Title: Jane M. Cray, a mulatto woman v. William R. Hopkins, et al.
Plaintiff: Cray, Jane M.
Defendant: Hopkins, William R.Miller, Eliza O.Miller, William B.Hopkins, R. R.Hopkins, Ashley CassHopkins, Mary FrancesHopkins, Laura G.Hopkins, Adelaide H.Oliver, WilliamHopkins, William L.Hopkins, TheresaHopkins, Mary F.Hopkins, Mary A.
Date Filed: September 12, 1845
Term: November Term 1845
Cause of Action: TrespassFalse ImprisonmentAssaultBattery
Case Number: 162
Court: St. Louis Circuit Court
Publication Info: St. Louis, Missouri: Washington University in St. Louis, University Libraries
2011
Source: The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Availability: Documents are in the public domain
To the Hon John M KrumJohn M. Krum,
Judge of the Circuit CourtSt Louis Circuit Court. The
petition,
of
Jane M CrayJane M Cray respectfully represents
that
on the 15th day
of April
Eighteen
hundred
and
and thirty seven
at that
time being
owned
by
her
former master WilliamWilliam H HopkinsH. Hopkins since
deceased
did by and with the
Consent
of her
said master purchase her
freedom from
him and his
heirs,
for the
sum of
of
Six Hundred
dollars
Five Hundred
dollars
of which
were paid
to her
said
master
by
your petitioner
on
the day
& year aforesaid
upon
the
payment
of which the
said WilliamWilliam H HopkinsH Hopkins
executed
in the
presence
of
witnesses
an
acknowledgment, receipt and
obligation in the
words and
figures as follows, to
wit,
St LouisSt Louis April 15,
1837
I
have
this day
sold
my
servan,
woman,
Jane M CrayJane M Cray
to
herself
for the
sum
of
six
Hundred
dollars
of
which
purchase
money I
have received five
Hundred
dollars
and
obligate myself on her payment
of the
balance, say one hundred dollars
to
to execute a bill of sale
to her making
herself
the
sole proprietor
of her person.
W. H HopkinsH. Hopkins
Witness
Wm R. Hopkins
Witness- J.
D. G.
Manny
And your
petitioner,
further
states that afterwards
to
wit,
on the 1st day of
January AD Eighteen Hundred and Thirty Eight,
when
she had
paid to her
said master
the
full sum
of
One hundred dollars due as aforesaid
for her freedom, the
said WilliamWilliam H HopkinsH Hopkins, executed
to her
an
instrument
in
writing
in the
words
following.
to
wit
:
“
Whereas Jane M CrayJane M Cray,
did on the fifteenth day
of
April One Thousand Eight Hundrred
&
thirty seven
pay me the
sum
of
Six
Hundred
Dollars
being
the
price
of
herself
and
whereas
I did
obligate
myself
to
manumit
her, by an
instrument
of
the
same
date; I do hereby
authorize
and
permit
her, the
said Jane M CrayJane M Cray to go
and
reside in any County
in the
IllinoisState
Illinoisof
IllinoisIllinois
there to do and
act
for
herself Witness
my hand this first
day of January, one thousand eight hundred and thirty eight
W. H HopkinsH. Hopkins
And your
petitioner further states that afterwards during the summer of
the year 1838, the
WilliamWilliam H HopkinsH Hopkins
died
intestate
and
without executing
to
your petitioner
any
deed
of
eman
-
cipation according
to the
laws
of
the state of IllinoisIllinois
or
any
further
evidences
of
her freedom
than the paper aforesaid. That your petitioner
before the death of the
said William HopkinsWilliam Hopkins was acknowledged
a
free women
and
suffered by him to act as such
and
since
the death of the
said Wm H HopkinsH Hopkins
the
heirs
of
said HopkinsHopkins
nonwithstanding
the frequent solicitation
of your petitioner to
that
effect
have neglected to carry out
the intention of the
said Wm Hopkins
,
by giving executing to her the papers ne=
cessary
to fully
emancipate
her under
the laws of this state:
And your petitioner further states that
failing to obtain the deed of
emancipation
necessary to free her according to the laws
