Susan, a free woman of color v. Henry Hight

Item

Susan, a Free Woman of Color V. Henry Hight. 1817, St. Louis Circuit Court Historical Records Project, accessed October 5, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60590

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Case Title: Susan, a free woman of color v. Henry Hight
Series: Freedom Suits
Plaintiff: Susan
Defendant: Hight, Henry
Date Filed: 1817-05-02
Filing Date: 1817-05-02
Plaintiff’s Attorney: McGirk, Mathias; Benton, Thomas Hart
Defendant’s Attorney: Barton, Joshua; Easton, Rufus
Court Name: Missouri Supreme Court; St. Charles Circuit Court
Court Term: 1818-02
Judge: Cook, John D.; Jones, John Rice
Clerk: Christy, William
Justice of the Peace: Green, Jason
Sheriff: Devore, J.; Parmer
Sworn Declarant: Thompson, William; Whitesides, William B.
Cause of Action: Assault and Battery; False Imprisonment; Trespass
Case Notes: Plaintiff was once a slave of James Reyan (also spelled Reyal and Rain) in the Indiana Territory; defendant was administrator of estate of Reyan; originally filed in St. Charles County, May 1817; appeal to Missouri Supreme Court.
Case Number: 127
Identifier: ccr1817.02934.030
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **Susan, a free woman of color v. Henry Hight**

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**Page 1** (2934_001.jpg)
> *Legal Function: Plaintiff's Petition*

To the Honorable the Judge of the CircuitCourt
of the Northern Circuit of the Territory of Missouri sicting[?] as a Circuit Court in and for the County
of Saint Charles
The Petition of Susan a free black
woman humbly showith. That some time above
the year one thousand eight hundred and ninety
one James Royall removed[?] your petition from
the state of Mary land into the then Indiana/now Illinois ) Territory) and continued to reside in said
Territory keeping your petitioner in his possession until some time about the year the thousand eight hundred and twelve. when your petitioner was
removed to the now Missouri Territory, and has ever
since been held as a slave by the plaintiff
Herny Hight who as your petitioner has been informed
is administrator of the estate of the what of the said James Royal now decreased. That your petitioner has been informed that in consequence of having been removed into the Indiana Territory as aforesaid
and having resided there for the time aforesaid the
is entitled to her freedom by order of an ordinance and of Congress papers for the Government of said
Territory. Wherefore your petitioner prays that
your honor will order that an action may
be instituted against the said Henry Hight
on behalf your petitioner for the purpose of accu=ering[?] her freedom if she be entitled to it and
that counsel may be assigned your petitioner

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**Page 2** (2934_002.jpg)
to assist her in conducting said suit and that such other
order may be made as is necessary in this behalf
And your petitioner will ever pray &c

*2nd May 1817 Susan by
M"M Girk*
> *Legal Function: Caption*

Susan free woman
vs
H. Hight
[illegible]

*filed 2nd May 1817 Wm. Christy for C.C.*

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**Page 3** (2934_003.jpg)
> *Legal Function: Affidavit*

William B. Whitesides states that he knew a negro
girl named Susan to be in the possession of James
Reyal in the now Illinois Territory for about two years
preceding 1812 when the said Reyal removed the
said girl from said Territory to the now Missouri
Territory. and that he understands and believes the
said girl is now in the possession fo Henry Hight
of St Charles County .

*William B Whiteside[?] Sworn to and subscribed
before me a Justice of
the peace for St Charles
sournthy[?] the 30th April
1817
James Green J F*
> *Legal Function: Caption*

Susan Negro Girl affidavit Wm B. Whitside[?]

