of the administrator of French vs E Town after being duly summoned by the sheriff so to do and also order that he pay the costs of the attachment issued against him

Now at this day come the said plaintiff by his attorney and the said defendant by Mr Spalding his attorney in fact comes and defends the wrong and injury when of and says he cannot deny thr action aforesaid of him the said plaintiff nor but that the said plaintiff hath sustained damage by reason of the nonperformance of the promises and undertakings in the declaration mentioned to the sum of Two Hundred four dollars forty four cents for which sum he confesses Judgement therefore it is considered that the said Francis M Brown recover against the said Erasmus Elliott his damages aforesaid in form aforesaid confessed and also his costs and charges by him about his suit in this behalf expended and that he have thereof execution.

Now at this day come the parties aforesaid by their respective attorneys aforesaid and neither of the parties requiring a Jury all and singular the premises are by them submitted to the court which being seen and heard and by the court here fully understoof the court defend as to the issue within joined between the parties aforesaid that the said defendant did undertake and promise in manner and form as the said plaintiff has above thereof complained against him and they assess the damage of the said plaintiff by him sustained by reason of the nonperformance of the promises and undertakings in the declaration mentioned to the sum of One Hundred and sixty seven dollars fifty two cents therefore it is considered that the said Henry Reily surviving partner of the firm of Ingram and Reiley recover against the said John Gantt his damages aforesaid in form aforesaid by the court assessed and also his costs and charges by him about his suit in this behalf expended and that he have thereof execution

This Judgement is satisfied see Execution Book 3 page 39

Now at this day come the parties aforesaid by their respective attorneys aforesaid and neither of the parties requiring a Jury all and singular the premises are by them submitted to the court which being seen and heard and by the court here fully understoof the court do find that the said defendant is guilty of the tres- -passes in the declaration mentioned in manner and form as the said plaintiff hath above thereof complained against him and they assess the damage of the said plaintiff by him sustained by reason of the trespasses in the declaration mentioned to the sum of one cent therefore it is considered that the said George Relf be liberated and entirely set free from the said Thompson H Ficklin and all persons claiming from through or under him and it is further considered that the said George Relf recover against the said Thompson H Ficklin his damages aforesaid in form aforesaid by the court assessed and also his costs and charges by him about his suit in this behalf expended and that he have thereof execution.

The plaintiff by his attorney moves the court to grant him a new trial in their case and files his reasons thereof

Now at this day come the parties aforesaid by their respective attornies aforesaid and neither of the parties requiring a Jury all and singular the premi by them submitted to the court which being seen and heard and by the court here fully understood the court do find that the said defendant did undertake and promise in manner and form as the said plaintiffs have above thereof complained against him and they assess the damage of the said plaintiff by him sustained by reason of the nonperformance of the promises and undertakings in the declaration mentioned to the sum of One Hundred and Eight dollars Eighty Nine cents therefore it is considered that the said Redick McKee Thomas S Clark and Charles D Knox recover against the said Hypolite Rolette their damages aforesaid in form aforesaid by the court assessed and also their costs and charges by them about their suit in this behalf expended and that they have thereof execution.

Louis Gosty acknowledges himself to be indebted to the State of Missouri in the sum of One Hundred dollars to be levied of this goods and chattels lands and tenements. If he shall fail in the condition and written the condition of this Recog-

Now at this day come the parties aforesaid by their respective attorneys aforesaid and neither of the parties requiring a Jury all and singular the premises are by the submitted to the court and the court sitting as a Jury doth find that on the seventeenth day of October in the year Eighteen Hundred and twenty six one David Shipman then being a resident of the State of Kentucky and owning as his slave and pofsefsingpossessing said David Shipman the plaintiff executed the following instrument of writing which embraces said David Shipman among other property enumerated therein which instrument then signed likewise by said Stephen Smith is in the following words, "this Indenture made this 17th day of October 1826 Between David Shipman of the one part and Stephen Smith of the other part WitnefsethWitnesseth that the said David Shipman for and in consideration of the sum of one dollar to him in hand paid the receipt of which he doth hereby acknowledge hath granted bargained and sold and by these presents doth convey unto the said Stephen Smith his heirs forever a tract of land in Shelby County on GuifsesGuisses Creek containing twenty six acres and upon which said Shipmans Grist and sawmill now stands also a negro man named MofsesMosses about 30 years of age, one woman named Milly 25 or 6 years old one child called David about 18 months old, Harry about 16 years, Bill about 12 or 13 years old, Sarah about 27 years olf Eliza about 15 years old, six head of Horses, one yoke of oxen & cart, ten head of cattle, thirty head of sheep, thirty head of hogs, Beds and furniture household and kitchen furniture of every kind, farming utensils & one clock To have and to hold the said land slaves & Chattels with their future increase to him the said Stephen Smith and his heirs forever and the said David Shipman covinants that he will warrant the title thereof to the said Smith and his heirs against the claim of all persons whomsoever rendered however subject to the following conditions that is to say that whereas the above named David Shipman is Indebted to the commonwealth Bank in about the sum of Eight hundred dollars for which the said Stephen Smith is bound as security and the said Shipman is also indebted to the heirs of William Cooper in about the sum of six hundred dollars for which the said Stephen is bound as Security in a replevin bond also indebted to Elijah Warner in the sum of about one hundred and twenty dollars, an execution in the name of Helm for about two hundred and forty Dollars for which sums said Stephen is also bound as security and is also indebted to the said Stephen in his own right in about the sum of two hundred & seven dollars due by note: now the lands slaves & chattels aforesaid with their future increase are hereby declared to be given in Mortgage to secure save indemmify and pay the said Stephen Smith as security and in his own right in the several sums of money herein before enumerated and mentioned and it is hereby exprefslyexpressly understood & agreed upon between the parties that said David Shipman may and is hereby permitted to retain and keep the pofsefsionpossession of said land slaves and other chattels with their future increase and to have the use thereof subject however to he lien hereby created and should said Shipman or the said Smith at any time hereafter be able to effect a sale of the land Slaves or any part thereof at their fair value and apply the proceeds thereof the payment of the liabilities & claims herein enumerated or to the discharge of a Judgement in favour of the Farmers and Mechanics bank of Shelbyville against said Shipman that in such case said Shipman and Smith will consent to said sale and make title to the property so sold in which title said Smith will release the lien hereby created witnefswitness the hands & seals of the parties the date aforesaid David Shipman Stephen Smith Shelby County Office Set. This mortgage was acknowledged before me in my office on the 17th day of October 1826 by David Shipman & Stephen Smith parties thereto be their act & deed and thereupon the same was truly Recorded Att. Ja. S Whitaker cn Shelby County Court and the court in its capacity aforesaid further says that soon after the execution of the said instrument called a mortgage said David Shipman who was then greatly embarrafsedembarrassed in his precuniary circumstances took the said David Shipman the plaintiff with several other of his slaves and secretly with intent to withdraw himself and property from said Smith and other creditors ran away with them to the State of Indiana and there in Jefferson county in said State of Indiana executed duly the deed of Emancipation herein set out and acknowledged the same before a Justice of the peace in the same State, the said David Shipman the plaintiff being present at the execution of said deed of Eman- -cipation which said deed of Emancipation includes said David Shipman as one of the persons therein named as set free and is in the words and figures following to wit: The State of Indiana Jefferson County. Be it Remembered that J David Shipman of Galitin County State of Kentucky for divers good causes me hereunto moving have and do by these presents Emancipate and release from further service to me my heirs or afsignsassigns forever my servant man MofsesMosses a Mulato aged about thirty years also his wife Milly a Mulato

