Be it remembered, that on the Nineteenth day of August, One thousand, eight hundred and Sixteen James , Fernon , John Connolly , and Samuel B Smith , have respectively, contributed in eight sums towards, a voyage, up the Misissippi, River, for the purpose, of trading for, the furs, : - that, it is expressly, and agreed, upon by parties, of these presents that at the expiration or termination, of the, said expidition, and after, a tab, of the proceeds, of such trade, the proceeds, thereof as well, as of the profits, and all are to be fairly, and equally divided between, the aforesaid James Fernon , John Connolly , and Samuel B Smith ,

the original whereof was lodged, by marked consent, with one John Wright, of Saint Louis aforesaid for safe keeping, ; - That all of the partners were, to go on the, said expedition, : - And your orator further, shows that they obtained from the superintendant, of Indian, affairs at St Louis a or permit, so made with the Indians, on the waters of the Mississippi , River and the and prepared for their, expidition, that your orator was, then sick, of a complaint and James Fernon one of the, said defendants, concluded not, to go on the said expidition, , and put one John Manson, in his stead, and place upon terms, and conditions, agreed upon, by said Fernon & Manson, that the said Connolly , your orator, as agent for Fernon , : embarked with,

To the Honorable the Judges of the Superior Court , of the Territory, of Missouri sitting, as a Court, of Humbly, complaining your Honor, , your orator Samuel , B . Smith , of the town, and county, of Saint , Louis and Territory, of Missouri that, on the nineteenth day of August in the year one thousand eight and sixteen at the town, and county, of Saint Louis aforesaid a certain, conversation was, had and moved, by and between, a certain, John Connolly , and James Fernon , whom your orator prays may, be made and taken, as defendents, in this his Bill, of Complaint, and your respecting a trading voyage, up the River Mississippi , and its tributary waters, among the Indians made, after several conversations, upon the subject, it was agreed, by and between, them, that each of them should furnish an equal, part, in value of goods suitable for the Indian trade, or money to purchase, the same. and also promises, for the trip, a Boat, and its and for hiring interpreters, and hands for that expedition, and thereupon, your orator furnished money, for his part, of said equipment and outfit, which amounted, to the Sum of Five thousand, three hundred and thirty six, dollars or thereabouts, :................................. about the sum of two hundred & Twenty five, dollars which, was furnished more, than his proportion, and for which he gave his promisory note to, the said Connolly, & Fernon, payable in May, or June, following and in which interest was calculated, and included, at the rate of five per centum per annum, and thereupon, the said Connolly, Fernon, and your orator, made & entered, into a written, agreement in the words, and figures following,

the goods and outfit, aforesaid, on board, of a Keel, boat having previously engaged two interpreters, one of whom was intended, to accompany, some of the partners, on some part of, said expedition to, the River Saint Peters and who it was, understood, the language of, the Sioux tribe, of Indians, and other other tribes who inhabit, those regions, , the name of this interpreter was Francois Lebalke, .-

And your orator furhter states, that they proceeded up, the said River Mississippi , in said Keel, Boat, and were detained, at Portage some days in repairing, the boat, and arrived, at Rock Island - and it was, there determined, by and between the said Connolly , and your orator, , that said Connolly , should take one, one third, of the whole outifit, of goods, and one of the interpreters, and go and establish, himself on account of the company at or near the mouth of the River, and that your orator, and Manson, the agent, of Fernon , with Labalk, the interpreter, should proceed, to the River Saint Pierre in the, Keel Boat, with the residue, of the Goods and Equipment,

That accordingly, your orator, and said Manson ascended, the Mississippi with, the interpreter, and the other hands, in, the Boat aforesaid and arrived, at about the Eigth or tenth, day of November, and about this time, the river was filled with ice, so that it was altogether, impracticable to, ascend the river, at that season, of the year:- that their pork and flour, was by this time, nearly consumed, and exhausted, and there, was no opportunity, of trading, with Indians, at that place: and your orator was, much at a loss, to determine, what course the outfit out to pursue and, which steps to, take for the benefit, of said - and before

he had come to any definite conclusion, he recieved, a letter from his partner Connolly , requesting him to come to the mouth of the Soway River, with all or a part of the goods of the firm, , that he could dispose, of them, and that his gun, powder was nearly sold, and at all to bring him Connolly a supply of the powder, without which he could not take his other Goods to the Indians, .

