Thomas Jefferson v. Milton W. Hopkins

Item

Thomas Jefferson V. Milton W. Hopkins. 1842, St. Louis Circuit Court Historical Records Project, accessed October 9, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60910

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Case Title: Thomas Jefferson v. Milton W. Hopkins
Series: Freedom Suits
Plaintiff: Jefferson, Thomas
Defendant: Hopkins, Milton W.
Date Filed: 1842-12-12
Filing Date: 1842-12-12
Plaintiff’s Attorney: Murdoch, Francis Butter
Defendant’s Attorney: Drake, Charles D.; Rannells, Charles S.; Leslie, Miron
Court Name: St. Louis Circuit Court
Court Term: 1843-03
Judge: Mullanphy, Bryan
Clerk: Ruland, John
Sheriff: Milburn, William; Belt, Henry B.; Murphy, David
Sworn Declarant: Whitmore, Alphonso; Lane, William Carr; Leslie, Miron; Hildreth, John; Drescher, Mahalia; Havaka, Peter C.; Tracy, J.E.
Cause of Action: False Imprisonment
Case Notes: Change of venue to common pleas to circuit court; born slave in Virginia; moved to Missouri by Charles Drexler, sold to Dr. Samuel Prosser in Illinois where held as slave then brought to Missouri to work as slave for Milton W. Hopkins.
Identifier: ccr1842.07147.020
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **Thomas Jefferson vs. Milton W. Hopkins**

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**Page 1** (7147_001.jpg)
> *Legal Function: Caption*

St St. Louis Circuit Court
Thomas Jefferson (of color)
vs
Milton W. Hopkins
Petition for freedom
Now in [illegible] [illegible].

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**Page 2** (7147_002.jpg)

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**Page 3** (7147_003.jpg)
> *Legal Function: Petition*

To the Hon. the Judge of the St. Louis Circuit
Court .
The Petition of Thomas Jefferson , a man
of Color aged about thirty years, as [illegible] represents
to your honor, that he was born a slave in the
State of Virginia , when he resided [illegible] the year
eighteen hundred and thirty five, that in the spring of
that year, your petition was bought by his master
one Charles Drexler to St. Louis in the State of
Missouri , when he resided until the spring of the year
eighteen hundred and thirty nine, that in the month of
March or April of the year last named his master the
said Charles Drexler [illegible] sold your petitioner to one [illegible] Doctor
Samuel Prosser , who is a brother of said Drexler wife,
that said said [illegible] Doctor Samuel Prosser then resided and
new resides at
Jacksonville in the State of Illinois ,
that said Prosser [illegible] immediately after [illegible] becoming the [illegible] owner
of your petition to wit in the month of April of the
year eighteen hundred and thirty nine, took your petitioner
from
St. Louis in the State of Missouri , and conveyed him to the
County of Morgan in the State of Illinois , and then held
him to labor and service on his the said Prosser [illegible] farm
situate within four miles of Jacksonville in the said
County of Morgan State of
Illinois , [illegible] from the said
month of April until the month of December in the
same year, being for a [illegible] period of about eight months
that petition was employed during said time at ordinary
farming labor for the said Prosser that in the month of
December of said year last named there began to be [illegible]
deal of talk in the neighborhood about said Prosser holding
petitions as a slave in said State of Illinois , and said
Prosser [illegible] framing the [illegible] information of the authorities there,
came from Jacksonville in a carriage with his father in law
to his farm when your petitioner was at work, put
[illegible] [illegible] and drove off and bought petition

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**Page 4** (7147_004.jpg)
to St. Louis in the State of Missouri , and then [illegible] [illegible] hired him
out, and now [illegible] does and was [illegible] since has received the [illegible] rewards
of petitioners labor. That petitioner now is and has been
for the last two years and [illegible] in the [illegible] possession of one Milton
W. Hopkins , who holds petitioners in slavery as a [illegible] [illegible]
Prosser . [illegible] Your petitioner [illegible] believes that he is [illegible] entitled to his
freedom, [illegible] and prays your [illegible] for leave to see as a
poor person, in false imprisonment against said Milton
W Hopkins , in order to [illegible] establish his right to freedom, and he
will [illegible] pray &c.

*his
Thomas [illegible] Jefferson
mark*
> *Legal Function: Affidavit of Alphonso Witmore*

State of Missouri
St Louis County ss.
Thomas Jefferson , a man of color
being duly sworn says that the matters and things contained
in the foregoing petition are true

*Sworn to and subscribed the >10th
day of [illegible] December 1842 Alfonso Witmore[?]
Justice of the Peace his
Thomas [illegible] Jefferson
mark*
> *Legal Function: order*

County of St. Louis
State of Missouri
ss.
Being satisfied that the forgoing petition contains sufficient matter to
authorize the commencement of a suit, I do make the following
orders. First, That the said Thomas Jefferson , a man of color
be allowed to sue as a poor person to establish his right to freedom
and do assign F. B. Murdoch Esq. as his counsel.
Second that the said Thomas Jefferson have reasonable liberty
to attend his counsel and the Court, as occasion may require, that
he be not removed out of the jurisdiction of the County and that
he be not subject to any severity on account of his application for freedom.

