - that Evans had an order from
the Sheriff or the Jailor to deliver the negros
to (him) Evans & that Evans went to the Jail in company
with Williams & handing the Jailor the said
order directed him
to deliver the negros to Williams when he
called for then & if they that the said jailor agreed to obey said order & direction

this is a complete delivery of the
negroes and plaintiff cannot recover for a
non delivery

Shaw
vs
Evans

No 2 Plaintiff's Instructions

Given

If the jury find from the evidence that there was
no delivery of the negros by Evans , then the Plaintiff is
entitled to recover &
and should
they be satisfied from the evidence
that the price, at which the
plaintiff purchased said slaves
was nineteen hundred and fifty
dollars -that of that sum
twelve hundred dollars was
paid by the plaintiff to the
defendant and that the
balance Seven hundred and
fifty dollars was paid over by
the plaintiff to Newcomb
and Duvall and other parties
including Jail fees and Evans
attorney fee by the direction and
order of the defendant, then
the plaintiff is entitled to a
verdict of nineteen hundred
and fifty dollars with
from the 9th day of June 1859
when the same was paid

Plaintiff Instructions

Refused

Even if the Jury are satisfied
from the evidence that the Defendant
procured an order from the Sheriff on
the Jailor for the delivery of the slaves
to the plaintiff when the latter should
call for them, and the Jailor promised
to comply therewith, get if when applied
to for that purpose he refused to deliver
them to the Plaintiff, the mere fact of
such promise, unaccompanied by any
evidence that the Plaintiff accepted or
treated the same as a delivery, would
not constitute a delivery.

Shaw
vs
Evans

Alexander Williams vs Augustus H Evans
We the jury in said case find for the Plaintiff
in the sum of nineteen Hundred and fifty dollars
with Interest from the ninth day June 1859

John P Cassilly
foreman

Defendant's Instructions

Refused

In case it should appear that
there was no delivery of the negros by Evans
the plaintiff can only recover the consideration
mentioned in the bill of sale