No 50 Saint Louis Circuit Court Court
November Term 1833
by her real friend
vs
M. P .
This is an action of
Trespass Damages $100
Set a
Atty for PltffFiled4 October 1833 Archibald Gamble Clerk
Executed this writ on Mary by offering
to read to him it and the decleration together
with the order of the Judge of the Court
which he refused to hear saying he
perfectly understood their Contents and
acknowledged the service of the same in the city of the Louis on the fourth
day of October 1833
John R Shff
Dp Shff
County of St Louis
In the Circuit Court
November Term 1833
Marcelline Vincent an infant
under the age of 2 years Charles his
friend complains of P. of trespass for that whereas the said Marcelline before
and since the commission of the trespasses hereinafter mentioned, by the said on the first day of June in the year 1833 at the St. Louis Court at the County aforesaid was and ever since hath
been a free person, and for that the said she being a free person as aforesaid on on the day and
year last aforesaid, with force and arms at the County aforesaid did then and there hold and as a slave an assault upon her the said Marcelline then and there did make and then and there be
and illtreted her the said Marcelline and then and
there imprisoned her the said Marcelline and kept
and detained her in prison there, without any reasonable
or probable cause whatsoever, for a long space of
time, from the day and year last aforesaid until
the commencement of this suit contrary to the laws
of this and against the will of her the
said Marcelline and other wrongs to the said Marcelline
then and there did to the damage of the said Marcelline
of one hundred dollars and therefore she brings her suit
by Charles friend
Attorney
County of Saint Louis .The State of Missouri To the Sheriff of the County of Saint Louis Greeting
We command you to Summon Marie Leduc P Leduc that he be and appear before the Judge of our Circuit Court
at the next term thereof to be held at the city of St Louis within and for the county of Saint Louis on the
fourth monday of November next then and there to answer unto Marcelline Vincent an infant under
the age of twenty one years who by Charles D St Vrain his next friend of a plea of trespass to the dam
-age of the said Marcelline of one hundred dollars and have you then there this writ
Witness Archibald Gamble Clerk of our said circuit count at office
this fourth day of October in the Year of Our Lord one thousand
Eight Hundred and thirty three.
Archibald Gamble Clerk
Copy of the of the Circuit of the State of Missouri of the on , petition of plaintiffs
The within named minors Adolphe, Marcelline and Maria on the within petition are
hereby permitted to sue by their next friend Charles D St Vrain as poor persons to establish their right to freedom agreeably to the provisions of the Statute in such case make and
provided, and Arthur L is hereby assigned as their counsel and it is ordered that
the said Adolphe, Marcelline and Maria have reasonable liberty of attending the Courth and their
Counsel when occasion may require, and that they be not removed out of the Jurisdiction of this Court during the of this suit, or subjected by reason thereof to any
severity.. Given under my hand this 3 day of 1833
The above is a true copy of the order of the Judge in that behalf
Archibald Gamble Clerk
is a of the order of the in that
vs
M. P.Leduc
Plea
And the said M. P.Leduc comes and &
defends the wrong when and
says that he is not guilty of the trespass
above said to his change in manner &
form as the said plantiff has above in
alleged against him and of
this he finds himself the County
EBaly
And for a further plea in This
behalf the said defendant was that the
said plaintiff is a Slave, without This That
the said plaintiff is a free person in
in manner and form as in the declaration; above
supposed, and of this he finds himself
upon the county
filed Nov 26 1833
Against
Non Suit Book 7202 218
& -for 1 cent 326
140
No 50 November Term 1833
Marcelline Vincentvs
M. P.Leduc
2 plea
1. not guilty
2. : not free
filednov 26 1833 AGamble Clerk
County of St. Louis ,sct.State of Missouri ,To any Judge or Justice of the Peace of Greeting.