And your orator further states, that agreeably to the request of the said Connolly as aforesaid, , he made preparations to join the said Connolly and the Mississippi , being then frozen, over and passable on the ice, he hired men trains and horses to carry the Goods he was about taking down to wit, about the equal half part of the two thirds, him & Manson, had taken together and left the remainder, with the said Manson, then he accordingly started, with the said goods on said trains and with much difficulty arrived with the goods at Rock Island, and the ice was not strong enough to proceed further in that manner- accordingly your orator believing it absolutely necessary that his parther should have a supply of powder took all that your orator had being on Horse back, and in that way went to said Connolly at the mouth of the Sowy river. and delivered, to him the powder: and as there was not a sufficient quantity, of that article, it was, concluded that your orator should return, to Saint Louis by after, a further, supply of gun, Powder.

And your orator further states, that his partner Connolly then there gave him an order on Mr Thomas Hanly , of Saint Louis for a quantity of gun powder, and he started at that inclement season by land for that purpose, arrived

that the exact, quantity of Goods returned unsold by Manson, and your orator, , and which were stored, at Davis's, he cannot, say: the value at prime, cost was, he thinks somehwere, about thirteen, or fourteen Hundred dollars:- the goods returned, by Connolly , having no thereof he cannot state, the quantity, or value, but believes, the quantity or value cannot be large, in proportion, to the others as Connolly , had better success, in trade than the others, .

And your orator, further states that after the, said goods. furs, and were thus stored, as aforesaid, and also a quantity of feathers supposed, to be about four Hundred pounds weight about five hundred pounds weight, of Bees wax, about one hundred weight of sugar, the said Fernon & Connolly raised difficulties with your orator, refused to settle according to the sums of the copartnership and together to refuse him.

That the then brought to thirty six or thirty eight Packs or pactons of bear skins, deer skins, muskrat skins, racoon skins, beaver skins, & other skins, the precise number & quantity of each your orator, cannot positively state.

And your orator further, states that he regularly requested, of the said Fernon & Connoly, to divide, the said furs, pelts, , and effects according to said article of agreement which they wholly, refused and would neither come to a settlement, or decision, : and your orator therefore agreed with one Ephraim , Tour to sell, him a part of the for cost at the following rates, Deer skins, at the rate, of thirty, three & one third cent per, pound. Beaver, skins at the rate, of three dollars per pound muskrat skins at the rate, of twenty cents each: Racoon, skins at fifty, cents each. otter skins at three, dollars each and,

at Saint Louis procurred Four Kegs, of Gun, powder, on the said order hired another interpreter, to proceed with, him in order, to trade with, some of the neighbouring Indians, , and returned to, the mouth of the Sowwy, River - Connolly his partner, had removed some fifteen or twenty miles from, his first establishment but the found, him at the mouth of, said Sowway, River, and delivered to, him two, more Kegs of, gun powder, - and left, the remainder, in charge of a French, trader and proceeded to, Rock Island brought down, the goods he, had left there to the mouth, of the Sowway, River recieved his Two Kegs, of powder and, commenced trading, with the Indians, at that place,

And your orator further states, that he continued, to trade, and traffick with, the Indians, , and used his utmost, for the benefit, of said partnership until, the spring when Manson descends, the River Mississippi to the mouth, of the Soway River, having traded, very little with, the Indians with, the boat and the balance, of the goods -- that, his partner, Connolly and, himself gatherd, together the remains, of the goods not sold, their skins, furs, pelts, and effects excepting, about two, Hundred muskrat skins & five guns, which were left, with the interpreter, and which were, afterwards delivered, to your orator, at Saint Louis and with Manson embarked in, the boat fo, Saint Louis and arrived, safely sometime, the beginning of May, and stored their, said goods, skins, furs, and at Ralph Davis's in, the said town, of Saint Louis &, that Fernon was then, at Saint Louis -

And your orator further states, that Manson, did not sell, or dispose, of many of the goods. That your orator, sold more, > to advantage but, not to the total, of the trade, of his partner Connolly , who had been stationary, & trading, the whole winter,

Beark skins at three, dollars each, and caused Twenty, Seven of said skins, furs, and to be transported to, the cellar of,