lawfully conveyed or afsuredassured to any person or persons bodies politic or corporate. and said court further says that in the year one thousand seven hundred and seventy six, the convention of the State of Virginia pafsedpassed the following ordinance to wit, VI and be it further ordained that the common law of England all Statutes or acts of Parlia -ment made in aid of the common law prior to the fourth year of the reign of King James the first and which are of a general nature not local to that Kingdom together with the several acts of the General afsemblyassembly of this colony now in force, so far as the same may consist with the several ordinances, declarations and resolutions of the general convention shall be the rule of decision and shall be considered in full force until the same shall be altered by the legislative power of this colony and and said court says further that the Legislature of Kentucky pafsedpassed the following act which went into force on Nineteenth December in the year seventeen hundred ninety six : section 1. Be it Enacted by the General afsemblyassembly that no Estate of inheritance or free hold or for a term of more than five years in lands or tenements shall be conveyed from onto another, unlefsunless the conveyance be declared by writing, sealed and delivered nor shall such conveyance be good against a purchaser for a valuable consideration not having notice thereof, or any creditor, unlefsunless the same writing be acknowledged by the party or parties who shall have sealed and delivered it or be proved by three witnefseswitnesses to be his, her or their act in the office of the Clerk of this court of sppeals of a District court or in s court of quarter sefsionssessions, or county court in the manner prescribed by law, or in the manner hereinafter directed, within Eight months after the time of sealing and delivering and be lodged with the clerk of such court to be there recored. See 11, Every Estate in lands which shall hereafter be granted: conveyed or devised to one although other words heretofore necefsarynecessary to transfer an estate of inheritance, be not added, shall be devised a fee simple, if a lefsless estate be not limited by Exprefsexpress or do not appear to have been granted, conveyed or devised by construction or operation of law where an Estate hath been or shall be by any conveyance limited in remainder to the son or daughter or to the use of the son or daughter of any person to be begotten such son or daughter born after the decease of his or her father shall take the estate in the same manner as if he or she had been born in the lifetime of the father, although no estate shall have been convey to support the contingent remainder after his death sec. 12. By deed of bargain and sale or by deeds of lease and release, or by covenant to stand seized to use or deed, operating by way of covenant to stand seized to use the profsefsionpossession of the bargainor releasor or covenantor, shall be deemed heretofore to have been and hereafter to be transferred to the bargainee, releasee or person entitled to the use of the Estate or interest which such person hath or shall have in the use as perfectly as if such bargainee, releasee or person entitled to the use, had been enfeoffed with livery of sessionof the land intended to be conveyed by the said deed or covenant, and said court finds further that the Legislature of said State of Kentucky pafsedpassed the following act which went into operation in Kentucky on the thirteenth day of December in the year Eighteen hundred and twenty viz: see 4 no deed of motgage or deed of trsut hereafter made or executed for or upon any real or personal estate shall be good or valid against any creditor or a pur- -chaser for valuable consideration, without notice thereof, unlefsunless such deed shall within sixty days after its execution, upon the acknowledgement or proof thereof by two subscribing witnefseswitnesses according to the existing laws be deposited for record in the office of the county court clerk of the court where the state therein conveyed or the greater part thereof, lies - and said court sitting as aforesaid doth further find that the several acts, and clauses of acts and ordinances and constitutional provisions aforesaid went into force at the times respectively in that behalf above stated and continued in force from thence to the present time unlefsunless said acts interfere with or are repugnant to each other And the court sitting to determine the ifsueissue in form aforesaid joined not being advised whether according to the law of the land, the said ifsueissue ought to be found for the plaintiff or the defendant doth say that if upon being sufficiently advised of and concerning the premises the court shall be of opinion that the ifsueissue ought to be found for the plaintiff then the court sitting to determine the ifsueissue aforesaid doth say that defendant is guilty of the trespafsestrespasses in the Declaration mentioned in manner and form as the plaintiff hath in his declaration alleged and doth afsefsassess the damages of the plaintiff by him sustained by occasion of the premises at one cent, but if the court shall be of opinion upon such advisement that the said ifsueissue ought to be found for defendant then the court sitting to try the ifsueissue aforesaid doth find the said defendant not guilty of the said trespafsestrespasses in manner and form as the plaintiff hath complained against him.

Now at this day come the parties aforesaid by their respective attorneys aforesaid and neither of the parties requiring a Jury, all and singular the premises are by them submitted to the court, and the court sitting as Jury doth find that on the seventeenth day of October in the year Eighteen hundred and twenty six. one David Shipman then being a resident of the state of Kentucky & owning as his slave and pofsefsingpossessing said Harry Dick the plaintiff executed the following instrument of writing whcih Embraces said Harry Dick among other property enumerated therein, which instrument then signed likewise by said Stephen Smith is in the following

said court says further that in June in the year one thousand and eight Hundred the constitution of the State of Kentucky went into operation in which is the following clause vz 8.- all laws which on the first day of June one thousand seven Hundred and ninety two were in force in the State of Virginia and which are of a general nature and not to use that the state, and not repugnant to this constitution nor to the laws which have been enacted by the legislature of this commonwealth shall be in force in this state be altered or repealed by the General afsemblyassembly

which went into force on nineteenth December in the year seventeen hundred ninety six viz. section 1. Be it enacted by the General AfsemblyAssembly that no estate of inheritance or free hold or for a term of more than five years in lands or tenements shall be conveyed from one to another unlefsunless the conveyance be declared by writing sealed and delivered nor shall such conveyance be good against a purchaser for a valuable consideration not having notice thereof nor any creditor unlefsunless the same writing be acknowledged by the party or parties who shall have sealed and delivered it or be proved by threee witnefseswitnesses to be his, her or their act in the office of the clerk of the court of appeals, of a district court or in a court of quarter sefsionssessions or county court, in the manner prescribed by law or in the manner herein- after directed within Eight months after the time of sealing and delivering and be lodged with the clerk of said court to be there recorded. See 11. Every estate in lands which shall hereafter be granted conveyed or devised to one, although other words heretofore necefsarynecessary to transfer an estate of inheritance, be not added shall be deemed a fee simple if a lefsless estate be not limited by exprefsexpress words, or do not appear to have been granted, conveyed or devised by construction or operation of law. where an estate hath been or shall be by any conveyance limited in remainder to the son or daughter or to the use of the son or daughter of any person to be begotten, such son or daughter born after the decease of his or her father, shall take the estate in the same manner as if he or she had been born in the lifetime of the father, although no estate shall have been conveyed to support the contingent remainder after his death. Sec.12. By deed of bargain and sale or by deeds of lease and release or by covenant to stand signed to use or deed operating by way of covenant to stand seized to use the pofsefsionpossession of the bargainor, releasor, or covenantor shall be deemed heretofore to have been and hereafter to be transferred to the bargainee releasee or person Entitled to the use for the estate and interest which such person hath or shall have in the use as perfectly as if such bargainee, releasee or person entitled to the use, had been enfeoffed with livery of feisin of the land intended to be conveyed by the said deed or covenant and said court finds further that the legislature of said State of Kentucky pafsedpassed the following act which went into operation in Kentucky on the thirteenth day of December in the year Eighteen hundred and twenty viz: Sec.4. No deed of mortgage or deed of trust, hereafter made or executed for or upon any real or personal Estate, shall be good or valid against any creditor or a purchaser for valuable consideration without notice thereof unlefsunless such deed shall within sixty days after its execution upon the acknowledgement or proof thereof by tovo sub- -scribing witnefseswitnesses according to the existing laws, be deposited for record in the office of the county court clerk of the county where the estate therein conveyed or the greater part thereof lies and said court siting as aforesaid further find that the several acts and clauses of acts and ordinances and constitutional provisions aforesaid went into force at the times respectively in that behalf above stated and continued in force from thence to the present time unlefsunless said acts interfere with or are repugnant to each other. And the court sitting to determine the ifsueissue in form aforesaid joined not being advised whether according to the law of the land, the said ifsueissue ought to be found for the plaintiff or the defendant doth advised whether according to the law of the land, the said ifsueissue ought to be found for the plaintiff or the defendant doth say that if upon being sufficiently advised of and concerning the premises the court shall be of opinion that the ifsueissue ought to be found for the plaintiff then the court sitting to determine the ifsueissue aforesaid doth say that the defendant is guilty of the trepafses in the declaration mentioned in manner and form as the plaintiff hath in her declaration alleged and doth afsefsassess the damages of the plaintiff by him sustained by occasion of the premises at one cent, but if the court shall be of opinion upon such advisement that the said ifsueissue ought to be found for defendant then the court sitting to try the ifsueissue aforesaid doth find the said defendant not guilty of the said trespafsestrespasses in manner and form as the plaintiff hath complained against him.-

