To the Honourable the Judge of the St Louis Cir
cuit Court the petition of Elsa Hicks a Mulatto Girl
aged about twenty one years Respectfully Represents
to your honour that she was born in the State of
Virginia & was owned by our Mitchell
Who aquired her by to one Miss Burle-
& has continued to hold her as a Slave since
that time That said Mitchell about the year 1834
removed from said State of Virginia to the
Territory of Wisconson carrying with him your
petitioner Where he held your petitioner as
a slave for the term of six years. Contrary
to the Ordinance of 1787 passed by the
Congress of the United States . That about the
year 1881 your petitioner was brought to
the City of St Louis State of Missouri &
lived out by said Mitchell to Edward Gay
of said City That are S . Burrel Representing
himself as the Brother in of said Mitchell
hold your petitioner in his possession as a slave
& is (Even petitioner
of the State of Missouri & beyond the Jurisdiction of Court against her will
& Contrary to the law in such case
made & provided and your petitioner here have
by prays to your honor permitted to sue in your honorable
circut for the as a poor persons in behalf of
her freedom that one every pray & Elsa Hicks a (Mulatto Girl being derly
sworn upon her says that the matters
of things set forth in the foregoing petion
are & true
Elsa herxmark Hicks Sworn to & subscribed before me in the
County of St Louis , State of Missouri , this
3d day of February 1845. I B. Thomas , Justice of the Peace
in & for said County
The reading & considering the above & foregoing
petition & being satisfied that the said petition contains
sufficient matter to authorize the Commencement of
a suit by the said Elsa for her freedom.
His ordered, that the said Elsa Hicks , he allowed
once upon her said Petition as a poor person
& that she have reasonable liberty to attend
her Counsel & the St. Louis Circuit Court &
that she be not subjected any severity on
account of her application to institute her
said suit for freedom & that she be not removed jurisdiction of the Court that assigned her Counsel.
St. Louis February 3 1845. John McKrum judge St. Louis Circuit Court
Vs.
S . Burnell & James Mitchell
State of Missouri
County of St Louis SS St Lous Circut Court May April Term 1845
Elsa Hicks complains of
Burrell Bass & James Mitchell in a plea of Tresspass for false
imprisonment For that heretofore towit on the thirty
first day of January. A. D.. Eighteen hundred & fourty five
1845 the said Defendants with force & arms
then & there made an assault upon the said
Elsa Hicks towit at the City of St Louis in the County
of St Louis & State of Missouri and there & then
had bruised & illtreated her the said Elsa
Hicks & then & there imprisoned her the said
Plaintiff kept & detained her the said plaintiff
in prison then without any reasonable
or probable cause whatsoever for a long
time towit for the space of two days
last past Contrary to Laws & against the
will of the said plaintiff. And the said plain
tiff further owns that before the Goverance
above
was & still is a free person of Colour
and that the Defendants did then and still holds him in slavery & therefore
she sues.
By his Attys King . &. Risk
vs
Burrel & James
Mitchell
petitoner & & decoration
in Tresspass for false
imprisonment
County of St. Louis , ss.The State Of Missouri ,
To the Sheriff of St. Louis County-Greeting:
We command you to summon S Burrell , and James Mitchell , if they be found in your County that they 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 Mon-
day of April next, then and there to answer unto Elsa Hicks
of a plea of trespass for false imprisonment
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 third day of
February in the year of our Lord eighteen
hundred and forty five. 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
Dismissed Nov. 25.1846 19p375
No. 55
St Louis Circuit Court
April Term 1845
vs
S . Burrell and
James Mitchell
Trespass for false imprisonment
King & Risk pq
Filed3d Feb 1845
Jn. Ruland Clk
Free (160)
S Burrell and James S
Mitchell the defendants not found in
my County
William Milburn Shff
ByA. C Osburn Depy
Fee $ 2.00Executing order2.00$ 4.00
v
S . Burrell . & James Mitchell
To the Honourable the Judge of the
St Louis circuit court a supplemental
petition of Elsa Hicks your petitioner
represents unto your honour that the Sheriff Who
has made diligent seach cannot find Burrell
of defts in the above suit to execute pro
cess upon that she behaves he is
himself for the purpose of avoiding serve
by the sheriff Your petitioner states
that said Burrell witnessed to take your
petitioner and of the the State of Missouri
on Thursday first but
that the Captain of the
that your petitioner was entitled to his
freedom required to take her on board of
his boat That said Burrell has sinceem
ployed some persons to your petitioner
to take your petitioner or
bound of a time
to day for the purpose of taking your
petitioner out of the State of Missouri
& out of the jurisdiction of Your
honor & therefore your petitioner prays that your
may issue a warrant your own to the Sheriff of the St Louis County for
your petitioner & bring her
before your honor to be dealt with as the & petioner
as in duly with
&c Sworn to & subscribed this
4th day of February 1845 Isaac B Thomas , Justice of the Peace
Elsa herXmark Hicks
State of Missouri To the Sheriff of St. Louis County-
Whereas by the Petition of Elsa Hicks it
is made to appear that she has instituted a suit
for her freedom in the St. Louis Circuit Court against
S _ Burrell & James Mitchell , which suit is
new pending & undetermined.. Whereas also
it also is made to appear from said. Petition that
said Burrel is about to remove the said
Elsa , without the jurisdiction of said Court
against her Counsel & Contrary to the order
of said Court. there are to Commandyou
forthwith to seize the said Petitoner if found
in your & bring her before we
all my in the Court House in
the County of St . Louis_ And also that you
summon the said Burrell & Mitchell or
anyotherperson in whose possesion
said Petitoner may be found_ forthwith
to appear before me at the place
afore said, then & there to bear
shall be in the or
to allow Cause against the said Petiton-
Given in
this 4th. day of February 1845. John M Krum
Judge. 8th Jud Cir. M
Excuted this unit in the County of St Louis on the 4th day.
of February 1845 by seizing the Petitioner. Elsa named in this writ
and have her body before the Hon Jno M Krum as above com-
manded on the5th day of February 1845.- Neither S Burrell
nor James Mitchell found_ William Milbrun Sheriff
By Henry B Bell Depty
In the matter of Elsa Hicks
the Petitioner within named
It is owned that the
Sheriff of St. Louis County take possession
of the said Elsa , & during the of
her said suit for freedom to him her
to the best advantage; that the said shall take
a good foud
ordered that the said Sheriff shall take
a good Sufficient bond from the person or
person to whom he shall said Elsa
in the penal sum of Five Hundred ($500.) dollars
with approved Security & Conditions as
the law .
Given under King home this 4th,
day of FebyA.D. 1845 John M Krum
Judge 8th. Jud. Cir.. ;