Jane Cotton v. James A. Little

Item

Jane Cotton V. James A. Little. 1848, St. Louis Circuit Court Historical Records Project, accessed October 9, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60964

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Case Title: Jane Cotton v. James A. Little
Series: Freedom Suits
Plaintiff: Cotton, Jane
Defendant: Little, James A.
Date Filed: 1848-02-15
Filing Date: 1848-02-15
Plaintiff’s Attorney: Witmore, Alphonso
Defendant’s Attorney: Taylor, George R.
Court Name: St. Louis Circuit Court
Clerk: Ruland, John; Nemmington, William
Sheriff: Conway, James; Brown
Sworn Declarant: Willi, Samuel; Dowling, Richard; Whitmore, Alphonso; Martin, Louis; Kirk, Wiliam; Collins, Charles; Hooper, Andrew
Cause of Action: False Imprisonment; Trespass
Case Notes: Plaintiff alleged she was born free in Illinois.
Case Number: 37
Related Court Case Number: 06883; 06884; 06885; 06886; 06888; 06889; 06890
Identifier: ccr1848.06814.028
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **Jane Cotton**

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**Page 1** (6814_001.jpg)
> *Legal Function: Summons of James A. Little*

County Of St. Louis , Ss.
The State Of Missouri ,
To the Sheriff of St. Louis County, Greeting:
We command you To Summon James A Little
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 April next, then and there to answer unto Jane Cotton of her petition for freedom this day
filed 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 fifteenth day of
February in the year of our Lord eighteen
hundred and forty-eight
jno Ruland Clerk.
By Wm Nemmington[?] V. C.*
> *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 fifteenth day of February 1848.
Elias B . Smith*

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**Page 2** (6814_002.jpg)
> *Legal Function: Certificate of Execution*

Executed this writ in the County of St. Louis
February 17th 1848 by reading the writ The.
To James A Litte the defendant. The declaration
he refused to hear.

*Jam. Conway Sheriff
Fee \$1.00*
> *Legal Function: Caption*

No 37
St. Louis Circuit Court
April Term 1848
Jane Cotton
vs
James A Little
Summoned
Set for Freedom

*A. Meturoneatto
Filed February 15th 1848
Jno Ruland . Clerk*
> *Legal Function: Order*

Jane Cotton
vs
James A Little
Petition to be allowed to sue for freedom
on motion of the plaintiff by her attorney
and is appearing to the satisfaction of the court that the pe tition herein filed[?] sufficient matters to authorize
the [illegible] of a duit[?], it is ordered that said
petitioner be allowed to sue requires security satisfactorily[?] to the clerks for all costs that may be adjudged against
her, and that she have redeemable liberty to attend her
counsel and the Court as [illegible] may require
and that she be not removed ask of this Jurisdiction of this
court and that she be not subject to any severity on ac
count of her application for freedom.

*A. True Copy attest Jno Ruland, Clerk
[illegible] fee $ 2
[illegible] \$3 p. by clerk to*
Mo. to restrain 18 p 177 Mo. for attach 18 p 179 Mo. overruled 18 p 208. Defts
to declare & Mo. for security p 218 Rejoinder in demr, 18 p 255 [illegible]
Withdrawn & plea filed 18 p 260 Plea withdrawn. & demr.[?]. with heretofore recalled &. 18 p 262. Demr suit leave to amend & at Plff
costs, 18 p 266 Mo. sec. withdrawn. 18 p 279 clerk: Mo for security 18 p 369, Amended declaration filed 18 p 384 Motion
for security ordered within ten days or suit dismissed 18
p 389. Dismissed for want of security at
plff & exn Dec[?] 4/48 18 p 421

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**Page 3** (6814_003.jpg)
> *Legal Function: Complaint of Jane Cotton*

To the Honorable
Alexander Hamilton , Judge of the
Circuit Court of St. Louis County.
The Petition of Jane Cotton Respectfully
she with:- that she is now held in slavery by
one James A .
Little in the city and County
of St. Louis when she and has a right to be free.
And in order to establish this right, she prays
to be allowed to suo, for the recovery of her
freedom in your Honorable court, and
for the following grounds, on which her
claim of freedom is founded, to wit
she
she was born free as she believes, in the Ter-
ritory of Illinois; and two years after this Territory
had been admitted into the union as a
free state, she was brought for [illegible] into
Boonsville[?] Missouri , where slavery was by law permitted,
which Territory of Missouri , was, when ad-
mitted
into the union, was thus admitted
as a slave state; and the bringing of your
petitioner from a free state to a Territory,
was when she was in infancy and without
knowledge of her rights, and when she
had no one to protect her; and since she was
thus brought into Missouri she has been
wrongfully held as a slave, and is still so
held by one James A Little a resident
of Fourth Street, in the city of St. Louis
your petitioner further states that she
was carried to Alabama within or to Arkansas after she was brought to Missouri
and she is not able to set forth any more facts and
particulars to sustain this application, but
relives upon the testimony which will
be addressed in the cause, and [illegible] the
necessity of her witnesses; and your