Now at this day come the parties aforesaid by their respective attorneys aforesaid and neither of the parties requiring a Jury all and singular the premises are by them submitted to the court, and the court sitting as a Jury doth find that one the seventeenth day of October in the year eighteen hundred and twenty six, one, David Shipman then being a resident of the State of Kentucky and owning as his slave and pofsefsingpossessing said William the plain- -tiff executed the following instrument of writing which embraces said William the plaintiff executed the following in- of writing which embraces said William among other property enumerated therein which instrument then signed likewise by said Stephen Smith is in the following words to wit: " this Indenture made this 17th day of October 1826 Between David Shipman of the one part and Stephen Smith of the other part witnefsethwitnesseth that the said David Shipman for and in consideration of the sum of one dollar to him in hand paid the reciept of which he doth hereby acknowledge hath granted bargained and sold and by these presents doth convey unto the said Stephen Smith and his heirs forever a tract of land in Shelby county on Creek containing twenty six acres and upon which said Shipman and mill now stands also a negro man named MofsesMosses about 30 years of age one woman named Milly 25 or 6

indictment found against him for Burning a Barn and shall not depart the court without leave then this Recognizance to be void else to remain in full force

With the assent of the Grand Jury and at the request of William Inks the said William Inks is discharged from further attendance as a Grand Juror:

Now at this day come the said plaintiff by his attorney and the said defendant although solemnly called comes not but makes default nor has he pleaded to the action aforesaid of him the said plaintiff whereby the said plaintiff remains therein undefended against him

Court adjourned until Monday morning 9 O'Clock

Monday 3rd August 1829 Court met pursuant to adjournment, present as before

Demurrer to 1st, 2nd, 3rd, 4th, 5th amended pleas filed

plea filed

plea filed

plea filed

On motion of the attorney for the plaintiff it is ordered that the said defendant be notified that an action of AfsumpsitAssumpsit damages Five Hundred dollars has been com- -menced against him by the said plaintiff that a writ of attachment has ifsuedissued against his estate and that unlefsunless he be and appear on or before the third day of the next term of this court and file special bail to the action aforesaid a Judgement will be entered against him and his said estate sold to satisfy the same and it is further ordered that a copy of this order be inserted for four weeks succefsivelysuccessively in some newspaper published in the city of St Louis and at least twenty days before the next term of this court

Vending Merchandize without licence Now at this day come again as well the circuit attorney who prosecutes for the state in this behalf as the said defendants by their attorney aforesaid and the Court now being sufficiently advised of and concerning the premises consider that the said defendants are Guilty in manner and form as in the indictment charged and the said defendants by their attorney move the court in arrest of Judgement and file their reasons therefor which motion upon mature delibe- -ration is by the court overruled therefore it is considered that the said Edward Tracy and Charles Wahren- dorff pay to the State of MissouriMissouri for the use of the county of St Louis the sum of twenty dollars as a fine for the office aforesaid and also that they pay the costs of this prosecution.

Now at this day come the said plaintiff by her attorney and the said Philip Rocheblave although solemnly called comes not but makes default nor hath he pleaded to the action aforesaid of her the said plaintiff whereby the said plaintiff remains therein unde- fended against him wherefore the said plaintiff ought to recover against the said Philip Rocheblave and the said plaintiff not requiring a Jury to afsefsassess her damages but consenting to take nominal damages the court afsefsassess the damage of the said plaintiff by her sustained by reason of the trespafstrespass

Judgement set aside see page 393

whereupon all and singular the matters aforesaid whereof the parties aforesaid have put themselves upon the Judgement of the court are by them submitted to the court which being seen and heard and by the court here fully understood and mature deliberation being thereupon had for that it appears to the court that the said plea of the said defendant by him secondly above pleaded and the matters therein contained are not sufficient in law to bar and preclude him said plaintiff from having and maintaining his aforesaid action against him said defendant nor is he bound by the law of the land to reply to the same, therefore it is considered that the demurrer to said second plea be sustained. and for that is further appears to the court that the plea of the said defendant by him thirdly above pleaded and the matters therein contained are not sufficient in law for the said defendant thereby to bar the said action of the said plaintiff therefore it is considered that the demurrer to said third plea be sustained and as to the matters aforesaid whereof the parties aforesaid have put themselves upon the county neither of the parties requiring a Jury all and singular the premises are by them submitted to the court which being seen and heard and by the Court here fully understood the court do find as to the ifueissuewithin joined between the parties aforesaid that the said plaintiff did at the sales of the public lands in in the county of Howard purchase the said two quarter sections of land in the said covenant mentioned in manner and form as the plaintiff hath above thereof in his said declaration alleged and the court afsefsassess the damage of the said plaintiff by him sustained by reason of the breach of the covenant in the declaration mentioned to the sum of seven hundred and fourteen dollars ninety one and one half cents therefore it is considered that the said John Adams recover against the said Rufus Easton his damages aforesaid in form aforesaid by the court afsefsedassessed and also his costs and charges by him about his suit in this behalf expended that he have thereof execution and the parties consent to a stay of execution until the next November term of this court

This Judgment is satisfied see Book 3 page 415

Court adjourned until to morrow morning 9 o'clock

Wednesday 19th August 1829 Court met pursuant to adjournment present as before.

George F Strother presents here to the court the petition of Patrick Henry by Maria Whiten his next friend praying that he may be permitted to institute suit against Garland Rucker to establish his right to freedom and that he may be permitted to sue as a poor person thereupon the court permits the said Patrick Henry to sue as aforesaid and directs that an action of afsaultassault and battery and false imprisonment be commenced against the said Garland Rucker in the name of the said Patrick Henry and afsignassign George F Strother Esquire as his counsel and it is ordered by the court that the said defendant permit the said Patrick Henry to have a reasonable liberty of attending his counsel and the court when occasion may requiree it and that the said Patrick Henry shall not be taken or removed out of the Jurisdiction of this court and that he shall not be subject to any severity of treatment on account of his said application for freedom.

On the affidavit of Maria Whiten filed and on motion of said Maria by her attorney it is ordered by the court that a writ of Habeas Corpus ifueissue commanding Garland Rucker to bring the said Maria Whiten and Patrick Henry her child before the court forthwith

Betting at Faro Now at this day come as well the circuit attorney who prosecutes for the state in this behalf as the said George F Strother in his own proper person who being forthwith demanded of and concerning the premises and how he will acquit himself thereof says his guilty of betting one dollar in manner and form as charged upon him in the said bill of indictment therefore it is considered by the court that the said George F Strother pay to the state of Missouri for the use of the County of St Louis the sum of six dollars as a fine for the offence aforesaid and also that he pay the costs of this prosecution.

Disorderly House Now at this come the circuit attorney who prosecutes for the state in this behalf and says he will not further prosecute the said indictment against the said Mary Bennett there-

Retailing Liquor without licence Now at this day come the Circuit who prosecutes for the state in this behalf and says he will further prosecute the said indictment against the said defendant therefore it is considered that the said Philip Taylor be acquiited and go thereof without day

Upon the Return of the Habeas Corpus in the case of Maria Whiten and Patrick Henry it is ordered by the court that the sheriff take them into custody until the said Garland Rucker enter into Recognizance as required by law and the said Maria and Patrick being present in court the sheriff takes charge of them accordingly

On motion the court appoint Isaac C McGirk Gaurdian ad liten of Robert Davis one of the Heirs of Ralph Davis deceased

On motion of the attorney for the plaintiff it is ordered by the court that the verdict and Judge- ment entered in this case on the fourth instant be set aside and a new trial printed court adjourned until Monday morning 9 O'Clock

Monday 24th August 1829 Court met pursuant to adjournment present same Judge

Conspiracy Now at this day come the Circuit attorney who prosecutes for the state in this behalf and says he will not further prosecute the said indictment against the said defendant therefore it is considered that the said Poser Rouse be acquitted and go thereof without day.