*Done in open Court 12 December 1842 [illegible]
[illegible]*

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**Page 5** (7147_005.jpg)
> *Legal Function: Complaint*

State of Missouri
St Louis county ss In the Circuit Court
of St Louis County
Thomas [illegible] a man of color, complains
of Milton W Hopkins , of a plea of trespass for that
the said defendant, on the first day of December
eighteen hundred and forty two, with force and arms
made an assault upon the said plaintiff to writ at
the County aforesaid and then and there beat bruised
and ill treated him the said plaintiff and then
and there imprisoned him the said plaintiff and
kept and detained him in prison there, without
any reasonable cause whatsoever for a long time,
to writ for the space of twenty four hours there next
following contrary to the laws of the said state and
against the will of the said plaintiff and the said
plaintiff's arms that before and at the time of the com
mitting ofsaid of grievances, he the said plaintiff was
and still is, a free person and that the defendant
held and still holds him in slavery to the said
plaintiff damage one hundred Dollars and therefore
he brings suit & [illegible]

*F. P. Murdoch
atty for plff St Louis 12 Decr 1842*

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**Page 6** (7147_006.jpg)
> *Legal Function: Caption*

S St. Louis Circuit Court
March Term 1843
Thomas Jefferson , a man
of color
vs
milton W Hopkins
Suit for freedom
Man in false Impt[?]
The Clerk will issue sums
as directed by the Court

*FB[?] Murdoch [illegible]
atty for [illegible]*

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**Page 7** (7147_007.jpg)
> *Legal Function: Subpoena*

County of St. Louis , ss.
The State Of Missouri , To the Sheriff of St. Louis County—Greeting:
We command you to Summon
Milton W. Hopkins
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 March next, then and there to answer unto Thomas
Jefferson (a man of color) of a plea of
trespass, in false imprisonment
to the damage of said plaintiff One 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 twelfth day of
December in the year of our Lord eighteen
hundred and forty two Jn. Ruland Clerk.*
> *Legal Function: Affidavit*

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
L.S.

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**Page 8** (7147_008.jpg)
> *Legal Function: Other*

Contd. at Defts costs for J. Hildrett & Mrs. Drexler Bk 14 p 444. admission &
agreement filed Bk 14 p 453. Venue changed to St. Louis Court of Comn.[?]
Pleas Bk 15 p 77. (May 27. 1844.)
> *Legal Function: Caption*

No 14 St. Louis Circuit Court
March Term 1843
[illegible]
Thomas Jefferson
vs
summons
Milton W. Hopkins
Suit for freedom
It is ordered by the Court, First
that the said Thomas Jefferson a
man of color be allowed to sue as
a poor person to establish his right to
freedom and as assign F. B Murdoch
Esqr his counsel, Second, that the
said Thomas Jefferson have reason
able liberty to attend his counsel and
the Court as occasion may require
that he be not removed out of the juris-
diction of the Court and that he
be not subject to any severity on ac-
count of his application for freedom
Done in open Court 12th Decr 1842

*Bryan [illegible]
Judge &c Filed December 12th 1842 Jn. Ruland Clk J. B. Murdoch (24) [illegible].*
> *Legal Function: Certificate of Execution*

Executed this writ in the county of
Saint Louis on the 31st day of December 1842
by reading it and the declaration and order
of the judge to Milton W Hopkins the defendant

*Service \$1.00 William Milburn Shff
By Henry B Belt Depty*

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**Page 9** (7147_009.jpg)
> *Legal Function: Evidentiary Document*

Bill of sale
Ch. W. Drechler
vs [illegible]
[illegible]
[illegible]
[illegible]
[illegible] $ 500.

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**Page 10** (7147_010.jpg)

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**Page 11** (7147_011.jpg)
> *Legal Function: Evidentiary Document Part 2*

This indenture made of the city of St Louis in the
state of Missouri between Charles W. Drechler
late of the state of Virginia & now of the City
F.N.Orleans, by [illegible] [illegible] of the city of St
Louis aforesaid his duly authorized [illegible] in
the premises party of the [illegible] [illegible] and [illegible]
Proper of the State of Illinois [illegible]
of the second part witnesseth[?] [illegible] &
[illegible] comsideration of five hundred dollars by
[illegible] of the second part to [illegible] of the first
part. Three hundred & ten dollars. Part thereof
having been this day paid to said amount and
the balance of the said five hundred dollars
having [illegible] [illegible] paid to said Drechler
himself)- the said party of the [illegible] first part
hath granted, buy [illegible] [illegible] & delivered to
said party of the [illegible] second part a negro man
slave for life named Tom who is [illegible] about
years & is lame in one of his legs-
to have and to hold said slave Tom to said
Doctor [illegible] his heirs & assigns [illegible]
for such estate as said Charles W. Duchler[?] has
& holds in said slave. In witness whereof
said party of the first part [illegible] to sets his
hand & seal at the city of St St. Louis aforesaid
this 19th day of March A D. 1840

*Charles W. Drechler
by his agent
William Carr Sam
[illegible]*
> *Legal Function: Evidentiary Document Part 3*

State of Missouri County of St Louis Ss.
Be it remembered that on this twenty seventh day
of March eighteen hundred [illegible] before me
Joseph W [illegible] a Justice of the Peace in & [illegible]
the county aforesaid William Carr Sam whose per
sonally known to [illegible] to be the [illegible] manner is
[illegible] [illegible] [illegible] Bill of sale as [illegible] of Charles W.