of this state, she did, during the year
Eighteen
Hundred
& forty four
with the advice,
con-sent,
knowledge, approbation of the
said
heirs
of the said
Wm H HopkinsH Hopkins
for
the purpose of
more
fully
entitling
her
self to her right of freedom
go
to the state of
IllinoisIllinois
and did then, to
wit
, in the town
of
Galena CountyGalena
Galena CountyCounty of do
and act for herself as a free
woman
from the about the 1st day of September until
the about the 1st day of October,
AD Eighteen
Hundred & forty four
And your petitioner further states that
the
heirs of the said
WilliamWilliam H HopkinsH Hopkins now
living
are
WilliamWilliam R Hopkins, R.R. Hopkins, Ashley Cass H HopkinsH
Hopkins
- Mary
Frances
Hopkins
Adelaide
H HopkinsH. Hopkins, Laura G. Hopkins, and
ElizaEliza O. Miller - Children of the said
WilliamWilliam
H HopkinsH. Hopkins - WilliamWilliam
C. Hopkins TheresaHopkins,
Hopkins TheresaTheresa
Hopkins & Mary F. HopkinsHopkins - children of
Elliott K.
Hopkins,
decreased, and grand children of
this
said
WilliamWilliam
H HopkinsH. Hopkins
(decd)
And your petitioner also states that, although
she
has never been disturbed in her freedom
by the said heirs of the said
WilliamWilliam
H HopkinsH. Hopkins,
yet
in
asmuch
as she has acquired by her
industry
some
property in this state, she cannot
foresee what
may
happen, hereafter, to
to deprive
her of the fruits of her labour un
less her right to freedom be established ac
cording to law, beyond controversy
Your petitioner therefore prays that, in
consideration of the
previous
, she may have
leave to
sue
as a poor person, in order to
establish her right to freedom, and that
Counsel may be
assigned
to her for
that
purpose, and as in duty bound
those
will ever pray
&
.
JaneJane
her
M Cray
x
Mark
Attest
Jn. H.
Watson.
Petition of Jane McCray On reading &
considering
the above foregoing
petition
it is ordered
(if the petitioner shall
give
security as required
by law, satisfactory
to the
Clerk of the Circuit CourtSt Louis
Circuit CourtCircuit Court) that she
be allowed
to sue
for her freedom -
it
is further
ordered
that said petitioner have
liberty to attend the counsel as occassion
may
require that she be
not removed
from
the
jurisdiction
of the Circuit CourtSt. Louis Circuit Court &
that she be
not
subjected to any severity
on account of
her application
for
freedom.
It is
ordered
that
Grace Esq
be
appointed said
suit given this 12
day
of Sept. 1845
John M KrumJohn M Krum
Judge 8th Jud. Cir. Mo
County of St LouisCounty of St. Louis,
ss.
The MissouriState of Missouri,
To the Sheriff of St. Louis County-Greeting:
We command you to summon William R HopkinsWilliam R Hopkins, ElizaEliza O
Miller, and her husband WilliamWilliam B Miller, R R Hopkins, Ashley
learr Hopkins, Mary Frances Hopkins, Laura G Hopkins, William
R HopkinsHopkins guardian of said Ashley, Mary Frances & Laura,
Adelaid H HopkinsH Hopkins, and her guardian WilliamWilliam OliverOliver, WilliamWilliam C
Hopkins, Theresa HopkinsHopkins, May F. Hopkins, and
MaryMary
A Hopkins of as guardian of WilliamWilliam C Hopkins, Theresa HopkinsHopkins and, Mary F. Hopkins,
if they be found in your county, that they be and appear before the Judge of our Circuit CourtCircuit Court, on the first day of the next term thereof, to be
held the City of St LouisCity of St. Louis, wihtin and for the county of St LouisSt. Louis, on the third Mon-
day of November next, then and there to answer unto Jane M CrayJane M Cray
of a plea of tresprass
to the great damage
of said plaintiff
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
twenty third day of October in the year of our Lord eighteen
hundred and forty five
John RulandJn. Ruland Clerk.
