Jane M. Cray, a mulatto woman v. William R. Hopkins, et al.

Item

Jane M. Cray, a Mulatto Woman V. William R. Hopkins, Et Al. 1845, St. Louis Circuit Court Historical Records Project, accessed October 9, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60947

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Case Title: Jane M. Cray, a mulatto woman v. William R. Hopkins, et al.
Series: Freedom Suits
Plaintiff: Cray, Jane M.
Defendant: Hopkins, William R.; Miller, Eliza O.; Miller, William B.; Hopkins, R. R.; Hopkins, Ashley Cass; Hopkins, Mary Frances; Hopkins, Laura G.; Hopkins, Adelaide H.; Oliver, William; Hopkins, William C.; Hopkins, Theresa; Hopkins, Mary F.; Hopkins, Mary A.
Date Filed: 1845-09-12
Filing Date: 1845-09-12
Plaintiff’s Attorney: Grace, Pierce C.
Court Name: St. Louis Circuit Court
Court Term: 1845-11
Judge: Krum, John M.
Clerk: Ruland, John
Sheriff: Milburn, William; Osburn, A. C.
Cause of Action: Trespass; False Imprisonment; Assault; Battery
Case Notes: Plaintiff claimed she purchased her freedom from defendant Hopkins for $600.
Case Number: 162
Identifier: ccr1845.06818.011
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **Jane M. Cray, a mulatto woman v. William R. Hopkins, et al.**

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**Page 1** (6818_001.jpg)
> *Legal Function: Petition for Leave to Sue as a Poor Person*

To the Hon John M. Krum,
Judge of the St. Louis Circuit Court
The petition, of Jane M Cray respectfully represents
that on the 15th day of April Eighteen
hundred and and thirty seven at that time being
owned by her former master William H. Hopkins
since deceased did by and with the Consent
of her said master purchase her freedom from
him and his heirs, for the sum of of Six Hundred
dollars. Five Hundred dollars of which were
paid to her said master by your petitioner on
the day & year aforesaid, upon the payment
of which the said William H Hopkins executed
in the presence of witnesses an acknowledgment,
receipt and obligation in the words and
figures as follows, to wit,
“St Louis April 15, 1837
I have this day sold my servant woman, Jane M Cray
to herself for the sum of six Hundred dollars of
which purchase money I have received five
Hundred dollars and obligate myself on her
payment of the balance, say one hundred
dollars to execute a bill of sale to her making
herself the sole proprietor of her person.
W. H. Hopkins”

Witness Wm R. Hopkins
Witness Bartholomew Brown
Witness J. D. G. Mauny[?]
And your petitioner, further states that afterwards
to wit, on the 1st day of January AD Eighteen Hundred
and Thirty Eight, when she had paid to her
said master the full sum of One hundred dollars
due as aforesaid for her freedom, the said
William H Hopkins , executed to her an
instrument in writing in the words following.

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**Page 2** (6818_002.jpg)
to wit:
“Whereas Jane M Cray , did on the fifteenth day
of April One Thousand Eight Hundred & thirty seven
pay me the sum of Six Hundred Dollars being
the price of herself and whereas I did obligate myself to manumit her, by an instrument of
the same date; I do hereby authorize and
permit her, the said Jane M Cray to go
and reside in any County in the State
of Illinois there to do and act for
herself Witness my hand this first
day of January, one thousand eight hundred and thirty eight

*W. H. Hopkins*
And your petitioner further states that
afterwards during the summer of the year 1838, the said
William H Hopkins died intestate and without
executing to your petitioner any deed of emancipation
according to the laws of the state
of Illinois or any further evidences of
her freedom than the paper aforesaid. That
your petitioner before the death of the said
William Hopkins was acknowledged by him as
a free women and supposed by him to act
as such and ~~xxx~~
since the death of the said Wm H Hopkins, the heirs of said Hopkins

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**Page 3** (6818_003.jpg)

notwithstanding the frequent solicitation
of your petitioner to that effect
[illegible] have neglected to carry out
the intention of the said Wm Hopkins,
by giving executing to her the papers necessary
to fully emancipate her under
the laws of this state:
And your petitioner further states that
failing to obtain the deed of emancipation
necessary to free her according to the laws
of this state, she did, during the year
Eighteen Hundred & forty four with the advice, consent,
knowledge, approbation of the
said heirs of the said Wm H Hopkins for
the purpose of more fully entitling her
self to her right of freedom go to the state of
Illinois and did then, to wit
, in the town
of Galena County of do
and act for herself as a free woman
from the about the 1st day of September until
the about the 1st day of October, AD Eighteen
Hundred & forty four
And your petitioner further states that the
heirs of the said William H. Hopkins now
living are William R. Hopkins, R.R. Hopkins,
Ashley Cass H Hopkins, Mary Frances Hopkins,
Adelaide H. Hopkins , Laura G. Hopkins, and
Eliza O. Miller, Children of the said William
H. Hopkins. William C. Hopkins, Theresa Hopkins
& Mary F. Hopkins - children of Elliott
K. Hopkins, deceased, and grand children of
this said William H. Hopkins (decd)
And your petitioner also states that, although
she has never been disturbed in her freedom

