Mary, a negro woman v. James Clemons Jr.
Item
Mary, a Negro Woman V. James Clemons Jr. 1844, St. Louis Circuit Court Historical Records Project, accessed October 9, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60926
- Case Title
- Mary, a negro woman v. James Clemons Jr.
- Series
- Freedom Suits
- Plaintiff
- Mary
- Defendant
- Clemons, James Jr.
- Date Filed
- 1844-10-29
- Filing Date
- 1844-10-29
- Plaintiff’s Attorney
- Risk, Thomas F.
- Court Name
- St. Louis County Court
- Court Term
- 1844-10
- Clerk
- Ruland, John
- Justice of the Peace
- Whetman
- Sheriff
- Milburn, William
- Cause of Action
- Trespass
- Assault
- Battery
- False Imprisonment
- Case Notes
- Plaintiff age 32; born in Maryland; owner Mrs. Gardner bound plaintiff to Sarah Lurch in her will with the condition would be freed upon her 21st birthday; Lurch moved to Kentucky where married Graves; Graves mortgaged plaintiff to defendant.
- Case Number
- 346
- Identifier
- ccr1844.06806.006
- Source
- Missouri State Archives - St. Louis
- Rights
- Public Domain
- PDF Download
- Download PDF of all images
- Transcription
-
**Mary, a negro woman v. James Jr.**
---
**Page 1** (6806_001.jpg)
> *Legal Function: Complaint*
To the To the Hon the Judge of the st Louis circuit court. The petition of Mary a Negro woman aged about 32 years Respectfully Requests to your
honor that she was born in the state Maryland -
that she was owned & held as a slave by one Mr Gardner
who about the year 1819 [illegible] him the said Mary & defendant
by a will then made & recorded in the county of Baltimore
to Miss Sarah Lurk to have- to hold as a servant until she arrived at the age of twenty one years
or thereabout at which time she was to be free by
virture[?] of said will & according to the Laws of Maryland of the will your petitioner further requests that after the making no
aforesaid & after she came into possession of the said
Sarah Lorsh[?] according to its provisions she was by the
said Sarah Lorsh summoned[?] out of the state of
Marylandto the state of Kentucky & from
Kentucky she was removed to the State of Missouri
When the said Sarah Lorsh[?] was married to
one [illegible] & by virture[?] of said [illegible]
your petitioner came into the possession of the
said who mortgaged your petitioner
to [illegible] for & who got possession of your petitioner about the year1834 or 1840
and has continued to hold your petitioner since that
as a slave & still holds & acquires ownership her as such although your petitioner by virture[?] of the will above mentioned is a free
woman of color therefore your petitioner pleas that your honor allow her sue as a poor person
to establish her right to freedom according to the
Law in such case made & provided Mary
*J F Ris[?]*
Mary a negro Woman of color being sworn petitioner says that the matters & things set forth in the forgiving and there
*Mary X her mark*
---
**Page 2** (6806_002.jpg)
> *Legal Function: Order*
Sworn to and Subscribed
Before Me this 29th day of October
A. D.1844, Whetman Justice[?] of the peace
I allow the foregoing and order First
That the said Mary be allowed to sue as a poor
person to establish her rightto fredom
& assign J.F Risk eqr[?] as her counsel Second that said Mary have reasonable Liberty to attend her counsel & the court
as a season may require that she be not removed out of the jurisdiction of the court
& that she be not subject to any severity on
account of her application for freedom.
*John M Krum[?] Judge*
---
**Page 3** (6806_003.jpg)
> *Legal Function: Complaint*
State of Missouri County of St. Louis Mary a negro woman v James Jr
St St. Louis Circuit Court
Nov Term 1844
[illegible] for [illegible]
Mary a Negro Woman complains of James Jr in a plea
of Trespass for false imprisonment For that theretofore towit[?] on the tenth day of October Eighthundred and forty five A.D. 1843 the[?] said James Jr with force & arms then & there made an assault on the said Mary to wit at the city of St Louis County
of St Louis & State aforesaid & then & there beat bruised & illtreated her the said Mary & then & there imprisoned her the said Mary kept & delivered her the said Mary in prison there without any reasonable or probable cause whatsoever for[?]
a long time towit[?] for the space of one year past contrary to Law & against the will of the said plaintiff and the said plaintiff further owns that before the government above mentioned the was & still is a free person of color
and that the defendent did then & still holds her in slavery[?] & therefore she sues
*By of F Atty*
And the said trespass the force & in- jury when he is assigned of the said supposed trespass own land to his days in manner & form another law pltff law & arm
thereof complains against him himself when the county
*[illegible] Plea Filed Nov 19th 1844 D. Allen Jno Ruland Clerk Att for Deft[?]*
---
**Page 4** (6806_004.jpg)
> *Legal Function: Caption*
State of Missouri
Couty of St. Louis St St. Louis Circuit Court[?]
Mary a Negro woman v James Clemens Jr Action of Trespass for flase imprisonment[?]
The Clerk will issue a summons in the a: bove returnable[?]
to the Nov Term [illegible] 1844
*T H Rich Att for Dfns[?]*
---
**Page 5** (6806_005.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 James Clemens Jr
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 [illegible] next then and there to answer unto Mary
a negro woman of a plea of trespass and false
imprisonment 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 Second day of
November 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.
Witness my hand and seal, at St. Louis , this day of 184
---
**Page 6** (6806_006.jpg)
plea filed 15 p 297 suit dismissed November 26th. 1844 15p 330 at nobodys[?] Costs
> *Legal Function: Certificate Of Filing*
No. 346 St. Louis Circuit Court
November [illegible] 1844
Mary a negro woman v James Clemens Jr Summons Trespass & False Imprisonment
[illegible] False [illegible] T. F. Risk p.q
*Filed November 2 1844 John Ruland Clerk*
> *Legal Function: Order*
I allow the foregoing and order
First that the said Mary be allowed
to sue as a free person to establish her
right to freedom to assign T. F. Risk Esq
as her Counsel second that said Mary
have reasonable liberty to attend her
Counsel & the Court as occasion may
require that she be not removed and of the
jurisdiction of the Court that she be not subject to any severity on account of her application for
her freedom Jno McKrum Judge 8 Jud Cir[?] (153)
Executed this writ in the
County of St. Louis on the 2nd day of Novem-
ber 1844 by offering to read it and the
decleration to James Clemens Jr which
he refused to hear - Also by reading to the
said James Clemens Jr . the [illegible] of the
Judge endorse upon this writ.
*William Milburn Shff[?] By N. C Osburn Shff[?] Fee $ 1.50*
Mary, a Negro Woman V. James Clemons Jr. 1844, St. Louis Circuit Court Historical Records Project, accessed October 9, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60926