Stephen Brown, by and through his next friend, Jenny Brown v. William Head

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Stephen Brown, by and through His 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/60923

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Case Title: Stephen Brown, by and through his next friend, Jenny Brown v. William Head
Series: Freedom Suits
Plaintiff: Brown, Stephen
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 17 years old, son of Jenny Brown, a free person; plaintiff sued by next friend Jenny Brown.
Case Number: 231
Identifier: ccr1844.06803.008
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **Stephen Brown, by and through his next friend, Jenny Brown vs. William Head**

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**Page 1** (6803_001.jpg)
> *Legal Function: Complaint*

State of Missouri St. Louis County ss [illegible] In the St. Louis Circuit Court
November Term 1844
Stephen Brown who sues by his next friend Jenny Brown complains of William Head of a plea of trespass and false imprisonment
for that whom the said defendante and the tenth day of September in year eighteen hundre and fifty four made on assault upon the said plaintiff county aforesaid and then and there imprisoned beat Bruised and illtreated him the said aforesaid plantiff and kept and detained her in prison that and then without any reasonable or probable cause whatever for a a long span of time towit for the span of tweleve hours then and following contrary to the law of the state and against the will of the said plaintiff and the said plaintiff further owns that she the said plantiff before and at the time of the committing of the said grievance was and still is a free person and that the said defendant then and[?] there held and still holds the said plaintiff
in slavery and wrongs to the said plaintiff the said defendant then and
there did Contrary to the peace and dignity
of the said state and to the damages
of the said plaintiff of Five Hundred dollars therefore the said plaintiff brings suit.

*Elias B. Smith.
p.q.*

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**Page 2** (6803_002.jpg)
> *Legal Function: Petition*

State of Missouri St. Louis County SS The Circuit Court of St. Louis County
Your petitioner purposefully states to St. Louis
Court your Honor that the person mentioned in the declaration above held in slavery by by William Head in the County and that the now Stephen Brown is entitled to his freedom in Consequence
of a certain grounding had in the the state of Virginia to wit Jenny Brown the Master of said Stephen was brought by her then North into the state of Virginia Contrary to the laws of the said 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 kept in slavery against him with for more than twenty years during which time the said Stephen was born and is now at the age of Seventeen years
Your petitioner prays this court a permit and allow him the said Stephen to sue as a free person to establish his right to freedom and as in duty

*Sworn to and subscribed before the 14th day of oct 1844
James J Purely A Justice of the County Court for St. Louis County X Jenny Brown her mark*
> *Legal Function: Caption*

In the St. Louis Cir. Court[?]
November Term 1844

*Smith p.q.*

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**Page 3** (6803_003.jpg)
> *Legal Function: Order*

State of Missouri St. Louis County
On reading the above afore going petition
This ordered that the petitioner Stephen Brown have him and hereby an his counsel and ordered that said petitioner have reasonable liberty of attorny his counsel and that court as occurence may require and that he be no removed[?]
from the jurisdiction of this court and that he not subjected to any severity on account of his application to sue for his freedom

*John M Krum Judge 8[?]*

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**Page 4** (6803_004.jpg)
> *Legal Function: Caption, part 2*

In
[illegible] the St. Louis Circuit Court
Nov Term 1844
Stephen Brown his next friend vs Trespass to Wm Head

*Elias R. Smith p.q.*

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**Page 5** (6803_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 Stephen Br 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 Stephen
Brown by his next friend Jenny Brown of a
plea of trespass & false imprisonment
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 in the year of our Lord eighteen
hundred and forty four John Ruland Clerk.*
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 6** (6803_006.jpg)
> *Legal Function: Certificate of Filing*

plea filed 15 p 290. Dismissed feby v.1846[?] 17 p 72
> *Legal Function: Summons, part 2*

No 231 St. Louis Circuit Court
November term 1844.
Stephen Brown who sues
by his next friend Jenny
Brown
v summons
[illegible]
[illegible]
William Head
Trespass & false imprisonment

*Damt. $[?] 500.
Smith p. q. Filed October 24th 1844 John Ruland Clerk*
> *Legal Function: Order*

This ordered that the petitioner have a
reasonable liberty to sue as a poor person
and Elias B. Smith assigned her as counsel it is further ordered that he have reasonable liberty to attend the Court and her counsel as ses=-sion may require,[?] and that she be not removed out of the jurisdiction of this court and that
she be not subject to any severity on account
of her application for freedom.
Free ✓(138)
> *Legal Function: Certificate of Execution*

Executed this writ in the County
of St. Louis on the 2nd day of November 1844
by reading it, and the declaration to William
Head the defendant, and also by reading to
the said William Head the orders of the
Judge endorsed upon this writ
Fee \$2.00

*William Milburn Shff[?] By R. Dowling[?] Deputy*

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**Page 7** (6803_007.jpg)
> *Legal Function: Answer*

Stephen Brown who sues by his next friend Jenny Brown
v.
William Head
In the St. Louis Circuit Court Nov. Term 1844
And the said defendant by Leslie Lord
his attorney, cause and defends the force
and injury when Lc. & says[?] that he is
not guilty of the said supposed Trespass
above laid to his charge in any part thereof.
in manner and force as the said plaintiff
hath above thereof complained against
him for this he puts himself upon
the country Lc.[?].

*Leslie & Lord for Deft..*

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**Page 8** (6803_008.jpg)
> *Legal Function: Certificate of Filing*

Stephen Brown
by his next friend
v.
William Head
Plea Seu. Issue[?]

*Leslie & Lord for Deft.. Filed Nov 18th 1844 John Ruland Clerk*

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