Aspasia, a woman of color v. Hardage Lane

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Aspasia, a Woman of Color V. Hardage Lane. 1839, St. Louis Circuit Court Historical Records Project, accessed October 9, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60871

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Case Title: Aspasia, a woman of color v. Hardage Lane
Series: Freedom Suits
Plaintiff: Aspasia (Aspasie, Aspisa)
Defendant: Lane, Hardage
Date Filed: 1839-06-25
Filing Date: 1839-06-25
Plaintiff’s Attorney: Risque, Ferdinand W.
Defendant’s Attorney: Geyer, Henry S.; Hudson, Thomas B.
Court Name: St. Louis Circuit Court
Court Term: 1839-07
Clerk: Ruland, John
Sheriff: Brotherton, Marshall; McKnight, William S.
Sworn Declarant: Fourbon, Jacob; Timson, W.; Renaud, W.; Creely, Francis; Deaver, Larkin L.
Cause of Action: Trespass; False Imprisonment; Assault; Battery
Case Notes: Plaintiff 32 years old & daughter of Judy; Louisville, Kentucky; Virginia; Vincennes; Kaskaskia; Northwest Ordinance of 1787; William Sullivan; Robert Bunton; William LeCompte; defendant claimed Peter Menard as key witness.
Disposition: Judgment for Defendant
Case Number: 346
Identifier: ccr1839.06837.014
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **Aspasia, a woman of color v. Hardage Lane**

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**Page 1** (6837_001.jpg)
> *Legal Function: Plaintiff's Complaint*

St. Louis Circuit Court .
July Term 1839.
County of St. Louis to writ:
Aspasia alias Aspisa a free woman of
color complains of Hardage Lane of a plea of trespass
For that the said defendant heretofore to wit on the 27th
day of April in the year of our Lord one thousand
eight hundred and thirty nine in the city of St Louis and
county aforesaid with force and arms made an assault
on the said plaintiff to wit: at the county aforesaid and
then and there beat, bruised, wounded, and ill-treated
her, and then and there imprisoned her and
kept and detained her in prison there, without any
reasonable or probable cause whatsoever, for a long time,
to wit, for the space of two years and three months
next before the said 27th day of May eighteen hundred
and thirty nine contrary to the laws of the State of Missouri
and against the will of the said plaintiff, and other
wrongs to the said plaintiff then and there did against
the peace of the State of Missouri and to the damage of
the said plaintiff eight hundred dollars and therefore
she brings her suit &c.

*F W Risque
atty: for Pltf:*

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**Page 2** (6837_002.jpg)
> *Legal Function: Caption*

No. Circuit Court .
July Term 1839.
Aspasia, alias, Aspisa
vs
Hardage Lane
Declaration
This is an action of Trespass
for false imprisonment.
Damage \$800. Clerk will
issue summons.

*Risque
atty: for Pltf: [illegible] by aty[?]*

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**Page 3** (6837_003.jpg)
> *Legal Function: Summons for Hardage Lane*

County of St. Louis , ss.
The State of Missouri , To the Sheriff of St. Louis County
—
Greeting:
We command you to Summon Hardage Lane if
he be found in your county that he be and
appear
before the judge of our Circuit Court , on the first day of the next term thereof, to be held
at the City of St. Louis , within and for the County of St. Louis , on the third Monday
of July next, then and there to answer unto Aspasia alias
Aspisa of a Plea of trespass on the case
to the damage of said plaintiff of eight hundred
dollars: And have you then there this writ.

*Witness, John Ruland , Clerk of our said Court,
with the seal thereof hereto affixed, at office, in the
City of St. Louis , this twenty fifth day of
June in the year of our Lord eighteen
hundred and thirty nine . Jn. Ruland Clerk.*
> *Legal Function: Acknowledgement*

I acknowledge myself bound for all costs that may accrue in the above cause.
Witness my hand and seal, at St. Louis , this day of 18

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**Page 4** (6837_004.jpg)
Suit & Judg[?] for deft Bk 12 p 79
> *Legal Function: Caption*

No 346 St St. Louis Circuit Court
July Term 1839
Aspasia alias Aspisa
vs
Hardage Lane
Summons
Plea of Trespass Dam \$800.

