To the Honorable the Judge of of the Circuit Court within
and for the County of St. Louis
The petition of Louis a man of Color
, that he is by birthentitled to his freedom by being born
of a Negresse, named Rose who was borne in Montreal in
Canada - That in the Year seventeen hundred and ninety one
or there abouts the said Rose was removedfrom Canada by a
certain John Strike, an Indian Trader, to his trading post at
Prairie in the Northwestern Territory of the United
States west of the river Ohio and was there detained by the
the said John Strike, as his slave, until the death of said
Strike, which took place about the year 1793 or 94 - that
he is informed that after the death of the said Strike
aforesaid, she was broughtdown to St Louis by a certain
Andrew Todd a traderwho sold her to a certain D Didier
the Curate of the parish, contrary to the provision of an
Ordinance of the Congress of the United States , entitled an
Ordinance for the Government of the Territory North West of
the River Ohio passed July 13th 1787, that she remained
said Didier as his slave and was afterward sold by him
as his slave, as to one Auguste Chouteau who is
dead,
Your petitioner further States that after the death of
said Chouteau , at a of the per Estate of said
Chouteau , he was bid for and to one
Chouteau in whose possession he nowremains held by
him as a slavecontrary to the provisions of the ordinance
afore stated Wherefore he prays that he may be permitted
to sue as a poorperson for the obtaining of his freedom, and
that Your Honorwillmake an order that he have reasonable
liberty to attend his Counsel and the Court, and that he shall
not be subjected to any severity on account of his
forfreedom, nor be removed out of the jurisdiction of the court
Louis his
mark
qua testes,
F. Kritschman Sworn to and subscribed before me
this sixth day of May, a. d. 1843. Fr. Kritschman , Justice of the peace, St. Louis County, Missouri .
In the Circuit Court
County of St Louis
ss:
By the Honorable Bryan , Judge of
the Circuit Court aforesaid
The Petitioner has leave to establish his right to freedom, He
is permitted to sue as a poor person and Duncan
Esq is assigned to him as Counsel
it is ordered By the Court that he have reasonable liberty
to attend his counsel and the Court, as occasion may require, and
that he shall not be removed out the jurisdiction of the court
nor be subjected to any severity on account of his application for
freedom.
Given at my Chamber this the
27th day of May 1843. Bryan MallanPlff
Judge 8th Judicial
Circuit of Missouri
Louis a man of color
Gabriel Ceni
Petition for Freedom
County of St. Louis , SS.
The State of Missouri ,To the Sheriff of St. Louis County࠸Greeting:
We command you to Summon Gabriel S. Chouteau
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 April next, then and there to answer unto Louis
Chouteau of a plea of Trespass
to the damage of said plaintiff of Eight hundred
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 fourteenth day of
February in the year of our Lord eighteen
hundred and forty four. Jn. 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
Plea filed Bk 13p8. suitJuly 18th 184416p35 set aside
filedsustd new suitset aside in pay of costs and
Court by counsel 18p315Court19p43.19 page 229
November Term 1832, Nov 22d 1852 new suit22p286.Mo to set asidenew
suit sustd30p428. Mosustdshff ordered to hire the pltff 30p444
Mo to reduce bondsustd30p540, Nov 25th 64 judgment by
agreement in favor of plff for one 33p642
32p642 I 26th 65 Mo to retax costs 33 p 65
4th 65 Bill Ex filed 33p73.
No 51
St Louis Circuit Court
April Term 1844
Louis Chouteau
vs
summons
Gabriel S. Chouteau
Suit for Freedom.
$ 800
Duncan & Cobb , p.q.
Filed July 17th 1844 Jn Ruland Clerkadditional costs on and to
1.75
July 7 65
(85)
Executed this writ intheCounty
St Louis on the 21st day of February 1844 by
offering to read it and the declaration to Gabriel
S Chouteau , which he refused to hear, and also
by makeingknown the contents of the within
order of the Judge to the said Gabriel S
Chouteau
William Milburne Shff
by N C Osbune Depy
fees $ 1.50
St Louis Circuit Court
Apl 7. 1844
vs
Gabriel S. Chouteau
And the trial defendant
by his attorney comes & defends the
force & injury when &.C. and says that
his not guilty of the said severaltrespass
& grievances in manner & as
the said plaintiff hath where thereof complained
against him & of this he puts him
self upon the county &.C.
Spalding & Jefferey
Attys for Deft
51 St Louis Circuit Court
Louis Chouteau
vs
Gabriel S. Chouteau
Plea
Spalding & Jefferey
attys.Filed 24th April 1844. Jn. Ruland Clerk
vs
Gabriel S. Chouteau
In the St. Louis
Circuit Court
April Term 1845
And now the said plaintiff
comes the Court by his
Attorney, to set aside thenew suit andreinstate the above
entitled suit upon, the docket, for
the following reasons, stated in
the affidavit hereto annexed,
Cobb Atty, for Plff
State of Missouri
County of St. Louis
Ss.
