Hannah, a woman of color v. John Pitcher

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Hannah, a Woman of Color V. John Pitcher. 1844, St. Louis Circuit Court Historical Records Project, accessed October 9, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60935

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Case Title: Hannah, a woman of color v. John Pitcher
Series: Freedom Suits
Plaintiff: Hannah
Defendant: Pitcher, John
Date Filed: 1844-06-03
Filing Date: 1844-06-03
Plaintiff’s Attorney: Murdoch, Francis Butter
Court Name: St. Louis Circuit Court
Court Term: 1844-04
Judge: Krum, John M.
Clerk: Ruland, John
Sheriff: Milburn, William; Osburn, A. C.
Sworn Declarant: Page, Francis W.; Bacon, Julia A.; Page, Deborah; Leonard,; Tiffany, P. D.; Knox, Samuel
Cause of Action: Trespass; False Imprisonment; Assault; Battery
Case Notes: $10 damages; plaintiff was previously slave of Daniel D. Page, who took plaintiff to Boston.
Disposition: Verdict for Defendant
Case Number: 28
Related Court Case Number: 16
Related Project ID: ccr1844.06864.014
Identifier: ccr1844.06866.026
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **Hannah, a woman of color v. John Pitcher**

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**Page 1** (6866_001.jpg)
> *Legal Function: Plaintiff's Petition for Leave to Sue as a Poor Person*

To the Hon. the Circuit Court of St. Louis County
April Term 1844.

The petition of Hannah , a mulatto woman, respectfully
represents, that she is now held in slavery in the County
aforesaid by one John Pitcher - that she verily believes
that she is entitled to freedom, and she prays the said
Court for leave to sue, the said Pitcher, as a poor person
in order to establish her right to freedom.

Your petitioner states, as the ground on which her
claim to freedom is founded, that about eight years ago, there
being the slave of Daniel D. Page of St. Louis , in the State of
Missouri , she was taken by said Page from St. Louis aforesaid
to the City of Boston in the state of Massachusetts in the spring
of the year, the month of May as petitioner believes, and there
left by said Page as a waiter and servant in attendance
upon the wife of said Page, who accompanied her said
husband to Boston aforesaid - that petitioner remained
in the said state of Massachusetts doing service and labor
there in attendance upon the wife of said Page until some-
time in the fall of the same year, the month of October
petitioner thinks, when your petitioner was brought back
again to St. Louis by his said mistress, who then returned
home - the petitioner cannot remember with distinctness,
the year when she was so taken to Massachusetts and
there kept as aforesaid, but for greater certainty, she
states, that it was in the year, that the catholic convent
was burnt down at Charleston in said last
named State, by a mob, and that petitioner being there
in Boston saw the conflagration - after petitioner was
brought back to St. Louis , the said Page sold her to said Pitcher
who now has her in possession & holds her in slavery - Petitioner
states that slavery is not allowed to existence the state of Massachusetts,
and was not permitted when she was so taken there & kept as
aforesaid and that such a holding her in slavery there, by the laws
of said State entitled petitioner to freedom. Petitioner
further states that about ten days ago she applied to

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**Page 2** (6866_002.jpg)

this honorable Court for leave to sue said Pitcher
for freedom, which was granted, but which said on
account of some informality in the proceedings, has
been dismissed, but she states that since the bringing
of said suit, she has been treated with great
cruelty severity and oppression by said Pitcher, on
account thereof, and she verily believes that the
same severe and oppressive treatment will be
exercised towards her on account of this application,
she prays therefore that she may be
bought up by warrant under the seal of said Court
and dealt with as directed by Statute.

*Hannah her Mark of Color*

Subscribed & sworn
before me this 3d
day of June 1844
John M Krum
Judge 8. Jud Cir, Mo

> *Legal Function: Order*

The Court grants the petition of Hannah for leave
to sue for freedom, and makes the following orders
First that, the said Hannah be allowed to sue as
a poor person to establish her right to freedom and
assigns F. B . Murdoch as her counsel.
Second. That the said Hannah have reasonable liberty
to attend her counsel and the Court as occasion
may require; that she be not ~~be subject to any~~ removed
out of the jurisdiction of the Court and that she be
not subject to any severity on account of her
application for freedom.

John M Krum
Judge 8. Judicial Cir Mo.
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**Page 3** (6866_003.jpg)
> *Legal Function: Plaintiff's Complaint*

State of Missouri
St. Louis County ss
In the St. Louis Circuit
Court . November Term
1844.

