Now at this day come the said plaintiff by his attorney and the said defendants although solemnly called come not but make default nor have they pleaded to the action aforesaid of him the said plaintiff whereby the said plaintiff remains therein undefended against him whereof the said plaintiff ought to recover against them the said defendants, but because it is unknown to the court what damage the said plain- -tiff hath sustained by reason of the premises 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

Plea filed

Bill of Exceptions filed

continued

continued

Now at this day come the parties aforesaid by their respective attor- -neys aforesaid and thereupon also come a Jury to wit, Augustin Bowles, Daniel Quigley, Beriah Cleland, Robert Irwin, James McClelland, James Loper, Benjamin Walker, Wilson A Bell, James F Thomas, Jabez Warner, Isaac A Letcher and William Skinner twelve good and lawful men who being duly elected tried and sworn well and truly to try the ifsuesissues within joined between the parties aforesaid on their oath aforesaid do say as to the first ifsueissue within joined that they the said defendants are guilty of the wrongs and trespafsestrespasses above laid to their charge and every of them in manner as the said Nicholas Jones has above complained against them and as to the second ifsueissue within joined the Jurors aforesaid on their oath aforesaid do say that at the time the said wrongs and trespafsestrespasses above complained of are alleged to have been committed by the said defendants the said Nicholas Jones was not and is not a slave- and they afsefsassess the damage of the said plaintiff by him sustained by reason of the wrongs and trespafsestrespasses in his declaration mentioned to the sum of one cent therefore it is considered that the said Nicholas Jones be liberated and entirely set free from the said John H Gay and John W Henry and all persons claiming by through or under them and it is further considered that the said Nicholas Jones recover against the said John H Gay and John W Honey his damages aforesaid in form aforesaid by the Jury 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 the parties aforesaid by their respective attorneys 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 it is considered by the court that the Judgement of the Justice be affirmed and that the said Benjamin Smith and Frederick Greaff recover against the said Alanson Mead and John Kemper and Richard Wilkinson the security in the appeal bond the sum of seventy one dollars twenty cents for their debt and also the sum of Four dollars sixty cents for their damages by them sustained by reason of the detention of said debt together with their costs and charges by them about their suit before the Justice expended and also in this behalf expended and that they have thereof execution

This Judgement is satisfied see execution Book No3 page 79-

continued on account of the absence of Zachariah Witson a witnefswitness on behalf of the plaintiff and at the costs of the plaintiff

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 Whiting Johnson take nothing by his said suit and that the said defendants go thereof without day and it is further considered that the said Charles M Strader and James Thompson recover against the said Whiting Johnson their costs and charges by them about their defence in this behalf expended and that they have thereof execution.

Now at this day come the said defendant by his attorney and the said plaintiffs although solemnly called come not but make default nor have they prosecuted their said suit with effect therefore it is considered that the said plaintiffs take nothing by their said suit and that the said defendant go thereof without day and it is further considered that the said John Smith recover against the said Alexis Amelin and Margaret his wife 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 32.

Continued at the costs of the plaintiff

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 she prosecuted her said suit with effect therefore it is considered that the said Maria Whiten take nothing by her said suit and that the said Garland Rucker go thereof without day.

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 Patrick Henry take nothing by his said suit and that the said defendant go thereof without day.

The Court audit and allow an account of John Hempstead amounting to seven dollars fifty cents, an account of William Hibler amount to seven dollars and fifty cents and an account of Samuel Hibler amounting to sic dollars to be paid out of the estate of William Jamison deceased according to the several rights of the Heirs of said William for services rendered by said Samuel and William Hibler and John Hempstead as commifsionerscommissioners for the partition and sale of the real estate of said William Jamison

It is ordered by the court that a special Venue ifsueissue to the Sheriff of this county commanding him to summon Forty Eight good and lawful men to attend on Friday the twentieth day of August instant at Nine O'Clock in the morning to serve as Jurors

Now at this day come the parties aforesaid by their respective attorneys 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 it is considered by the court that the Judgement of the Justice be affirmed and that the said George White Administrator of Nathan Shotwell deceased recover against the said William Triplett and Adam Douglass and William Hanna the security in the appeal bond his said debt of Thirty five dollars twenty five cents and also the sum of one dollar ninety three cents for his damages by him sustained by reason of the detention of said debt together with his costs and charges by him about his suit before the Justice expended and also in this behalf expended and that he have thereof execution.

