Hannah, a woman of color v. John Pitcher
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To the Hon. the Circuit CourtCircuit Court of St. Louis County
April Term 1844.

The petition of HannahHannah , a mulatto woman, respectfully
represents, that she is now held in slavery in the County
aforesaid by one John Pitcher - that she believes
that she is entitled to freedom, and she prays the said
Court for leave to sue, the said Pitcher, as a poor person
in order to establish her right to freedom.

Your petitioner states, as the ground on which her
claim to freedom is founded, that about eight years ago, there
being the slave of Daniel D. Page of St. LouisSt Louis, in the State ofMissouri
MissouriMissouri, she was taken by said Page from St. LouisSt Louis aforesaid
to the City of Boston in the state of MassachusettsMassachusetts in the spring
of the year, the month of May as petitioner believes, and there
left by said Page as a waiter and servant in attendance
upon the wife of said Page, who accompanied her said
husband to BostonBoston aforesaid - that petitioner remained
in the said state of MassachusettsMassachusetts doing service and labor
there in attendance upon the wife of said Page until some-
time in the fall of the same year, the month of October
petitioner thinks, when your petitioner was brought back
again to St. LouisSt Louis by his said mistress, who then returned
home - the petitioner cannot remember with distinctness,
the year when she was so taken to MassachusettsMassachusetts and
there kept as aforesaid, but for greater certainty, she
states, that it was in the year, that the con-
vent was burnt down at Charleston in said last
named State, by a mob, and that petitioner being there
in BostonBoston saw the conflagration - after petitioner was
brought back to St. LouisSt Louis, the said Page sold her to said Pitcher
who now has her in posession & holds her in slavery - Petitioner
states that slavery is not allowed to existence the state of MassachusettsMassachusetts,
and was not permitted when she was so taken there & kept as
aforesaid and that such a holding her in slavery there, by the laws
of said State entitled petitioner to freedom. Petitioner
further states that about ten days ago she applied to

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this honorable Court for leave to sue said Pitcher
for freedom, which was granted, but which said on
account of some informality in the proceedings, has
been dismissed, but she states that since the bringing
of said suit, she has been treated with great
cruelty severity and oppression by said Pitcher, on
account thereof, and she verily believes that the
same severe and oppressive treatment will be
exercised towards her on account of this applica-
tion, she prays therefore that she may be
bought up by warrant under the seal of said Court
and dealt with as directed by Statute.

Subscribed &sworn
before me this 3d day of June 1844

John MJohn M Krum KrumJohn M Krum
Judge 8. JudCir, Mo
HannahHannah her Mark of Color

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The Court grants the petition of HannahHannah for leave
to sue for freedom, and makes the following orders
First that, the said HannahHannah be allowed to sue as
a poor person to establish her right to freedom and
assigns F. BF B Murdoch . MurdochF B Murdoch as her counsel.

Second. That the said HannahHannah have reasonable liberty
to attend her counsel and the Court as occasion
may require; that she be not removed
out of the jurisdiction of the Court and that she be
not subject to any severity on account of her
application for freedom.

John MJohn M Krum KrumJohn M Krum
Judge 8. Judicial Cir Mo.

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State of MissouriMissouri
St. Louis County

In the St. Louis CircuitCircuit Court
CourtCircuit Court. November Term 1844.

HannahHannah a woman of color complains
of John Pitcher late of said County of a plea of
Trespass, for that the said defendant on the thirty first day of May in the year eighteen hundred and forty four with force and arms &c make an
assault upon the said plaintiff at St LouisSt Louis to wit at
the County aforesaid and then and there beat, bruised
and ill treated her the said plaintiff and then and
there imprisoned her the said plaintiff, and kept
and detained her in prison there without any proba-
ble or reasonable cause whatsoever, for a long
time to wit for the space of six hours then
next following. And the said plaintiff , that
before and at the time of the committing of the
said grievances, she was and still is a free person
and that the defendant held and still holds her
in Slavery - contrary to the laws of said state
and against the will of said plaintiff. To the
planitiff damage ten dollars and therefore she
brings suit

B. Mendach
Plff atty.

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St. Louis Circuit CourtCircuit Court
Nov Term 1844

HannahHannah (of Color)
vs
John Pitcher

Trespass false imprisonment
suit for freedom

Filed June 3rd 1844

John RulandJohn Ruland Clerk

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County of St. LouisCounty of St Louis, ss.
The State of MissouriMissouri,

To the Sheriff of St. Louis CountyâGreeting:

We command you to summon John Pitcher, if he be found
in your County, that he be and appear
before the Judge of our Circuit CourtCircuit Court , on the first day of the next term thereof, to
be held at the City of St. LouisCity of St Louis, within and for the county of St. LouisSt Louis, on the
third Monday of November next, then and there to answer unto Han-
nah, a person of color, of a plea of trespass and
false imprisonment
to the damage of said plaintiff ten dollars
dollars: And have you then there this writ.