Hannah a woman of color complains
of John Pitcher late of said County of a plea of
Trespass, for that the said defendant on the thirty
first day of May in the year eighteen hundred
and forty four with force and arms &c make an
assault upon the said plaintiff at St Louis to wit at
the County aforesaid and then and there beat, bruised
and ill treated her the said plaintiff and then and
there imprisoned her the said plaintiff, and kept
and detained her in prison there without any proba-
ble or reasonable cause whatsoever, for a long
time to wit for the space of six hours then
next following. And the said plaintiff avers, that
before and at the time of the committing of the
said grievances, she was and still is a free person
and that the defendant held and still holds her
in Slavery - contrary to the laws of said state
and against the will of said plaintiff. To the
planitiff damage ten dollars and therefore she
brings suit &c.

F. B. Murdoch
Plff atty.

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**Page 4** (6866_004.jpg)
> *Legal Function: Caption*

St. Louis Circuit Court
Nov Term 1844

Hannah (of Color)
vs
John Pitcher

Trespass false imprisonment
suit for freedom

Filed June 3rd 1844
John Ruland Clerk

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**Page 5** (6866_005.jpg)
> *Legal Function: Summons of John Pitcher*

County of St. Louis , ss.
The State of Missouri , To the Sheriff of St. Louis County—Greeting:
We command you to summon John Pitcher, 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 Monday of November next, then and there to answer unto Han-
nah, a person of color, of a plea of trespass and
false imprisonment
to the damage of said plaintiff ten dollars
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 fourth day of
June 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_

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**Page 6** (6866_006.jpg)

> *Legal Function: index book references*

Jn. Pitcher as principal & Henry Pitcher as Surety recognized in \$500.00, to obey order of court respecting
Defts liberty to attend Ct &c Bk 15. p 95. plea filed 15 p 311. Jury trial & verdict for Deft & Mo
& reasons for new trial filed 17 p 48. Mo overruled 17 p122 Bill of Exceptions filed 17 p 232

> *Legal Function: Caption*

No. 28. In the St. Louis Circuit Court .
November Term 1844.
Hannah , a person of color.
vs.
summons
John Pitcher. B
Trespass & false imprisonment.
Damages \$10.00.
F. B. Murdoch p. q.
It is ordered that said petitioner have
leave to sue as a poor person & the Court
assigns F. B. Murdoch Esquire, as Counsel,
for said petitioner; and it is further
ordered that said petitioner have reason-
able liberty to attend her counsel [illegible]
Court as occasion may require; that
she be not removed without the jurisdiction
of this Court and that she be
not subjected to any severity on
account of her application for freedom.

*Filed June 4th 1844. John Ruland . Clerk. 113*
> *Legal Function: Certificate of Execution*

Executed this writ in the
County of St. Louis on the 4th day of June 1844
by offering to read it and the declaration to John
Pitcher which he refused to hear - and also by
making known the orders of the Judge endorsed
upon this writ

*William Milburn Shff
by A. C. Osburn[?] Depy Fees \$1.50
[illegible] for warrant 2.00
# 3.50*

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**Page 7** (6866_007.jpg)
> *Legal Function: Subpoena of Francis W. Page, Mrs. Julia A. Bacon, Mrs. Deborah Page, and Mr. Leonard*

County of St. Louis , Ss.
The State of Missouri ,

To Francis M. Page, Mrs Julia A. Bacon, Mrs
Deborah Page, Mr Leonard and Mr Pages'
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 4th day of June next
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 Hannah of Color is
plaintiff and John Pitcher is
defendant on the part of the 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 28th day of May
in the year of our Lord one thousand eight hundred and
forty-five
John Ruland Clerk, C. C.
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**Page 8** (6866_008.jpg)
> *Legal Function: Caption*

Hannah of Color
vs.
John Pitcher
subpoena

Wit. Francis W. Page
Mrs Julia A. Bacon
Mrs Deborah Page
Mr Leonard , at Mr Pages
To appear on 4 June 1845
Executed
William Milburn
Sheriff
fee \$ 2

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**Page 9** (6866_009.jpg)
> *Legal Function: Subpoena of Mrs. Julia A. Bacon, Francis W. Page, Deborah Page and Mr. Leonard*

County of St. Louis , SS.
The State of Missouri,

To Mrs. Julia A. Bacon, Francis W.
Page, Deborah Page & Mr Leonard Greeting:

~~illegible~~

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 11th day of
June 1845 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 Hannah of Color, is
plaintiff and John Pitcher is
defendant on the part of the 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 8th day of June
in the year of our Lord one thousand eight hundred and
forty-five
Jn Ruland Clerk, C. C.