This Judgement is satisfied see Execution Book No 3 page 84

Monday 16th August 1830 Court met pursuant to adjournment present same Judge

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 Nathaniel Bacon Senior recover against the said Abner Blize, Administrator of John Bacon deceased his costs and charges by him about his defence in this behalf expended and that he have thereof Execution

Exception to answer of John Crawford Garnishee filed

Plea filed

Now at this day come the parties aforesaid by their respective attorneys aforesaid and thereupon also come a Jury to wit, William B. Reed, Austin J. Raines, Henry Massie Daniel Ligon, Robert Sutton, John H Reed, Jacob Rupley, Franklin Ridgely, Charles L Billon, John B Bouis, Christopher Halstead and Bazil Alexander twelve good and lawful men who being duly elected, tried and sworn well and truly to try the ifsueissue within joined between the parties aforesaid on their oath aforesaid do say that the said defendant did not undertake and promise in manner and form as the said plaintiff hath above thereof complained therefore it is considered that the said John Mullanphy take nothing by his said suit and that the said Abner Goodall go thereof without day and it is further considered that the said Abner Goodall recover against the said John Mullanphy his costs and charges by him about his defence in this behalf expended and that he have thereof execution.

On motion of the attorney for the plaintiff it is ordered that the said defendant be notified that an action of debt for Four Hundred Dollars damages Four hundred dollars has been commenced 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 his 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 Saint Louis and at least twenty days before, the next term of this court.-

On motion of the attorney for the plaintiff it is ordered that the said defendant be notified that an action of afsumpsitassumpsit damages six Hundred dollars has been commenced 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 Saint Louis and at least twenty days before the next term of this court.

On the affidavit of Nathan Cole as the next friend of William G Ferris now filed it is ordered that a writ of Habeas Corpus ifsueissue to James Deane Esquire Captain in the third Reqiment of United States

have thereof execution

Now at this day come Mr Geyer attorney for the Garnishee in this case and the said plaintiff although solemnly called comes not but makes default nor hath he prosecute his suit against the said garnishee with effect therefore it is considered that the said plaintiff take nothing by his said suit against the said garnishee and that he go thereof without day and it is further considered that the said William Hill garnishee as aforesaid recover against the said Absolem Carlisle his costs and charges by him about his defence in this behalf Expended and that he have thereof execution.

Court adjourned until To Morrow Morning 9 O'Clock

Tuesday 17th August 1830 Court met pursuant to Adjournment present as before

David Kyle the plaintiff in this case by John McCausland his attorney in fact the power of attorney from the said David Kyle to said John McCausland being produced here in court and the execution thereof proved by James Clemens Junior examined on oath having filed a bond with John McCausland as his security which bond is approved by the court it is ordered by the court that the said David Kyle have execution of his Judgment against the said John Wetherill

On motion of the said defendant by his attorney it is Ruled that a dedimus ifsueissue to any Judge or Justice of the peace of the State of Illinois to take the depositions of witnesfseswitnesses to be read on the trial of this cause on the part of the defendant.

Now at this day come the parties aforesaid by their respective attorneys aforesaid and thereupon also come a Jury to wit, John A Ackley, John F Hamtramck, John W Blair, William B Reed, Austin J Raines, Henry Massie, John H Reed, Franklin Ridgely, Charles L Billon Christopher Halstead, Bazil Alexander and John B Bouis twelve good and lawful men who being duly elected tried and sworn well and truly to try the ifsuesissues within joined between the parties aforesaid, on their oath aforesaid as to the first ifsueissue within joined between the parties aforesaid do say that the said James Duncan is not guilty of the wrongs and grievances above laid to his charge in manner and form as the said plaintiff has above in complaining alleged against him, and as to the second ifsueissue within joined between the parties aforesaid the Jurors aforesaid on their oath aforesaid do say that the said Vincent at the time of the commencement of his action aforesaid was and still is a slave, therefore it is considered that the said Vincent take nothing by his said suit and that the said James Duncan go thereof without day

