Elihu Schooner v. State of Missouri

State of Missouri 
County of Saint Louis ss 

By the Habeas Corpus Act.

To the Honorable, the Judge of the Law Commissioner's Court within and for the County of Saint Louis

Your petitioner states that one Elihu Schooner a free citizen of the State of Ohio is imprisoned in the common jail of the County of Saint Louis by the keeper of said jail; that the said Schooner, under the name of Eli Schooner was committed to said jail on a charge of being a runaway slave, by virtue of a warrant issued by Peter W. Johnstone Esquire a Justice of the Peace in and for the said County of Saint Louis, a copy of which said warrant is hereto annexed.

And your petitioner further states that the said Schooner is not now, and never has been a slave, but was born of free parents in Reed township Seneca County Ohio, about the year 1833 and that he has himself always been a free man and therefore his imprisonment is illegal.

Wherefore your petitioner prays that there may issue from this Honorable Court a writ of "Habeas Corpus" directed to the keeper of the said common jail of Saint Louis County, and commanding him to have the body of the said Schooner before this Honorable Court on a day therein to be mentioned, then and there to show the time and cause of the detention and imprisonment of the said Schooner, and to do and receive what shall then and there be considered concerning him.

George Denison

George Denison being duly sworn says that the foregoing petition and the matters therein, as stated, he believes to be true.

George Denison

Sworn & subscribed before me this 9th day of August 1858

Liberty Waite
Justice of the Peace

Noble Denison & Chandler
Attys

(Justices Warrant. (copy)

The State of Missouri
To the Keeper of the Common Jail of Saint Louis County - Greeting

You are hereby commanded to receive the body of Eli Schooner, a slave, into your Common Jail of Saint Louis County and him safely keep until his master takes him hence and pays all reasonable charges or until he be otherwise discharged in due course of law.

Given under my hand this 2nd day of July 1858

Peter W Johnstone
Justice

(Copy of the return)

Execute the within writ by delivering the body of the within named defendant to the keeper of the Jail of St. Louis County this 2nd day of July 1858.

William Keating

Petition for writ
of Habeas Corpus

By the Habeas Corpus Act.
In the matter of
Elihu Schooner.

State of Missouri 
County of St Louis ss

"By the Habeas Corpus Act"

The State of Missouri.
To the Jailor of St Louis County 
Greeting

You are hereby commanded that the body of Elihu Schooner under your custody detained, as it is said under safe and secure conduct together with the day and cause of his being imprisoned and detained by whatsoever name the said Elihu Schooner may be known, you have before me Henry Dusenbury Law Commissioner of St Louis County, at the Courthouse in the City of St Louis, in said County on the Eleventh day of August 1858. at 3 O'clock P.M. to do and receive what shall then and there be considered concerning the said Elihu Schooner, so imprisoned and detained as aforesaid and hereof fail not at your peril.

Witness my Signature this 10th day of August 1858
H Dusenbury,
Law Commissioner 
of St Louis County

To the Law Commissioner of St Louis County

In obedience with the commands of the within Writ I here produce and have the body of the within named Elihu Schooner – together with the papers of his commitment.

St Louis Augt 11th 1858

105. August 1858

Petition of Elihu Schooner

"By the Habeas Corpus Act"

Prisoner discharged
Augt 11th /58
HD L Cr

Aug 11' 58 Pet filed & writ issd 5p 260
Aug 11' 58 Prisoner discharged. 5p 260.

The State of Ohio
Erie County, ss.

I, Horace N. Bill Clerk of the Court of Common Pleas within and for the County of Erie and State aforesaid, do hereby certify that Tenas W. Barker Esq., before whom the annexed affidavits were sworn to, and to the Certificate whereof he has subscribed his name officially, in his own proper hand-writing, was at the date thereof, and now is, a Justice of the Peace within and for the County of Erie, duly Commissioned and Sworn, and to all whose Official Acts full faith and credit are due throughout the United States and elsewhere.

In Testimony Whereof, I hereto subscribe my name and affix the Seal of said Court at the City of Sandusky, this 30th day of July A. D. 1858.

Horace N. Bill Clerk

State of Ohio 
County of Erie ss

Portland Township

I, Gurdon Ockrey being duly sworn do depose and say that I was born in the Town of Lisbon County of Windham and State of Connecticut and shall be sixty five years of age on the fourth day of August Eighteen hundred and fifty eight. I resided in the said State of Connecticut until I was twenty six years old and then removed to Scipio Township Cayuga County, State of New York, where I remained about six years and then removed to what is now Scipio Township, Seneca County State of Ohio where I remained about ten years and removed to Portland Township Erie County State of Ohio where I have since continued to reside and still reside. I was married when I was twenty one years of age and on the last day of November of that year. I remember it was Thanksgiving Day and was in Trenton New London County State of Connecticut to Betsy Pierce who was brought up near by and was born in the Town of Exeter State of Rhode Island as I was always informed and believe. Louisa Ockrey was my daughter by my said wife Betsy and was born in the said Town of Preston in January Eighteen hundred and sixteen. She lived with me until she was married to John Schooner which was in said Seneca County, Ohio when she was about sixteen years old. I was present at their marriage. Elihu Schooner was the child of said Louisa and John Schooner above named and was born in Reed Township in said Seneca County Ohio, within a year after they were married as above stated. Said John Schooner died about four years after they were married and the said Louisa died about five years after her said marriage. John died in the State of New York and Louisa died at McCutchensville, Seneca County, Ohio. I have known said Elihu since his birth and he is my Grandson. He will be twenty six years old next November or December. He is and always has been a free man and never a slave. The said Elihu has a scar in his under lip, holes in his ears for rings, has bushy hair and some appearance of Indian which he gets from his Father who was a half Indian. He was married about Eighteen hundred fifty and his wife died with Cholera in Eighteen hundred fifty two leaving one child which now lives in this County.

Gurden Ockrey

Witness 
S. Minor[?]

Subscribed and sworn to by the said Gurden Ockrey this 30th day of July A.D. 1858.

Zenas W. Barker Justice of the Peace in and for said County

State of Ohio 
Erie County ss 

Portland Township

Thomas H Boston of lawful age being duly sworn says. My age is forty nine years. My residence Sandusky Erie County Ohio which is within Portland Township. I have been presumably acquainted with Gurden Ockrey, Betsey Ockrey his wife Louisa their daughter and Elihu Schooner their Grandson since eighteen years ago when I first became acquainted with them. Said Elihu then lived in McCutchensville, Seneca County, Ohio, all the persons above named there were and now are so far as I have any knowledge or ever heard free persons of color, and was never slaves.

Thomas H Boston

Witness 
Saml Minor[?]

Subscribed and sworn to by Thomas H. Boston on this 30th day of July A.D. 1858, before me. I further certify that have been acquainted with said Boston over fifteen years and that he is a credible witness.

Zenas W. Barker Justice of the Peace of said County of Erie