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**Page 10** (6866_010.jpg)
> *Legal Function: Certificate of Execution*

Executed
William Milburn Shff
Fee \$2.00

> *Legal Function: Caption*

Hannah
vs.
John Pitcher
Subp.

Witnesses
Mrs Julia A Bacon
Francis W. Page
Mrs Deborah Page
Mr Leonard
To appear on 11 June

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**Page 11** (6866_011.jpg)
> *Legal Function: Subpoena of Mrs. Julia A. Bacon, Francis W. Page, Deborah Page, Mr. Leonard, P. D. Tiffany, and Samuel Knox*

County of St. Louis, SS.
The State of Missouri,
To Mrs Julia A. Bacon, wife of H D. Bacon
Francis N. Page, Mrs. Debora Page
Mr Leonard Mr D. D. Page P D Tiffany
Saml Knox, J. B. [illegible]

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 13th day of January
1846 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 Hannah of Color is
plaintiff and John Pitcher 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 19th day of Decr
in the year of our Lord one thousand eight hundred and
forty-five
John Ruland Clerk, C. C.

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**Page 12** (6866_012.jpg)
> *Legal Function: Caption*

Hannah
vs.
John Pitcher
Subp
13th Jan
To appear on 31 Decr

Witnesses Mrs Julia Bacon
Francis W. Page
Mrs Deborah Page
D. D. Page
Mr Leonard
P D Tiffany
Saml Knox [illegible]

Executed Wm Milburn Shff
fee \$2.50

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**Page 13** (6866_013.jpg)
> *Legal Function: Subpoena of J. R. Sheply*

County of St. Louis , Ss.
The State of Missouri ,
~~To Mrs Vail Mr , and Charles Stuart~~
J. R. Sheply Esq.

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 14th day of January
1846 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 ~~[illegible]~~ Hannah of Color is
plaintiff and ~~[illegible]~~ John Pitcher
defendant on the part of the 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 13th day of January
in the year of our Lord one thousand eight hundred and
forty-six
John Ruland Clerk, C. C.

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**Page 14** (6866_014.jpg)
> *Legal Function: Certificate of Execution*

~~Celestine~~ Hannah
vs
John Pitcher
~~[illegible]~~
Subp for
J R Sheply Esq.
~~[illegible]~~

~~[illegible]~~
~~St. Charles St.~~

To appear on 14 July
1846

Served on J R. Sheply
this 14 July 1846
Fr. B . Murdoch
Executed Wm Milburn Shrff
Fee 50 ct

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**Page 15** (6866_015.jpg)
> *Legal Function: Jury Instructions - Refused*

[margin] Refused

If the plaintiff was taken by David Page
who was then the owner of the plaintiffs to
the state of Massachusetts, and there remained
for weeks or months on a visit to his relations
and while so visiting held the ~~slave~~ plaintiff
there as his servant, she is entitled to freedom

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**Page 16** (6866_016.jpg)
[blank]
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**Page 17** (6866_017.jpg)
> *Legal Function: Jury Instructions - Accepted*

[margin] Given Jan. 20, 1846

1

If the jury believes from the evidence
that Daniel D. Page was the owner
of plaintiff, & that the wife of said Page
took said Slave with her on a visit to
her family in Massachusetts & Maine
in May & returned with her in the fall
of the same year, & that during that
whole excursion the said Mrs. Page, was engaged
in visiting among her relatives from place
to place, or in going traveling to &
from the St. Louis to the earlier states
they will find for the ~~plaintiff~~ defendant

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**Page 18** (6866_018.jpg)

[blank]
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**Page 19** (6866_019.jpg)
> *Legal Function: Jury Instructions - Accepted*[margin]

[margin] Given Jan. 20 1846

2
That if the plaintiff was carried as
a servant to the states of Maine &
Massachusetts by the consent of the owner
and upon there as such, namely for
the purpose of a visit for a few
~~[illegible]~~ months, & was retained there
on such visits from place to place
among relations of the owner, ~~[illegible]~~ for
periods of not more than two or three
weeks, & used during the whole time
as the personal attendant as the
family of the owner ^ & making visits ^ then she was
not freed by such residence in
Maine & Massachusetts

[margin] Given Jan. 20, 1846

3

That no holding of the slave Hannah in
Maine or Massachusetts by her owner on
a mere visit or sojourning there, can set
her free, unless ~~[illegible]~~ her right to freedom
has been enforced in those States
or out of them.