Witness, John RulandJohn Ruland , Clerk of our said Court,
with the seal thereof hereto affixed, at office, in the
city of St. LouisSt Louis, this fourth day ofJune in the year of our Lord eighteen hundred and forty-four.

John RulandJohn Ruland Clerk

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I acknowledge myself bound for all costs that may accrue in the above cause.
Witness my hand and seal, at St. LouisSt Louis, this day of 184

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Jn. Pitcher as pricipal & HenryHenry Pitcher as Surety recognized in $500.00, to obey order of court respecting
Defts liberty to attend Ct &c Bk 15. p 95. plea filed 15 p 311. Jury trial & verdict for Deft & Mo
& reasons for new trial filed 17 p 48.Mo overruled 17p 122 Bill of Exceptions filed 17 p 232

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No. 28.

In the St. Louis Circuit CourtCircuit Court.
November Term 1844.

HannahHannah , a person of color.
vs.
summons
John Pitcher. B

Trespass & false imprisonment.
Damages $10.00.

F. B. MurdochF B Murdoch p. q.
It is ordered that said petitioner have
leave to sue as a poor person & the Court
assigns F. B. MurdochF B Murdoch Esquirer, as Coun-
sel. for said petitioner; and it is further
ordered that said petitioner have reason-
able liberty to attend her counsel
Court as occasion may require; that
she be not removed without the juris-
diction of this Court and that she be
not subjected to any severity on
account of her application for free-
dom.

Filed June 4th 1844.

John RulandJohn Ruland . Clerk.

113
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Executed this writ in the
County of St. LouisCounty of St Louis on the 4th day of June 1844
by offering to read it and the declaration to John
Pitcher which he refused to hear - and also by
making known the orders of the Judge endorsed
upon this writ

William MilburnWilliam Milburn Shff
by A. C. OsburnOsburn Depy

Fees #1.50
for warrant 2.00
# 3.50
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County of St. LouisCounty of St Louis, Ss.
The State of MissouriMissouri,

To Francis M. Page, Mrs Julia A. Bacon, Mrs
Deborah Page, Mr LeonardLeonard and Mr Pages'
Greeting:

You are hereby commnaded, that setting aside all manner of excuse and delay, you appear
before the Judge of our Circuit CourtCircuit Court , on the 4th day of June next
at the City of St. LouisCity of St Louis, then and there to
testify, and the truth to say in a certain matter of controversy now pending in our said Court,
wherein HannahHannah of Color is
plaintiff and John Pitcher is
defendant on the part of the plaintiff
and herein you are in no wise to fail.

Witness, John RulandJohn Ruland , Clerk of our said Court, with
the seal thereof hereto affixed, at office, in the City of StCity of St Louis.
LouisCity of St Louis, this 28th day of May in the year of our Lord one thousand eight hundred and forty-five

John RulandJohn Ruland Clerk, C. C.

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HannahHannah of Color
vs.
John Pitcher
subpoena

Wit. Francis W. Page
Mrs Julia A. Bacon
Mrs Deborah Page
MrLeonardLeonard , at Mr Pages

To appear on 4 June 1845

Executed
WilliamWilliam Milburn MilburnWilliam Milburn
Sheriff
fee $ 2

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County of St. LouisCounty of St Louis, Ss.
The State of MissouriMissouri,

To Mrs. Julia A. Bacon, Francis W.
Page, Deborah Page & Mr LeonardLeonard Greeting:

You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our Circuit CourtCircuit Court , on the 11th day of June 1845 at the City of St. LouisCity of St Louis, then and there to
testify, and the truth to say in a certain matter of controversy now pending in our said Court,
wherein HannahHannah of Color, is
plaintiff and John Pitcher is
defendant on the part of the plaintiff
and herein you are in no wise to fail.