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**Page 4** (6814_004.jpg)
Petitioner will on pray &c

*Jane her x mark Cotton*
> *Legal Function: Notarization*

State of Missouri
County of St. Louis ss
Personally came
before the undersigned, a Justice of the
Peace within and for the County afore-
said,
Jane Cotton , without having been
duly sworn, after the petition had
[illegible] read and by her fully understood
, and made oath that the facts and all
the particular are true, to the best of
her knowledge and belief.

*Jane her x Cotton mark
Sworn to and Subscribed
Before me this 15th
day of February [illegible] 1848
Justice of the Peace*

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**Page 5** (6814_005.jpg)
> *Legal Function: Witness List for Plaintiff Jane Cotton*

Witnesses for Plaintiff, a complainant.
1.Jacob Carr
2.Darcy Wileman,[?]
3.Benjamin Philips Esqr.
4.Rebecca Rittenhouse-[?]
5 John Woods
6 Old Mrs. still
all in St. Louis County about six miles
South of Belleville, Illinois[?].

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**Page 6** (6814_006.jpg)
> *Legal Function: Caption*

Jane Cotton
vs
James A . Little
Petition in C. Court

*A. Witmore atty for plaintiff.*

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**Page 7** (6814_007.jpg)
> *Legal Function: Petition to Sue in Forma Pauperis*

Jane Cotton
vs
James A . Little
Motion
In Circuit Court
Feburary 18. 1848.
Now comes the complainant by her
attorny[?], and suggests to the court the follow-
ing facts; that at the time that the order
of this court was made, allowing the com-
plainant to sue as a poor person for her
freedom, she had been by the defendant
committed to the jail of St. Louis County,
on the official commuttioned[?] of Justice
Johnson; and that when the said Little
had been apprized of the application of the
complainant for the order aforesaid, and
after it was made, she he took the said
Jane Cotton out of Jail and conveyed
her away [illegible] Jefferson Baracks[?] with
a [illegible] of shipping her off beyond the
jurisdiction this court. Therefore she by her attorny, moves that an order
be made, that the said Little have
the said plaintiff within the jurisdic[?]-
tion[?] of this court; that “she be at liberty
to attend her counsel and the court as occasion may require and that she be
not removed out of the jurisdiction of
this court,”; and that such order be by
this court made that she shall not
be any longer subject to any or further
security on account of her application
for freedom.

*Alphonso Witmore attorny for complaint.[?]*

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**Page 8** (6814_008.jpg)
> *Legal Function: Caption*

Jane Cotton
vs
James A . Little
Motion in Circuit Court .

*Filed Feb 18th 1848
Jno Ruland clerk
filed 177 numbered 208*

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**Page 9** (6814_009.jpg)
> *Legal Function: Motion to Punish for Contempt*

Jane Cotton
vs
James A . Little
In the Circuit Court of St. Louis
County, In Chounry.
St. Louis Feburary 18th. 1848.
Motion for attachment for contempt.
Now comes the complainant in this case and
files her motion by attorny, and moves the
court to attach the defedant for contempt
of this court in in refusing the obediance[?] to
the lawful order of the court, and in this that
when he was required by said order to allow the
petitioner to be within the jurisdiction of the
Court to prosecute her suit for freedom, and
to have reasonable liberty to attend her counsel
and the court, as occasion may require; and
that she be not removed from the jurisdiction
of the court, and that she be not subject to
any severity on account of her application
for freedom. He said Little did remove and covered her and it appearing that the said
James A Little has violated and disobeyed this
order, she by her attorney now moves, the
court to attach the said Defendant. to show
cause why he has so disobeyed the said order
of court; and that such other proceedings,
may be had in the case as may be legal
suit and equitable in the premisis.