Before me John Ruland , Clerk
of the St. Louis Circuit Court , personally appeared
B. F. , who being by me duly sworn upon his
oath states that on or about the 4th day of February
last part Henry L. Cobb , placed in his hands
some business which he desired affiant to attend to for him during his absence said Cobb's absence
from the City of St. Louis - that among other
said Cobb , desired affiant to attend to a suit in the
St. Louis Circuit Court entitled Louis Chouteau
vs. Gabriel S. Chouteau - that in the morning of the day
on which said case was set for trial - affiant
with Josiah Spalding Esq. attorney offered on
the part of the defendant, about the trial of saidsuit
and informed said Shalding that said Cobb desired
a continuance of said case until his return from
the City of New Orleans - said Spalding replied
that it was of no avail for said case had been
settled by a decisionof our Supreme Court in a
similar case there lately decided - affiant remarked
that he knew nothing about said case, in Supreme
Court , and perhaps, Mr. Cobb , relied upon other prints
his suit and after said conversation,
according to affiant best knowledge and belief
and Spalding agreed to a continuance of the case
until said Cobb's return: said affiant further
states that he was present in the court on the
morning on which said case was set for trial
but that he did not hear said case called per trial
on its regular order, and therefore said affiant
inferred that said Shalding had continued
said case in accordance with the understanding between
him and affiant.
B. K. Sworn to & subscribed before me
this 1st day of July 1845 Jn. Ruland Clk
State of Missouri
County of St. Louis
Before the personally
appeared who being duly
sworn says that on or about the 4th day
of Feb. last, he desired B. Franklin Thomas to attend
to the suit of Louis Chouteau as Gabriel S. Chouteau
in the Circuit Court , if said suit should be called
on the docket during the absence of affiantfrom
this State that he would have the claim continued
& that on the return of said affiant to the State
said Thomas informedsaid affiant that said suit
had been continued, as stated in his affidavit above,
that said affiant returned to this City on or about the 4th
of March last, & has sincediscovered that a nonsuit
in said case on the 18th Feb. during his said absence
Sworn to, subscribed, July 1st 1845 John Ruland Clk
Circuit Court Cobb
In the Saint Louis
Circuit Court
April Term 1845
Louis Chouteau
vs
Gabriel S. Chouteau
Motionto setaside
nonsuit & c
Cobb
Atty for Pltffiled July 1st 1845 Jn Ruland Clk
County of St. Louis , SS.
The State of Missouri ,To Paschal Cerre , Michel Marle , Pierre Lariviere
Michel Fontaine , Mr. Cuigan , Mr. Pierre F Fouephe
Greeting:
You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our Circuit Court , on the nineteenth day of
December A. D. 1845 at the City of St. Louis , then and there to
testify, and the truth to say in a certain matter of controversy now pending in our said Court,
wherein Louis Chouteau is
plaintiff and Gabriel S. Chouteau
defendant on the part of the plaintiff
and herein you are in no wise to fail.
Witness, John Ruland , Clerk of our said Court, with
the seal thereof hereto affixed, at office, in the City of St
Louis , this first day of December
in the year of our Lord one thousand eight hundred and
forty-five. John Ruland Clerk, C.C.
Executed this writ in the
County of St Louis December 3rd
1845 by reading itto Paschall Cerre
Micheal Marle Pierre Lariviere
William Milburn Sheff
By R Dowling Deputy $ 2.50
further Executed the8th Dec by reading
it to Michael Fontaine & MrPrescie
Cuigan not found in my county
William Milburn
By Harris Dety
fees $ 3.10
In Circuit Court
Louis Chouteau
vs
Gabriel S. Chouteau
subpoena for Pltf
Paschel Cerre
Michel Marle
Pierre Lariviere
Michael
Fontaine
in Town S in Morisant
Francis Touche
Executed Wm Milburn Shrff
fee $ 2.50
County of St. Louis , SS.
The State of Missouri ,To Paschal Cerre , Michel Marle , Pierre Lariviere ,
Michel Fontaine ,
Greeting:
You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our Circuit Court , on the thirtieth day of
April A.D. 1846. at the City of St. Louis , then and there to
testify, and the truth to say in a certain matter of controversy now pending in our said Court,
wherein Louis Chouteau is
plaintiff and Gabriel S. Chouteau
defendant on the part of the plaintiff
and herein you are in no wise to fail.
Witness, John Ruland , Clerk of our said Court, with
the seal thereof hereto affixed, at office, in the City of St .
Louis , this 25th day of April in the year of our Lord one thousand eight hundred and
forty six Jno Ruland Clerk, C.C.
> Louis Chouteau
vs
Gabriel S. Chouteau
Subpoena
Pasch L Cerre
Mich Marle
Pierre Lammiere
Michael Fortaine
Executed Wm Milburn Shrff
fee $ 200
County of St. Louis , Ss.
The State of Missouri ,To Marianne Tison , Antoine Smith ,
Michael Marli
Greeting:
You are here by commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our Circuit Court , on the 30th day of April instant
at the City of St. Louis , then and there to
testify and the truth to say in a certain matter of controversy now pending in our said Court,
wherein Louis Chouteau (of Color) is
plaintiff and Gabriel S. Chouteau is
defendant on the part of the defendant
and herein you are in no wise to fail.
Witness, John Ruland , Clerk of our said Court, with
the seal thereof hereto affixed, at office, in the City of St .