Larceny Now at this day come again as well the circuit attorney who prosecutes as aforesaid as the said Thomas Kennedy in his own proper person thereupon also come a Jury to wit. Archibald E Orme, Joseph H Siddons, Beriah Cleland, Jacob Lightner, Robert Irwin, John D Daggett Edward McDonald Gabriel P Cerre, George M Moore, Eli Waters, William Skinner and Hugh Richards twelve good and lawful men who being duly elected tried and sworn well and truly to try the ifsueissue of the traverse between the parties aforesaid on their oath aforesaid do say that the said Thomas Kennedy is guilty in manner and form as charged upon him in the said bill of Indictment that value of the property stolen is six and one fourth cents and has not been restored to the owner and the said Thomas Kennedy declaring that he is ready to receive the Judgement of the Court it is considered by the Court that the said Thomas Kennedy recieve ten lashes on his bare buck and that he stand in the Pillory fifteen minutes the sentence of the court to be carried into execution between the Hours of Ten O'clock in the forenoon and Four O'Clock in the afternoon of this day and it is further considered that the said Thomas Kennedy pay to Michel Pilette the owner of the property stolen the sum of six and one fourth cents that being the value thereof that he pay to the state of Missouri for the use of the county of St Louis the sum of twelve and one half cents as a fine for the offence aforesaid that he pay the costs of this prosecution and that he stand committed until the sentence of the court be fully complied with.

Obtaining money under false pretences Now at this day come as well the circuit attorney who prosecutes for the state in this behalf as the said Robert Page in his own proper person who being forwith demanded of and concerning the premises and how he will acquit himself thereof says he is not guilty in manner and form as charged upon him in the said bill of indictment and for his trial puts himself upon the country and the circuit attorney who prosecutes as aforesaid doth the like thereupon also come a Jury to wit. George McGuire, William R Grimsley, Frederick Billon, Gabriel C Chouteau, James Adams, Charles R Hall, Louis A Benoist, Joseph C Laveille, Archibald

E Orme, Joseph H Siddons, Jacob Lightner and Robert Irwin twelve good and lawful men who being duly elected tried and sworn well and truly to try the ifueissue of the traverse between the parties aforesaid on their oath aforesaid do say that the said Robert Page is Guilty in manner and form as charged upon him in the said bill of Indictment that the value of the property so obtained is one dollar and has been restored to the owner

John Simonds Junior United States Mashal for the District of Missouri who is personally known to the court to be the person who executed the said deed appears here in open court and acknowledges the execution of a deed from him as Marshal as aforesaid to Arthur L Magenis therein named for a certain lot of piece of ground in the city of St Louis begining at a point on a crofscross street now called Myrtte Street one hundred and fifty feet french measure west from the third main street of said city being the north west corner of a lot belonging to Regis Valseur, thence south along said Valseuns west line one hundred and twenty feet thence west one hundred fifty feet thence north to said Myrtle street one hundred and twenty feet thence east along said Myrtle street one hundred and fifty feet to the place of beginning all french measure sold as the property of Thomas H Benton by virtue of an execution in favor of the United States ifsuedissued from the clerks office of the District Court of the United States for the District of MifsouriMissouri against said Benton and Arthur L Magenis being the highest and last bidder for the same at the price and sum of sixty dollars the same was stricken off and sold to him said Arthur L Megenis

Antoine Vaillant as principal and Felix Fontaine as security acknowledge themselves to be indebted to the State of MifsouriMissouri in the sum of One Hundred dollars each to levied of their respective goods and chattels lands and Tenements. The Condition of this Recognizance is such that if the above named Antoine Vaillant shall be and appear on the first day of the next term of this court to be held at the City of St Louis within and for the county of St Louis on the fourth Monday of November next then and there to answer to an Indictment found against for keeping a disorderly house and shall not depart the court without team then this Recognizance to be void else to remain in full force.

On motion of the attorney for the defendant and by consent of parties it is ordered by the court that the Sheriff of the county advertise the said Maria and Patrick now in Jail, for hire to the highest bidder giving at least Ten days notice of the time and place of said Hiring and that he take bond from the person hiring said Maria and Patrick in the penalty of six hundred and fifty dollars and with such security as the Sheriff shall approve conditioned according to law and for their return when it shall be required by the court

For Murder Now at this day come again as well the Circuit attorney who prosecutes as aforesaid as the said William Bray in his own proper person and thereupon also come a Jury to wit; James Rundel, John Cole, William Hensley, Richard Wells, Nathan Jones, Richard Lowe, Hugh Jamison Henry Rollins, Fleming Hensley, Israel F Hail, George While and Stafford McGee twelve good and lawful men who being duly elected tried and sworn well and truly to try and true deliverance make between the state of MifsouriMissouri and William Bray the prisoner at the bar on their oath aforesaid do say that the said William Bray is not Guilty of Murder in manner and form as charged upon him in the said bill of indictment and the Jurors aforesaid upon their oath aforesaid do further say that the said William Bray is guilty of manslaughter committed upon the body of the said John Griffin

Adultery and Fornication Now at this day come again as well the circuit attorney who prosecutes as aforesaid as the said James Clark in his own proper person thereupon also come a Jury to wit: George Maguire William R Grimsley, Gabriel C Chouteau, James Adams, Joseph C Laveille, Archibald E Orme, Joseph H Siddons, Robert Irwin, Edward McDonald, Gabriel P Cerre, George M Moore and Eli Waters twelve good and lawful me who being duly elected tried and sworn well and truly to try the ifsueissue of the traverse between the parties aforesaid on their oath aforesaid do say that the said James Clark is Guilty of Adultery in manner and form as charged upon him in the first court of the said bill of Indictment and

Now at this day come the said Ann Davis by her Attorney and moves the court to dismifsdismiss this case for want of notice and it appearing to the court that no notice of the Certiorari has been given it is considered by the court that the said case be dismifseddismissed from the docket and it is further considered that the said Ann Davis recover against the said Elliott Lee her costs and charges by her about her suit in this behalf expended and that she have thereof execution

Now at this day come the said Ann Davis by her Attorney and moves the court to dismifsdismiss this case for want of notice and it appearing to the court that no notice of the Certiorari has been given, it is considered by the court that the said case be dismifseddismissed from the docket and it is further considered that the said Ann Davis recover against the said Elizabeth Dowling her costs and charges by her about her suit in this behalf expended and that she have therefor execution.

Now at this day come the said plaintiffs by their Attorney and the said defendant although solemnly called comes not but makes default nor hath he pleaded to the action aforesaid of them the said plaintiffs whereby the said plaintiffs remain therein undefended against them wherefore the said plaintiffs ought to recover but because it is unknown to the court what damage the said plaintiffs have sustained by reason of the non performance of the promises and undertakings in their declaration mentioned therefore it is commanded to the Sheriff of St Louis County that he summon twelve good and lawful men of his county that they be and appear at the next term of this court then and there to enquire what damage the said plaintiffs have sustained by reason of the premises and the same day is given to both parties. _

Alias scire facias awarded. Annulled entered in page 323

Now at this day come the said plaintiff by his attorney and the said defendant although solemnly called comes not but makes default nor hath he pleaded to the action aforesaid of him the said plaintiff whereby the said plaintiff remains herein undefended against him wherefore the said plaintiff ought to recover but because it is unknown to the court what damage the said plaintiff hath sustained by reason of the TrespafsTrespass AfsaultAssault and Battery in the declaration mentioned therefore it is commanded to the Sheriff of St Louis County that he summon twelve good and lawful men of his county that they be and appear at the next term of this court then and there to enquire what damage the said plaintiff hath sustained by reason of the premises and the same day is given to both parties.