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**Page 4** (6818_004.jpg)
by the said heirs of the said William H. Hopkins , yet in asmuch[?] as she has acquired by her
industry some property in this state, she cannot
foresee what may happen, hereafter, to
to deprive her of the fruits of her labour un
less her right to freedom be established ac
cording to law, beyond controversy
Your petitioner therefore prays that, in
consideration of the previous, she may have
leave to sue as a poor person, in order to
establish her right to freedom, and that
Counsel may be assigned to her for that
purpose, and as in duty bound those
will ever pray &[?].

*Jane her M Cray x Mark
Attest
Jn. H.[?] Watson.*
> *Legal Function: Order*

Petition of Jane McCray On reading & considering the above foregoing
petition it is ordered (if the petitioner shall
give security as required by law, satisfactory
to the Clerk of the St St. Louis Circuit Court ) that she
be allowed to sue for her freedom - itis further
ordered that said [illegible]petitioner have liberty to attend the counsel as occassion[?] may
require that she be not removed from
the jurisdiction of the St. Louis Circuit Court &
that she be not subjected to any severity
on account of her application for
freedom.
It is ordered that Grace Esq be
appointed [illegible] said
suit given [illegible] this 12 day of Sept. 1845

*John M Krum
Judge 8th Jud. Cir. Mo*

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**Page 5** (6818_005.jpg)
> *Legal Function: Summons of William R. Hopkins et. al.*

County of St. Louis , ss.
The State of Missouri , To the Sheriff of St. Louis County-Greeting:
We command you to summon William R Hopkins , Eliza O
Miller, and her husband William B Miller, R R Hopkins, Ashley
learr Hopkins, Mary Frances Hopkins, Laura G Hopkins, William
R Hopkins guardian of said Ashley, Mary Frances & Laura,
Adelaid H Hopkins , and her guardian William Oliver , William C
Hopkins, Theresa Hopkins , May F. Hopkins, and Mary A Hopkins of as guardian of William C Hopkins, Theresa Hopkins and, Mary F. Hopkins,
if they be found in your county, that they be and appear before the Judge of our Circuit Court , on the first day of the next term thereof, to be
held the City of St. Louis , wihtin and for the county of St. Louis , on the third Mon-
day of November next, then and there to answer unto Jane M Cray
of a plea of tresprass
to the great damage of said plaintiff
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 third day of October in the year of our Lord eighteen
hundred and forty five
Jn. Ruland Clerk.*
> *Legal Function: Order*

On reading & considering the above foregoing Petition, it is ordered (if the
petitioner shall give security as requied by law satisfactory to the clerk of the
St. Louis Circut Court ) that she be allowed to sue for her freedom - &[?] it is further
ordered that said petitioner have reasonable liberty to attend her counsel as
occassion may require, and that she be not removed from the jurisdiction
of the St. Louis Circuit Court and that she be not subject to any
I acknowledge myself bound for all costs tht may accrue in the above cause. Witness my hand and seal, at St. Louis , this day of 184[?]

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**Page 6** (6818_006.jpg)
severity on account of her application for freedom. It is also ordered
that P. C. Grace esq: be appointed as Counsel to conduct the said suit.
Given under my hand this 12th day of sept. 1845. John M Krum ,
Judge 8th Jud Cir. Mo

*A true copy of the order of the Judge attest Jn. Ruland clk*
> *Legal Function: Certificate of Execution*

Executed this writ in the County of St Louis by offering
to read it and the declaration to William R
Hopkins on the 25th in his own right and as guardian
for Ashley, Mary Laura Hopkins, to Eliza
Miller Mary Francis and Laura G Hopkins
on the 27th day of October 1845 to Richand R
Hopkins on the 10th and to William B Miller
Guardian of the said Eliza on the 11th days of November
1845 and by reading it each of the defendants above
named the the order of the judge in this case
Ashley Cass Hopkins - Adelaide K Hopkins and
her guardian William Oliver - William C Hopkins
Theresa Hopkins, Mary G
Hopkins - and Mary
Hopkins guardian &c not found in my
county

*William Milburn shff By A. C. Osburn[?]
Fees $ 10.50*
> *Legal Function: Caption*

