Petn. filed, leave to sue as a poor person & order on Sheff to hire out petitioner
BK 14 p 435. Plea filed BK 15 p 18. Dissmissed Jany 18th 1845 15 p
no costs Sheriff to deliver slave plaintiff ) 16 p 106.
No. 340.
In the St Louis Circuit Court
April Term 1844 St Louis Circuit Court
April Term 1844
Andrian Paschall
vs
Richard W Ulrici
Suit for Freedom
Shff to
Bond in 650 $
Filed March 19th 1844. John Ruland , Clerk. No costs
Executed this writ in the County
of St Louis , by seizing the body of Andrian
Paschall on the 18th day of March and by
summoning Richard W Ulrici , the 19th day
of March 1844, he being the person claiming
said Andrian Paschall - as I am herein
commanded
William Milburn Shff
by N. lC. Osburn Depy
fees $ 2.00
The Petition of Andrian Paschall (a Man of
Color) to the honorable Saint Louis Circuit
Court
Your Petitioner respectfully represents
to this honorable court that he is now held
in Slavery by Richard M. Ulrici and your
Petitioner further represents that about Six
or Seven years Since (your petitioner does not
remember the exact time) he was sent
from the State of Missouri into the State
of Illinois by one Gabriel Paul to whom your
petitioner then belonged and under whom
the said Ulrici claims for the purpose of
assisting in the cutting and curing of
hay was then and there held in Slavery
Contrary to and in violation of the constitu
tion of Illinois and an act of Congress
for the government of the territory north west
of the Ohio river, Your Petition further
States that since that time he has come
into the possession of the said Richard
M Ulrici and that he has been held in
Slavery ever since
And your Petitioner represents that
by reason of the above represented -
detion your petitioner has become and
is entitled to his freedom and is a
freeman and your petitioner respect
fully prays this honorable Court to grant
him have to sue as a poor person in
order to establish his right to freedom
and to assign him counsel for his
assistance in that behalf. And your Pe-
tetioner will ever pray
Andrian his Paschall Mark
In the St Louis Cir
cuit Court
April Term 1844State of Missouri
County of Saint Louis
Andrew Paschall
a man of color complains of Richard
M Ulrici in custody of a plea of
pass. For that the said Defendant
on the first day of march in the year
eighteen hundred and forty four
with force and arms assaulted the said
Plaintiff to wit at the county of St
Louis aforesaid and then and there
beat and bruised and all treated
him and then and there imprisoned
him and kept and detained him
in prison there for a long time to wit for the space of one month then next
following contrary to the laws of the
State and against the will of the
said plaintiff and other wrongs
to the said plaintiff then and there
did against the peace and dignity
of the State and to the damage of the
Plaintiff of one thousand dollars
and the plaintiff avers that before
and at the time of committing the
said grievances he was and still is
a free person and that the defendant
held and still holds him in slavery
therefore the plaintiff brings his
suit &
L. J . Carr atty for
Plff
Andrian Paschall (a man of color)
being duly sworn upon oath says
that he has good cause to to believe
that he will be restraince from
the liberty necessary to make good
his right to freedom and that he may be subjected to severity on ac
-count of his application for free-
dom and that he may carried out
of the jurisdiction of this court un-
less the court cause this affiant to be
taken out of the possession of the said
Richard M . Ulrici or cause the said
Ulrici to give bond and security for his
appearance in this court upon this
day of trial
Andrian his mark Paschall Sworn to and subscribed
before me this 13th day
of March 1844 Davis
justice of the peace
State of Missouri
County of St. Louis
Said Andrew Paschall
above petitioner may sue as a poor person to
establish his right to freedom and
are assigned as his caounsel. It is further order
-ed that the said Andrew Paschall have reaso
-nable liberty to attend his counsel and the
court as after as her may requires that he be not
carried out of the jurisdiction of the court
and that he be not subjected to any
severity on account of his application
for freedom
Bryam Mullanphy Judge & Judge
State of Missouri to Mil-
burn Sheriff of the county of St Louis
Greeting — You are hereby comman
-ded to seize the within named affiant
and petitioner Andrew Paschall where
-ever he may be found and bring him be
-fore Bryan Mullanphy our judge of the
eighth Judicial Circuit of Missouri
on 14th March 1844 at
nine oclock AM County of St Louis in the city of
St Louis at state of missouri Blend
any claimant of his person, or any
in whose possession he may be found to
appear at the said trial and place
have you there this unit as witness to this
hand of our said Judge in open court
this 13 March 1844
Bryan Mullanphy Judge of 8th Jud Cir
of Missouri
St. Louis Circuit Court
Andrew Paschalvs.