*Filed 2 May 1817 Wm. Christy JC[?]*

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**Page 4** (2934_004.jpg)
> *Legal Function: Affidavit*

Territory of Missouri
Country of Saint Charles Sct.
Personally Came before me
William Christy for Clerk of the Circuit Court for the County of
Saint Charles in the in the Town of Saint Charles, M. McGirk and do state on oath that he knew a certain Negro girl named Susan
to be in the possession of Henry Hight administrator of James
Rain Deceid,[?] and the said Hight claimed the said girl a
the property of said Rain Deceased. and she has been claimed and is yet claimed by Hight Hight as a slave one under hire
to someone in St. Charles by said Hight
And I have often heard
Henry Hight say that
said Susan did come from within Illinois Territory and
that she has resided with one James Royal
There for some time

*M . McGirk Sworn into & Subscribed in open Court
2 May 1817 M. Christy Jc.[?]*

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**Page 5** (2934_005.jpg)
> *Legal Function: Summons*

Territory of Missouri County of Saint Charles Sct.
The United States of America
To the Sheriff of the Country of Saint Charles_ Greeting
We Command you to Summon Henry Hight if he be
Found in your County to be and appear before the Honorable
the Judge of our Circuit Court to he holden for the County
of Saint Charles at the Court House in the town of Saint Charles on the Fourth Monday in November next. Then and there to answer Susan N Free Black Woman of a Plea of Trespass with force and arms. To The Damage
of the said Susan of Five Hundred Dollars
And have you then thre and this writ.

*Witness William Christy Junior Clerk of our said Court at Saint Charles the Ninth day of June
in the year of our Lord one thousand
Eight hundred & seventeen and in the Forty first year of the Independance[?]
of the United States Wm Christy J.C.*

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**Page 6** (2934_006.jpg)
> *Legal Function: Certificate of Execution*

Executed Sheriff
Sheriff $ 1,,50
> *Legal Function: Caption*

Susan a free woman
vs
Henry Highte
Mar. Jmp.
Dam $ 8. 00
To the Clerk let a summons
issue to Nov term 1817
M Girk
somptines[?]
attor
on the fourth
Monday in November
McGirk

*filed the 26th May 1817 Wm Christy JC C.C.C.[?]*
> *Legal Function: Certificate of Execution*

Executed in the Township of Portage des Seoix on the
24th day of July one Thousand eight hundred and seventeen

*Parmer Dept Shff[?]*
> *Legal Function: Caption*

Susan a free woman
Henry Hight

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**Page 7** (2934_007.jpg)
> *Legal Function: Subpoena*

Territory Of Missouri ,
County of St. Charles. ss. The United States of America the Sheriff of said county. Greeting:
[illegible] are hereby commanded to summon William Thompson
that all excuses and delays set aside he should appear before the Judge of our circut court, at the next
february term on the first day thereof, to the [illegible] truth of his knowledge [illegible] a certain
matterof controversy in the said court depending, between [illegible] Plaintiff and [illegible] Defendant, [illegible] the part of the
plaintiff hereof [illegible] not to fail not at your peril, and have you then [illegible] there this writ.

*Witness, [illegible] of our said at Saint Charles , this [illegible] day of [illegible] in the year of our Lord one thousand eight hundred and eighteen and in the forty second year of the
Independence of the United States , [illegible] [illegible]*

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**Page 8** (2934_008.jpg)
> *Legal Function: Other*

case- A a slave in
Indiana , sues B her
master then, gets Judgnent of freedom
resides there- the master 5 years after
moves to Missouri , gets possession of
A in Missouri_ A sues in Aug
same, can A recover?

*The Circuit Court at St Louis
have said Aimle[?] be a slave*
> *Legal Function: Other*

issue All
> *Legal Function: Caption*

no 127
October S. 1820
Circuit Court
February Term 1818
Susan a Black Jr
vs.
Henry Hight
[illegible]
Sum

*William Thompson*
> *Legal Function: Certificate of Execution*

Executed in the Trespass
Saint Charles in the 9th day of February 1818.

*J. Devore to June.*
> *Legal Function: Bill*

|   |   |
|---|---|
| 1 Service | $. 0.3 |
| Mileage | .53[?] |
| | 0.83[?] |

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**Page 9** (2934_009.jpg)
> *Legal Function: Defendant's Demurrer*

Henry Hight
ads
Susan a Blackwoman
February Term 1818.
And the said Henry Hight
saith that the said replicaton[?] of her the said Susan
and the matters and things therein contained are not good and sufficient in law to enable her
the said Susan to have and maintain her
said action thereof against him the said Henry
and this be the said Henry is ready to verify- Therefore for want of a sufficient replication in this behalf the said Henry prays judgement
and his costs to be adjudged to him M
And for cause of demurrer in this behalf
according to the form of the statue in such
case made and provided. The said Henry
sets down and shown to the Court here
the pace owing came of demurrer to the said replication that is to sa;, That the said replication takes a [illegible] after a [illegible]
and tavern the movement to the defendants
Tavern.