Gibbons, in the Town, of Saint , Louis , to assort, and count, the same, and to receive, payment therefor from, the said Ephraim Tour, for the said company but before, the said skins furs and, were then assorted & counted and finally delivered to, said Ephraim Tour, , the said Fernon & Connolly retook, the same, or some part for them, so that the goods, and effects are still in, the power, & possession, of the said Fernon, & Connolly or have been sold, or disposed of by them - and the said Fernon & Connolly will neither, permit your orator to, have control, or power over, the said goods furs skins, peltices a& effects, nor will, they make, a settlement, or division thereof according, to said article, of Copartnership, : -

And, your orator further states, that the said Fernon , and Connolly are transient, persons, have permanent place of, residence, or abode in, this terriroty, and are about to leave, it, for parts unkown, to your orator, - and your orator, is advised that, he cannot maintain an action at law against, them only account until, the said copartnership is terminated, and he is fearful that they will convert and dispose, of all, the said copartnership effects, and leave the county so that, your orator will be remidiless in the promises, and deprived, of his part & portion, of said property or, the proceeds,

and, your orator, further states, that the Bills, of account, and invoices, and sales, of said company are not, in his power, or possession, but are in the possession, or power of the said defendants, as he supposses, . So that the said defendants, can only, make a statement of, the partnership transactions, and your orator, hath frequently, in a friendly manner applied, to the said defendants, to make a fair and equal,

division, of said, partnership effects, , and to come to a fair, and just, account, and settlement, with your orator, . Which they, have wholly neglected to do although, your orator expressely charges, the fact, to be that he is entitled to a third put thereof according to, said Articles of Copartnership, all which and doings, of the said doings of the said James Fernon & John Connolly , , and their Confederates, are contrary to right equity, , and good conscience, and to defeat, and defraud, your orator, of his part and, portion, of the said partnership to his manifest wrong, and injury.

In tender consideration, whereof and forasmuch, as your orator, is altogether remidiless, in the premises, by the strict rules, of the common law, , and cannot have any discovery, or relief, without the without the aid and assistance, of a Court, of matters, of account; copartnership concerns, writs, of injunction and of , , and

To the end therefore that the said James Fernon , and John Connolly , , and their confederates when discovered, may after, their corporal oaths, have direct, and positive answers make, to all and singular, the matters aforesaid, as fully as if the same were herein, again , and they thereunto particularly interrogated, and more especially, that they, may answer, and set forth, .

1st-Whether or not a conversation, was had & moved, by and between, the said defendants, and your orator respecting, a trading, trip up the Mississippi River , - if so, what was the substance, and amount, of such conversation, .

2-: Whether, or not an outfit was furnished for, such expedition, ; by whom: to what amount: in what articles, article by article the quantity, & conts, of each:- by whom paid, for and, how:- in what proportions, by each, of the parties aforesaid,

3.- Whether or not a written, article of copartnership was, made and entered, into by and between, the said, defendants and your orator, ;- if so, when & wehre, ; the contract, thereof; with whom it was, deposited where it now is :-if the copy set, forth in the Bill is a true copy if that the variance, may be and the article set forth, in the answers, of the defendants in words ad figure at full length.

4.-Whether or not the said partners to trade with the Indians: or any of them & for whom obtained.

5. Whether, or not all of the partners were not to accompany, the said expedition: did they do so: if not who failed in doing it and why.

6- Whether or not your orator, the said Connolly , & Manson, with the Indian Indian interpreters, & hands. did not ascend the Mississippi , river, in the said keel boat, on the said trading voyage. if, so where did they first stop: and why: where did the said Connolly leave the boat: and why what part of the goods did he take with him what interpreter, how many men, and where did he establish himself.

7.- Whether or not your orator & Manson did not ascend, the river with an intention of wintering, at or near the River Saint Pierre &, were they not stopped, at Prairie de chirn and prevented by the ice from going on-

8.-Whether or not the said Connolly wrote to your orator, that his Gun Powder was nearly sold: requesting him to come with, the goods, to ; and particularly the Gun Powder, and the reason for such request if not what did Connolly send, to your orator for. and why.

9.-Whether or not your orator carried, gun powder to said Connolly at Joway River, and how much: and why: did any person go to Saint Louis after a further supply: who went in what way or manner. if such person returned- with what supply, how disposed of and with whom left, whether the weather was then inclement and uncomfortable or moderate, .