Richard W . Ulrici
And the said defendant
by his attorney comes & defends the force and
injury when . C. and says that he is not
guilty of the said supposed wrongs & grievances
above to his change in manner #x0026; form
as the same are alleged & of this he puts
himself upon the county &C.
Spalding & Jefferey
attys for Defs
St. Louis Circuit Court
Andrew Paschall
vs.
Richard W . Ulrici
Plea
Spalding & Jefferey
attyFiled April 29th. 1844. John Ruland , Clerk 15 p 18.
vs Richard W . Wlrici
In the Circuit Court , for the County
of St Louis State of Missouri .To above Plaintiff
You are hereby notified, that Depositions of Witnesses to be read in evidence in the above cause, on the part of defendant will be taken at the office of
Spalding & Tiffany in the City of St Louis
in the County of St Louis and State of Missouri on the 14th
day of Decemberinstant between the hours of 8 o'clock in the forenoon, and 6 o'clock in the
afternoon: and the 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.
St Louis Mo.Decr, 10th
1844copy Spalding & Tiffany
attys for Deft.
A. Paschall
vs
R . W . Ulrici
Notice to take Depositions
The above notice is acknowledged
on the of the Plaintiff
So I atty for Plaintiff
Executed the within notice by
delivering a true copy to I Car at
the county of St Louis This 9th day
of December 1844 A Paschall not found
in my county
William Milburn
SheriffBy R. Dowling Deputy
Depositons
of witnesses, produced sworn and examined, at the office of Messrs ., Spalding & Tiffany
in the city of Saint Louis , in the County of Saint Louis , state of Missouri , before me,
Frederick Kretschmar , a Justice of the Peace within and for said County of Saint Louis ,
in a certain cause, now pending in the Circuit Count for the County of St Louis
State aforesaid, between Adrian Paschall , plaintiff, and Richard W . Ulrici ,
, defendant, on the part of the defendant:
Gabriel Paul , being produced, sworn and examined on the part
of the plaintiff, deposeth and saith:
Before my being sworn and examined as a witness in the above entitled
suit, Richard W. Ulrici , the defendant, executed and delivered to me
the release, hereto attached, marked A. I know the plaintiff in this suit,
I bought him, with his mother, sister and brother at the sale of the Estate
of Auguste Chouteau , made by the Commissioners appointed by the
Circuit Court in or about the year 1832, he was then about five or
six years of age. The mother and children, among whom was the plaintiff,
were sold to me as slaves for life. I have held the plaintiff ever
since as a slave, until I conveyed him to Mrs. Ulrici , my daughter
which was in or about the month of february 1844.
I never gave the plaintiff permission or order to go to the state of
Illinois , whilst he was in my possession. About the year 1836. 37
or 1838, when the plaintiff was about 10 or 12 years of age, I sent
a German, named George Henderline , to Illinois , to make hay.
During his absence I missed the plaintiff, and on the return of the
German George on the following day, I ascertained that Adrian , the plaintiff,
had been likewise over to Illinois . For this I severely scolded and
punished him. Before his return I did not know what had become
of him. Except the time, here stated, the plaintiff has never been
over to Illinois , he has not left me a minute, whilst he was my
slave. He always attended to and waited upon me personally and was my house servant.