*Risque atty Filed June 25th. 1839 Jn[?]. Ruland Clerk [illegible]
by ayty*
> *Legal Function: Certificate of Execution*

Executed this writ in the County of
St Louis by offering to read it and the declaration
to Hardage Lane on the 28 June 1839
all of which he refused to hear

*Sevice[?] 1.00 Marshall. Brotherton.
Sheriff
By Wm. S. McKnight
Depty*

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**Page 5** (6837_005.jpg)
> *Legal Function: Caption*

Returnable to July Term 1837
[illegible] 263
Tried March Term 1839
Book no 9 page 475
> *Legal Function: Summary of Jury's Verdict*

346 July Term 1839
Aspasia alias Aspisa
vs
Hardage Lane
1- not guilty
2 that plff was slavery
3 foremen [illegible]

*Geyer & Hudson p as Filed March 26th 1840 Jn Ruland Clerk*

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**Page 6** (6837_006.jpg)

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**Page 7** (6837_007.jpg)
> *Legal Function: Defendant's Plea*

Hardage Lane
ats
Aspasia a free woman
of color
St Louis Circuit Count
March Term 1840
And the said defendant
by Hudson his attorney comes and defends
the force and injury when &c and says that he
is not guilty of the said supposed trespass and
grievances above said to his change or any or other
of them or any part thereof in manner and form
as the said plaintiff hath above thereof complained
aganist him and of this he the said defendant
puts himself upon the country &c

*Geyer & Hudson Atts for Deft[?]*
> *Legal Function: Defendant's Plea, part 2*

And for a further plea in this behalf leave of
the court being first obtained for that purpose the
said defendants say that the said plaintiff her action
aforesaid thereof against him the said defendant ought
not to have or maintain because he says that
at and during the said time when the said supposed
trespasses and grievances in the said plaintiffs declaration-
mentioned are alleged to have been committed
[illegible] that she the said plaintiff was a slave
and this he the said defendant is ready to verify
wherefore he prays judgment &c

*Geyer & Hudson atty for Deft*
> *Legal Function: Defendant's Plea, part 3*

And for further plea in this behalf the said
defendant comes and defends the force and injury
wherein and says that the said plaintiff her aforesaid
and action thereof against him the siad defendant
ought not to have or mantain because he says
that the said plaintiff heretofore to into at the
July Term of the Saint Louis Circuit Court
AD 1837. held at the City of St Louis to wit at the
county aforesaid before the Honble Luke Edward Lawless
[illegible] judge of the said court duly commissioned to
hold the same, by a certain writ of summons
upheld the said defendant in a certain plea
of Trespass with force and arms for the committing

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**Page 8** (6837_008.jpg)
the very Same supposed Trespass and grievances
as the said declaration above mentioned. Therefore
the said defendant afterwords to wit at the said
July Term of the same Count pleaded that he
the said defendant was not guilty of the said supposed
Trespass or any part theereof and [illegible] was
therefore found upon the plea [illegible] and behalf
the said plaintiff and the said defendant and therefore
afterwards to wit at the March Term of said Circuit Court
AD 1839 - at the city and County and country
aforesaid the said upon cause to be heard and
was then and there tried in due course of
law by a jury of the county duly summoned
tried chosen and sworn in that behalf between
the said planitiff and the said defendant which
jury when the said trial then and there upon their
oaths found the said defendant guilty of the
said supposed trespass as in the said declaration
mentioned [illegible] and by that judgment and consideration
of the said court upon the [illegible] and findings
of the jury aforesaid it was then and there
ordered and adjudged by said court that the
said plaintiff circuit of the said defendant the
[illegible] [illegible] au cost [illegible] [illegible] by reason of the [illegible] whi
the said declaration mentioned [illegible] and thought hour twenty december [illegible], as by
the [illegible] and findings [illegible] their [illegible] in
the said court defen the prose afens and at the county
afens and [illegible] fortly and at large appears to, which said
pursuant their [illegible] in [illegible] fever and effect not in the least
[illegible] or made [illegible] and this he the said defendant is [illegible] to
severy by the land nend, [illegible] [illegible] presuant
of the said plaintiff ought to how or [illegible] her afens and
[illegible] thereof against him &c

*Geyer & Hudson attys for Deft*

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**Page 9** (6837_009.jpg)
> *Legal Function: Plaintiff's Replication*