For cause shown it is ordered by the court that the forfeiture of the Recogni- zance entered in this case on the 10th of April last for the non appearance of John Graham to answer to an Indictment for an AfsaultAssault and Battery according to the condition of said Recognizance be set aside and it is further ordered that the scire facias ifsuedissued on said Recognizance be discontinued on condition that the said John Graham and Michael Rourk pay the costs attendant thereon

For cause shown it is ordered by the Court that the forfeiture of the Recognizance entered in this case on the 10th of April last for the non appearance of John Graham to answer to an Indictment for keeping a disorderly house according to the condition of said Recognizance be set aside, and it is further ordered that the scire facias ifsuedissued on said Recognizance be discontinued on condition that the said John Graham and Michael Rourk pay the costs attending the same

Now at this day come the said plaintiff by his Attorney and the said defendant although

suit and that the said defendant go thereof without day and it is further considered that the said Joseph Throckmorton recover against the said William O'Hara, Eden Williams and John Hutchinson this costs and charges by him about his defence in this behalf expended and that he have thereof execution

Court adjourned until Monday morning 7th Instant 10 O'Clock

Monday 7th September 1829 Court met pursuant to adjournment present same Judge

Interrogatories and answer filed

allegations and Interrogatories filed

Now at this day come the said plaintiff by his attorney and says he will not further prosecute his said action against the said defendants but voluntarily suffers the same to be discontinued therefore it is considered that the said plaintiff take nothing by his said suit and that the said defendants go thereof without day and it is further considered that the said John Hines and James Peck recover against the said David Lewis their costs and charges by them about their defence in this behalf expended and that they have thereof Execution.

On motion of Philip Rocheblave by his attorney it is ordered by the court that the Judgement by default entered in this case be set aside

see page 342

Michael Legras having plead guilty to the Indictment found against him it is ordered by the court on motion of said Legras by his attorney that the forfeiture of the Recognizance entered into a said Michael Legras as principal and William Piggott as security be set aside and that the Judgement entered on said forfeiture be also set aside on the said Michael Legras paying the costs of said proceedings

see page 220 & 366

John O' Fallon, Joseph C Brown and Peter Lindell a majority of the commifsionerscommissioners appointed for making partition between said William Christy, William Chambers and Thomas Wright come into court in their own proper persons and file their return in this case and acknowledge that the same dated the twenty eighth day of august in the year of our Lord one thousand eight hundred and twenty nine was executed by them respectively under their and each of their hands and seals, said Joseph C Brown, John O'Fallon and Peter Lindell being personally known to the court to be the persons who signed the said Return as having executed the same- Thereupon and upon motion of said Christy and Wright by their attorney, no cause being shown against the Justice or regularity of said return the court doth confirm the said return and the partition therein made and it is considered by the court that the said return and partition be firm and effectual forever between the said William Christy, Thomas Wright and William Chamber and that the said William Chambers pay to the said petitioners William Christy and Thomas Wright one third of the costs and charges proceed- ings herein and that Christy and Wright have thereof Execution.

The Court audit and allow an account of Josiah Spalding amounting to twenty dollars for services as attorney in this case, also an account of E Charlefscharless and N Paschal for publication of notice amounting to Ten dollars and to Joseph C Brown one of the commifsionerscommissioners appointed by the court the sum of Four dollars fifty cents for services rendered in that capacity.

The court audit and allow an account of Thompson Douglas amounting to Eight Dollars fifty cents

Henry Morse by leave of the court files his claim of property in this case

Henry Morse by leave of the Court files his claim of property in this case

Henry Morse by leave of the Court files his claim of property in this case

Court adjourned until tomorrow morning 10 O'Clock

Court met pursuant to adjournment present as before

Declaration filed by consent of parties and plea filed thereto

Continued

plea filed

The Court doth order and direct that the Sheriff summon twenty four good and lawful men of his county to appear before the Court now in sefsionsession then and there to serve as Jurors until dischar- ged by the Court.

pleas filed

pleas filed & demurrer to 2nd plea filed

plea filed

plea filed✓

plea filed

plea filed✓

plea filed

the defendants crave oyer of the writing declared on

The defendants crave oyer of the writing declared on

Keeping Faro bank Now at this day come the Circuit Attorney who prosecutes for the State in this behalf and says he will not further prosecute the said indictment against the said defendant therefore it is considered that the said James DouglafsDouglass be acquitted and that he go thereof without day.

Now at this day come the said plaintiff by his attorney and says

he will not further prosecute his said action against the said defendant but voluntarily suffers the same to be discontinued therefore it is considered that the said Vincent take nothing by his said suit and that the said defendant go thereof without day and it is further considered that the said Jerry otherwise is called Jerry Duncan recover against the said Vincent his costs and charges by him about his defence in this behalf expended and that he have thereof execution.

Now at this day come the said plaintiff by his attorney and says he will not further prosecute his said action against the said defendant but voluntarily suffers the same to be discontinued therefore it is considered that the said plaintiff take nothing by his said suit and that the said defendant go thereof without day and it is further considered that the said Richard H Hardin recover against the said Joseph Amiss who sues for the use of Fielder Parish his costs and charges by him about his defence in this behalf expended and that He have thereof execution.

Horse Stealing Now at this day come again as well the circuit attorney who prosecutes as afore- said as the said Alexander Lasley in his own proper person and thereupon also come a Jury to wit, john A Michau William M Fugate, Eliakin Redfield, Hubert Tuion, David Lawrence, Archibald Orme, James Lyle, William H Pococke, James J Purdy, Elkanah English, John J Wright and Calvin Day twelve good and lawful men who being duly elected tried and sworn well and truly to try the ifsueissue of the traverse between the parties aforesaid on their oath aforesaid do say that the said Alexander Lasley is Guilty in manner and form as charged upon him in the said bill of indictment that the value of the Horse stolen is seventy dollars and that he has been returned to his owner, and the circuit attorney aforesaid prays the body of the said Alexander Lasley in custody which is ordered by the court, and the Sheriff being present takes charge of him accordingly

Now at this day come the said plaintiffs by their attorney and Pierre A Labeaume of the said defendants in his own proper person comes and defends the wrong and injury when he and says he cannot deny the action aforesaid of them the said plaintiffs nor but that they have sustained damage by reason of the nonperformance of the promises and undertakings in their declaration mentioned to the sum of Nine Hun- -dred and Fifty four dollars seventy six cents for which sum he confefsesconfesses Judgement

Execution avoided 429 The balance of this judgment is satisfied by P.A. Labeaume 12 Nov 1836

Court adjourned until To morrow Morning 10 O'Clock

Wednesday 25th November 1829 Court met pursuant to adjournment present as before

On motion of the attorney of the said defendant it is Ruled that a Dedimus ifsueissue to any Judge or Justice of the Peace of the State of Illinois to take the depo- -sitions of witnefseswitnesses to be read on the trial of this cause on the part of the said defendant

On motion of the attorney of the said defendant it is ruled that a Dedimus ifsueissue to any Judge or Justice of the Peace of the state of Kentucky to take the depositions of witnefseswitnesses to be read on the trial of this cause on the part of the said defendant

AfsaultAssault with intent to kill Now at this Day come again as well the circuit attorney who prosecutes as aforesaid as the said John Graham in his own proper person and thereupon also come a Jury to wit Eli Musick William Hooper, Anthony Black, Hugh Jamison, Zeno Mackay, John M Michlaw, William M Feigate Eliakin Redfield, John S Sutton, John J Wright, James Lyke and Aja Wilgus twelve good and lawful

men who being duly elected tried and sworn well and truly to try the ifsueissue of the traverse between the parties aforesaid on their oath aforesaid do say that the said John Graham is guilty in manner and form as charged upon him in the said bill of Indictment.

Suffering Faro Bank to be kept in his house Now at this day come again as well the circuit attorney who prosecutes as aforesaid as the said defendant in his own proper person and thereupon also come a Jury to wit, James Laper, William Skinner, Frederick Smith, William H Pacocke, James J Purdy, Elkanah English, Jacob Hawkin Calvin Day, Joseph Neil, Richard J Wilkinson, Samuel Mound and James Adams twelve good and lawful men who being duly elected tried and sworn well and truly to try the ifsueissue of the traverse between the parties aforesaid on their oath aforesaid do say that the said defendant is not Guilty in manner and form as charged upon him in the said bill of indictment therefore it is considered that the said Alexander Fryer be acquitted and go thereof without day.

