Sheriff Samuel Conway reports that he took custody of Elsa Hicks, a mulatto woman suing to recover her freedom, and put her in jail in February 1848. He further cites that the court requires him to hire her out "from time to time" during the suit, but despite his diligent efforts, he has been unable to do so. Conway claims that the health of Hicks and her child has "become impaired" by their imprisonment. He asserts that if she remains in jail until the case is tried, "the consequence will probably [be] very serious to her health & to that of the child & may be fatal to one or both of them." He also reports that he talked with Hicks and that she denied that McSherry ever claimed her as his slave or that she ever filed a suit against him. On the contrary, she "had intended to sue a Mr. Mitchell." Conway asks that "the court will cause some security to be given for my costs & expenses & trouble" or that he may have permission to release her if Elsa wishes to discontinue her suit. The attorney for the minor children, who claim Elsa is their property, urges the court to retain her in jail as he believes she "may again be taken & harbored & secreted by persons tinctured with abolitionism," naming a certain Joseph Tabour, whom he believes has attempted to retain a carriage driver to "convey her" to his home.
Result: Granted.
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Repository: Civil Courts Building, St. Louis, Missouri