10 Whether, or not your orator established himself, at the mouth of Soway River, , and traded with the Indians, there ifnot where was, he, and why

11 Whether, or not, Manson made, any profits by trading, with Indians, the amount, of expenses, Paid out not the amount, of goods sold, furs bought, and the good

12 Whether or, not Connolly did not trade with, the Indians, at and near, the Soway River, as one of the partners, what goods he sold or disposed of, what skins, pelties, & furs he received, in payment, or bartered for, How many Beaver skins, Bear skins, Otter skins, Muskrat skins, Raccoon skins, & Deer skins did he obtain, what quantity, of feathers, bees wax, and articles How many of each, of them your orator traded &, bartered for, :

13 Whether, or not the skins pelties, furs effects and, goods of said, company with in, the hands, of your orator, . the said Connolly & the said Manson were embarked on a boat, the said, boat after, the return of Manson, from did Connolly , your orator & Manson come over, in the said boat, if said boat & Cargo arrived safely at Saint Louis , were they landed, and stored, where by whom and with whom, what quantity, of goods is undisposed, of and unsold, and the articles, , and cost, of each, what is, the whole quantity amount, and worth, of the skins furs pelties feathers, , feathers bees wax sugar, , and oher, stored up belonging, to said company, who discharged, and paid the interpreters and hands or, what sums Manson, was employed, by whom, or, what shares, , for what and by whom paid,

14 Whether or, not the said Fernon & Connolly have, the said goods skins, furs, pelties, & effects, in their possession if, not, , who has them, : has any part thereof been sold or disposed, of by them by whom, for what price, what amount, what payments, and what balance, is in there, .

15 Whether, or not the said defendants, have the original articles of, agreement, Books, invoices, sales, credits,

and papers, of said comoany, and that they may, be produced, on the hearing, of this cause & before, the auditor, - if they have them, not where are they,

16- Whether, or not the defendants have accounts, 10 and with, your orator for, his third part, of said effects, if so when, and wher, and what was, the amount, - if they have not accounted, why not or than

17- Whether, or not the said company made any profits and how much at what place, , and places and by what

18- Whether, or not the said defendants both, or neither, of them have, a permanent residence, in this territory are, they or either, of them about leaving, the territory without,, having, a settlement or paying, your orator, his part or portion, and have, thy not the whole of the partnership propery, in their possession, and at their disposal, that the said defendants, may, be ordered, and compelled to, pay to, your orator, the part coming &, him, and said partnership, that they may be obliged, to bring in, and deposit with, the proper office, of this Honorable Court, all such, Books of accounts, of the said partnership together with, the invoices, sales, papers, , and writings touching, the same, . that the said defedants, may be restrainted, From selling, and disposing of, the partnership effects unless to the consent, of your orator, and that a Writ, of may be granted, against them, in favor of your orator restraining, them and each, of them from leaving this territroy until the demands, of your orator aforesaid are fairly & justly settled and filed, and that your orator may have such, & further relief in the, in the of this case my require, that it please, your Honors therefore to grant, your orator, the writ, of Subpoena requiring, the said defendants, and each of them to personally be, and appear before, this Honorable court then &, there have full perfect and distinct answers, to all and Singular, the premises, on this, and each of respective,

corporal oaths, to be by, them taken on, the of Almighty, God and also the Writ, of and restraining, them & each, of them from leaving, this territory, while they shall have given security according, to law to, pay sheriff, the just demands, of your, said orator, as aforesaid, and to stand to, and abide by and perform, the is the and also an injunction, the said defendants, from disposing, of the than of your orator in said partner, ship and also the of a directed to, them the said defendants, thereby requiring, them & each, of them to bring in and deposit with the proper office of this case, all such, Books of account of the, said partnership invoices, and papers relating to, the promises as, they or of them shall in, their anser to, your true confess, to be in their, hands, proven, or custody, or in, the hands, proven, or custody, of any other person or persons in trial, for them or rather of them, And the said defendants, may stand, to, perform, , and abide such further order &, is the promises as, this Honorable Court shall, make therein,

Samuel , B . Smith being duly sworn on, his oath saith, that the partnership transaction believes him, him

and James Fernon & John Connolly , is not settled, or finished, nor, is the said partnership dissolved, that the said Fernon &, Connolly have, the goods, effects, furs in their, power, or possession of have disposed, of the same that, he is advised, by his Counsel, that an action, of cannot be maintained against the said Fernon & Connolly, while the said partnership, is dissolved, or that he is informed & believes, that information to be true, that the said Fernon & Connolly, intend shortly to leave, this territory without, an and that injustice will be don to, him unless a writ of Exeat, is issued, against them, , and they be compelled to give, security to abide by the law of this honorable court, in the promises, .