Plea filed

Plea filed

Plea filed

Plea filed

Plea filed

Plea filed

pleas filed

Plea filed

plea filed

Larceny Now at this day come the circuit attorney who prosecutes for the state in this behalf and says he will not further prosecute the said indictment against the said defendant therefore it is considered that the said Francis Smith be acquitted and that he go thereof without day.

Larceny Now at this day come the circuit attorney who prosecutes for the State in this behalf and says he will not further prosecute the said indictment against the said defendant thereofre it is con- -sidered that the said Hypolette Tesson be acquitted and that he go thereof without day

Larceny Now at this day come the circuit attorney who prosecutes for the state in this behalf and says he will not further prosecute the said indictment against the said defendant therefore it is considered that the said Antoine Dupree be acquitted and that he go thereof without day

by leave of the court Martha Steavens is permitted to Interplead

By leave of the court Martha Steavens is permitted to Interplead

Now at this Day come the said Plaintiff by his attorney and the said defendant although solemnly called comes not but makes default nor hath he pleaded to the

alias capias awarded

Alias capias awarded

alias capias awarded

alias capias awarded

Vending Merchandize without licence Now at this day come as well the circuit attorney who prosecutes for the state in this behalf as the said Richard T. McKinney in his own proper person who being forthwith demanded of and concerning the premises and how he will acquit himself thereof says he is guilty in manner and form as charged upon him in the said bill of Indictment therefore it is considered that the said Richard T. McKinney pay to the State of Missouri for the use of the county of St Louis the sum of Twenty dollars as a fine for the offence aforesaid and also that he pay the costs of this prosecution.

Assault and Battery Now at this day comes the circuit attorney who prosecutes for the State in this behalf and says he will not further prosecute the said indictment against the said defendant therefore it is considered that the said Pelatiah Scribner be acquitted and the he go thereof without day

Shooting with Intent to kill Now at this day come the circuit attorney who prosecutes for the State in this behalf and says he will not further prosecute the said indictment against the said defendant therefore it is considered that the said John Able be acquitted and go thereof without day

pleas filed

plea filed

Pleas filed and bill for discovery filed

plea filed

plea filed

plea filed

plea filed

Retailing spiritous liquor Now at this day come as well the circuit attorney who prosecutes for the State in this behalf as the said John Markham in his own proper person and the said Circuit attorney says he will not further prosecute the second and third counts of the said bill of Indictment against the said John Markham therefore it is considered that the said John Markham be acquitted of the second and third counts of the said bill of indictment and that he go thereof without day and the said John Markham being forthwith demanded of and concerning the first count of the said bill of Indictment and how he will acquit himself thereof says he is Guilty in manner and form as charged upon him in the first count of the said bill of Indictment therefore it is considered that the said John Markham pay to the State of Missouri for the use of the County of Saint Louis the sum of One Hundred dollars as a fine for the offence aforesaid and also that he pay the costs of this prosecution. and the circuit attorney prays the body of the said John Markham in custody which is ordered by the Court and the Sheriff being present takes charge of him accordingly.

Retailing liquor without licence Now at this day come as well the circuit attorney who prosecutes for

Now at this day come the parties aforesaid by their respective attorneys aforesaid thereupon all and singular the matters whereof the parties aforesaid have put them- -selves upon the Judgement of the Court are by them submitted to the Court which being seen and heard and by the court here fully understood and mature deliberation being thereupon had, it is considered by the court that the demurrer of the said plaintiff to the bill of discovery of the said defendant be sustained and that the said defendant be precluded from having a discovery of the matters and things in said petitions set forth and for that it appears to the court that the plea of the said defendant by him fourthly above pleaded and the matters therein contained in manner and form as the same are therein contained and set forth are not sufficient in law to bar or preclude him said Thomas from having and maintaining his aforesaid action thereof against him said White and that he said Thomas is not bound by the law of the land to answer the same therefore it is considered that the demurrer of the said plaintiff to the fourth plea of the said defendant be sustained wherefore inasmuch as the said defendant hath not other- -wise answered the petition of the said plaintiff nor hitherto in any manner denied the same and the action aforesaid being founded on an instrument in writing the execution whereof is not denied and it manifestly appearing to the court that the said defendant is indebted to the said plaintiff in the sum of Two hundred and fifty four dollars seventy six cents in manner and form as the said plaintiff hath in his petition alleged and also that the said plaintiff hath sustained damage by reason of the detention of said debt to the sum of Five dollars twenty six cents therefore it is considered that the said James J Thomas recover against the Joseph White his debt aforesaid in form aforesaid by the court found to be due and also his damages aforesaid in form aforesaid by the court afsefsedassessed together with his costs and charges by him about his suit in this behalf expended and that he have thereof execution.

This Judgement is satisfied see Execution Book No 3 page 579

The defendant by his attorney moves the court to permit him to file a plea of non est factum under oath which upon mature deliberation is by the court overruled

Replications filed

Replications filed

The defendant by his attorney moves the court to grant him a new trial in this case and files his reasons therefor

Stephen W Foreman and Thomas J Miller who as personally known to the court to be the persons who subscribed the same as witnefseswitnesses thereto appear here in open court and being duly sworn prove the execution of a deed of Emancipation from Xavier Dugall and Colastic (formerly Colattie Lacroy) his wife to Eliza a woman of color aged about twenty one years and to John her son a mulatto aged nearly five years.

the court afsefsedassessed together with his costs and charges by him about this suit in this behalf expended and that he have thereof execution.-

court adjourned until to morrow morning 10 O'Clock

Tuesday 29th December 1829 Court met pursuant to adjournment present same Judge

Now at this day come the said defendant by his attorney and the said plaintiff although solemnly called comes not but makes default nor hath he prosecuted his said suit with effect, therefore it is considered that the said plaintiff take nothing by his said suit and that the said defendant go thereof without day and it is further considered that the said Jonas Newman recover against the said George F Strother his costs and charges by him about his defence in this behalf expended and that he have thereof execution

continued

plea filed

Now at this day come the said plaintiff by his attorney and says he will not further prosecute his said action against the said defendant but voluntarily suffers the same to be discontinued therefore it is considered that the said plaintiff take nothing by his said suit and that the said defendant go thereof without day and it is further considered that the said George F Strother recover against the said Robert Simpson his costs and charges bu him about his defence in this behalf expended and that he have thereof execution

see page 378

Now at this day come the said plaintiff by his attorney and the said defend in proper person withdraw his plea in this case and the most defendant says nothing in bar or preclusion of the action aforesaid of him the said plaintiff whereby the said plaintiff remains therein undefended against him wherefore the said plaintiff ought to recover against the said defendant and neither of the parties requiring a Jury all and singular the premises are by them submitted to the court which been seen and heard and by the court here fully understood the court do find that the said plaintiff hath sustained damage by reason of the breach of the covenant in the declaration mentioned to the sum of Two hundred thirty seven dollars and ninety three cents, therefore it is considered that the said William M Thompson recover against the said George F Strother his damages aforesaid in form aforesaid by the court afsefsedassessed and also his costs and charges by him about his suit in this behalf expended and that he have thereof execution

This Judgement is Satisfied see Execution Book No 3 page 62

Robert Moors as principal acknowledges himself to be endebted to the State of MifsouriMissouri in the sum of Three Hundred dollars and Alexander Moors as security acknowledges himself to be indebted to the State of MifsouriMissouri in the sum of Three Hundred dollars to be levied of their respective goods and chatters lands and tenements the condition of this Recognizance is such that if the City of Saint Louis within and for the county of St Louis on the fourth monday of March next then and there to answer to an Indictment found against him and others for a Riot afsualtassault & battery and shall not depart the court without leave then this recognizance to be void else to remain in full force.

