Anna, a woman of color v. Thomas Higginbotham
Item
Anna, a Woman of Color V. Thomas Higginbotham. 1831, St. Louis Circuit Court Historical Records Project, accessed October 8, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60753
- Case Title
- Anna, a woman of color v. Thomas Higginbotham
- Series
- Freedom Suits
- Plaintiff
- Anna
- Defendant
- Higginbotham, Thomas
- Date Filed
- 1831-08-15
- Filing Date
- 1831-08-15
- Plaintiff’s Attorney
- Bird, Gustavus A.
- Court Name
- St. Louis Circuit Court
- Court Term
- 1831-11
- Judge
- Carr, William C.
- Clerk
- Gamble, Archibald
- Justice of the Peace
- Walsh, Patrick K.
- Cause of Action
- Trespass
- Assault and Battery
- False Imprisonment
- Case Notes
- Plaintiff claimed she was taken to Illinois by John Parkinson, son-in-law of defendant, to make permanent residence; claimed she was moved to St. Louis, in the possession of Pleasant W. Rose; offered for sale to someone who would take her to New Orleans.
- Case Number
- 12
- Identifier
- ccr1831.06744.007
- Source
- Missouri State Archives - St. Louis
- Rights
- Public Domain
- PDF Download
- Download PDF of all images
- Transcription
-
**Anna, a woman of color vs. Thomas Higginbotham**
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**Page 1** (6744_001.jpg)
> *Legal Function: Order*
St. Louis Circuit Court July Term 1831 Monday 15th August 1831
Gustavus A Bird presents to the Court the petition of Anna a
woman of color praying that she may be permitted to institute suit
against Thomas Higginbotham to establish his right to freedom and
that she may be permitted to sue as a poor person thereupon the court
permits the said Anna to sue as aforesaid and directs that an
action of assault and Battery and false imprisonment be commenced
against the said Thomas Higginbotham in the name of the said Anna
and assign Gustavus A Bird Esquire as her counsel and it is ordered that
the said defendant permit the said Anna to have a reasonable liberty
of attending her counsel and the court when occasion may require it
and that the said Anna the plaintiff shall not be taken or Removed
out of the Jurisdiction of this court and that he shall not be subject
to any severity of treatment on account of her said application
for freedom.
*A true copy of the order Archibald Gamble Clerk*
> *Legal Function: Caption*
Petition of Anna a
person of Color that
she may be permitted
to sue as a poor
person to establish her
freedom.
*Filed August
15th 1831 A Gamble Clerk*
---
**Page 2** (6744_002.jpg)
> *Legal Function: Petition*
In [illegible] Circuit Court
third [illegible] [illegible] Circuit &
Your Petitioner Anna represent that she is justly
entitled to her freedom but is held in Slavery and is claimed
by Thomas Higginbottom[?] as his slave but your petitioner
is now in the posession[?] & under the power of Pleasant
M Bass of St. Louis - your petitioner says that in the summer
of 1830 she was taken into the State of Illinois by one
John Parkinson the son in law of said Higginbottom[?] who went [illegible]
into Illinois with the intention of making that his [illegible] [illegible]
residence your petitioner says she was taken into Illinois
as aforesaid [illegible] the knowledge & approbation of said
Higginbottom[?] & for the purpose [illegible] of forming a part of
said Parkinson family your petitioner says that she
continued to remain in the family of said Parkinson as a servant in the state of Illinois until within
about 8[?] weeks past when she was taken to St. Louis
said Parkinson still lives in Illinois as a resident of
said State your petitioner believes that she was
given by said Higginbottom[?] to his daughter [illegible] Mrs.
Parkinson the wife of said Parkinson who took
your petitioner as a portion of what her father
intended to give her. Your petitioner is informed
& believes that she is now offered for sale and
that it is the intention of said Higginbottom[?]