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**Page 12** (7147_012.jpg)
W .Drechler wherein named and acknowledged
the said [illegible] to be him act & [illegible] [illegible]
the [illegible] think [illegible]
[illegible] & [illegible] the day & year aforesaid

*[illegible] [illegible] [illegible] Justice*

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**Page 13** (7147_013.jpg)
> *Legal Function: Defendant's Answer*

Thomas Jefferson
vs
Milton W. Hopkins
In the St St. Louis Circuit Court
April Term 1843
And the said defendant
by his attorneys causes and defends the
wrong & injury when [illegible] & says he is not guilty
of the said supposed grievances above laid
to his charge or any part thereof in manner &
form as the plaintiff hath above thereof complained
against, & of this the defendant puts himself
upon the county &c

*Drake & Rannells[?]
Attys for Deft.*

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**Page 14** (7147_014.jpg)
> *Legal Function: Caption*

Thomas Jefferson
vs
Milton W. Hopkins
Plea
Drake & Rannells[?]
Attys for Deft

*Filed May 5 1843 L Ruland Clk*

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**Page 15** (7147_015.jpg)
> *Legal Function: Subpoena for William Carr Lane, Miron Leslie, John Hildreth, Mahalia Drescher*

County of St. Louis ss.
The State Of Missouri , To
Wm Carr Lane, Miron Leslie, John
Hildreth, & Mahalia Drexler
Greeting:—
You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our Circuit Court , on the 25th March, inst
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 Thomas Jefferson is
plaintiff and Milton W. Hopkins is
defendant on the part of defendant
and herein you are in no wise to fail.

*Witness, John Ruland , Clerk of our said Court, with the
seal thereof hereto affixed, at office, in the city of St. Louis ,
this 22d day of March in
the year of our Lord one thousand eight hundred and
forty 4 Jn Ruland Clerk, C. C.*

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**Page 16** (7147_016.jpg)
> *Legal Function: Caption*

Thos Jefferson
vs
Milton W. Hopkins
Writs for Deft

*Wm Carr Lane Miron Leslie John Hildreth Mahalia Drexler (Inquire of Hubbard and Block on
main St opposite the Market.)
March 23*
> *Legal Function: Certificate of Execution*

Executed the 25th
March 1844 Hildreth
& Drexler not found

*Wm Milturn[?] Shff By [illegible] fee $ 1.50*

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**Page 17** (7147_017.jpg)
> *Legal Function: Subpoena for Peter C. Havaka and J.E. Tracy*

County of St. Louis , ss.
The State Of Missouri , To [illegible] Peter C. Havaka,
& [illegible] J E. Tracy
Greeting:
You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our Circuit Court , on the Twenty day of March
instant 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 Thomas, Jefferson, a man of Color is
plaintiff and Milton W. Hopkins is
defendant on the part of plaintiff
and herein you are in no wise to fail.

*Witness, John Ruland , Clerk of our said Court, with
the seal thereof hereto affixed, at office, in the City of St .
Louis , this >Twenty Third day of March
in the year of our Lord one thousand eight hundred and
forty four John Ruland Clerk C. C.*

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**Page 18** (7147_018.jpg)
> *Legal Function: Caption*

In Circuit Court
Thos. Jefferson
a man of Color
vs
Milton W. Hopkins
Subpoena

*J. E. Tracy at social Hall
P. E. Havaka, at Charles [illegible] for March 25. for
Plff*
> *Legal Function: Certificate of Execution*

Executed the 25th
March 1844

*[illegible]
By [illegible] Fees $ 1.00*

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**Page 19** (7147_019.jpg)
> *Legal Function: Defendant's Admission*

Thomas Jefferson
vs
Milton W. Hopkins
In the St. Louis
Circuit Court
Suit for Freedom
Milton Hopkins, the
defendant in this case admits that
at the time of the institution of this
suit he held the said Thomas Jefferson ,
a man of color in his service as
a slave, having hired him of [illegible]
[illegible] of Jacksonville Illinois

*M. W. Hopkins*
> *Legal Function: Affidavit of M. Leslie*

I agree that the above facts are true and
that this [illegible] may he need in [illegible]

*[illegible] Attorney [illegible]
[illegible]*

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**Page 20** (7147_020.jpg)
> *Legal Function: Caption*

In Circuit Court
Thomas Jefferson
vs
Milton W. Hopkins
Deft's admission

*Filed March 26th 1844 John Ruland Clerk Entered 14 1453*

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

Thomas Jefferson V. Milton W. Hopkins. 1842, St. Louis Circuit Court Historical Records Project, accessed October 9, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60910