Nelson Moore as principal and Alexander Moore as Security acknowlege themselves to be indebted to the State of MifsouriMissouri in the sum of Three hundred dollars each to be levied of their respective good and chattels, lands and tenements the condition of this recognizance is such that if the above named Nelson Moore shall be and appear on the first day of the next term of this court to be held at the city of St Louis within and for the county of St Louis on the fourth monday of March next then and there to answer to an indictment found against him for a Riot afsaultassault and battery and shall not depart the court without leave then this Recognizance to be void else to remain in full force

Rammey recover against the said Peter A Labeaume their damages aforesaid in form aforesaid by the court assessed and also their costs and charges by them about their suit in this behalf expended and that they have thereof execution.

Now at this day come the parties aforesaid by their respective attorneys aforesaid and neither of the parties requiring a Jury all and singular the premises are by them submitted to the court which being seen and heard and by the court here fully understood the court do find as to the issue joined between the parties aforesaid that the said defendant did undertake and promise in manner and form as the said plaintiff has in his declaration alleged and they assess the damage of the said plaintiff by him sustained by reason of the nonperformance of the promises and undertakings in his declaration men- tioned to the sum of one hundred and ten dollars seventy six cents therefore it is considered that the said Thomas Houghan recover against the said Patrick Hogan his damages aforesaid in form aforesaid by the court assessed and also his costs and charges by him about his suit in this behalf expended and that he have thereof execution

Satisfaction of Judgement entered page 493 of this book

Now at this day come the said plaintiffs by their attorney and say they will not further prosecute their said suit against the said defendant but voluntarily suffer the same to be discontinued therefore it is considered that the said plaintiffs take nothing by their said action and that the said defendant go thereof without day and it is further considered that the said Joseph Throckmorton recover against the said James S Lane, George Knox Jr, Lemon Parker, William P. Pilton and John D. Stothart his costs and charges by him about his defence in this behalf expended and that he have thereof execution.-

Now at this day come the said defendant by his attorney and the said plaintiff although solemnly called comes not but makes default nor hath he prosecuted his said suit with effect therefore it is considered that the said Peter take nothing by his said suit and that the said James Walton go thereof without day

It is suggested here to the court that since the commencement of this suit John D Watson one of the said defendants hath died which suggestion is not denied but admitted to be true and this suit abates as to the said John D Watson

Now at this day come the said plaintiff by his attorney and the said defendants although notified according to law comes not but make default nor have they filed special bail to the action aforesaid of him the said plaintiff and it being satisfactorily proven to the court that the order of publication made in this case has been published according to the directions of said order and the said plaintiff not requiring a Jury to assess his damages all and singular to the premises are by him submitted to the court which being seen and heard and by the court here fully understoof the court do find that the said plaintiff hath sustained damage by reason of the nonperformance of the promises and undertakings in his declara- -tion mentioned to the sum of Five Hundred and ninety three dollars ninety one cents therefore it is con- -sidered that the said Robert Layton recover against the said Samuel R Fisher and John R Burke his dama- -ges aforesaid in form aforesaid by the court assessed and also his costs and charges by him about his suit in this behalf expended and Anthony Vandeer, Wallace Dickson and Isaac Lanier who are summoned as Garnishees by the name. A, Vandeer Co having in their answer to the Interrogatories profounded to them admitted that they were indebted to the said defendants in the sum of Five Hundred dollars and upwards at the time said attachment was served on them and the said Anthony Vandeer, Wallace Dickson and Isaac Lanier although solemmly called come not but make default nor have they further answered the Interrogatories filed in this case thereofre it is considered that the said Robert Layton recover against the said Anthony Vandeer, Wallace Dickson and Isaac Lanier the sum of Five Hundred and ninety three dollars ninety one cents of their damages by them sustained by reason of the premises together with the costs & charges by them about their suits in this behalf expended

This Judgement against the Garnishees is satisfied see Execution book No 3 page 76

said bill of indictment and for her trial put herself upon the country and the circuit attorney who prosecutes as aforesaid doth the like thereupon also come a Jury to wit, Charles Dumont, Michael King John Calvert, David McCausland, Lucien Dumain, Elkanah English, Michael Daley, Philemon Hunt, Thomas R Gibson, John R Duncan, John Whitehill and Hubert Guion twelve good and lawful men who being duly elected tried and sworn well and truly to try the ifsueissue of the traverse between the parties aforesaid on their oath aforesaid do say that the said Ester is guilty in manner and form as charged upon her in the said bill of Indictment and that the property stolen has been restored to the owner it is therefore considered by the court that the said slave Ester recieve Ten lashes on her bare back between the hours of One and Four O'Clock this afternoon that the Master of the said slave Ester pay the costs of this prosecution and that the said Ester stand committed until the sentence of the court be fully complied with.

Larceny Now at this day come as well the circuit attorney who prosecutes for the State in this behalf as the said Chambers Thompson in his own proper person who being forthwith demanded of and concerning the premises and how he will acquit himself thereof says he is not guilty in manner and form as charged upon him in the said bill of indictment and for his trial finds himself upon the country and the circuit attorney who prosecutes as aforesaid doth the like whereupon also come a Jury to wit: Charles Dumont, Michael King, John Calvert, David McCaustand Lucien Dumain, Elkanah English, Michael Daley, Philemont Hunt, Thomas R Gibson, John R Duncan, Eliakin Redfield and Henry Pullian twelve good and lawful men who being duly elected tried and sworn well and truly to try the ifsueissue of the traverse between the parties aforesaid on their oath aforesaid do say that the said Chambers Thompson is Guilty in manner and form as charged upon him in the said bill of indict- -ment that the value of the property stolen is Eight dollars and has been restored to the owner.

On motion and it appearing to the court that the property attached (except the articles of furniture) is partnership property it is ordered that the Sheriff release the same

The defendant by his attorney moves the court to Grant him a new trial in this case and also moves the court to set aside the bail bond filled in this case which motions upon mature deliberation are by the court overruled

Elisha Patterson and Lewis Patterson subscribing witnesses to a deed of Emancipation from Sarah Bates to Cloc. Anderson aged about forty two years and to John Richard Anderson the son of the said Cloc aged about twelve years and who are personally known to the court to be the persons who subscribed the said deed as witnesfseswitnesses thereto appear here in court and prove the execution of said Deed and Edward Bates proves to the satisfaction of the court that the said Cloc & John are of sound mind and body

Now at this day come the parties aforesaid by their respective attorneys aforesaid and neither of the parties requiring a Jury all and singular the premises are by them submitted to the court and this court sitting as a Jury doth find that Matilda the plaintiff is a mulatto girl and was born in the Village of Prarie Du Rocher in the late North western Territory now State of Illinois in the family of Mrs. Susan Lacount alias Lacompt in the year Eighteen Hundred and seven or eight: that the plaintiffs mother was a negro woman held in Slavery in said village of Prarie DuRocher before and after the thirteenth day of July in the year one thousand seven hundred and Eighty seven, and at and after the birth of said Matilda, that said Susan Lacount was a French Inhabitant of the Village of Prairie Durocher at the time of the conquest of that country by Virginia and continued to reside in and inhabit said village of Prarie Durocher until the present time: that said Matilda was claimed and held as a slave be said Susan Lacount (the owner of plaintiffs mother) in said village, from the time of her birth till some time in the year Eighteen hundred and nineteen or

This Judgment is satisfied see Execution Book 3 page 53.

within and for the county of St Louis on the fourth monday of March next then and there to answer to an indictment found against him for keeping a Billiard Table without licence and shall not depart the court without leave then this recognizance to be void else to remain in full force

The plaintiff by his attorney files his affidavit and prays an appeal to the Supreme Court thereupon it is ordered by the court that the said appeal be granted and the record and proceedings are ordered to be certified up accordingly Peter Barada as principal and Sullivan Blood as security acknowledge themselves as indebted to the state of Missouri in the sum of one hundred and fifty dollars each to be levied of their respective goods and chattels lands and tenements. The condition of this recognizance is such that if the above named Peter Barada shall be and appear on the first day of the next term of this court to be held at the city of Saint Louis within and for the county of St Louis on the fourth monday of March next then and there to be answer to an Indictment found against him for Retailing spirituous Liquor without licence and shall not depart the court without leave then this Recognizance to be void else to remain in full force.