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Witness, John RulandJohn Ruland , Clerk of our said Court, with
the seal thereof hereto affixed, at office, in the City of StCity of St Louis.
LouisCity of St Louis, this 8th day of June in the year of our Lord one thousand eight hundred and forty-five

Jn RulandJohn Ruland Clerk, C. C.

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Executed
William MilburnWilliam Milburn Shff
Fee $2.00

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HannahHannah
vs.
John Pitcher
Subp.

Witnesses

Mrs Julia A Bacon
Francis W. Page
Mrs Deborah Page
MrLeonardLeonard

To appear on 11 June
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County of St. LouisCounty of St Louis, Ss.
The State of MissouriMissouri,

To Mrs Julia A. Bacon, wife of H D. Bacon
Francis N. Page, Mrs. Debora Page
Mr LeonardLeonard Mr D. D. Page P D Tiffany
KnoxKnox
Greeting:

You are hereby commnaded, that setting aside all manner of excuse and delay, you appear
before the Judge of our Circuit CourtCircuit Court , on the 13th day of January 1846 at the City of St. LouisCity of St Louis, then and there to
testify, and the truth to say in a certain matter of controversy now pending in our said Court,
wherein HannahHannah of Color is
plaintiff and John Pitcher is
defendant on the part of plaintiff
and herein you are in no wise to fail

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Witness, John RulandJohn Ruland , Clerk of our said Court, with
the seal thereof hereto affixed, at office, in the City of StCity of St Louis.
LouisCity of St Louis, this 19th day of Decr in the year of our Lord one thousand eight hundred and forty-five

John RulandJohn Ruland Clerk, C. C.

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HannahHannah
vs.
John Pitcher
Subp

13th Jan
To appear on 31 Decr

Witnesses

Mrs Julia Bacon
Francis W. Page
Mrs Deborah Page
D. D. Page
Mr LeonardLeonard
P D Tiffany
Saml Knox

Executed WmWilliam Milburn MilburnWilliam Milburn Shff
fee $2.50
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County of St. LouisCounty of St Louis, Ss.
The State of MissouriMissouri,

To Mrs Vail Mr , and Charles Stuart
J. R. Sheply Esq.
Greeting:

You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our Circuit CourtCircuit Court , on the 14th day of January 1846 at the City of St. LouisCity of St Louis, then and there to
testify, and the truth to say in a certain matter of controversy now pending in our said Court,
wherein HannahHannah of Color is
plaintiff and John Pitcher
defendant on the part of the plaintiff
and herein you are in no wise to fail.

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Witness, John RulandJohn Ruland , Clerk of our said Court, with
the seal thereof hereto affixed, at office, in the City of StCity of St Louis.
LouisCity of St Louis, this 13th day of January in the year of our Lord one thousand eight hundred and forty-six

John RulandJohn Ruland Clerk, C. C.

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Celestine Hannah
vs
John Pitcher

Subp for
J RSheply Esq.


St. CharlesSt Charles St.

To appear on 14 July 1846

Served on J R. Sheply

this 14 July 1846

F BF B Murdoch . MurdochF B Murdoch


Executed Wm MilburnWilliam Milburn Shrff
Fee 50 ct
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Refused

If the plaintiff was taken by DavidDavid Page
who was then the owner of the plaintiffs to
the state of MassachusettsMassachusetts, and there remained
for weeks or months on a visit to his relations
and while so visiting held the plaintiff
there as his servant, she is entitled to freedom

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Given Jan. 20, 1846

1 If the jurybelieves from the evidence
that Daniel D. Page was the owner
of plaintiff, & that the wife of said Page
took said Slave with her on a visit to
her family in MassachusettsMassachusetts & Maine
in May & returned with her in the fall
of the same year, & that during that
whole excursion the said Mrs. Page, was engaged
in visiting among her relatives from place
to place, or in going traveling to &
from the St. LouisSt Louis to the earlier states
they will find for the plaintiff defen-
dant

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Given Jan. 20 1846

2 That if the plaintiff was carried as
a servant to the states of Maine &
MassachusettsMassachusetts by the consent of the owner
and upon there as such, namely for
the purpose of a visit for a few
months, & was retained there
on such visits from place to place
among relations of the owner, for
periods of not more than two or three
weeks, & used during the whole time
as the personal attendant as the
family of the owner & making visits then she was
not freed by such residence in
Maine & MassachusettsMassachusetts

Given Jan. 20, 1846

3 That no holding of the slave HannahHannah is
Maine or MassachusettsMassachusetts by her owner on
a mere visit or sojourning there, can set
her free, unless her right to free
dom has been inforced in those States
or out of them.

