Diana Cephas, a woman of color v. James Scott

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Diana Cephas, a Woman of Color V. James Scott. 1849, St. Louis Circuit Court Historical Records Project, accessed October 9, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60886

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Case Title: Diana Cephas, a woman of color v. James Scott
Series: Freedom Suits
Plaintiff: Cephas, Diana
Defendant: Scott, James
Date Filed: 1849-10-10
Filing Date: 1849-10-10
Plaintiff’s Attorney: Risque, Ferdinand W.; Murdoch, Francis Butter; King, Alexander
Court Name: St. Louis Circuit Court
Court Term: 1840-11
Judge: Lawless, Luke E.
Clerk: Ruland, John
Justice of the Peace: Shepard, Elihu H.
Sheriff: Brotherton, Marshall
Cause of Action: Trespass; False Imprisonment; Assault; Battery
Case Notes: Plaintiff born in Maryland, brought to Illinois in 1839; hired out in Naples, Illinois; stolen by Murray McConnell & put on steamboat to St. Louis; taken while master Delahay was absent from Naples upon death of his wife.
Case Number: 234
Related Court Case Number: 6844
Related Project ID: ccr1840.06844.038
Identifier: ccr1840.27211.008
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **Diana Cephas, a woman of color v. James Scott**

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**Page 1** (27211_001.jpg)
> *Legal Function: Caption*

No. 234 St. Louis Circuit Court
November Term 1840
Diana Cephas a woman of color
vs
James Scott
Summons
Suit for freedom
Risque Murdoch & [illegible]

*Filed October 12. 1840 John Ruland Clerk Free*
> *Legal Function: Certificate of Execution*

James Scott not found in my
County

*M. Brotherton Sheriff non est 50*

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**Page 2** (27211_002.jpg)
> *Legal Function: Summons*

County of St. Louis , ss. The State of Missouri , To the Sheriff of St. Louis County—Greeting:
We command you to summon James Scott if he be found
in your County that he be and appear
before the judge of our Circuit Court , on the firt 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 Mon-
day of November next, then and there to answer unto Diana Cephas
a woman of color of a plea of trespass
to the damage of said plaintiff
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 Twelfth day of
October in the year of our Lord eighteen
hundred and forty John 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 184.

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**Page 3** (27211_003.jpg)
> *Legal Function: Plaintiff's Complaint*

St. Louis Circuit Court .
November Term 1840
Diana Cephas
a woman of color
vs
James Scott
suit for freedom
Narr[?] in Trespass
The Clerk will [illegible]
issue summons &c

*Risque Murdoch & King
P.Q Risque Murdoch & King*

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**Page 4** (27211_004.jpg)
> *Legal Function: Plaintiff's Complaint*

In the Circuit Court of St Louis
County - November Term 1840 State of Missouri
St. Louis County ss.
Diana Cephas a woman of color complains
of James Scott of a plea of trespass, for that the
said James Scott on the first day of October- in the
year of our Lord One thousand Eight hundred and
forty at St Louis , to wit, at the County aforesaid
with force and arms assaulted the said Diana
Cephas , and her the said Diania Cephas then
and there took and imprisoned and restrained her
of her liberty, and her the said Diania Cephas
held in servitude from the said first day of Oc-
tober until the twelfth day of the same month
of October, without any reasonable or probable
Cause, against the law of the land and against
the will of her the said Diana Cephas and other
wrongs and injuries against the said Diana
Cephas then and there did- And she the said
Diana Cephas [illegible] and declares that she the said
Diana Cephas and at the time of the committing
the said grievances, was and still is a free person
and that the defendant, the said James Scott ,
held and still holds her, the said Diana in
slavery, against the peace P. and to the great
damage of the said Diana Cephas and there-
fore she beings this suit [illegible]

*Risque Murdoch King
attys for Plff*

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**Page 5** (27211_005.jpg)
> *Legal Function: Caption*

Petition of
Diana Cephas
for leave to sue as a poor
person for her freedom

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**Page 6** (27211_006.jpg)
> *Legal Function: Order*

I Luke E. Lawless Judge of the Circuit Court of the
County of St Louis in the State of Missouri , to whom
the forgoing petition of Diana Cephas has been
presented, believing that the same contains
sufficient matter, to authorise the commence-
ment of a suit for her freedom against James
Scott , do make the following orders.
First - That the said Diana Cephas
be allowed to sue out of the Circuit Court
of St Louis County, as a poor person to
establish her right to freedom, a summons
in trespass vi et armis[?], against James Scott
and I do assign to the said Diana Cephas
as her counsel [illegible] Risque, Murdoch & King
Second. I do order that the said
Diana Cephas have reasonable liberty
to attend her counsel and the Court, as
occasion may required; 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.

*L E Lawless*

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**Page 7** (27211_007.jpg)
> *Legal Function: Petition*

To the Hon. Luke E. Lawless , Judge of the Circuit
Court of the County of St Louis in the State of Missouri .
Diana Cephas , your petitioner, a woman
of color of the African race, aged about thirty five
years, respectfully represents to your honor, that
she is held in slavery by one James Scott of the
City and County of St Louis in said State and
deprived of her just and legal rights, liberty and
freedom, by the said Scott , who holds and claims
the possession and services of your petitioner, under
an agreement of hire from one Mary [illegible]
of Jacksonville in the State of Illinois , who
pretends to be the legal owner of your petitioner -
That your [illegible] petitioner believes that she is entitled
to her freedom on the following grounds and reasons.
Your petitioner was born a slave, on the
eastern shore of the State of Maryland in which
state she continued to reside until the
spring of the year eighteen hundred & thirty nine
when she was brought to the western County
[illegible] on the Mississippi river by her
master one Mark Delaha[?]. That on or
about the first of June eighteen hundred
and thirty nine, the said Delaha[?] with his
wife, moved to the town of Naples on the Illinois
river in the State of Illinois , and took your
petitioner with them. that the said Delaha[?]
made the said town of [illegible] his permanent
place of above and the hind be your petitioner out to be her
and received the [illegible] of her [illegible], holding
your petitioner in involuntary servitude.
That in the month of August in that year
the wife of said Delaha[?] did at [illegible]

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**Page 8** (27211_008.jpg)
and in the month of February last, the said
Delaha[?] departed from Naples & went to reside
as petitioner believes, some where in the Sounthern
County- That in the same month of February last
the said Mary [illegible] [illegible] pretending to be the
owner of your petitioner forcibly and against her
will took your petitioner on board of a
steam boat and conveyed her to the City of St Louis
in the State of Missouri , when she has been
living since, and is now in the custody of the
said James Scott . Your petitioner [illegible]
these state of facts is [illegible] and believes
that she is entitled to her freedom and
being poor, prays your honor to grant her
leave to sue as a poor person in the said Circuit
Court for her freedom, against the said
James Scott or any other person or persons, claiming
or pretending to claim your petitioner as a
slave, and she will ever pray &c.

*her
Diana Cephas
mark [illegible]
F. B . Murdoch*
> *Legal Function: Jurat*

State of Missouri
St Louis County ss.
Before the subscriber a
Justice of the Peace [illegible] for the County aforesaid
[illegible] Diana Cephas, who being duly sworn
says that the facts set forth in the foregoing
petition are just & true.

*Sworn to subscribed the
tenth day of October 1840 Elihu[?] H Shepard Justice
of the peace her
Diana Cephas
mark*

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

Diana Cephas, a Woman of Color V. James Scott. 1849, St. Louis Circuit Court Historical Records Project, accessed October 9, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60886