*J. Barton for Deft*

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**Page 10** (2934_010.jpg)
> *Legal Function: Caption*

H. Hight
ads
Susan
Demurrer to replication

*Filed Feby. 24th 1818 Wm Christy Jr. C.C.C.*

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**Page 11** (2934_011.jpg)
> *Legal Function: Defendant's Plea*

In the Circuit Court
November Term 1817.
Henry Hight
ads
Susan as a Wack woman
And the said Henry Hight by J. Barton his attorney comes and defends
the force and injury when M and sath that the
said Susan ought not to have and maintain her
said action thereof against him because he saith
that the said Susan before and at the time when
The said trespasses and imprisonment are above
supposed to have been committed was and
still is the slave of him the said Henry Hight towit:[?] at the County aforesaid, this that
the said Susan at the time was and still is
free in manner and form as the said Susan
above in her declaration supposes. And this
he the said Henry Hight is ready to verify wherefore he prays judgement M

*J . Barton & R. Easton atts for[?] the defendant*
> *Legal Function: Defendant's Plea*

And for further plea the said Henry Hight saith he is
not guilty in manner and form as the said Susan
above in her declaration supposes and of this he
puts himself on the Country

*easton J Barton[?] for for deft_*

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**Page 12** (2934_012.jpg)
> *Legal Function: Caption*

Henry Hight
ads
Susan slave
plea
Slavery pleaded in in her
> *Legal Function: Other*

Plea plea: cancelled replication within
27 feby 1818.
.W.C. J.C.C.C.
> *Legal Function: Plaintiff's Response*

Susan a free Black woman
vs
Hight
Replication
And the said Susan by M McGirk her a attorney says
that for any thing alleged by said Henry in said first plea she ought
not to be heard nor preeluded because sha say that she [illegible]
nor is not a slave free in manner and form as she said many has
alleged in his said fond plea declaration and this she prays maybe [illegible]
ofly the Country

*M. McGirk*
> *Legal Function: Plaintiff's Response*

And as to the record plea of the said Henry in this behalf above
pleaded wherein he puts himself on the she the said Susan
Doth of like

*M McGirk attor[?] for pltff.
Filed the 29th Nov. 1817. Wm Christy Jr C.C.C.*

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**Page 13** (2934_013.jpg)
> *Legal Function: Subpoena*

Territory Of Missouri ,
County of Saint Charles. ss. The United States of America to the Sheriff of said county --Greeting:
You are hereby commanded to summon William Thompson that all excuses and delays set aside he be and appear before the Judge of our circuit court, at the next
June term on the first day thereof, to testify the truth of his knowledge touching a certain
matter of controversy in the said court depending, between Susan a Black Girl Plaintiff and Henry Hight Defendant, on the part of the
plaintiff hereof he is not to fail, and fail not at your peril, and have you then and there this writ.

*Witness, William Christy , Junior, clerk of our said court at Saint Charles , this twenty second day of april in the year of our Lord one thousand eight hundred and eighteen and in the year of the
Independence of the
United States , the forty second Wm Christy Jr*

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**Page 14** (2934_014.jpg)
> *Legal Function: Caption*

Circuit Court
June Term 1818
Susan a Black Girl
versus. - Sup-
Henry Hight_
Summon

*William Thompson*
> *Legal Function: Bill*

Sheriff fees
|   |   |
|---|---|
| 1 Service | 33 |
| Millage | 60 |
| | Cts .93 |
> *Legal Function: Certificate of Execution*

Executed in the Township of Portage de Seioux
on the 25th May 1818

*Wmh[?] J. Devore Shff By
Warner Dept. Shff*

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**Page 15** (2934_015.jpg)
> *Legal Function: Recognizance Bond*