We, reposing special trust and confidence in your integrity and circumspection, do require and command you that you cause
to come before you such person or persons as shall be named to you by Marcelline Vincent an infant
D St Vrain her next friend or lyekaine P. Leduc their attorney or agent, and him or them examine upon
his, her or their corporal oath ( to be by you administered) touching their knowledge of any thing that may relate to a certain
matter
of controversy, now pending in our Circuit Court , for the county of St. Louis , wherein said Marcelline by her next
friend Charles D St. Vrain is plaintiff and Marie P. Leduc is defendant on the part of theplaintiffand having so reduced the said depositions so taken by
you as aforesaid into writing, you are required to send the same, together with this commission, enclosed under your seal,
to our
said Circuit Court , with all convenient speed.
Witness, Archibald Gamble , Clerk of our said Circuit Court , at the City of St .
Louis , this sixteenth day of October in the year
of our Lord, one thousand eight hundred and thirty- four. Clerk, C. C.
Hancock County .
To Garland and &
You are hereby commanded to appear before me
at the office of Wesley Williams in Carthage on
the 28the day of 1834 at 10 Oclock A.M. then & there to testify the truth, in a
in suit. Wherein Louise Vincent a woman
of is Plaintiff & Marie P Leduc is defendant the
Vincent an in of and Marcelline Vincent in front and this you are not to omit under the penal-
-ty of the Law Given under my hand & seal
this 28the day of Oct 1834.
I I acknowledge services of the within this 28th day
of Oct. 1834
J. Garland
I acknowledge services of the within this 28th day
of October 1834
James White
I Freeman do certify that James White the wit-
-ness above mentioned who has acknowleged services of
the within space lives without the Jurisdiction of the
state so that process of attachment could not
him. Given under my hand and seal this 29th day of October 1834
Depositions of witnesses , sworn
in the County of Hancock & State & Elam S Freeman an acting Justice of
County & State aforesaid in a certain cause now. depending in the St Louis Circuit Court for
the County of St Louis & State. of Missouri between Marcelline
Vincent an infant of , by, her, next friend Plantiff vs..
Marie P Leduc Defendant On the part of the Marcelline Vincent who is is plaintiff as aforesaid
Garland of
age being produced sworn & examined On the part of
this plaintiff in the above can and says that the
above named Marcelline Vincent infant of color was
uniformly or generally with her mother Louise Vincent
during her said Mother's residence at Fort Edwards
in Hancock co Ills, and that he the said Defendant saw her together with her Mother, and infant brother at
the place aforesaid at intervals of several months
and has no knowledge of their having been removed
out of the state of Illinois during the time, and
further this defendant saith not -
J Garland
I Elam S Freeman an acting Justice of the peace in and
for the County of Hancock & State of Illinois do hereby certify that Garland .. the , was by me sworn to testify the whole
truth of his Knowledge touching the matter in controversy in
the aforesaid; was Examined, and his
Examination reduced to writing and subscribed by said
, in my presence On theTwenty Eight day
of October in the in the year Eighteen hundred and thirty four
between the Hours of 2Oclock, noon 5 Oclock. after-
noon, same day at the office of Wesley Williams in Carthage
in the County of Hancock & State of Illinois Given
and certified the 28th day of October 1834.
. P.
,an acting Justice of the peace.
County of Hancock in the State of Illinois
of the within commission and
before me at the office of Wesley
Williams in the County of Hancock in the
State of Illinois Garland , who was thereby
sworn and examined and examination reduced to writing and subscribed by him in my presence and
his said Deposition is now herewith remited Given at
the office of Wesley Williams in Carthage in the County and State last aforesaid this 28th day of October in
the year Eighteen hundred and thirty four.
Filed and opened 6th November
1834
Archibald Gamble Clerk
for Plff
v
Marie P Leduc
Depositions
for
St Louis Missouri
State Of Illinois , Hancock County .Ss.
I, Wesley Williams , Clerk of the County Commissioner's Court of said County, do
hereby certify, That Elam L. Freeman whose name ap
-pears to the foregoing certificate, was, on the day of the date thereof, an acting Justice of the
Peace, in and for said County, regularly commissioned, and qualified, as appears of record,
and that as such, full faith and credit are, and of right ought to be given to all his official acts.
In Testimony Whereof, I have hereunto affixed the seal of
said Court, at Carthage , in the County aforesaid, the
Twenty Eighth day ofOctoberA. D. 1834 Wesley Williams Clerk.