Louis , this 27th day of April
in the year of our Lord one thousand eight hundred and
forty-six. John Ruland Clerk, C.C.
Louis Chouteau (of color)
vs
Gabriel C. Chouteau
Witnesses
Marianne Tison
Ant Smith
Michael Marli
Sub. for 30th April
Executed Wm Milburn Shrff fee $ 1.50
County of St Louis , ss.
The State of Missouri ,To Michel Marle & Pierre Lariviere
Wilson
Greeting:
You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our Circuit Court , on the 28th day of April
1847 at the City of St. Louis , then and there to
testify, and the truth to say in a certain matter of controversy now pending in our said Court,
wherein Louis Chouteau is
plaintiff and Gabriel S. Chouteau
defendant on the part of the plaintiff
and herein you are in no wise to fail.
Witness, John Ruland , Clerk of our said Court, with
the seal thereof hereto affixed, at office, in the City of St .
Louis , this 24th day of April
in the year of our Lord one thousand eight hundred and
forty-seven. Jn Ruland Clerk C.C.
Executed April 26th by reading except
Pierre Lariviere not found
Samuel Conway Sheriff
By Geo
Deptyfees $ 1.60
28 In Circuit Court
Louis Chouteau
vs
Gabl . S. Chouteau
subpoenas for plff
Paschal Cerre
Michael Marle
Pierre Lariviere
Wilson for 28th Apl.Jn Toure
April 24th
1847
S
County of St. Louis , ss.
The State of Missouri ,To Michel Fontaine Michel Cuigan
Pierre Piaute , alias St . Auge Mary Ann Tison
& M . Precis
Greeting:
You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our Circuit Court , on the 28th day of April
1847 at the City of St. Louis , then and there to
testify, and the truth to say in a certain matter of controversy now pending in our said Court,
wherein Louis Chouteau is
plaintiff and Gabriel S. Chouteau
defendant on the part of the plaintiff
and herein you are in no wise to fail.
Witness, John Ruland , Clerk of our said Court, with
the seal thereof hereto affixed, at office, in the City of St .
Louis , this 23d day of April
in the year of our Lord one thousand eight hundred and
forty-seven Jn Ruland Clerk C.C.
In Circuit Court
Louis Chouteau
vs
Gabl . S. Chouteau
Subpoena for pff.
Michel Fontaine
Michel
MrPrecie
Mary Tison
Pierre Piaute
alias St . Auge
for 28th Apl. 1847
All in St . Louis
except St Auge who
is now in town P. .
on 11between
Franklin Av .. & Wash St .
April 24
1847
Execute St Louis April 26th 1847.
Saml Shff
By Jn. C. Brown Dptyfees 210
County of St. Louis , SS.
The State of Missouri ,To Mr. Dufrene . & Jacob Boneau
Greeting:
You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our Circuit Court , on the 28th day of April
1847 at the City of St. Louis , then and there to
testify, and the truth to say in a certain matter of controversy now pending in our said Court,
wherein Louis Chouteau is
plaintiff and Gabriel S. Chouteau
defendant on the part of the plaintiffs
and herein you are in no wise to fail.
Witness, John Ruland , Clerk of our said Court, with
the seal thereof hereto affixed, at office, in the City of St .
Louis , this 27th day of April
in the year of our Lord one thousand eight hundred and
forty-seven Jn. Ruland Clerk, C.C.
In Circuit Court
Louis Chouteau
Gabriel S. Chouteau
Subpoena for plff
M . Dufrene
Jacob Boneau for 28th Apl. 47
Executed April 27th 1847 by reading
Samuel Conway
Sheriff
By Geo
Depty
Fees $ 1,00
Louis Chouteau
vs
Gabriel S. Chouteau In the St Louis
Circuit Court
April Term 1847
It is hereby agreed between
the parties in the above case, that this
case shall be continued until
the suit of Pierre vs Chouteau
shall be finallysettled,
Henry L. Cobb
Plff atty. Spalding & Tiffany
attys of deft
Louis
vs
Chouteau
Filed April 30, 1847 Jn. Ruland Clerk
County of St. Louis , ss.
The State of Missouri ,To St Auge , ,- Cuiguian, Pierre Riaute, Joseph Precie,
Michel Fontaine , - Larivierre , Francois
Rowan Dufrane , Michel Marle , Jaques Bouman ,
and Paschel Cerre ,
Greeting:
You are hereby commanded, that setting aside all manner of excuse and delay, you appear before
our Circuit Court , for the county aforesaid, on the eighth day of
February 1849 at the City of St. Louis , then and there to
testify, and the truth to say in a certain matter of controversy now pending in our said Court,
wherein Louis Chouteau is
plaintiff and Gabriel S. Chouteau
defendant on the part of the plaintiff
and herein you are in nowise to fail.
Witness, Wilson Primm, Clerk of our said Court,
with the seal thereof hereto affixed, at office, in
the City of St. Louis , this 24th
day of January in the year of our Lord
one thousand eight hundred and forty-nine Wilson Primm Clerk, C.C.
