To the Hon. the Circuit Court of St Louis
County.
The petition of Cloe Ann Smith , a woman
of color respectfully represents, that she is held
as a slave in the county aforesaid by one D. Franklin
Knox , who claims her as his property - but petitioner
belives that she is entitled to freedom, and states
as her ground to freedom, the following facts - that
in the year eighteen hundred and forty two, then being
the property of said Knox , she was taken from the
City of St Louis in the County aforesaid, by the wife of said
Knox , with his knowledge and consent to the county
of Huron in the state of Ohio , and then kept and
detained to service and labor as a slave from the
month of June of that year until the succeeding month
of september, when she was again brought back
to the county of St Louis aforesaid. Petition states that
such a holding of petitioner as aforesaid in slavery
in the state of Ohio , by operation of the Ordinance of
Congress of the year seventeen hundred and eighty seven for the government of the territories North West
of the Ohio river, and also by force of the constitution
and laws of the state of Ohio , emancipated petitioner
from a state of slavery. She therefore prays this
honorable court for leave to sue as a poor person
in order to establish her right to freedom.
Petitioner further says that said Knox is about
to sell her, so as to carry her out of the jurisdiction
of this court, and she therefore prays, that a warrant
may be issued and such proceedings had, as is directed
by the act entitled ``cca act to unable person held
in slavery to sue for this freedom'' and she will pray de.
Cloe her mark Ann Smith
State of Missouri
St Louis County ss
Cloe Ann Smith being duly
swom says that the facts set forth in the forgo-
ing petition are true.
Cloe Amm her mark Smith Swom to subscribed
the 9th day of September
1844 Before me, a Justice
of the peace in our foresaid, county. char
Justice of the peace.
The Court allows they said petition and makes the
following orders
First, that said Cloe Ann Smith be allowed to sue as
a poor person, to establish her right to freedom, and the
Court assigns as her counsel filed & Murdoch
Second. that said Cloe Ann smith have reasonable
liberty to attend her counsel and the court as occasion
may require; that she be not removed out of the jurisdic-
tion of the Court, and that she be not subjected to any severity
on account of her application for freedom.
John M . Krum St. Louis Circuit
State of Missouri
St. Louis County ssIn the Circuit Court of
St. Louis County.
November Term 1844
Cloe Ann Smith , a woman of Color, complains
of Franklin Knox , of a plea of trespass, for that
the said defendant on the eighth day of September
eighteen hundred and forty four, with force and arms
&c made on an assault upon the said plaintiff, to
writ at St. Louis in the County aforesaid and then and
there 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 writ, for the space of
twenty four hours then next following, contrary
to the laws of said state and against the will
of the said plaintiff. And the said plaintiff
, that before and at the time of the commit-
ting of the said grievances, she was and still is
a free person, and that the defendant held and
still holds her in slavery - To the plaintiffs
damage ten dollars and therefore she brings
suit.
& Murdoch
attys for
St Louis Circuit Court
November Term 1844
Cloe Ann Smith
of color
vs
Franklin Knox
Trespass in false input
suit for freedom.
No Circuit returnable
Tuesday morning
at 9 o'clock 10 Sept
1844
Filed September 9th. 1844. John Ruland Clerk
petition filed & order made 15 p 220
County Of St. Louis , ss.
The State Of Missouri ,To the Sheriff of St. Louis CountyGreeting:
We command you to summon Franklin Knox 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 Monday of November next, then and there to answer unto
Cloe Ann Smith of a plea of trespass in
false imprisonment
to the damage of said plaintiff ten
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 tenth day of
September in the year of our Lord eighteen
hundred and forty four John 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
Petition filed Shff ordered to hireunclear> out leave to sueas a poorpersongranted 15p 226. plea filed 15p 290
petitionfor change of venue filed & applicationoverruled17p 59
Jany 30, 1846 MO to sentenceand testifycause tocommon pleas171 by
by current of 145, May 7 1846
No. 120
St Louis Circuit Court
November Term 1844
Cloe Ann Smith of Color
vs
Summons
Franklin Knox Suit for freedom
Field & Murdoch .