*Alphonso Witmore Atty for complainant,*

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**Page 10** (6814_010.jpg)
> *Legal Function: Caption*

Jane Cotton
vs
James A . Little
Motion to punish for contempt

*Filed Feb 19th 1848
Jno Ruland Clerk
filed 179 number 208*

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**Page 11** (6814_011.jpg)
> *Legal Function: Demurrer to Declaration and Motion for Security for Costs*

Jane Cotton
v.
James A. Little
Circuit Court
April Term 1848
And now comes James A . Little who had been served with process in the above entitled case, and , that the declaration
in this case is not sufficient in cause,
wherefore he prays judge &c

*Taylor
for Little*
And moves the cause for a rule on the plaintiff to furnish additional security- in, this Cause for the reason that she person whose name seen submitted for security is , and is wholly im-possible.[?]

*Taylor
[illegible]*
> *Legal Function: Notation by Clerk*

Motion Withdrawn May 6 1848

*Jn Ruland clk[?]*

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**Page 12** (6814_012.jpg)
241761
188291
53470
> *Legal Function: Caption*

Cir : Court
Apr: Febru[?] 1848
Jane Cotton
v.
James A . Little
Demurres[?] to dec=laration,[?] and
Motion for security for cont.[?]

*filed April 17th 1848 Jno Ruland Clerk*
Taylor pq. Withdrawn May 1st
1848.

*Jn Ruland Refiled[?] May 2 1848x Jno. Ruland ck[?]*

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**Page 13** (6814_013.jpg)
> *Legal Function: Subpoena for Samuel Willi and Richard Dowling*

County of St. Louis , ss.
The State of Missouri ,
To Richard [illegible]
Samuel Willi
Greeting:
You are hereby commanded, that setting aside all manner of excuse and delay, you appear be-
fore our Circuit Court for the county aforesaid, onthe Saturday 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 Jane Cotton plaintiff and James A . Little defendant on the part of Little 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 20[?] day of April in the year of our Lord one thousand eight hundred and
forty- eight
Jno Ruland Clerk C. C.*

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**Page 14** (6814_014.jpg)
> *Legal Function: Certificate of Execution*

Executed this writ April 21th 1848

*Paul . Conwey Shff
Fee \$1.00*
> *Legal Function: Caption*

22 April
Cir: Co
of: [illegible] 48
Jane Cotton
vs.
James A . Little
witnesses for def
for Saturday next

*ricch., Douluig
.Saw: Nilli*

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**Page 15** (6814_015.jpg)
> *Legal Function: Summons of Samuel Willi and Richard Dowling*

County of St. Louis , ss.
The State of Missouri ,
To Samuel Willi , Richard Dowling
Greeting:
You are hereby commanded, that setting aside all manner of excuse and delay, you appear be-
fore our Circuit Court for the County aforesaid, on the 29th: of April
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 Jane Cotton plaintiff and Jam A. Little defendant on the part of defdt,[?] 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 28 day of April in the year of our Lord one thousand eight hundred and
forty-8
Jn. Ruland[?] Clerk C. C.*

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**Page 16** (6814_016.jpg)
> *Legal Function: Certificate of Execution*

Executed April 29th 1848

*Jam. Conway, Shff*
> *Legal Function: Caption*

Cir: Co:
ap: Term 1848
Jane Cotton
vs
Jam: A. Little
Witnesses for Saturday
29. April

*X Samuel Willi
X Richard: Dowling*

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**Page 17** (6814_017.jpg)
> *Legal Function: Subpoena for Alphonso Witmore, Louis Martin, William Kirk, Charles Collins and Andrew Hooper*

County of St. Louis , Ss.
The State of Missouri ,
To Alphonso Witmore , Louis Martin
William Kirk, Charles Collins &[?] Andrew Hooper.
John Stephenson
Greeting:
You are hereby commanded, that setting aside all manner of excuse and delay, you appear be-
fore our Circuit Court for the county aforesaid, on the 3rd day of May 1848
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 Jane Cotton is
plaintiff and James A . Little 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 29th day of April in the year of our Lord one thousand eight hundred and forty-
Jno. Ruland Clerk C. C.*

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**Page 18** (6814_018.jpg)
> *Legal Function: Certificate of Execution*

Executed except Andrew
Hooper.

*Laurel owner Shff By Job Brown Dpy.[?] Fee \$2.20*
> *Legal Function: Caption*

3 May
Jane Cotton
vs
James A . Little
Subpoenae

*A. Witmore (2c)
X Louis Martin
W. Kirk
Chr. Collins
And. Hooper==
John Stephunson=*

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**Page 19** (6814_019.jpg)
> *Legal Function: Rejoinder*

Jane Cotton
vs
James A . Little
in Circuit Court
Now comes the plaintiffs by allowing
and [illegible] in the [illegible].