Executed this subpoena
in the County of St Louis
on the 29th day of Jan
1849, on Peter , Piante
Joseph Precie Michael
Fontaine Lariviere
Jaques Bouneau
St Augae Michael
Marle Rowan
Dufrene not found
Louis S . Sabeaume
Shff
By Franklin Depty
310
In Circuit Court
Louis
vs
Chouteau
Spa Paschal Cerre
Michel Marle (dead)
Rowan Dufreue
Lariviere
Jaques Bouneau
(In City)
Pierre Pianti
Joseph Precie
Michel Fontaine
Francois Touche
Cuigian
St . Auge
(In )for the 8th Feb. 1849
( 8)
Market man
market
Louis Chouteau
vs.
Gabriel S. Chouteau
In the St. Louis Circuit
Court State of Missouri .To theabove named plaintiff.
You are hereby notified, that Depositions of Witnesses to be read in evidence in the above
cause, on the part of the defendant will be taken at the office
of the Clerk of the Circuit Court
at the Court House
in the County of St. Louis and State of Missouri on the Sixth
day of February 1849 between the hours of 8 o'clock in the forenoon, and 6 o'clock in
the afternoon: and that the taking of said depositions, if not completed on that day, will be
continued from day to day, at the same place and between the same hours, till completed.
Gabriel S. Chouteau .
by his attorneys.
Served this notice in the county of
St. Louis this 2nd day of February 1849 by
delivering a true copy thereof to Louis
Chouteau
Louis T . Labeaume Shff
By J. C. Brown Depty
fee 50
Louis Chouteau
vs
G. S Chouteau
County of St. Louis , Ss.
The State of Missouri ,To Paschel Cerre Michel Marle Rowain Dufrene
Jaques Boumean Pierre Piaute & - Rene Paul Larivierre (In City)
Francois Fouche , Joseph Precie Michel Foutain and
Cuiguian (In Florissant )
Greeting:
You Are Hereby Commanded, that setting aside all manner of excuse and delay,
you appear before our Circuit Court for the County aforesaid, on the 4th day of
December 1850 at the City of St. Louis , then and there to
testify, and the truth to say in a certain matter of controversy now pending in our said Court,
wherein Louis Chouteau is
plaintiff and Gabriel S. Chouteau
defendant on the part of the plaintiff
and herein you are in no wise to fail.
Witness, Michael S. Cerre , Clerk of our said Court,
with the seal thereof hereto affixed, at office, in the
City of St. Louis , this 30th day of
November in the year of our Lord one
thousand eight hundred and fiftyM. S. Cerre Clerk, C.C.
In Circuit Court
Louis Chouteau
vs
Gabriel S. Chouteau
Paschal Cerre Dead
Michel Marle Dead
Rowaine Dufrene Dead
Jaques
Pierre Piaute
Rene Paul
Larivierre on 4th
first above
Poplar East Side
(In City)
Francois Fouche Dead
Joseph Precie
Michel Fortain Dead
Cuiguian or St . Auge
In Florissant for 4th Decr.
Executed except
Paschal Cerre
Michael Marle
Rowaine Dufrene
Jaques
Francis Fouche
Michel Fortain
Henry B Bett Sheriff
By L S Link Dept
fee $ 1.50
County of St. Louis , Ss.
The State of Missouri ,To Antoine Smith Marianne Tison Francis Tison
Greeting:
You are hereby Commanded, that setting aside all manner of excuse and delay, you
appear before our Circuit Court for the County aforesaid, on the 22nd of November 1852 at the City of St. Louis , then and there to testify,
and the truth to say in a certain matter of controversy now pending in our said Court,
wherein Louis Chouteau (of color) is
plaintiff and Gab . S Chouteau is
defendant on the part of defendant
and herein you are in no wise to fail.
Witness, Michael S. Cerre , Clerk of our said Court,
with the seal thereof hereto affixed, at office, in
the City of St. Louis , this 18th day
of Nov. in the year of our Lord one
thousand eight hundred and fifty two -M S. Cerre Clerk C. C.
Executed this writ in the County of St
Louis , on the 20 day of November 1854 by
reading the same to the withinnamed Anton
Smith , the within named Marianne Tison is not
able to come and Francis Tison not found
Jn M Shff
By G. Dpty
fee 70 cents
Circuit Court
Louis Chouteau
vs
Gab . S Chouteau
for Dep
Ant Smith
Marianne Tison
Francis Tison for 22 Nov 1844
In the St Louis Circuit Court
8th February 1849
It is hereby agreed by and between the
parties in the suits of Louis vs Chouteau
Charlotte vs Chouteau & Michel vs Paul
in which the undersigned are counsel
for their respective parties in this Court,
that the said suits shall abide the final determination of the suit of Pierre ve Chouteau ,
provided the same shall be tried upon its merits
& carried to a final determination; but in case
of the death of Pierre , or any cause preventing
a final determination on the merits in his suit,
then either of the other above mentioned suits
may be tried on its merits, & all depositions, &
documents adduced by plaintiff or defendant
which would be legal evidence in the case of Pierre
may be read on the trial of either of the above
mentioned suits (subject to the same exceptions
as they would be in the case of Pierre )
And it is hereby further agreed, that the
testimony for the plaintiff as well as for the
defendant, reported by D.C.Little, Reporter for
the Court on the former trial of Pierre , and
filed in this Court, may be read in evidence
on any subsequent trial of Pierre , or on the
trial of either of the above mentioned suits
by the plaintiff, or defendant according as the
tesitmoney was reported for the one or the other
only however when it shall appear on any of said
trials, that any of the witnesses whose testimony is
therein reported is dead, or that there is any legal
reason why any of said witnesses whose testimony it
is desired to read may not attend the court on any of
said future trials
Henry L . Cobb
Atty for Plffs
Louis
vs
Gab . S. Chouteau
Agreement of Counsel
filed October 13 1833M S. Carre Clk
State of Missouri
County of St Louis
sct
Charles Roderueau ,
being duly sworn on his oath says, that
he is jailor of the County of S Louis , that
he entered upon the duties of his office
as jailor aforesaid on the 14th day of August
1858; & that the affiant then & there found
a man named Louis (of color) confined in
the jail & that the only authority by which
he was then & there & is so held, as appeared
& yet appears in the office of jailor, is
the following entry on the book, known as
the jail record book:
"State
"vs
" Lewis Negro
"June 6th 1857 Committed by Sheriff
for Safe Keeping"
And affiant further states that he
has held & now holds the said Louis ,
subject to the order of the Sheriff or
the order of the Court.