Know all nearby then Presents that I Mathias
Mc Girk Esq our recognized held and firmly
bound unto Henry Hight administration &c. and
to the officer of the Circuit Court of the
County of Saint Charles in the sum of
one hundred dollars lawful money of the
United States_ for the payment of which well & truly to be made I do hereby
bind myself my heirs executors & administrators firmly by there signed
with my hand & dealed with my deal
then 27th day of June 1818
The Condition of this recognizance
is such that whereas Susan a Black=
woman plaintiff as a suit for her
freedom instituted against Henry Hight,
administration of deceased
has at the present June Term of the Circuit Court of the County of Saint Charles in
the year above written appealed from the
Judgment of said Court in the suit afore=
said, now therefore if the said Mathias McGirk Esqr. shall well and truly pay
all the was to which the said Defendant of the officers of the Judgement of the Circuit Court is confirmed in the Supreme Court
on the appeal of the said Susan the
this recognizance or bond to be void otherwise to be void
otherwise to remain in full force & virtue.

*Jsst.[?] M. M. McGirk
Wm Christy J.C.*

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**Page 16** (2934_016.jpg)
> *Legal Function: Caption*

Boues \$100
M . McGirk .
on appeal. for
Susan a black girl

*filed 28th June 1818 W. Christy Jr Clk*

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**Page 17** (2934_017.jpg)
> *Legal Function: Record*

State of Missouri
Country of St Charles
Ss
At a a Supreme Court
held for the second Judicial District at the Town
of St Charles . On Monday the Twenty fourth
day of September, in the year of our Lord
One Thousand Eight hundred and Twenty one
Were Present Mathias McGirk

*John D Cook [illegible] of said Court*
> *Legal Function: Record*

Be remembered that heretofore, to wit on
the 26th day of March in the year of our Lord
Eighteen hundred and Twenty one was sent
hither from the late Superior Court of the
Territory of Missouri for the Northern Circuit
the Transcript of the record of a Certain ap[?]
peal. Between Susan a Black girl who sues for her freedom and
Henry Hight in the Words and figures following. To Wit
August Term 1818
September [illegible] 10th Continued
by Consent.
September Term 1819.
October the fourth
The parties appear by their attornies[?]
Whereupon Mr McGirl[?] suggests adimi--nstration[?] and thereupon. It is ordered that
a [illegible] the Circuit Court of the
County of St Charles . Commanaing[?] the said
Court to Complete the said Record.
> *Legal Function: Record*

Susan a Black Girl
vs
Henry Hight
An Appeal
Continued.

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**Page 18** (2934_018.jpg)
> *Legal Function: Record*

Susan a Black [illegible]
vs
Henry Hight
On Appeal
The Court align William Smith Esqr as
Councel for the appellant. Tuesday the 25th September 1821.
And now as this day came the practice by
their Attornies[?] aforesaid but because the
Court now here is not yet [illegible] about
giving payment of and Concerning the
said premises. Any is therefore given to the
said prairies Come before the Court untill
Common 9.O clock to here Judgment of and upon the premises.

*Thursday Morning 27 Sept. 1821 Were present
John Cook &
John Rici Jones[?] of said Court*
> *Legal Function: Record*

Susan a Black Girl
vs
Henry Hight.
Appeal certified from
the Superior
Court 3 [illegible]
The Court being sufficiently carried of &
Concerning the premises; and because there
is manifest, and in the proceedings of the
said Circuit Court apparent on the face
of the record thereof. It is Comisioned[?] by the
Court here, that the said Judgment of the
Circuit Court of the County of St Charles be and set aside; and the cause remanded to said Court; and
a

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**Page 19** (2934_019.jpg)
> *Legal Function: Record*

a new trial had therein upon an issue to
be made on the first plea of the said De
fendant,[?] in Conformity with the opinion of this Court in this case. It is furthermore com
manded by[?] the Court that the appellant recov-er against[?] the appellee her costs and Char
-ges about her appeal in this behalf laid
out and expanded. And that she have
thereof her execution_
> *Legal Function: Certificate*

State of
Missouri
County of St Charles
William Christy
Junior Clerk of the Supreme Court of the State of Missouri , for the second Judicial District Certify that the foregoing is a
transcript of the record and proceedings
in the case of Susan a Black Girl appellant against Henry Hight appellee.