*Alphonso Witmore atty for plaintiff.*

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**Page 20** (6814_020.jpg)
Jane Cotton
vs
James A . Little
Rejoinder

*Filed April 29 1848
Jno. Ruland clk*

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**Page 21** (6814_021.jpg)
> *Legal Function: Second Complaint, Concerning False Imprisonment During Litigation*

Answered Declaration
Jane Cotton (a free person of colour
complains of James A Little of a plea
of trepass and false imprison-ment for that when[?] as heretofore to on the fourteenth day of February in the year of our Lord one thousand eight hundred and forty-eight with the said defendant with force and arms took & dragged the plaintiff, and then and there im-=prisoned her, the said defendant and kept and delivered her in prison a long space of time to wit for the space, of months against the will of the said plaintiff the plaintiff sworn that before and[?]
at the time of the said trespass and false imprisonment by the said defendant as aforesaid was and now is a free person
and that the defendant did then and now holds her in slavery to the of the said plaintiff five hund=dred dollars[?]

*for the Alphonso Witmore plff attorny[?]*

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**Page 22** (6814_022.jpg)
> *Legal Function: Caption*

Jane Cotton ,
[illegible]
James A . Little,
[illegible] - -
Filed 1848

*[illegible] Nov 20. 1848
[illegible] [illegible]*

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**Page 23** (6814_023.jpg)
> *Legal Function: Plea for Defendant James A. Little*

Jane Cotton ,
James A .,
Little,
Cis. Court,[?]
Nov Term, 1848
and now comes the defendant, and defends, the [illegible] demand,
of the plaintiff,

*[illegible] L. R. Taylor,*

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**Page 24** (6814_024.jpg)
> *Legal Function: Caption*

Cis. Court,[?]
Nov Term, 1848
Jane Cotton ,
[illegible]
James A . Little,
Plea, for defendant,

*J., R. Taylor,*

*Filed Nov. 21. 1848
J Ruland ck[?]*

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**Page 25** (6814_025.jpg)
> *Legal Function: Second Plea for Defendant James A. Little*

Jane Cotton ,
[illegible]
James A Little,
Cis. Court,[?]
April [illegible] 1848
And, now comes,
the defendant, and defends the demand of the plaintiff.,

*Taylor ,*

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**Page 26** (6814_026.jpg)
> *Legal Function: Caption*

Circuit Court of,
apr [illegible] 1848
Jane Cotton ,
[illegible]
James A . Little
Plea, for defendant,

*Taylor ,
Plea, with [illegible] drawm, May
2 1848. [illegible]
filed, May 1. 1849 [illegible]*

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**Page 27** (6814_027.jpg)
> *Legal Function: Motion for Additional Security for Costs*

move the court for additional security, for costs, in
the case of Jane Cotton , by James A Little, on
account, of the insolvancy,[?] of [illegible] B.smith the
present security. Taylor , is counsel, for dft.

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**Page 28** (6814_028.jpg)
> *Legal Function: Third Complaint, Concerning False Imprisonment During Litigation*

Jane Cotton ,
vs.
James A Little,
In The circuit Court, of
St. Louis county;- action of trespass,
for False Imprisonment,.
now comes Jane Cotton the complainant,
and the plaintiff in the case, and makes comm-,[?]-
plaint, by attorney complaint,;
For that, whenas the said defendant,,
heretofore, to wit; on the fourteenth day of
february, anno Domini,[?] Eighteen hundred and
forty eight, did at the county, of St.Louis in,
the state of Missouri , violently, and with
force hold and keep the said plaintiff and
camplainant, Jane Cotton , imprisoned, as a
[illegible] slave; and that he now does hold and
keep her this plaintiff and complainant as
a slave where she, the said, plaintiff and
complainant is a free person of color; and
that the said defendant [illegible] did before the
date hereof and does, now falsely, imprison complainant, as a slave, when she is a
free person,; and this the plaintiff is ready
to verify,; and therefore she brings this suit
for the recovery of her freedom, being now, as
heretofor,[?] held as a slave

*Alphonso Witmore attorny,[?] for plaintiff*

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

Jane Cotton V. James A. Little. 1848, St. Louis Circuit Court Historical Records Project, accessed October 9, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60964