Court adjourned until To Morrow Morning 10 O'Clock

Friday 29th January 1830 Court met pursuant to adjournment - present as before

On motion of Mr Geyer he is permitted by the court to appear as the attorney of the said Jeffery and the said attorney files the affidavit of Rachel Camp.

Keeping a Bawdy House and ly House Pamela Hayden presents to the court her petition verified by affidavit praying for a change of venue it is therefore ordered by the court that the venue be changed to the county of Jefferson and that the clerk of this court do certify and transmit a full transcript of the record and proceedings in this case together with all papers filed in the cause and appertaining to or forming part of the Record to the Clerk of the Circuit Court for the county of Jefferson at the next term thereof Pamela Hayden a principal and John Bridges as security acknowledge themselves to be indebted to the State of Missouri in the sum of One Hundred and Fifty dollars each to be levied of their respective goods and chattels lands and tenements of the said Pamela Hayden shall fail in the condition underwritten the condition of this Recognizance is such that if the above named Pamela Hayden shall be and appear on the first day of the next term of the circuit court to be held at the Town of Herculaneum within and for the County of Jefferson on the Third Monday of March next then and there to answer to an Indictment found against her for Keeping a Bawdy House and shall not depart the said court without leave thereof then his recognizance to be void else to remain in full force

James Barry acknowledges himself to be indebted to the State of Missouri in the sum of one hundred dollars to be levied of his goods and chattels lands and tenements, the condition of this recognizance in such that if the above named James Barry shall be and appear on the first day of the next term of the Circuit Court to be held at the Town of Hereulaneum within and for the County of Jefferson on the third monday of March next then and there to testify in behalf of the State of Missouri in the case of Pamela Hayden indicted for keeping a Bawdy House and shall not depart the court without leave then this recognizance to be void else to remain in full force.

Keeping Bawdy House John Bridges presents to the court his petition verified by affidavit praying for a change of Venue, it is therefore ordered by the court that the venue be changed to the county of Jefferson and that the Clerk of this court do certify and transmit a full transcript of the Record and proceedings in this case together with all papers filed in the cause and appertaining to or forming part of the Record to the Clerk of the Circuit

-nizance is such that if Judgement shall be rendered in this case against the said Charles M Strader and James Thompson that they shall pay the condemmation money and all costs or surrender themselves in Execution or that the said George K McGunnegle will do it for them And

On motion of the attorney for the defendant it is ordered by the court that the said defendant have leave to take out attachment against John Simonds senior and Joseph A Sire, two witnefseswitnesses subnaed on the part of the said defendant said attachments to be returnable to the day of the next July term of this court for which this cause shall be set for trial

Now at this day come the said defendant by his attorney and the said plaintiff although solemnly called comes not but makes default nor hath he prosecuted his said suit with effect therefore it is considered that the said plaintiff take nothing by his said suit and that the said defendant go thereof without day and it is further considered that the said Robert Simpson recover against the said Martin Simpson his costs and charges by him about his defence in this behalf expended and that he have thereof execution

This Judgement is satisfied see Execution Book No 3 page 73

Now at this day come the said defendant by his attorney and the said plaintiff although solemn -ly called comes not but makes default nor hath he prosecuted his said action with effect therefore it is considered that the said plaintiff take nothing by his said suit and that the said defendant go thereof without day

Now at this day come the said plaintiff by his attorney and the said defendant although notified according to law comes not but makes default nor hath he filed special bail to the action aforesaid of him the said plaintiff and it being satisfactorily proven to the court that the order of publication made in this case has been published according to the directions of said order wherefore the said plaintiff ought to recover but because it is unknown to the court what damage the said plaintiff hath sustained by reason of the nonperformance of the promises and undertakings in the declaration mentioned therefore it is commanded to the Sheriff of St Louis county that he summon twelve good and lawful men of his county that they be and appear at the next term of this court then and there to enquire what damage the said plaintiff hath sustained by reason of the premises and the same day is given to both parties

continued at the costs of the Plaintiff

continued at the costs of the defendant expunged

Expunged & Entered in succeding page

Now at this day come the said plaintiff by his attorney and the said defendants although notified according to law come not but make default nor have they filed special bail to the action aforesaid of him the said plaintiff and it being satisfactorily proven to the court that the order of publication made in this case has been published according to the directions of said order and the said plaintiff not requiring a Jury to afsefsassess his damages all and singular the premises are by him submitted to the court which being seen and heard and by the court here fully understood the court do find that the said plaintiff hath sustained damage by reason of the non performance of the promises and undertakings in his declaration mentioned to the sum of One Hundred and twenty four dollars twelve cents therefore it is considered that the said John O'Rourke recover against the said John Wetherill and William Miles Foster his damages aforesaid in form aforesaid by the court afsefsedassessed and also his costs and charges by him about his suit in this behalf expended

This Judgment is Satisfied see Execution book No 3 page 69-

Now at this day come the parties aforesaid by their respective attorneys and neither of the parties requiring a Jury all and singular the matters in controversy are by them submitted to the court which being seen and heard and by the court here fully understood it is considered by the court that the Judgement of the Justice be affirmed and that the said William Queen recover against the said Francis Roderick and Charles Collins

This Judgement is satisfied see Execution book No 3 page 74

land, whereupon it is ascertained and determined by said court that the above named Heirs and legal Rep- -resentatives of said Barnabas Harris deceased are entitled to one equal half part of the land above described and that the said. Alexander Stuart is entitled to one equal half part thereof. thereupon it is considered by the court that partition of the said lands in said petition mentioned and described be made between the said parties according to their respective rights therein as above ascertained and it is hereby ordered that John C Sullivan John Hume, James H Faris, John Johnson and Daniel Sullivan, Five Respectable Freeholders resi- -dents of St Louis County aforesaid where the lands lye be and they are hereby appointed commifsionerscomissioners to make the said partition quality and quantity relatively considered according to the respective rights and interests of said parties as above ascertained and that they make report of their proceedings at the present term of this court.

Bigamy Now at this day come the circuit attorney who prosecutes for the state in this behalf and says he will not further prosecute the said indictment against the said defendant but voluntarily suffers the same to be discontinued therefore it is considered that the said Thomas Hobbs be acquitted and that he go thereof without day.

Plea of Justification filed

Interrogatories filed

the defendant by his attorney craves over of the writing declared on

On motion of the attorney for the said Plaintiffs it is ordered that the Judgement of nonsuit entered in this case be set aside

On motion it is Ruled that the plaintiff file security for costs at least thirty days before the next term of this court or that this suit will be dismifseddismissed

On motion of the attorney for the said defendant it is Ruled that a Dedimus ifsueissue to any Judge or Justice of the peace of the State of Virginia to take the depositions of witnefseswitnesses to be read in evidence on the trial of this case on the part of the defendant

On motion of the attorney for the said defendant it is Ruled that a Dedimus ifsueissue to any Judge or Justice of the peace of the State of Virginia to take the depositions of witnefseswitnesses to be read in Evidence of the trial of this cause on the part of the said defendant.

Now at this day come again the parties aforesaid by their respective attorneys aforesaid and the court now being fully advised of and concerning the premises the court do find that the said defendant is guilty of the trespafsestrespasses in the declaration mentioned in manner and form is the plaintiff hath in his declaration alleged and they afsefsassess the damages of the said plaintiff by him sustained by occasion of the premises at one cent therefore it is considered that the said Harry Dick be liberated and entirely set free from the said Stephen Smith and all persons claiming from, through or under him and it is further considered that the said Harry Dick recover against the said Stephen Smith his damages aforesaid in form aforesaid by the court afsefsedassessed and also his costs and charges by him about his suit in this behalf expended and that he have thereof Execution.-

Now at this day come again the parties aforesaid by their respective attorneys aforesaid and the the court now being fully advised of and concerning the premises the court do find that the said defendant is guilty of the trespafsestrespasses in the declaration mentioned in manner and form as the plaintiff hath in his declaration alleged and they afsefsassess the damages of the plaintiff by him sustained by occasion of the premises at one cent therefore it is considered that the said William be liberated and entirely set free from the said Stephen Smith and all persons claiming from through or under him and it is further considered that the said William