On reading & considering the above foregoing Petition, it is ordered (if the
petitioner shall give security as requied by law satisfactory to the clerk of the
St LouisSt. Louis Circuit CourtCircut Court) that she be allowed to sue for her freedom -
&
it is further
ordered
that said petitioner have reasonable liberty to attend her counsel as
occassion may require, and that she be not removed from the jurisdiction
of the Circuit CourtSt. Louis Circuit Court and that she be not subject to any
I acknowledge myself bound for all costs tht may accrue in the above cause.
Witness my hand and seal, at St LouisSt. Louis, this day of 184
severity on account of her application for freedom. It is also ordered
that P. C. Grace esq: be appointed as Counsel to conduct the said suit.
Given under my hand this 12th day of sept. 1845. John M KrumJohn M Krum,
Judge 8th Jud Cir. Mo
A true copy of the order of the Judge attest John RulandJn. Ruland clk
Executed this writ in the County of St LouisCounty of
County of St LouisSt
Louis
by offering
to read it and the
declaration to William R HopkinsWilliam R
William R HopkinsHopkins
on the 25th in his own right and as guardian
for
Ashley
, Mary
Laura
Hopkins
, to ElizaEliza
Miller Mary
Francis
and
Laura
G
Hopkins
on the 27th
day of October 1845 to Richand R
Hopkins
on the 10th and to WilliamWilliam B Miller
Guardian
of the said ElizaEliza on the 11th days of November
1845 and by reading
it each of the defendants above
named the
the order
of the judge in
this case
Ashley Cass Hopkins - Adelaide K
Hopkins
and
her
guardian WilliamWilliam OliverOliver- WilliamWilliam
C Hopkins TheresaHopkins
Hopkins TheresaTheresa Hopkins,
Mary
G
HopkinsHopkins
- and Mary
Hopkins
guardian &c not found in my
county
William MilburnWilliam Milburn
shff
By A. C.
OsburnOsburn
Fees $ 10.50
No 162
Circuit CourtSt. Louis Circuit Court
November Term 1845
Jane M CrayJane M Cray
vsSummons
25th
William R HopkinsWilliam
William R HopkinsR Hopkins,
ElizaEliza O Miller
and
her husband WilliamWilliam B Miller
27th
Tuany Hopkins Ashley Cass Hopkins,
Mary Francis Hopkins Laura G Hopkins
William R
HopkinsHopkins Guardain
of
said
Ashley Mary Francis
Laura
Adelaide H HopkinsH Hopkins her guardian
WilliamWilliam OliverOliver WilliamWilliam C Hopkins TheresaHopkins
Hopkins TheresaTheresa Hopkins, Mary
F HopkinsHopkins
and Mary F Hopkins gurardian of
said
, TheresaTheresa and MaryMary
F
F
.
Suit for freedom
Grace atts
Filed October 23rd 1845
John RulandJohn Ruland clk
|
1.or | 1.
|
|
| 1.00 |
| copy per
| 7.75 |
|
| 3.75 |
Cond [17 p 448](TBD)-
Dismissed
for want of
prosecutors
June 16 1849
[17 p 624](TBD)
Dismissed
set aside [ 18 p 209](TBD)
contd
[19 p 62](TBD) cond [19 page 229](TBD)
nov 1850 Contd [20 p 194](TBD)
nov. 1851 his
[27 p 335](TBD)
7th JanyJany
1852.
Jane M CrayJane M Cray
vs William R HopkinsWilliam R.