*In Testimony Whereof I have
hereunto subscribed my name and
affixed my private seal (there being
no official seal yet provided)At St Charles This 13th day of October
in the Year of our Lord Eighteen
hundred and twenty one. Wm Christy Jr.*

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**Page 20** (2934_020.jpg)
> *Legal Function: Caption*

Susan a Black Girl appellant
vs
Hemy Hight appellee
Record
Clerk Ley L.C.c
|   |   |
|---|---|
| [illegible] | 1.00 |
| Certificate | 0.50 |
| Lean | 0.25 |
| | \$2.75 |

*filed 13th October 1821 Wm Christy Jr. C. C. C. Cy[?] of St. Charles*

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**Page 21** (2934_021.jpg)
> *Legal Function: Caption*

Susan a black Girl
vs [illegible] deft
Henry Hight
from the Circuit Court St. Charles County

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**Page 22** (2934_022.jpg)
> *Legal Function: Transcript*

[illegible]
the fifteenth day of said month and in the
year of our lord One thousand eight hundred &
twenty One, and in the forty sixth year of
the Independence of the United States.
Were present

*The Honorable Rufus Pillebone Jr Judge[?] of said Court*
> *Legal Function: Transcript*

In the record and proceedings of said
Court - are the following
Susan a Black Girl
vs
Henry Hight
Appeal commanded from the
Supreme Court , for
the Second Judicial district.,

*The_*

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**Page 23** (2934_023.jpg)
> *Legal Function: Certificate*

do Certify the foregoing to be a
true copy of the preceedings in
this Case, and do herewith Cer-
tify[?] to the said St. Louis Circuit
Court the Original record in said
case. - [illegible]
my hand & seal at St. Charly this 4th
day of februrary 1822.

*Wm Christy Jr.*
> *Legal Function: Bill*

|   |   |
|---|---|
| Clerks yrrs- \$1. 0. St Charly.
Tax on Seal 1. $ 2 | \$2.0 |
| Clerks [illegible] In the original Suit \$13.20 | |
| 15.95 | |
| Ditto. do. In the the Supreme Court - 2.75 | \$17.95 |
| Ditto. do. In the Circuit Court | |
| Sheriffs year- 4. 80 1/2 Jururs fees \$3 Attny 6$ | 13.80 1/2 |
| J.N.G aruier[?], his yer In Supreme Court | 5.20 |
| aggragate | \$36.95 1/2 |

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**Page 24** (2934_024.jpg)
> *Legal Function: Judgment*

Susan a Black woman vs Henry Hight
An appeal
from the St .
Charles Circuit Court
This was an action of assault &
Battery and false imprisonment instituted by
order of the Circuit Court of St Charles County
in the name the plaintiff ( Susan ) who
Claimed her freedom) against the defendant (who claimed her as a Slave) the
first and most difficult question which
arises in the Cause grows out of the defen dants first[?] plea and the replication thereto,
the plea alleges the plaintiff to be the slave of the defendant, and traverses her being
free as alleged in her declaration, the plain-tiff replied that she is free in manner and
form as she has alleged in her declaration
and concludes to the Country, the defendant
[illegible] to this replication and assigned
as cause of demurrer, that, the said replica=tion[?] takes a upon a [illegible] and
[illegible] the inducement to the defendants traverse: upon this [illegible] the Circuit
Court gave payment for the defendant, and
the plaintiff applealed to this Court, the
act which regulates proceedings in cases
of this hand, seem to have been passed for
the sole purpose of enabling free persons
held in slavery to recover their freedom, and
to contemplate an issue, which will ascer-tain,[?] whether the party held in slavery is free or not; pursing the of this
Statue; the question naturally presents
itself. Whether the pleading in this Case