Aspisa alias Aspasia
vs.
Hardage Lane
St. Louis Circuit Court ,
No. 346 July Term 1839
And the said plaintiff as to the said plea of the said defendant by
him first " above pleaded,
and whereof he puts himself upon the country, does the like.
And as to the said plea of the defendant by him secondly above
pleaded, the plaintiff says, that, by reason of any thing by the defendant
in that plea alleged, she the said plaintiff ought not to be barred or pre-
cluded from having and maintaining her aforesaid action thereof against
the said defendant; because she says that she the said defendant
at the time the said trespasses grievances in the said declaration
mentioned are alleged whose been committed was not
a slave
in manner and form as the defendant has above thereof in his
said second plea alleged; and this the plaintiff prays may be enquired
of by the country, &c.
And as to the said plea of the defendant by him [illegible]
above pleaded, the plaintiff says that, by reason of any thing in that plea
alleged, she the said plaintiff ought not to be barred or precluded from
having and mainting her aforesaid action thereof against the said defen-
dant; because she says that the trespassers [illegible] in the said
declaration in this action mentioned are not the same [illegible]
& grievance as those in the [illegible] lost plea mentioned for [illegible]
respect whereof the said supposed Judgment in the said last
plea mentioned was renounced
[illegible] and this she the said plaintiff prays may be
enquired of by the country, &c.

*[illegible] [illegible]*

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**Page 10** (6837_010.jpg)
> *Legal Function: Caption*

No. 346 July Term 1829
Aspisa alias Aspasia
vs
Hardage Lane
Replication

*F W Risque
Plffs Atty Filed April 25th 1840 Jn[?] Ruland Clerk*

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**Page 11** (6837_011.jpg)
> *Legal Function: Summons for Reverend Jacob Fourbon, W. Timson, and W. Renaud*

County of St. Louis , sct.
State Of Missouri , To the Sheriff of St. Louis County — Greeting:
You are hereby commanded to summon Jacob Revd Jacob
Fourborn, at Catholic Church, W Timzon
an old man [illegible] part of city, W Renaud.
that setting aside all manner of excuse and delay, he be and appear in proper person
before the Judge of our Circuit Court , on the first February 1841
at the City 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 Aspasia is
plaintiff and Hardage Lane
defendant on the part of Plaintiff
and have you then and there this writ.

*Witness, John Ruland , Clerk of our said Circuit
Court , at the City of St. Louis , this 30th
day of January in the year of our Lord eighteen
hundred and forty one Jn. Ruland Clerk, C. C.*

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**Page 12** (6837_012.jpg)
> *Legal Function: Certificate of Service*

Served this writ on J. Fourbon &
W. Timson 1st Feby. 1841 the other
not found

*Fee 1.12 M. Brotherton Shff*
> *Legal Function: Caption*

Aspasia
vs
H. Lane
Subp
Wit

*Revd Jacob Fourborn
at Catholic Church Old W Timson, lower part
of City W Renaud*

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**Page 13** (6837_013.jpg)
> *Legal Function: Summons of Larkin Deaner and Francis Creely*

County of St. Louis , sct.
State Of Missouri , To the Sheriff of St. Louis County—Greeting:
You are hereby commanded to summon Lankin Deaner &
Francis Creely
that sitting aside all manner of excuse and delay, he be and appear in proper person
before he Judge of our Circuit Court , on the first day of February
1841 at the City 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,
where Aspasia (a woman of color is
plaintiff and Hardage Lane is
defendant on the part of Plaintiffs
and have you then and there this writ.

*Witness, John Ruland , Clerk of our said Circuit
Court , at the City of St. Louis , this 30th
day of Jany in the year of our Lord eighteen
hundred and forty one In Ruland Clerk, C. C.*

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**Page 14** (6837_014.jpg)
> *Legal Function: Certificate of Service*

Served this writ on the within
witnesses 1st Feby 1841

*Fee \$1.00 M. Brotherton
shff*
> *Legal Function: Caption*

No 27
Aspasia
vs
Hardage Lane
Subp
Feb. 1st
Wit

*Lankin Deaves Francis Creely*

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

Aspasia, a Woman of Color V. Hardage Lane. 1839, St. Louis Circuit Court Historical Records Project, accessed October 9, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60871