It is ordered by the Court that the paid
Cloe Ann Smith be allowed to sue as a
poorperson to establish her right to freedom the Court assign Field & Murdoch
as her counsel, 2nd that the said Cloe
Ann Smith have reasonable liberty to
attend counsel 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
Filed 10th september 1844JnoMuland Clerk
Executed this writ in the county of Louisiana
in this11 of September1844, by offerring to read
it theannexedpetition Franklin Knox the
within named defendant which
herefusedtohear and by
to the saidpetitionaplea
by reading to him the said Franklin
Knox the order of the courtandonce
on this writ
William Milburn
Sheriff of hiswrit
& order of court
1.50
order 1.50
$3.00
County of St. Louis , Sct.
The State of Missouri ,To the Sheriff of the County of St Louis - Greeting:
You are hereby commanded to seize Cloe Ann Smith , a person of col-
or, in whose possession soever she be found; that you have her before the
Judge of our St Louis Circuit Court , on the tenth day of September, Eight-
een hundred and forty-four, and also that you Summon Franklin
Knox , if he be found in your County, or any other person in whose
possession the said Cloe Ann Smith may be found, to appear at the
time and place, and before the Judge aforesaid.
Witness, John Ruland , Clerk of our said Court,
with the seal thereof hereto affixed, at office,
in the City of St. Louis this Ninth day of Septem-
ber, Eighteen hundred and forty-four. John Ruland , ClerkBy Sam Ruland , Deputy
Summon Franklin Knox in the County of Saint
Louis this 11th of September 1844 to appear before the
Judge of the Saint Louis Circuit Court at 12
October of today
William Milburn
Sheriff $ 0.50
1.00
Count 1.50
Cloe Ann Smith
vs
Franklin Knox
Executed this com
mand in the County
of Saint Louis this
10th day of September
1844 by Seizing her
Within named Cloe Ann Smith and in the
Custody of the Jailer
of Saint Louis Coun
ty - with whom
she is left for safe
keeping called
for by
William Milburn
Cloe Ann Smith
brought here into
court at 12 o'clock
then 11 September 1844 William Milburn
vs.
Franklin Knox
In the St Louis Circuit Court
November Term 1844
And the said defendant by F .
Knox his attorney comes and defends the
injury when &c and says that he is not guilty of
the said supposed Trespass above said to his charge
or any or either of them or any part thereof, in manner
and form as the said plaintiff both above thereof confirmed
against him, and of this he said defendant puts himself
upon the country &c.
By J Knox his Atty
In the St Louis Circuit Court
November Term 1844
Chloe A. Smith
vs
Franklin Knox
Plea
Not Guilty
Atty for DeftFiled Nov 18th. 1844 Jno Ruland Clerk
To the Hon. the Judge of the Circuit
Court of St. Louis County.
The petition of Cloe Ann Smith ,
respectfully states, that there is now defending
in said Court, a suit in trespass in
false imprisonment, wherein this petitioner
is plaintiff and one Franklin Knox is
defandant: That she ha just cause to
believe that she a fair trial
in court because as this believes
the judge of the said court is against
the said plaintiff right to recovershe therefore
prays your honor to grant her a change of
venue.
Cloe Ann + Smith Sworn to and Subscribed
Before me this 26th. day
of January A. D. 1846
Justice of the peace
State of missouri
St. Louis County ss.
Cloe Ann Smith being
says that sheverilybelieves the facts
set forth in the forgoing petition aretrue, and
that she has just cause to believe that they
cannot havea fair trial on account of
the causealleged
Cloe Ann + Smith Sworn to and Subscribed
Before me this 26th.
day of January A D 1846
Justice of the peace
Cloe Ann Smith
vs
Franklin Knox
Petition for change
of name.
filed 27 Jany . 1846 Jn. Ruland Clk
Cloe Ann Smith
vs
Franklin Knox
The plaintiffs counsel
came into court
and moves the
St Louis Circuit court
to set aside the
non suit in this case
entered for the following
reasons, and to certify the same
to the court of common pleas St Louis Co.;
1. Because the plaintiff has filed in
this case a petition as provided for by statute
for a change of venue
2. The Court in overruling said petition
3. Because the court had no jurisdiction
in this case ofter the filing of said
petition duly sworn to, the statute
making it upon the court to
certify the case to another tribunal
& Murdoch
for
Cloe Ann Smith
vs
Franklin Knox
Motion & reason
to non suit,
and to certify the case
to the court of Com. Pleas.
Filed January 30.1846 Jno Ruland Clk