Louis Chouteau
vs
Gabriel S. Chouteau
Affidavit of
Charles Roderueau
Jailor on motion
for order to hire out
pff.
In St Louis Circuit Court
Louis Chouteauvs
Gabriel S. Chouteau
For Freedom
And now comes the said
plaintiff & moves the court to make an order
on the Sheriff to hire the plaintiff out, as
provided by the Statutes, See 8 Chap 69 in the
act entitled "an act to enable persons held in
slavery to sue for their freedom"
1st. Because B. M . Lynch who
was about to remove the plaintiff out of the
jurisdiction of the Courts either by himself or
by his agent has failed to enter into the recognizance required of him by the Statutes in such
case made & provided
2d. Because the plaintiff was by the
Sheriff committed to the common jail of
St Louis County, for safe keeping, on the 6th
day of June 1857 & now remains in said
jail under &by virtue of said commitment
he the said plaintiff being in the possession
of the Sheriff
H Cobb
for Plff
In Circuit Court
Louis Chouteau
vs
Gabriel S. Chouteau
Motion for order on
Sheriff to hire out so
filed by leave of
Court Jany 21st H . Cobb
Atty for Plf
State of Missouri
County of S Louis
sct.
Louis Chouteau , the plaintiff
in the above named suit, of Louis Chouteau
vs Gabriel S. Chouteau , being duly sworn
on his oath says that on the 6th of June
1857 he the plaintiff was committed by
the Sheriff of St Louis Court, for safe keeping
to the Common jail of said County, where
said plaintiff is now kept to prevent
him said plaintiff from being removed
out of the jurisdiction of this Court, on account
of his suit for freedom, & affiant
further says that the other facts stated
in the above motion are true to the best
of his knowledge & belief
Sworn to
this
before me
In the St Louis Circuit
Court
Louis Chouteau
vs
Gabriel S. Chouteau
Motion to set aside
judgment of new suit,
& to reinstate this
suit on the docket
filed by leave of Court
Jany 21 1861S Rice H Cobb
Pfs . Atty
plaintiff (of color)
vs
Gabriel S. Chouteau
In the S Louis Circuit
Court
January 23rd 1861To the Sheriff of St Louis County:
You are hereby notified that a motion is
pending in the above named suit to order
the Sheriff to hire out the plaintiff in
accordance with Sec. 8 Chap. 69 of the
Statutes of Missouri on the subject of freedom
& that said motion will be called up for
action thereon by the Court aforesaid, at
the Court House, in the City & Court of St Louis
State of Missouri , on the 24th day of January
1861, at the hour of 10 o'clock A.M.
or as soon thereafter as the attention of the
Court can be given to the consideration
of the said motion, when & where you will
please attend & show cause if any you
have, why said motion should not be
granted by the Court
Henry Cobb
Atty for Plff
I John H. Andrews , Sheriff of the County
of St Louis , hereby accept the service of
of the above notice & waive objections to
time of action on motion
John H Andrews Shff
Theodore La Beaume Dpy
In the St Louis
Circuit Court
January 21st 1861
Louis Chouteau
vs
Gabriel S. Chouteau
Notice to Sheriff
of motion for order
on him accepted-
service
Filed Jany 24th 1861 H. Cobb
PlfsAtty
vs
Gabriel S. Chouteau
In the St Louis
Circuit Court State of Missouri
County of St Louis
sct.
