To the Hon Circuit Court for the County of Saint Louis :
The petition of James a free person of colour aged about
nine years humbly represents that he was born free the child of Martha
Ann a woman of colour entitled to freedom but in fact held
in slavery by Sarah Young : that after the decease of said
Sarah Young, your petitioner along with his mother said
Martha Ann was held in slavery by Hiram Cordell
Administrator of the Estate of said Sarah Young and yet is
held in slavery by the said Hiram Cordell : and the said
Martha Ann has presented her petition to this Court
for leave to sue said Cordell for her freedom and in said
petition has set forth the grounds upon which she is entitled
to her freedom, and your petitioner begs have to refer to
said petition of Martha Ann prays that so much
as sets forth her tillo to freedom may be taken as
part of this petition : and your petitioner humbly prays
that he may be permitted to sue said Cordell for the
recovery of his freedom by judgement of law, and may
present such suit as a poor person and have counsel
assigned him by the Court have reasonable liberty
of attending his counsel and the Court, and further that
all persons claiming under said Cordell the said
Cordell himself be restrained by the order of the court
from removing your petitioner out of the jurisdiction
of this Court so will ever pray c

The mark of X of James
by his Mother Martha Ann

Saint Louis ss. Martha Ann the mother of the above named James the petitioner
makes oath and says that the facts set forth in the foregoing petition
are true.

The mark of X Martha Ann

Subscribed Sworn in open court this
18th day of april AD 1844 — before me

John Ruland Clerk

No. 8. Nov. T. 1844

James a Free Black
vs
Hiram Cordell

Petition to sue for
freedom

Filed April 18th 1844. John Ruland Clerk.

Petition filed order Bk 15 5.

In the Circuit Court for Saint Louis County
November Term, 1844. Saint Louis County

James , a person of colour, who by leave of the Court
first had and obtained brings this suit as a poor person, by field his counsel assigned by the Court for this purpose, complains
of Hiram Cordell in a plea of Trespass, for that the said James
before and at the time of the committing of the greivances hereinafter
mentioned, was and yet is a free person, and the said Hiram
Cordell on the 1st day of January now last such with force and
arms at Saint Louis aforesaid in and upon the plaintiff
did make an assault then there did imprison the
platinfiff kept and detained him in prison for a long
space of time to wit for one month then next eusuing,
and then and there held ever since has held still holds
in slavery the said plaintiff and other wrongs to the plaintiff
then there did against the peace, and to the great
damage of the plaintiff, and for the recovery of his freedom
the plaintiff brings suit

Field

James , coloured person vs Hiram Cordell
Suit for freedom
in forma pauperis

Such summons insue

Field

County of St. Louis , ss.
The State Of Missouri ,To the Sheriff of St. Louis County Greeting:

We command you to Summon Hiram Cordell 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
James Coloured person of his petition for
freedom.
to the damage of said plaintiff
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 Eighteenth day of
April 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 L.S .

Petition filed usual order Bk 15 5. Default for faced and costs Nov. 25th 1844 15 of 325
Mo. afft to set aside by default of . Mooverruled 16 65

No. 8 St. Louis Circuit Court November Term 1844

James a person of Color
vs
x Hiram Cordell

Summons

Petition for freedom (Trespass)

Field p.q.

Filed April 18th 1844

John Ruland Clerk

``It is ordered that the Petitioner have leave to sue as a
poor person the Court assignes R. M . Field Esq. as his
counsel: it is further orderd that said Petitioner have
reasonable liberty to attend his counsel the Court, as
occasion may require; that he be not subjected to
any severity on account of his application for freedom,
and that he be not removed without this jurisdic-
tion of this Court.''

a copy
attest:

John Ruland , Clerk. in forma pauperis (110)

Executed this writ in the County
of St Louis on the 19th day of September
1844 by reading it and the declaration to
Hiram Cordell , the defendant, and by
reading to the said Hiram Cordell , the
orders of the Judge, endorsed upon this

Fees $ 2.00

William Milburn ShffBy James S Harris Depty

a person of Colour
vs.
Administrator of Young Deceased

Circuit Court of St. Louis County
November Term 1844The State of Missouri St Louis County Ss

Hiram Cordell
the defendant in this action makes oath
and saith that Marth Ann a person of
colour instituted a suit in this Court
against this affiant for her freedom;
and that the process in the case of Mar
tha Ann and of this plaintiff were
served at the same time and as Mar
tha Ann was the mother of this plaintiff
affiant believed that there was but one
suit. Under this impression he employed
counsel in the case of Martha Ann
but omitted to mention to his counsel the
fact that James had brought suit; sup
posing that the defence in one case would
be a defence in both. This mistake was
not discovered until he was called up
on by the sheriff for the cost accruing
upon the judgement by Default.

Being the administrator of the late
owner of the plaintiff he knows no
thing of the merits of the claim.

Sworn to subcribed before me
this 24th Decr 1844.

John Ruland Clk St Louis Ct
by Master W Blair Deputy

Hiram Cordell

James a person of Colour
vs
Hiram Cordell

affidavit

Filed Jany 24th 1845 Jno Ruland Clerk

a person
of Colour
vs.

Circuit Court of
St Louis County
November Term 1844

The defendant in this cause moves to
Set aside the judgment entered by this
Court on the 25th day of November 1844
for the following reasons to wit.

The Mother of the present plaintiff com-
mencedsuit in this court against the defend
ant for her freedom; and the process in both
cases was served at the same time. The
defendant supposing that there was but
one Suit imployed Counsel in the case
of the Mother Supposing and believing that
the defence in that casewould be a defence
to both.

2nd Because the judgement is irregu-
lar in this; that it is a "final judgement
of liberation upon default without proof
of the plaintiffs right to freedom, as re
-quired by Statute

Jarver Attorney for
Defendant

James person of Colour
vs
Hiram Cordell

Motion to set a-
side judgement
by Default

Filed Jany 2nd 1845 Jn Ruland Clerk Jarver Att for Deft

a person of Colour
vs

Circuit Court
of St Louis County
November Term 1844
Suit for Freedom

Be it remembered that judgement by default
was taken against the defendant in
this cause at the present Term for want of
appearance_ And the defendant having filed
his affidavit which was millaid by the Clerk
the following is agreed to be the substance
thereof by the Counsel for the parties, To wit
``that at the time of the service of the summons
``in this case a summons was also served
``upon the defendant in behalf of the mother
``of the plaintiff who was also
``suing for her freedom; and the defendant
``believing that they werebothsuing in the
``Same action imployed Counsel to defend
``in the case of the mother only_ That defend
``-ant Could not make affidavit that then
``was a good defence on the merits because
``the plaintiff is in the defendants possession as
``administrator- and that the grounds upon
``which the plaintiff claims his freedom have notation
``to facts which are alleged to occurred
``long before the death of the not
``without the defendants knowledge
The Defendant moved to setaside the
judgement by default upn the grounds
disclosed as agreed upon in the affidavit
and upon the further ground that the
judgment was irregular in this that it
was a final judgement of liberation rendered
by default without the introduction of
facts state by his
any testimony on the part of the plaintiff except the facts stated in his petition.

The Court upon hearing of argument
having overruled the defendants motion
the defendant by his counsel excepts to
the judgement of the Court in overuling said
motion and tenders this his Bill of exceptions
and prays that it may be signed and sealed by
the Court .

John M Krum

James a person of Colour
vs
Hiram Cordell

Bill of
Exceptions

FiledMarch 23rd 1845 John Ruland Clerk