to sell your petitioner to some one who will take her into New Orleans or some
distant place so as to prevent her from suing for
freedom &[?] proving her right thereto and your
petitioner believes she will be sold & removed
from the jurisdiction of the court unless said
Higginbottom[?] on some one for him shall be
required to give security that she shall not be
removed out of the Jurisdiction of this court
your petitioner prays that she may be permitted
to sue for her freedom as a poor person that
---
**Page 3** (6744_003.jpg)
> *Legal Function: Petition Part 2*
counsel may be assigned to her that a writ of
Habeas Corpus may issue requiring said [illegible] to
bring your Petitioner before said Court that said
Court may cause to be done what of right ought
to be done & your petitioner prays that such
order may be made in the promises as the
same warrants & her personal safety require &
your petitioner will ever pray
*Anna her
mark*
> *Legal Function: Affidavit*
State of Missouri
St. Louis County [illegible]
Anna the above named petitioner
being sworn says that most of the
facts stated in the above petition she
knows to be true & all of them she
believes to be true
*Sworn & subscribed to before
me this 12th day of August
A D 1831 Anna her
mark Patrick Walsh
Justice of the Peace
St. Louis County*
> *Legal Function: Order*
[illegible] State of Missouri
St. Louis County [illegible]
Circuit Court third Judicial
Circuit July Term 1831 August
13th [illegible] 1831 the day of said
[illegible]
On [illegible] of A Bird it is ordered that Anna the
aforesaid petitioner be permitted to sue as a poor
person to Establish to establih her freedom and that
Gustavus A Bird be a assigned as counsel to
commence & prosecute said suit
---
**Page 4** (6744_004.jpg)
> *Legal Function: Complaint*
State of Missouri Circuit Court third Judicial Circuit
November Term AD 1831
Saint Louis County [illegible] Anna a woman of color
complans of Thomas Higginbotham
[illegible] of a plea of trespass assault & Battery
& false Imprisonment for that [illegible] [illegible]
on the first day of August AD 1831 at St. Louis in
said County the said Defendant with force & arms
made an assault upon the said Defendant &
then & there beat bruised wounded ill treated
& falsely & unlawfully imprisoned her & held
& detained her in prison there from the day
last aforesaid to this time & other wrongs to the
said plaintiff then & there did against the
reason & dignity of the State of Missouri
and the plaintiff avers that before & at the time
of the committing the (said) grievances she was
& still is a free person & that said Defendant
held & detained & still holds & detains her
in slavery By means of which premises the
plaintiff says she is greatly injured & has sustained
damages to Two hundred Dollars therefore
shesaid etc[?]
*A Bird [illegible] for plff*
> *Legal Function: Summons*
County of Saint Louis
The State of Missouri To the Sheriff of Saint Louis County Greeting
We command you to summon Thomas Higginbotham that he be and
appear before the judge of our Circuit Court at the next November term thereof
to be held at the city of St. Louis within and for the county of Saint Louis on
the fourth Monday of November next then and there to answer unto Anna
a woman of color of a plea of Trespass, Assault and Battery & False Imprisonment
by means of which premises the plaintiff says she is greatly injured and
has sustained damages to Two Hundred dollars and have
you then there this writ
*Witness Archibald Gamble Clerk of our said Circuit
Court at office this 16th day of August 1831 Archibald Gamble Clerk*
---
**Page 5** (6744_005.jpg)
> *Legal Function: Entry of Appearance*
I enter my appearance for
[illegible] & the Clerk [illegible] [illegible]
therefore enter Defendants
appearance
*Nov 29th 1831 [illegible] [illegible] [illegible]*
> *Legal Function: Caption*
No 12 St St. Louis Circuit Court
November Term 1831
Anna a woman of color
vs
Thomas Higginbotham
[illegible]
This is an action of trespass
& false imprisonment
& for [illegible]
Damages $ 200
[illegible]
[illegible] [illegible] [illegible]
*[illegible] [illegible] [illegible]
for plff Filed 16th August 1831 Archibald gamble Clerk*
---
**Page 6** (6744_006.jpg)
> *Legal Function: Plea*
Thomas Higginbottom[?]
[illegible]
Anna a woman of color
[illegible]
And he the said Thomas Higginbottom[?]
comes and defends the force and [illegible]
when & and says that he is not guilty
of the said supposed trespass above laid
to his charge or my part thereof
in name and form as the said Anna
hath above thereof complained against him
and of this he the said Thomas Higginbottom[?]
puts himself upon the county
*[illegible] [illegible] [illegible]
for [illegible] Filed nov 29th 1831 A.G.*
---
**Page 7** (6744_007.jpg)
> *Legal Function: Caption*
No 12
November Term 1831
Thomas Higginbottom[?]
[illegible]
Anna a woman of
color
[illegible] [illegible]
[illegible]
*filed nov 29th 1831 A gamble clk*
Anna, a Woman of Color V. Thomas Higginbotham. 1831, St. Louis Circuit Court Historical Records Project, accessed October 8, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60753