Be it remembered
that Bernard M . Lynch , being duly sworn
on his oath says that he is now, & has been
for about twelve years engaged in the
business of buying & selling slaves, that
Louis the plaintiff in the above named
suit was placed in the possession of
the affiant on or about the first of the
month of June in the year 1857, & that
soon thereafter said Louis was delivered
by affiant to the Sheriff of St Louis Court
on a warrant issued by A. Hamilton
Judge of the Court aforesaid, as a suit had
been brought by said Louis for his freedom
against Gabriel S. Chouteau ; & affiant further
says that he estimates the value of said
Louis as a slave to be about six hundred
dollars,
B. M . Lynch Subscribed & sworn to
before me Jany 24th '61S. Rice Clk
In Circuit Court
Louis Chouteau
vs
Gabriel S. Chouteau
Affidavit of B. M . Lynch
Filed January 24th 1861S Rice Clk
State of Missouri
County of St Louis
sctTo the Sheriff of said St Louis County; Greetings
beingnow to appear to the oath & action,
of the undersigned Judge of the St Louis
Circuit Court that by the affidavit,
of .I. P . Fouche Esq. that Louis
of color, is about to be removed,
out of the jurisdiction of said Circuit
Court there are therefore to,
command the said Sheriff to seize
the said Louis wherever he may be
found and him bring him before
the undersigned at chambers
of the office of the Clerk of said
Court of the Court House in the
City of St Louis on Monday
the 8th day of June AD 1857 at
the hour of 9 AM and you
are further commanded to summon
summon B M Lynch or other
person in whose possession the said
Louis may be found then and
there to appear before the undersigned
given under my hand this sixth
day of June in the year of our Lord
eighteen hundred fifty seven
A Hamilton
Judge 8th Cir
of Cir
Executed this writ by serving B M
Lynch the 6th day of June 1857
to appear before the Judge of the
Circuit Court on the 8th June 1857
at the hour of 9 oclock A M at the
office of the Clerk of the Circuit Court at the Court House
Executed further the 8th day of
June 1857 by having the Body of Louis
a man of color before, Judge
Hamilton of the Circuit Court
of St Louis County of the office of the Clerk
of the Circuit Court at
the Court House
James Castello Sheriff
Ed Castello Depty
fee 2.00
Louis (of color)
(Entitled) Louis Chouteau
vs
Gabriel S. Chouteau
Application for warrant
8th June 1857
Filed Jany 28 1861S Rice
Clk
Executed this writ by having the body of Louis of color before Hon. Defendant Hanllu Judge of the Circut Court of St. Louis County
June 8th 1857
Fee 2.00
James Castello shff
by Ea J Casella Dept
State of Missouri
County of St Louis
ssIn the St Louis Circuit Court
September Term 1860
January 28th 1861
vs
Gabriel S. Chouteau
Order to hire Plaintiff
It is ordered by the Court
that the Sheriff of St Louis County hire
said Plaintiff out to the best advantage from time to time during
the Pendency of this suit and take a bond from the hirer, payable
to the State of Missouri in the penalty of one thousand dollars,
with such security as he approves, conditioned that the
petitioner shall, during the pendency of this suit have reasonable
liberty of attending his Counsel and the Court, that he shall
not be removed out of the jurisdiction of the County where
the suit is pending, and that he shall not be subjected to any
severity on account of his application for freedom; and further
conditioned that the hirer will pay the hire to the Sheriff
and return the petitioner at the expiration of the term
for which he is hired, or as soon as the action is
determined
State of Missouri
County of St Louis
ss.
I Stephen Rice, Clerk
of the Circuit Court within
and for the County and State aforesaid, certify
the foregoing to be a true copy from the
records on file in my office
In testimony whereof I hereto subscribe
my name and affix the
seal of said Court this 28th
day of January A D 1861 Stephen Rice Clk
Louis Chouteau
vs
Order to hire
Plaintiff
Gabriel S. Chouteau
Mo to reduce bondsustd
Louis Chouteau
vs
Gabriel S. Chouteau In the St Louis
Circuit Court
September Term 1860
January 28th 1861
It is ordered by the Court that
the Sheriff of St Louis County hire said
plaintiff out to the best advantage,
from time to time, during the pendency
of this suit, and take a bond from the
hirer payable to the State of Missouri
in the penalty of one thousand dollars,
with such security as he approves, conditioned
that the petitioner shall, during
the pendency of this suit, have reasonable
liberty of attending his counsel and the Court,
that he shall not be removed out of the
jurisdiction of the Court where the suit
is pending, & that he shall not be subjected
to any severity on account of his application
for freedom; and further, conditioned that
the hirer will pay the hire to the Sheriff,
and return the petitioner at the expiration
of the term for which he is hired, or as
soon as the action is determined.
Louis Chouteau
vs
Gabriel S. Chouteau No. 51 April Term 1844
St Louis Circuit Court
of Costs:
Clk Rice 4.40
Clk Thomkins 2.80
Clk Ruland 7.40
Clk 1.00
Judge 3.00
Clk Cerre 1.75
Shff 30
Shff 5.30
Shff Belt 1.20
Shff Winer 1.00
Clk White 50
S Larivier 3.50
Pascal Cerre 6.50
Jn 2.30
Jn Marli 2.00
Shff Millburn 8.60
Jailor Roderman KeepingPlff 918. ( 36 275.40
Jailor Logan 434 ( 30 13.20
Jailor Lagan fee 75
࠸
Total $ 457.90
The accounts filed & sworn to by Roderman & for Logan Show that the plaintiff was committed to the Jail June 6, 1857 under our Circuit Court , and was
delivered to Sheriff Andrews . (under an order of same Court) February 16, 1861
Clk
Louis Chouteau vs Gabriel S Chouteau
Costs
Cal 11.
