To the Honorable the Judge of the Circuit Court
of St Louis County
The petition of Sam a person of colour by Lydia her next friend
presents
That Lydia the mother of your petitioner
was formerly the slave of one Elisha Mitchel
now deceased that said Mitchel removed to the
territory now state of Illinois and there held
said Lydia as a slave, in the year 1807 or
there about - That after the death of said Mitchel
his widow Jenny Mitchel administered on the
estate and in 1809 said Lydia brought her
suit against said administration in the
General court of said territory of Illinois to
establish her right to freedom - and was by
said court in said suit adjudged to be
free. That your petitioner was bornsince
the rendition of said Judgment and has
resided with his mother in Illinois - That
said Lydia since said Judgment and
her children since their birth including your
petitioner have enjoyed their liberty in
the territory and state of Illinois until yesterday
when they were arrested imprisoned and seized
as slaves by one Alexander P Fields
Elijah Mitchel & others
and brought to the city of St Louis where
they including your petitioner are now
imprisoned and held as slaves - That
said Fields Mitchel & others -
threaten and intend immediately to remove
your petitioner out of the state to prevent
his asserting his right to freedom, and to hold
or sell him as a slave elsewhere. Your
petitioner therefore prays that he may be
allowed to sue as a poor person - that such
order may be made & precedings had in
the premises is shall be according to law &
Justice
by Lydia Sam & afree
person of colour
by Lydia next friend
County of St Louis Sct
This day personally appears Nathan
Cole and makes oath that Sam the petitioner
is free or entitled to freedom as this affiant
believes as stated in the petition That Alexander
P Fields & Elijah Mitchel and others arrested and imprisoned
him in the state of Illinois , and bought him
byforce to this city where they
until last night when he recognized him in close confinement and threatened
to remove him as soon as possible out
of this state with intent to hold him
in slavery and prevent his prosecuting
his claim to freedom -
Nathan Cole
County of St Louis
Having considered the facts stated in
the foregoing petition and affidavit I do
hereby order and direct that the petitioner
be permitted to sue as a poor person
to establish his right to freedom and
Henry is assigned as counsel
for said petitioner
And I do further order adjudge
and direct that the petitioner have reasonable
liberty to attend his counsel and the court
when occasion may require and that the
petitioner shall not be taken or removed
out of jurisdiction of the Circuit Court
of St Louis county nor be subject to any
severity on account of his application for
freedom -
Given under my hand at my
chambers this 23 may 1832.
Will C Carr
In the Jefferson Circuit Court July Term 1832
County of St Louis SctSam a person of colour
by leave of the court here suing as a poor
person by Geyer his counsel assigned complains
of Alexander P Fields & Elijah Mitchel of a
plea of trespass assault & battery and
false imprisonment for that the
said defendant heretofore to wit on the
twenty second day of May in the year
of our Lord eighteen hundred and thirty
two made an assault upon the said
Sam the plaintiff to wit at the county afore
said and then and there beat bruised
and wounded & illtreated him the said
Sam and there and there imprisoned
him the saidSam and kept and detained
and still dothkeep and detain him
in prison there as a slave, without any
reasonble or probable cause whatsover
contrary to the law of the land and against
the will of the plaintiff and the said plaintiff
avers that before and at the time of committing
the grievances aforesaid he was and
still is a free person yet the said defendant
then & there held & still holds & detains
him in slavery contrary to the law of
the land at the county aforesaid
and the wrongs to the said plaintiff then
and there did to the damage of the plaintiff
of five hundred dollars & therefore he
brings suit
Geyer forPlff
County of Saint Louis Ss
The State of Missouri To the Sheriff of the County of Saint Louis greeting
We command you to summon Alexander P Fields and Elijah Mitchel that
they be and appear before the Judge of our Circuit Court at the next July
term thereof to be held at the City of St Louis within and for the county of
Saint Louis on the fourth Monday of July next then and there to answer
unto Sam a person of color by leave of the court here suing as a poor
person of a plea of trespassassault and battery to the damage of
the plaintiff of five hundred dollars
