In the Matter of Julia alias Mary Ann on Habeas Corpus

To the Honorable Luke E. Lawless Judge of the
Third Judicial Circuit of the State of Missouri

Your Petition Phillis a free woman of color on behalf of her daughter Julia, otherwise Mary Ann, an infant, represents to your honor that her said daughter lately in the Circuit Court of St Louis County in said state bought her suit for Freedom against Robert Duncan. Said Duncan in said suit plead that said Julia, otherwise Mary Ann, was his slave & such proceedings [unclear] had in said suit that Judgment of liberation was rendered in said suit in favor of said Julia, otherwise Mary Ann, against said Robert Duncan and all persons claiming by through or under him your Petition says that she is desirous of having the charge, care, and custody of her said child [unclear] that said Robert Duncan & one Sally Adams who lived & has for many years past lived with the said Duncan as his wife hold & detain said Julia, otherwise Mary Ann, in their custody unlawfully & against the will of said Julia, otherwise Mary Ann, your Petitioner therefore prays that a writ of Habeas Corpus may issue requiring said Robert Duncan & Sally Adams to bring said Julia, otherwise Mary Ann, before your honor & that such proceedings may be thereupon had as the law requires.

Phillis
her X mark

The above named Phillis on her oath says that the facts in the above Petition stated are true

Phillis
her X mark

Sworn to & subscribed in open court Aug 24, 1836. John Ruland Clerk

No 141 
St Louis Circuit Court
July Term 1836

Julia alias Mary Ann
vs
Robert Duncun & Sally Adams

Filed 24th August 1836
John Ruland Clerk

Habeas Corpus - book 8 - page 110

County of Saint Louis, ss: 
The State of Missouri 

To Robert Duncan & Sally Adams, Greeting:

You are hereby commanded that the body of Julia, alias Mary Ann, an infant of colour, in your custody, as it is said, unlawfully detained, together with the cause of her detention, by whatsoever name she may be known, you forthwith have before our honorable Circuit Court now in session at the City of Saint Louis, then & there to do, submit, and receive, whatsoever our said court shall in that behalf consider.

Witness John Ruland, clerk of our said court, in open court with the seal thereof hereto affixed, this twenty fourth day of August, in the year of our Lord eighteen hundred and thirty six.

John Ruland Clerk
By
J. D. Johnston D.C.

Julia alias Mary Ann
vs
Robert Duncun & Sally Adams

“By the Habeas Corpus act”

In the matter of Julia
alias Mary Ann 

On Habeas Corpus
St. Louis Circuit Court

In return to the Habeas Corpus issued in this cause, Robert Duncan & Sally Adams state that said Julia is, & has been from infancy living with them: that she was sold to said Robert on the 10th December 1822 by John L. Sutton & afterwards sued for freedom & obtained it by Judgment of this Court: that she was then sickly & said Robert & Sally wished to have her taken off of their hands, but could not find any person who wants take her, neither the Court or the city authorities: that they kept her since while she was helpless & supported her: that she is, and has been under no restraint, and no coercion is used over her: but that she wishes to stay with these respondents, & not to go with the person calling herself her mother: that these respondents from humanity kept & supported her for many years when she was a burden on their hands & an expense: and do not wish to turn her away, or to influence her to go from them.

Robert Duncan

Sworn to & subscribed in open court 27 August 1836. John Ruland Clerk

In the matter of Julia
alias Mary Ann on
Habeas Corpus 

Return on Habeas Corpus

Writ discharged - book 8 - page 119

Julia, alias Mary Ann
vs
Robert Duncan & Sally Adams

On return of the writ of Habeas Corpus hereinbefore issued on the petition of Philis, a woman of colour, the court having examined and questioned the said Julia as to the alleged constraint and coersion exercised over her, and being satisfied that she is contented with her situation, and does not wish to exchange it, it is ordered that said writ be discharged.