Louis of Color Plaintiff
vs
Gabriel S Chouteau defendantIn St Louis Circuit
Court
St Louis County
Parties in above entitled cause
So Charles Roderman Jailor D
inkeep of said Louis in the County sent, committed
bySherriff Castello (under order of Circuit Court ) on
the 6 June 1857 and delivered to Sheriff Andrews
16 Feb 1861 under order of said Circuit Court
918 days at 3 perday - $ 275.40
State of Missouri
County of St Louis
ss.
Charles Roderman being duly sworn
says that the above account is Correctly
stated, and that the said amount of $ 275.40 is
justly due and him for Keeping said Louis under
the of Court during the time he said Roderman was
Jailor of St Louis County .
Chas . Roderman Sworn to before me November
30. 1864 J Thornby Clk
C Roderman
Filed Nov 30. 1864 J Thornby Clk
agst
Gabriel S Chouteau Deft
In St Louis
Circuit Court
Nov 30. 1861
Now at this day comes
the Plaintiff by his atty and moves the
Court to reduce the amount of the Bond
heretofore required, first Because: The
same is excessive in view of the value
of the property, which is not worth
more than four hundred Dollars.
Because; The Sheriff is unable to hire
the Plaintiff upon the terms of the Bond
Because; The Plaintiff is confined in
a dungeon without having committed
any offense, and has simply presented
his petition for his freedom
Louis S Chouteau
By & Bayes
his attys.
Louis S Chouteau
Plf
vs
Gabriel S Chouteau
Motion to reduce
Amount of Bond
Filed Feby 14 1861S Rice
Clk
vs
Gabriel Chouteau defendant
In St Louis Circuit
Court
St Louis County
Parties in above entitled cause
So Robt F. Logan Jailor for
keep of Said Louis in the County Jail Committed by
Sheriff Castello (under order of Circuit Court ) on 6th June
1857 and delivered to Sheriff Andrews 16th Feby 1861 under
order of said Circuit Court
Being 434 days at 30 per day $ 130,20
fee 75
$ 730,95
County of St Louis ss.
J Louis being duly sworn
says that during the time in the
above account he was DeputyJailor
for R F Logan , that said account is
correctlystated and that the saidamount
of $ 130.95 is justly due and owing to said
Logan for keeping said Louis under the order
of Court during the timehe said Rob Logan
was Jailor of St Louis County.
Sworn to before me November
30th 1864 J . Thornby Clk J.L .
R F Logan
Filed Nov 30. 1864 J . Thornby
Clk
Louis
vs
Gabriel S. Chouteau No 57.
April Term 1844
of the St Louis Circuit Court
The said defendant Gabriel S. Chouteau
moves the Court here to retax the costs in
this cause, and to disallow the following items
thereof that is to pay.
1st The costs taxed in favor of Clerk Rice, $ 4.40
for the reason that the said cause was not on the
docket while the said Rice was Clerk.
2d. The costs taxed in favor of the several witnesses
Lariere , Cerre , Fontain and Marle - for the reason
that said witnesses were never summoned in this
Cause in that of Charlotte v Chouteau
in which cause their allowance was charged
and has been paid
3. The costs taxed in favor of Jailor Roderman Sheriff of Malbourn for
the reason that the services charged for were
not incurred by the request of defendant or by
virtue of any rightful or lawful authority
4. The costs taxed in favor of Jailor Logan - for the
reason that the same were not incurred at the
request of Defendant or in pursuance of any lawful
or rightful authority.
5. The costs taxed in favor of turnkey- for the reason
that the same was not incurred by any rightful or
lawful authority.
And defendant files herewith an abstract
of the bill of costs.
Thos J. Gautt p.d.
Louis
v
Chouteau
Motion to retax
costs.
Filed Dec
27th 1864H A
Clk
vs
G. S. Chouteau
Be it remembered that on the coming on
to be heard of the motion to retaxcosts in
this cause, the defendant showed to the
Court here all the orders that had been made in the
cause respecting the living of the plaintiff and all
the motions made by either party respecting the same
in the words & figures following. (here set them out)
and the defendant also read the following accounts
and affidavits by Roderman R F. Logan J L Munch - in
the words & figures following (here set them out)
and it was shown that upon these accounts and affidavits
and no other testimony the clerk had
taxed the said items of $ 130 and $ 275.40, and this
was all the testimony in the cause. The Court overruled
the motion of plain Defendant to retax the said costs.
And the defendant excepted thereto at the time & presented
his bill of exceptions of it he signed&
made part of the record, which is done.
