Elizabeth Bird v. Frances Pattmore

To the Honorable James C Moody one of the Judges of the Circuit Court of St Louis Co

The petition of Elizabeth Bird a resident of the city of St Louis respectfully shows that Missouri Bird an infant aged about ten years, and placed by the mother thereof under the special[?] care and control of this petitioner until said child should become of age is now restrained of its liberty by one Mrs Pattmore in this that said child is confined at the house of said Pattmore and by her not permitted to return unto this petitioner its true and lawful custodian And that said Missouri Bird is so confined and restrained at a house on Eleventh Street between Cass Av, & O'Fallen Street, occupied by said Miss Pattmore as this petitioner is informed And that according to the best knowledge and belief of your petitioner, the cause or pretense of the aforesaid confinement or restraint of said Missouri Bird arrises from a purpose of said Mrs Pattmore to secure and extort from said child its services as servant, without compensation or promise of same And your petitioner further states that no application for the relief sought has been made to or refused by any court, office or offices superior to the one to which this petition is presented And your petitioner further states that she is advised by her counsel Messrs Clark & Coonley of City of St Louis and she so believes that the confinement and restraint aforementioned is illegal and that said illegality consists in the refusal of said Mrs Pattmore to permit said child to return to its lawful custodian and in depriving your petitioner of the control and services of said child.

Wherefore your petitioner prays a writ of Habeas Corpus to the end that said Missouri Bird, by which name she is usually known, may be discharged from the restraint & control of said Miss Pattmore and returned to the care & custody your petitioner

Dated at St. Louis Jan 10 1867

Clark & Coonley
Attys

State of Missouri
County of St Louis

Elizabeth Bird the above named petitioner being first duly sworn says That the foregoing petition is true to her own knowledge except as to those matters which are therein stated on information and belief and as to those matters she believes it to be true

Elizabeth Bird 
her X mark

Signature attended by 
Enos Clarke 
Jno C Coonley

Sworn to & subscribed before me on this 10 day of January AD 1867

Chas E. Bramble
Notary Public

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Application for Writ of Habeas Corpus by Elizabeth Bird–
Relator 
for Reltor[?]of Missouri Bird 
Detainee

Jany 12th 67 Parties appear & child produced conld[?] by consent[?] 
arrest[?] Monday evening at 2 Oclock 34p

Jany 14th 67 all parties appear sub[?] petition [?] 
custody child awarded to Respondent 34p[?] [?]

The people of the State of Missouri 
to Mrs Pattmore greeting

You are hereby commanded to have the body of Missouri Bird, an infant colored by you detained as it is said together with the time and cause of such detention or confinement by whatsoever name the said Missouri Bird shall be called or charged before the Hon James C Moody one of the Judges of the St. Louis Circuit Court at Court Room No 1 in the Court House at the city of St Louis on the twelfth day of January instant at one oclock in the after noon to do and receive what shall then and there be considered concerning the said Missouri Bird

And have you then and there this writ.

Witness F. A. H. Schneider clerk of said Court with Seal thereof annexed this the 10 day of Jany 1867 
F. A. H. Schneider Clk

Endorsed

Allowed pursuant to law this 10th day of January 1867.

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By the 
Habeas Corpus 
Act

State of Missouri
County of St Louis

To the Hon J C Moody

Your respondent upon to have your writ of Habeas Corpus has been served to have the body of Missouri Bird an infant before you asks leave to state that said child has been living with respondent for some five weeks. That on last week, friday one Lizzie Bird took said child away from respondents House & kept her most of the day, when the child returned to respondents house & has remained ever since That respondent does not detain said child or use any restraint towards her whatever that she stays of her own choice & is free to go when ever she pleases

Respondent states that she has furnished said child with clothing & has taken good care of her since the child has been with her. That the child wants very much to remain with respondent & that respondent is willing to keep the child

That said child is now here before your honor Respondent would further respectfully state that the said Lizzy Bird has mistreated & abused said child That the child does not want to go to her & in fact is much alarmed at the idea of having to do so and Respondent finally states that she feels certain that said Lizzy Bird is not a fit or suitable person to have the care & custody of said child

F Patmore

Sworn to and subscribed before me Jany 14th 67

F A H Schneider
Clk
 

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Return of 
Frances Patmore