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**Page 20** (6866_020.jpg)

Hannah (of color)
vs
Pitcher
Instructions

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**Page 21** (6866_021.jpg)
> *Legal Function: Motion and Reasons for New Trial*

Hannah
vs
John Pitcher

Motion ^ & reasons ^ for new trial

1 Because the verdict is against the
law of the case
2 Because the verdict is against the
evidence
3 Because the verdict is against both
law & evidence
4. Because the Court erred in instructing
the jury

*Murdoch for Plff*

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**Page 22** (6866_022.jpg)
> *Legal Function: Caption*

Hannah vs John Pitcher
Motion & reasons
for new trial

filed 21 Jany 1846
Jno Ruland Clerk

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**Page 23** (6866_023.jpg)
> *Legal Function: Bill of Exceptions*

Hannah , of color
vs
John Pitcher

In St St. Louis Circuit Court
November Term 1845
Bill of Exceptions

Be it remembered that on the twenty first day
of January eighteen hundred and forty six in this term
of November 1845. this cause came on for trial upon the
issue joined, and the plaintiff to maintain the issue on
her part called as a witness Mrs Page, wife of
Daniel D. Page, who being sworn testified - that in
the month of May thirteen or fourteen years ago, she and
her husband went to the states of Massachusetts and
Maine on a visit to their relations, and took with them
the plaintiff Hannah , then their slave as a servant
did not stay long in Boston but proceeded to the state of
Maine and visited there ^ in ^ many places. When she left St Louis
with plaintiff, it was on a visit to her friends in the east,
expecting ^ within a very short time ^ to return to St Louis again - stopped in New York
a day or two, went from New York to Boston , staid there
perhaps one day, went to Parsonsfield in the state of
Maine and remained two weeks at connexions of Mr
Page, then returned to Boston in Massachusetts, passed
through to the town of Scituate to visit a sister and other
connexions and staid among them some two weeks
more or less, thinks she returned to Boston then for a day or
so & then went to New Bedford and staid there about
two weeks staying among many relations, left there
for Boston and soon after was taken sick & was not able to travel and as soon
as she recovered sufficiently started for ^ St. Louis her ^ home; she the witness had
many connexions in Boston to visit. Returned to
St Louis in the month of October of same year
and during all the time she was absent as stated,
she had Hannah the plaintiff with her as a servant

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**Page 24** (6866_024.jpg)
The plaintiff, then called Samuel Knox esq. who being
that he is a laywer by profession living in St. Louis - him never practiced law
in Massachusetts or Maine & not acquainted with the laws of either state
sworn testified ^ to knowledge of witness ^ that slavery does not exist in the state
of Massachusetts or the state of Maine - the plaintiff
then called J. R. Sheply Esq. who being sworn testified
that he is a lawyer living in St Louis - never practiced law in Maine or Massachusetts slavery does not exist in the state of Maine or the
state of Massachusetts ^ to knowledge of witness ^. The plaintiff also proved
by witness,, that at the time of the bringing of this suit,
the defendant held the plaintiff in possession, claiming
her as his slave, under title derived from Daniel D.
Page - Thereupon the plaintiff closed her
case, and the court instructed the jury as follows
(Here set forth the instructions given by the court)
to which instructions and the giving of the same, plaintiff objected & then excepted - the plaintiff
then prayed the court to give the following instruction.
(Here insert instruction) which the court refused
to give, and the plaintiff therefore excepted to
the opinion of the court in refusing said instruction.
And on the twenty first day of January eighteen
hundred & forty six, the plaintiff came and filed
her motion for a new trial, as follows (Here set
forth the motion and reason for new trial) and
the plaintiff afterward at the leaving of said
motion & reasons insisted that a new trial
should be granted for the reasons in said motion
set forth, but the court overruled said motion &
refused to grant the said plaintiff a new trial
to which decision the plaintiff then and there
excepted - the forgoing was all the evidence
and proceedings on the trial and on said motion
in this case, not of record, and the same is made a part of the record. Signed and sealed
this 9th day of April eighteen

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**Page 25** (6866_025.jpg)
hundred and forty six.

*John M Krum*

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**Page 26** (6866_026.jpg)
> *Legal Function: Caption*

Hannah
vs
John Pitcher
Bill of Exceptions

*Filed 9 April 1846 Jn Ruland Clerk*

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

Hannah, a Woman of Color V. John Pitcher. 1844, St. Louis Circuit Court Historical Records Project, accessed October 9, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60935