Charles Peck being, also duly sworn on, by oath saith, that he was present when James to Samuel B Smith , a copy of the award on the Back of which is endorsed, the affidavit of Ephraim Tour, and asked him whether he would accept of and abide, by the same that he the said Samuel B Smith , then declared that he could not - that he the said James Fernon , there as left him if could come to a settlement of their business, and the said Smith , declined giving him an answer, and further saith not

Take notice that on the sixth day of June instant between the hours of nine of the clock in the forenoon, and twelve, oclock at noon of the same day we Shall attend, at the office of V in the town of St Louis , to take the depositions, or affidavits of witnesses, to be, read before the Honorable Silas , Bent Esquire, in opposition, to your application pending before him for a of and ne Great-

being duly sworn, on his oath saith that he hath, this day served, the Samule B Smith , with a copy of the notice, on the other side by delivering, the same to the said Samuel B Smith , and further saith, not

Ephraim Tour, being also duly sworn, on his oath saith that he was one of the to arbitrate between Samuel B Smith , James Fernon and John Connolly , affecting a settlement of their concerns, that as was entered into by the said parties, that and were the other two references that they proceeded with examination and had partly finished, wherein John Connolly one of the said partes took the said bond, , which he that he did so before the said arbtrators, had come to any decision that the said arbitrators did afterwards proceed on to arbitrate, and were about making it their answer, when Samuel B Smith called him the depondent, aside told him that the said Connolly , had destroyed the said writ, they the said arbitrators or references might, as well doing any thing further in as much as he the said Smith could not abide by their

Sedgwick Marble being duly sworn, on his oath saith, that he did, on tuesday or wednesday last, in a conversation, with James Fernon , the said James Fernon stated, to him that on Sunday, then next, he the said James Fernon would, be ready to start with the depondent, to leave, country and that he wished to purchase a house to with said depondent

sworn, and would rather, have the things settled, by law, that afterwards James Fernon applied, to the said arbitrator, for three, which were accordingly delivered, to him signed, by the said arbitrator,

Take notice, that on the sixth day, of June instant between the, hours of nine of the clock in the forenoon, and twelve, of the clock at noon, at the office of Joseph, J Garnier Esquire, in the town of Saint , Louis I shall take affidavit, to be read before the, Honorable Silas Bent , on the application, pending before, him for a writ, of and

being duly sworn on his oath, saith that, he has this day served James Fernon , and John Connolly , with a copy of the within notice, by leaving the, same, with them, the said James Fernon & John Connolly ,

The written notice, was left, with me by J Garnier, at about half past eight oclock

Take notice that on the Sixth day of June instant between the hours of nine of the look in the forenoon and twelve oclock at noon of the same day, we Shall attend at the office of in the Town of St Louis to take the depositions or affidavits of witnesses to be read before the honorable Silas Bent Esqr in opposition to your applicant pending before him for a writ of and me exent

That this deponent verily, believes that the goods of the said, partnership on their return, to Saint , Louis . the boat, - furs, and and other effects, after the of the voyage, are at least of the value, of four thousand five hundred dollars as you can judge from a rough, estimate, and calculation, (not having the amount of goods form & effects to to now the books of said company)- That at the time the said agreement he did not know of the intention, of said defendants not to that they, have refused to make him, satisfaction for his part of said partnership funds and property, he does verily believe, that great injustice will be done to him unless, the said defendants be, compelled to give bail :- that this deponent verily, believes that the bail aught to be in the sum, of two, thousand dollars, to secure, to him his, just proportion of said partnership goods effects, and the, proceeds thereof and the damages and costs, -:

It appearing to us the undersigned arbitrators, appointed to settle the dispute existing between Fernon Connolly, , and Smith that there is a deficit of one thousand seven hundred and sevety six dollars 326, which appears to have arisen from the two third part of the stock in trade of said firm which had been, allotted to the management of Fernon , and Smith on a division of the goods for trading purposes and as they have not exhibited to us any aid, whatever of how this deficiency has occurred We, award that each of those persons, individu-ally stand charged by the firm with his individual half of said deficiency to say Fernon , shall be charged and held indebted to the firm of Fernon, Connolly, , and Smith in the just, & full sum of Eight hundred and eighty eight dollars 16cts and Smith be charged and held indebted to the said firm in a like sum of Eight hundred and eighty eight dollars the ets which several sums will produce the deficit not accounted for. Given under our hands and seals the day and date, above written-