No 162
St. Louis Circuit Court
November Term 1845
Jane M Cray
vsSummons
25th
William R Hopkins , Eliza O Miller

*and her husband William B Miller [illegible]
27th
Tuany [illegible] Hopkins Ashley Cass Hopkins,
Mary Francis Hopkins Laura G Hopkins William R Hopkins Guardain[?] of
said Ashley Mary Francis Laura
Adelaide H Hopkins her guardian
William Oliver William C Hopkins
Theresa Hopkins, Mary F Hopkins
and Mary F Hopkins gurardian of
said, Theresa and Mary F F.*
Suit for freedom

*Grace atts
Filed October 23rd 1845
John Ruland clk*
|   |   |
|---|---|
| [illegible] 1.or | 1. [illegible] |
| [illegible] | 1.00 |
| copy per [illegible] | 7.75 |
| [illegible] | 3.75 |
Cond 17 p 448- Dismissed for want of prosecutors June 16 1849 17 p 624 Dismissed
set aside 18 p 209 contd 19 p 62 cond 19 page 229 nov 1850 Contd 20 p 194
nov. 1851 his [illegible] 27 p 335 7th Jany[?] 1852.

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**Page 7** (6818_007.jpg)
> *Legal Function: Waiver of Dismissal*

Jane M Cray
vs William R . Hopkins et als[?]
heirs of William Hopkins decd Suit for Freedom[?]
In the St St. Louis Circuit Court
November Term 1848
The undersigned defendants in the above [illegible] Enti-
tilled case, understanding that the case
was determined
in the last term of the St Louis
Circuit Court hereby signify their assent and
agreement to the reinstatement of the
same on the docket of said court they
being unwilling to take advantage of the
said dismissal in asmuch[?]
as the suit
is amicable
in its character. They
waive all further notice to them and agree
that the case may proceed as if no such dismissal
had taken place
W R Hopkins
signed self as Guardian for
Mary Frances
and Laura Hopkins

*A. C. Hopkins
R R Hopkins*

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**Page 8** (6818_008.jpg)
[illegible]

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**Page 9** (6818_009.jpg)
> *Legal Function: Plaintiff's Complaint*

In the Circuit court of St Louis County November Term 1845
State of Missouri County of St Louis ss
Jane M Cray a Mulatto woman complains of William R . Hopkins
\- Eliza O. Miller and her husband William B. Miller
\- R. R. Hopkins - Ashley Cass Hopkins - Mary Frances Hopkins and Laura G Hopkins The
said William R Hopkins Guardian of the said
Ashley - Mary Frances and Laura - Adelaide
H . Hopkins, and her guardian William Oliver, - William L. Hopkins - Theresa Hopkins, Mary F Hopkins, and Mary
A. Hopkins as guardian of the said William L. - Theresa - Mary F - of
a plea of Trespass: For that the
said William R . Hopkins - Eliza O. Miller, and
her husband William B. Miller - R. R. Hopkins, Ashley Cass Hopkins, Mary Francis Hopkins
\- Laura G. Hopkins and the said William R
Hopkins as guardian of the said Ashley Cass -
Mary Francis Laura G. - Adelaide H Hopkins, and William Oliver, as guardian
of the said Adelaide H. - William C. Hopkins
\- Theresa Hopkins - Mary F Hopkins, and
Mary A Hopkins, as guardian of the said
William C. - Therresa, Mary F[?] on the
first day of july in the year A D
eighteen Hundred & forty five - at St Louis, to wit-
at the County aforesaid with force and
arms assaulted the said Jane M Cray

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**Page 10** (6818_010.jpg)
and her, the said Jane M Cray, then and
there took imprisoned and restrained
of her liberty, and her, the said Jane M Cray
held in servitude from the first day
of July A D Eighteen Hundred and forty five until the first day of September
AD Eighteen Hundred and Forty Five, without any reasonable or probable cause against
the law of the land, and against the
will of her, the said Jane M Cray , and
other wrongs and injustices against the said
Jane M Cray , then and there did:- and
she, the said Jane M Cray [illegible] and
declares that she, the said Jane M Cray
before and at the time of the Committing
the said grievances was and still is
a free person, and that the said
defendants - held and still hold her
the said Jane M Cray in slavery,
against the peacec, and to the
great damage of the said Jane M Cray
and Therefore she brings her suit

*Grace, Atty*
We Hereby bind ourselves as securities for all costs that may be adjudged against
the palintiff[?] in this [illegible]

*[illegible]
[illegible]
[illegible]*

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**Page 11** (6818_011.jpg)
No in the St. Louis Circuit Court
November Term
1845
Jane M Cray
vsWilliam R. Hopkins esals
suit for freedom

*Clerk mile please issue
[illegible]
Grace [illegible]*

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