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**Page 25** (2934_025.jpg)
tend to such issue, with Common Certainty,
the declaration is in Common form. The
plea substantially justifies the tresspass by alleging[?] that the plaintiff is his slave
but unnecessarily traverses a fact which
is not owned in the declaration. if the de =fendants traverse[?]
[illegible] were well taken the
replication would very Correctly assigned the sub-
ject of the traverse, and should not deny
the inducement to it. And if the defendant had not added a traverse to the plea a very apt and proper issue might have been
found, by the plaintiffs replying that she
was free, and traversing the matter set
fourth in the plea which would have
been a formal and proper replication; to bring alone to the special Cause assigned,
the demurrer was certainly improperly
sustained, in as much as such cause
[illegible] for the replication simply affirms the freedom of the plaintiff which is traversed; The true traversed by the replication, was the appropriate one, and
does not notice the [illegible] to such travers; The true traversed[?] by the replication, was the appropriate one, and
at the informal: yet as the infromally
was accustomed by the defendants unnecessary traverse and as the material fact was substantially put in issue by
the replication. It is the opinion of
this Court that the Circuit, in
Sustaining the demurrer to the replication, whatever the State of the

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**Page 26** (2934_026.jpg)
> *Legal Function: Judgment*

pleading may be the Statue puts the
of proof on the plaintiff: and where he issue is found for the plaintiff
a Judgment of Emancipation: this shows that the object of Legislature was to afford to plaintiff of this an opportunity to turn the question of freedom fairly put in issue because the parties,
upon the first error assigned, the Judg=
ment of the said Circuit Court must be reversed and the Cauuse remanded[?]
to that Court, there to be tried as an true to be taken on the said first plea
of the defendant. And the appellee the costs of this appeal. as the [illegible] judgement is
revered the first error aforesaid
the Court deem it unnecessary to give
any opinion as to the other points

*(signed) John C. Cook Jn Rice Jones[?]
Judges*

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**Page 27** (2934_027.jpg)
> *Legal Function: Bill*

Aim a Black Girl
vs
Henry Hight
Dr Jabez Hubbard[?], a Witness in this
case 3 days [illegible] \$1.50

*Jabez Hubbard[?]*

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**Page 28** (2934_028.jpg)
> *Legal Function: Agreement*

Susan a black woman
vs
Henry Hight
Action of assualt[?]
and battery and false imprisonment for
freedom
It was proved on the trial of the cause that in
the year 1889 One James Rayer came from[?]
the State of Maryland a slave [illegible] holding in state
to the [illegible] and Territory a part of the North Western Territory and to that part which is
now Illinois Territory and that he brought with
him said susan and claimed and exercised authority over here said Illinois Territory as a slave till 1812 then he removed there
[illegible] 1812 there he removed to Louisiana Territory and took said Susan with him and that she before
the bringing of this suit came into the hands of defendant being administrator of said Rayer and by him[?] as a slave and that
the was the service of Comencement[?] [illegible]
of this suit in the hands of siad Hight[?] and [illegible]
is in his hands -

*M McGirk Benton .
J. Barton
Easton &[?]*

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**Page 29** (2934_029.jpg)
> *Legal Function: Other*

he says if they err there is noowe to set then right
I want him to state what the time the Registery
is in Illinois
> *Legal Function: Verdict*

We the jurors find for the
Defendant

*Delany Brunell[?]*

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**Page 30** (2934_030.jpg)
> *Legal Function: Plaintiff's Complaint*

Missouri Territory Saint Charles County In the Circuit Court for St Charles Couty[?]
Susan a free black woman
permitted by the court to sue as a poor person
by Mathias M'Girk[?] & George Tompkins her
attornies[?] for that purpose specially appointed
by the court complains of Henry Hight of a
plea of trespass; for that the said Henry on
the first day of November - in the
year eighteen hundred thirteen - with
force & arms &c made an assault upon the said
Susan , to wit, at the said county of Saint_ _ _
Charles & within the jurisdiction of this court
and then and there beat, bruised & illtreated her[?]
the said Susan , and then and there imprisoned
her the said Susan, and detained and kept her
in person there, without any reasonable or prob-able[?] cause whatsoever, for a long time, to wit,
from the time aforesaid till this present time,
contrary to the laws & peace of the United States &
of this territory, and against the will of the
said Susan : to the damage of the said Susan
of five hundred dollars and therefore she sues

*M'McGirk attorney[?]
for plaintiff*

Item sets: All Circuit Court Records; Freedom Suits Case Files, 1814-1860; Circuit Court Cases

Susan, a Free Woman of Color V. Henry Hight. 1817, St. Louis Circuit Court Historical Records Project, accessed October 5, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60590