In the summer 1843 I the plaintiff, at the rate of $ 13.00
per month to Sir William Stuart , to go with him to the rocky moun-
tains. On his return in the fall Mr. Sublette paid me the wages
for Adrian , upon an order of Sir William . The trip of Sir William
and party was an excursion of pleasure. I am in the habit of speaking
french to my family and servants, and when Adrian , the plaintiff, returned
from Illinois , as before stated, I scolded him in french. The German
George Henderline spoke some English, sufficient to be understood, but
no french; he did not understand french. George Henderline stayed
about one year with me. When he returned from Illinois , he went with
the hay, to the stable and Adrian went into the kitchen. Of this I was informed
by a servant from the Kitchen, and I ordered him to my room, to
reprimand him. Upon my asking George Henderline , why he had
taken Adrian along, he answers that the Boy had gone with him,
and he thought that I had permitted him to go; not under If I had
wanted to send more assistance with George , I could have sent a full
grown man, as I had more servants at my disposal, or I could
have hired another german; I would not have sent a small Boy.
Henderline was by me sent over to the prairie in Illinois to cut
hay cure it and bring it over on my cart and horse, which he took with him.
Cross Examined by plaintiff's counsel:
I had only the german, George Henderline , at work in Illinois .
I was in bed, when he started with the cast. I rise at 8 or 9 o'clock
in the morning and they started quite early. I had given my orders
the day before.
Question: How did you know that he ( Adrian ) had gone to Illinois ?
Answer: I did not know it, I only missed him.
Question: Did adrian go as a servant, with Sir William Stuart to the Rockey moun-
tains?
Answer. Yes, he did go with him as such.
Further deponent saith not
Sworn to and subscribed before me,
this 14th. day of December 1844. Fred. Kretschmar
Justice of the Peace.
Marker A.
There all men by then presents that Richard
W. Ulrici for drivey & for are doller
to me paid by Gabriel Paul of St. Louis
do here by release & discharge him force
from all liability to me on to me & my
wife for as an amount of his conveyance
to my wife of Adrian Paschall who has
served me in the St. Louis Circuit Court ,
and from every & all covenants or warranties
express or implied extend into by him for
the title of said Adrian : & man especially
from this covenant, & liabiality contained
if any, in his held of fall of said Adrian
to any wife Estelle hereby declaring him
free & discharged from all responsibility
to me on to my said wife on account
of said Adrian , should the title to him
fail or should he obtain his freedom
witness my hand & seal this 13th De-
cember A. D. 1844.
Witness
J. Spalding Richr W . Ulrici
I Frederick Kretschmar , a Justice of the Peace within and for
the County of Saint Louis , State of Missouri , do certify, that Gabriel Paul ,
the deponent, whose place of residence is the City of St. Louis , in the County of
Saint Louis , State of Missouri , was by me Sworn, to testify to the whole
truth of his knowledge, Touching the matter in controversy in the cause afore-
said; that deponent was examined, and his examination reduced to writing,
and subscribed to by the deponent, in my Presence, on the fourteenth day of
December, in the year Eighteen Hundred and Forty four, between the hours of
Eight O'clock in the forenoon, and Six o'Clock in the afternoon, at the Office
of Spalding & Tiffany in the City of Saint Louis , County of Saint Louis ,
State of Missouri .
Given and Certified, the 14th day of December, 1844. Fred. Kretschmar ,
Justice of the Peace.
Deposition of witness, taken before
Justice Fred. Kretschmar .
To
the Clerk of the Circuit Court for the
County of Saint Louis
Mo
Opened & Filed December 19th
1844.
John Ruland Clerk.
No 340 Apl. T. 1844
Adrian Paschall ,
plaintiff,
vs
Richard M. Ulrici ,
defendant.