James C
Judge
Filed Feby 4th 1865
J A H
Clk
Louis
vs
Chouteau
Motion to stay costs
overruled
This cause above by agreement
of parties the cause of Charlotte
agst Chouteau final judgment
therein& having been rendered
for the pltff his owned adjudged
H What this
cause be rendered for pltff upon
the issues and that the go hence
dey and that he also
of the defendant for
the damages to him
the sum of one cent and
cents
Chas
& Richman ,
To Hon. Saml Breckenridge
Judge Circuit Court St Louis
Having received application for hire
of negro man Louis Chouteau from
Mrs Brethristh at one Dollar per month
Bond of $ 500. I respectfully
request the Bond may be so conditioned
John H Andrews Shff
Theodore Labeaume Dty
now at this daycause
now at this day cause the by
R Gamble
101499
650222
385959
264267
5111499
660222
485955
174267
173440
823
10 3
348855
6 10 6 3
4 8 5 9 5 5
6 3
6 10
3 8 5 9 5 5
6 8
18
9321
vs
Gabriel S. Chouteau
In St Louis Circuit
Court
State of Missouri
County of St Louis
Sct
Be it remembered,
that Edward J Castello being duly sworn
on his oath says, that on the 6th day
of June 1857, James Castello was Sheriff
of the County of St Louis , & that affiant was
deputy Sheriff, that as deputy Sheriff aforesaid
affiant executed a warrant, issued by
A. Hamilton Judge of this Court, on the day &
year aforesaid, & placed the negro Louis , the plaintiff in this suit, for safe keeping in
jail on the day & year aforesaid, & on the
8th day of June 1857 affiant brought the
body of said plaintiff Louis . before Judge
Hamilton according to the order of said warrant
on which 8th day of June 1857, said
Judge ordered the Sheriff to hire out the
plaintiff, as his right to his freedom was
not settled on the suit he had brought for
his freedom against Gabriel S. Chouteau
that the affiant & the there Sheriff endeavored
to hire out said plaintiff but received no
offer on account of the bond required by law
to be given & affiant further says that he
knows not what had become of said order
to hire out said plaintiff, but thinks
that said order must have been left
with the jailor of the County of St. Louis
the said plaintiff was last placed
in the hands of said jailor, by said affiant
as deputy Sheriff aforesaid.
In St. Louis Circuit Court
Louis Chouteau
vs
Gabriel S. Chouteau
Affidavit of E . J . Castello
vs
Gabriel S. Chouteau
In St. Louis Circuit
Court
And now comes the said
plaintiff & moves the Court to set aside the
judgment of non-suit rendered in this Cause,
& reinstate the suit upon the docket, for
the following reasons -
In Because, by agreement of Counsel
of record on file in this Court in this case
& in the cases of Pierre vs Chouteau & Charlotte
vs Chouteau , it was, among other things agreed,
that the suit of Louis v Chouteau , should
abide by the final decision of the Supreme
Court of Missouri on the merits of the case
of Pierre vs Chouteau or of Charlotte vs Chouteau ;
while at the same time it appears from the
records of this Court that Pierre was removed
from the jurisdiction of this Court, before
his case was finally determined on its merits;
& while also it appears from the records of
this Court, that on the last trial of the suit
of Charlotte vs Chouteau , judgment was rendered
for the plaintiff, & that on appeal by the
defendant final judgment has not yet
been rendered in said last mentioned case
by the Supreme Court .
2d. Because, by agreement of Counsel of
record on file in this Court, controlling this
case, together with the record history
of the other suits of Pierre vs Chouteau &
Charlotte vs Chouteau , the judgment of nonsuit
in this case, is palpablynull & void, as a
manifest clerical error.
3d Because by warrant issued by the
Judge of this Court, dated 6th June 1857
to prevent the plaintiff in this suit
from bring removed out of the jurisdiction
of this Court, by B.M . Lynch , or other person.
Said Lynch was summoned & the body of plaintiff
was brought before the Judge of this
Court on the 8th day of June 1857 by the
Sheriff of St Louis County, the said plaintiff
having been committed on the 6th day of
June 1857 by the Sheriff to the County Jail,
for safe keeping, where said plaintiff is
now kept by virtue of said commitment
of said Sheriff.
4th Because from the facts in this
case, on record it is plainly understood by
both the plaintiff & defendant, as well as
agreed by the counsel of record in the case
that this suit should stand & abide by
the final decision, on the merits of the
case of Charlotte vs Chouteau which is
now pending in the Supreme Court ,
5th Because the judgment of nonsuit
must have been rendered without the
knowledge of the attorneys of record in
the case & without examination by
the Court of the agreement of counsel
of record in this case
Henry Cobb
for Plff
In the St Louis Circuit Court
Nov. Term A,D, 1843
County of St Louis
Louis Chouteau complains
of Gabriel S. Chouteau , of a plea of trespass,
For that the said defendant on the first day
of May A.D. 1843 with force & arms & C. an
assault did make &C. to wit at the County aforesaid
upon the said plaintiff & then & there
beat bruised & illtreated him the said plaintiff
& then & there imprisoned him the said plaintiff,
& detained him in prison there, without any
reason or probable cause whatsoever, for
a long time to wit, for the space of two
hours, there next following, contrary, to
the Laws of the State & against the will
of the said plaintiff,
And the said plaintiff avers that before
& at the time of the committing of the
above grievances to wit at the county aforesaid he the said plaintiff
was, and still is, a free person & that
the defendant held & still holds him in slavery,
And other wrongs to the said plaintiff then
& there did, to the great damage of the said
plaintiff, & against the peace & dignity of the State
Wherefore, the said plaintiff saiththat
he is injured and hath sustained damage
to the amount of eight hundred dollars
and therefore he his suit & C.
& Cobb
atty for plaintiff
In the Circuit Court
Nov Term 1843
Louis Chouteau
vs
Gabriel S Chouteau
Declaration in Trespass
Damages $ 800