Witness Archibald gamble Clerk of our
said Circuit Court at office this Twenty third
day of May in the year of our Lord One
thousand eight Hundred and thirty two Archibald Gamble Clerk
Copy of order of the Judge permitting plaintiff to institute suit County of St Louis
Having considered the facts stated in the foregoing petition and affidavit
I do hereby order and direct that the petitioner be permitted to sue as a poor person to
establish his right to freedom and Henry S Geyer is assigned as counsel for said petitioner
and I do further order adjudge and direct that the petitioner have resonable liberty
to attend his counsel and the court when occasion may require and that the petitioner
shall not be taken or removed out of the jurisdiction of the circuit court of St
Louis county nor be subject to any severity on account of his application for freedom
Given under my hand at my chambers this 23. May 1832 Will C Carr
Served this writ on Alexander P Fields on the 24th
day of May 1832 by offering to to him the
declaration and the copy of the order of
judge the plaintiff to which
he refused to hear under
on the 26th of of the
month by offering to head the writ and declaration
to him and the order if the judge which
he referred to all of which was done in
city of St Louis
John K Walker
Service $ 200
Excuted on Elijah alias
H. G . Mitchell his
refusing to hear
it read &c
No 49
In St Louis Cir Ct
July T. 1832
Sam
vs
Fields & Mitchele
Issue a summons
with copy of order
GryerFiled 23rd may 1832 Archibald Gamble clerk
By the Habeas Corpus ActThe State of Missouri -To George Hammond Esq. Greeting.
You are hereby commanded, that the body of Sam
a person of color who has been permitted to sue
for his freedom, in your custody (as is said) detained
under safe and secure conducttogether with
the day and cause of his captor & detainer by whatsoever name he may be called, you have before
the Circuit Court for the County of St. Louis -
on the 30th day of May 1832, at the
Court house - - - - in the county of St Louis
then & there to do submit to and receive whatsoever
shall be considered in that behalf -
Witness William C Carr Judge
of the there Judicial Circuit State
of Missouri -at- St. Louis this 26th
day of May 1832>
Will : C. Carr
I have the body of the petitioner Sam before said
Court as furthercommanded on the 26th instant
at Jefferson County Missouri a warrant
wasdelivered against
Martin Mitchel & H C Russel the said Mitchel
calls his name Henry G Mitchel said
Mitchel & by virtue of a warrant for
Kidnapping & on the day aforesaid
said Sam was put in the jail of said County where
he has been kept & detained forsafekeeping
& for no other cause
May 30th 1832.
G Hammond
Sam
By the Habeas Corpus
State of Missouri
County of St Louis
Carr Judge of
the third JudicialState of Missouri
St Louis County
The petitioner Sam having
been this day brought before me the Judge of
the Circuit Court for St Louis County by writ of
HabeasCorpus and the persons in whose possession
said Sam was found having refused to
enter into Recognizance as required by law in
that behalf - I do therefore order & direct that
the sheriff of St Louis County do take possession
of the said Sam & hire him and from
time to time during the pending of the petitioners
suit for freedom & that the Sheriff take Bond
from the person or persons who when shall hire the
petitioner in the final sum of six hundred
dollars such as said shall
approve conditioned that said Sam shall
at all times during the pending of his said
suit have reasonable liberty of attending his counsel & the Court & that the said Sam
shall not be removed out of the jurisdiction
of the Circuit Court of St Louis County or
subjected to any severity because of his application
for freedom and that the person or persons
having said Sam shall pay the here at the
time stipulated & return said Sam to said
sheriff at the of the time for which
he is hired or sooner if the action shall
sooner be determined - Given under my
hand this 30th May 1832
Will :C. Carr
No 49
St Louis Circuit Court
July Term 1832
Sam-
vs
Elijah Mitchel
& Alex P Fields
orderfor
Juris
ads
Form
And the said defendants
by their attorney come and defend the force
and infamy where &C and say they are not
guilty of the grievances above in said declaration
laid to their charge in manner and force
as the said plaintiff hath above alleged, and
of this they putthemselves upon the county&c
Filed 26th July 1832 Archibald Gamble Clerk G W Foreman
atty
Suggestion of death of plff suit Book 6 to page 489
No 49
Saint Louis Circuit Court
July Term 1832
Sam
vs
Elijah Mitchel &
Alex P Field -
Plea not Guilty
Foreman
attyFiled 26th July 1832 Archibald Gamble Clerk