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HannahHannah (of color))
vs
Pitcher

Instructions

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HannahHannah vs John Pitcher Motion &reasonsfornew trial

1 Because the verdictis against the
law of the case

2 Because the verdict is against the
evidence

3 Because the verdict is against both
law & evidence

4. Because theCourterred in instructing
thejury

MurdochMurdoch for

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HannahHannah vsJohnPitcher

Motion&reasons
for new trial

filed 21 Jany 1846

Clerk

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HannahHannah , of color
vs
John Pitcher

In St Louis Circuit CourtCircuit Court
November Term 1845

Bill of Exceptions

Be it remembered that on the twenty first day of January eighteen hundred and forty six in this term
of November 1845. this cause came on for trial upon the
issue joined, and the plaintiff to maintain the issue on
her part called as a witness Mrs Page, wife of
Daniel D. Page, who being sworn testified - that in
the month of May thirteen or fourteen years ago, she and
her husband went to the states of MassachusettsMassachusetts and
Maine on a visit to their relations, and took with them
the plaintiff HannahHannah , then their slave as a servant
did not stay long in BostonBoston but proceeded to the state of
Maine and visited there in many places when she left St LouisSt Louis
with plaintiff, it was on a visit to her friends in the east,
expecting within a very short time to return to St LouisSt Louis again - stopped in New YorkYork
a day or two, went from New YorkYork to BostonBoston, [ staid ] there
perhaps one day, went to Parsonsfield in the state of
Maine and remained two weeks at [ connexions ] of Mr
Page, then returned to BostonBoston in MassachusettsMassachusetts, passed
through to the town of Scituate to visit a sister and other
[ connexions ] and [ staied ] among them some two weeks
more or less, thinks she returned to BostonBoston then for a day or
so & then went to New Bedford and [ staied ] there about
two weeks staying among many relations, left there
for BostonBoston and soon after was taken sick & was not able to travel and as soon
as she recovered sufficently started for St. LouisSt Louis her home; she the witness had
many [ connexions ] in BostonBoston to visit. Returned to
St LouisSt Louis in the month of October of same year
and during all the time she was absent as stated,
she had HannahHannah the plaintiff with her as a servant

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The plaintiff, then called SamuelSamuel KnoxKnox esq. who being
that he is a laywer by profession living in St. LouisSt Louis - him never practiced law
in MassachusettsMassachusetts or Maine & not acquainted with the laws of either state
sworn testified to knowledge of witness that slavery does not exist in the state
of MassachusettsMassachusetts or the state of Maine - the plaintiff
then called J. R. Sheply Esq. who being sworn testified
that he is a lawyerliving in St LouisSt Louis - never practiced law in Maine or MassachusettsMassachusetts slavery does not exist in the state of Maine or the
state of MassachusettsMassachusetts to knowledge of witness. The plaintiff also proved
by witness,, that at the time of the bringing of this suit,
the defendant held the plaintiff in possession, claiming
her as his slave, under title derived from Daniel D.
Page - Thereupon the plaintiff closed her
case, and the court instructed the jury as follows
(Here set forth the instructions given by the court)
to which instructions and the giving of the same, plaintiff objected & then excepted - the plaintiff
then prayed the court to give the following instruction.
(Here insert instruction)which the court refused
to give, and the plaintiff therefore excepted to
the opinion of the court in refusing said instruction.
And on the twenty first day of January eighteen hundred & forty six, the plaintiff came and filed
her motion for a new trial, as follows (Here set
forth the motion and reason for new trial) and
the plaintiff at the leaving of said
motion & reasons insisted that a new trial
should be granted for the reasons in said motion
set forth, but the court overruled said motion &
refused to grant the said plaintiff a new trial
to which decision the plaintiff then and there
excepted - the forgoing was all the evidence
and proceedings on the trial and on said motion
in this case, not of record, and the same is made a part of the record. Signed and sealed
this 9th day of April eighteen

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hundred and forty six.

John MJohn M Krum KrumJohn M Krum

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HannahHannah
vs
John Pitcher

Bill of Exceptions

Filed 9 April 1846

Jn RulandJohn Ruland Clerk