William R HopkinsHopkins et als
heirs of William HopkinsWilliam Hopkins decd
Suit for Freedom
In the Circuit CourtSt Louis Circuit Court
November Term 1848
The undersigned defendants in the above
Enti-
tilled case, understanding that the case
was
determined
in the last term of the Circuit CourtSt Louis
Circuit CourtCircuit Court hereby signify their assent and
agreement to the reinstatement of the
same on the docket of said court they
being unwilling to take advantage of the
said dismissal in
asmuch
as the suit
is
amicable
in its character. They
waive all further notice to them and agree
that the case may proceed as if no such
dismissal
had taken place
W R Hopkins
signed self as
Guardian for
MaryMary Frances
and Laura Hopkins
A. C. Hopkins
R R HopkinsHopkins
In the Circuit court of St Louis County November
Term
1845
State of
MissouriMissouri
County St LouisCounty of
County St LouisSt Louis
ss
Jane M CrayJane M Cray
a
Mulatto woman complains
of
William R HopkinsWilliam
William R HopkinsR.
William R HopkinsHopkins
-
ElizaEliza
O.
Miller and her husband WilliamWilliam
B.
Miller
- R. R.
Hopkins
-
Ashley Cass Hopkins
-
Mary Frances Hopkins and Laura G Hopkins
The
said
William R HopkinsWilliam
William R HopkinsR
William R HopkinsHopkins Guardian
of the said
Ashley
-
Mary Frances and Laura
-
Adelaide
H HopkinsH.
H HopkinsHopkins
, and
her guardian WilliamWilliam OliverOliver
, -
WilliamWilliam
L.
Hopkins TheresaHopkins
-
Hopkins TheresaTheresa Hopkins
, Mary
F Hopkins
, and
MaryMary
A.
Hopkins
as
guardian
of the
said William
L. -
Theresa
-
MaryMary F
- of
a
plea
of
Trespass
:
For
that the
said
William R HopkinsWilliam
William R HopkinsR.
William R HopkinsHopkins
-
ElizaEliza
O.
Miller
, and
her husband WilliamWilliam
B.
Miller
- R. R.
Hopkins, Ashley Cass Hopkins
, Mary
Francis Hopkins
-
Laura G
.
Hopkins
and the said
William R HopkinsWilliam
William R HopkinsR
William R HopkinsHopkins
as
guardian
of the said
Ashley Cass
-
Mary
Francis Laura G
. -
Adelaide H HopkinsH Hopkins
, and
WilliamWilliam OliverOliver
, as
guardian
of the said
Adelaide
H. -
WilliamWilliam C
.
Hopkins TheresaHopkins
-
Hopkins TheresaTheresa Hopkins
- Mary
F HopkinsHopkins
, and
MaryMary A Hopkins
, as
guardian
of the said
WilliamWilliam
C. -
Therresa, MaryMary F
on the
first day of july in the year A
D
eighteen Hundred & forty five - at
St LouisSt Louis
, to
wit
-
at the
County aforesaid with force
and
arms assaulted
the said
Jane M CrayJane M Cray
and
her
, the said
Jane M CrayJane M Cray
, then and
there took
imprisoned
and
restrained
of her
liberty
, and her, the said
Jane M CrayJane M Cray
held in
servitude
from the first day
of July
A
D
Eighteen
Hundred
and
forty
five until
the
first
day of
September
AD
Eighteen Hundred
and
Forty Five
,
without any reasonable or probable cause against
the
law
of the land, and
against
the
will
of her, the said
Jane M CrayJane
Jane M CrayM Cray, and
other
wrongs and injustices against
the said
Jane M CrayJane
Jane M CrayM Cray, then and there did:- and
she
, the said
Jane M CrayJane
Jane M CrayM Cray and
declares
that
she, the
said
Jane M CrayJane
Jane M CrayM Cray
before and at the time of the
Committing
the said
grievances
was and
still is
a
free
person, and that
the
said
defendants
-
held
and still
hold
her
the said
Jane M CrayJane
Jane M CrayM Cray in
slavery
,
against the
peace
c, and to the
great
damage
of the said
Jane M CrayJane
Jane M CrayM Cray
and
Therefore she brings
her
suit
Grace, Atty
We Hereby bind ourselves
as
securities
for
all costs
that may be
adjudged against
the
palintiff
in this
No in the Circuit CourtSt. Louis Circuit Court
November Term
1845
Jane M CrayJane M Cray
vsWilliam R. Hopkins esals
suit for freedom
Clerk mile please issue
Grace
