Mary Brown, by and through her next friend, Jenny Brown v. William Head

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Mary Brown, by and through Her Next Friend, Jenny Brown V. William Head. 1844, St. Louis Circuit Court Historical Records Project, accessed October 9, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60922

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Case Title: Mary Brown, by and through her next friend, Jenny Brown v. William Head
Series: Freedom Suits
Plaintiff: Brown, Mary
Defendant: Head, William
Date Filed: 1844-10-14
Next Friend: Brown, Jenny
Filing Date: 1844-10-14
Plaintiff’s Attorney: Smith, Elias B.
Defendant’s Attorney: Lord, Charles B.; Leslie, Miron
Court Name: St. Louis Circuit Court
Court Term: 1844-11
Judge: Krum, John M.
Clerk: Ruland, John
Sheriff: Milburn, William; Dowling, Richard
Cause of Action: Trespass; False Imprisonment
Case Notes: Damages $500; plaintiff alleged to be 15 years old, daughter of Jenny Brown, a free person; plaintiff sued by next friend Jenny Brown.
Case Number: 230
Identifier: ccr1844.06802.008
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **Mary Brown, by and through her next friend, Jenny Brown vs. William Head**

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**Page 1** (6802_001.jpg)
> *Legal Function: Complaint*

State of Missouri
St Louis County In the St Louis Court
Nov Term 1844
Mary Brown who sues by her next friend Jenny Brown complains of William Head
of pleas of Trespass and False imprisonment
For that whereas the said defendant on the
day of September in the year Eighteen hundred and forty
four made an assault upon the said plaintiff
and then and there imprisoned had bruised and ill
-treated the said Plantiff[?] and kept and detained
in prison then and there without any reasonable
or probable cause whatever for a long span of
time [illegible] for the span of Twelve hours then
next following contrary to the laws of the said
state and against the will of the said plaintiff
And the said plaintiff further
owns that the said plaintiff before and at the committing of the grievances was and still is free
person. And that the defendant then and there
hold and still holds the said plaintiff in slavery
And other wrongs that the said plaintiff
said defendant then and there did Contrary to
the laws and dignity of the said State And hath damaged the said plaintiff of Five Hundred
dollars Therefore the said plaintiff sues

*Elias B. Smith
p.q.*

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**Page 2** (6802_002.jpg)
> *Legal Function: Petition*

State Missouri
St Louis County To the Hon Judge of the Circuit Court of
St Louis County
Your petition respectfully states to the said
your Honor Court,that the person mentioned in the Declaration above
is sold in slavery by William Head in this county
said that she the said Mary Brown is entitled to him freedom
in consequence of a certain proceeding had in
the State of Virginia to wit Jenny Brown the mother of said Mary was brought
into the said State of Virginia By her then Master for the purpose of sale
Contrary to the laws of the state of Virginia by reason of which she was then and is now a free person and was
afterwards brought to the State of Missouri and in
said State of Missouri has been kept in slavery against her will
for more than twenty years during which time the said Mary
was born and is now of the age of fifteen years.
Your petition prays
this court to permit and allow her to sue as a free person
to establish her right to freedom and as unduly found the pray -
Sworn to and subscribed before on the 14th day of October 1844

*James J Purely a Justice of the County
Court & for St Louis County Jenny her x mark Brown*
> *Legal Function: Caption*

In the St. Louis Circut Court[?] Nov Term 1844

*Elias B Smith p.q.*

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**Page 3** (6802_003.jpg)
> *Legal Function: Order*

State of Missouri
St Louis County ss
On reading the above Petition,
It is ordered that the petitioner Mary Brown has to sue as poor person and Elias B Smith says is hereby assigned as her counsel
and his further ordered that the said petitioner
have reasonable liberty of attending his counsel
and the court as occasion require and
that she be not removed from the jurisdiction
of this Court and that she be not subjected
to any severity as result of her application
in sue for her freedom

*John M Krum Judge 8, Jud. Cir, us*

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**Page 4** (6802_004.jpg)
> *Legal Function: Caption, part 2*

In the St St. Louis Circuit Court
Nov Term 1844
Mary Brown by her next
friend. vs Trespass to
Wm Head

*Elias B. Smith p.q.*

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**Page 5** (6802_005.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 William Head 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 Mon-
day of November next, then and there to answer unto Meary Brown[?] who sues by next friend of a plea of
trespass and false imprisonmment
to the damage of said plaintiff Five 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 fourth day of
October [illegible] in the year of our Lord eighteen
hundred and forty four John Ruland Clerk.*
> *Legal Function: Acknowledgement*

I acknowledge myself bound for all costs that may accrue in the above cause[illegible]

*Witness my hand and seal, at St. Louis , this day of 184*

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**Page 6** (6802_006.jpg)
> *Legal Function: Certificate of Execution*

Executed this writ for the County of St. Louis
On the 24th day of october 1844
by reading it and the declaration to William
Head the deffindant[?] and also by reading to the said
William Head the orders of the Judge endorsed upon
this writ

*Fee \$1, 50[?] William Milburn Sheriff[?]
By R Dowing Deputy[?]*
> *Legal Function: Certificate of Filing*

No. 230
St St. Louis Circuit Court November term 1844
Mary Brown by next friend
James Brown
v summons
read & now
William Head
Trespass & false imprisonment
Damages \$500.
Smith p.q Oct 24th 1844

*Filed Oct 24 1844 John Ruland Clerk*
> *Legal Function: Order*

This ordered that the petitioner has
reasonable liberty to sue as a poor person
and Elias B . Smith assigned her as counsel It is further ordered that she have reas
-onable liberty to attend the Court and
her counsel as occasion may require
and that the she be not moved out of the
jurisdiction of this Court and that she be
not subjected to any severity on account
of her application for freedom.
Free ✓(188[?])
plea filed 15 p 290 Dismissed Feby V.1846 17p72

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**Page 7** (6802_007.jpg)
> *Legal Function: Answer*

Mary Brown who who sues by
her next friend Jenny Brown
v..
William HEad
In the Saint Louis Circuit Court
of Nov Leave 1844
And the said defendant William Head
by Leslie Lord his attornie comes[?]
and defends the force and
injury where he and says that
he is not guilty is the said supposed
trespass aforesaid to his charge on
any part thereof in manner and
form as the said plaintiff hath
above thereof complained against
him of this he puts himself upon
the country &c.

*Leslie Lord
for Defn*

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**Page 8** (6802_008.jpg)
> *Legal Function: Certificate of Filing*

Mary Brown
by her next friend
v.
William Head
Plea [illegible]
Leslie Lord
on Deft..

*Filed nov18th 1844
John Ruland Clerk*

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