It is ordered by the court that the plea filed on yesterday be stricken out Now at this day come the parties aforesaid by their respective attorneys aforesaid and thereupon also come a Jury to wit, William Renshaw William Skinner, Abjah Hull, Daniel Ligon, Robert Sutton, Jacob Rupley, George K McGunnegle James Woods, Richard Dunlavy, James Robb, Michael Reiley and James Pullen twelve good and lawfull men who being duly elected tried and sworn well and truly to try the ifsuesissues within joined between the parties aforesaid and the said plaintiffs by their said attorney move the court to strike out the plea of the said defendant of non est factum by him thirdly above pleaded which motion is sustained by the court and the said plea is stricken out accordingly and the Jurors aforesaid on their oath aforesaid as to the first ifsueissue within joined between the parties aforesaid do say that the said Joseph Robidoux

did undertake and promise in manner and form as the said William P and Timothy M Bryan the plaintiff have thereof above complained against him the said Joseph and they afsefsassess the damage of the said plaintiffs by them sustained by reason of the nonperformance of the promises and undertakings in their declaration mentioned to the sum of one thousand three hundred and eighty three dollars six cents therefore it is considered that the said William P Bryan and Timothy M Bryan surviving partners of the late firm of Schlatter and Bryan's recover against the said Joseph Robidoux their damages aforesaid in form aforesaid by the Jury afsefsedassessed and also their costs and charges by them about their suit in this behalf expended and that they have thereof execution

Court adjourned until Tomorrow Morning 9 O'Clock

Wednesday 18th August 1830 Court met pursuant to adjournment present as before

On motion of the attorney for the plaintiff it is ordered that the defendant be notified that an action of afsumpsitassumpsit damages three hundred dollars has been commenced against him by the said plaintiffs 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 Judgment 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 news -paper published in the city of St Louis and at least twenty days before the next term of this court

Judgement Book Page 243

Now at this day come Arthur L Magenis attorney of Record for the said plaintiff and acknowledges to have received full and entire satisfaction (with the exception of costs) of the Judgement obtained in this case on the twenty fourth day of March one thousand eight hundred and twenty nine for the sum of one thousand dollars, debt and twenty three dollars eighty three cents damages for the detention of said debt.

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 William Christy 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

Satisfied see Execution Book No 3 page 85

The court impose a fine of Two dollars each on Michael Reily, Isaac Dyer, George K McGunnegle and Edward McDonald for not attending as Jurors after being summoned by the Sheriff so to do

On motion of Elkhanah English it is ordered by the court that he be discharged from the Recognizance entered into by him for the appearance of Peter a slave of Allen C Tanner

It is ordered by the court that a special Venue ifsueissue to the Sheriff of this county commanding him to summon thirty good and lawful men to attend on Friday the twenty seventh instant at Nine O'Clock in the morning to serve as Jurors

The plaintiff by his attorney files his affidavit and prays an appeal to the supreme court of this state.

Friday 27th August 1830 Court met pursuant to adjournment - present as before.

Additional court filed by leave of the court and Replication filed

The plaintiff in this suit having filed in the office of the Clerk of this court a trans- -cript of a Judgement before V Garnier Esq a Justice of the peace for the Township and County of St Louis shewing that an execution has ifsuedissued on said Judgement which had been returned that not goods or chattels or body of said defendant found in said township on motion of said John McDonald by Mr. Darby his attorney it is ordered that the said John McDonald have leave to take out at execution from the office of said clerk directed to the County of Gasconade-

This Judgement is satisfied see Execution book No 3 page 84

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 sub- -mitted to the court which being seen and heard and by the court here fully understood the court do find as to the first ifsueissue within joined between the parties aforesaid that the said defendant did undertake and promise in manner and form as the said plaintiff hath above thereof complained against him, and as to the second ifsueissue within joined between the parties aforesaid the court do find that the said defendant did not pay to the said plaintiff the said several sums of money in the declaration mentioned in manner and form as the said defendant hath in his said plea alleged and they afsefsassess the damage of the said plaintiff by him sustained by reason of the nonperformance of the promises and undertakings in his declaration mentioned to the sum of Two Hundred and Fifty dollars Eighty Eight cents therefore it is considered that the said David J Talbot recover against the said Philip McGovern 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.

Continued by consent

continued

On the petition of John Kelly by Mr. Strother his attorney it is ordered by the court that a writ of Habeas Corpus issue to the Sheriff or keeper of the Jail of the County of Saint Louis commanding him to have the body of the said John Kelly before the court at Five O'Clock this afternoon -whereupon and upon return of the said writ the said John Kelly being here present in Court on debate of the matter and upon mature deliberation it is ordered by the court that the said John Kelly be forthwith discharged from his arrest and imprisonment which is done

Mr Bates attorney for the petitioners suggests here to the court that since the filing of the petition in this case Elias Stover one of the heirs of Elias Metz deceased hath died and the said petitioners by leave of the court withdraw their petition aforesaid

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 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 and it is further considered that the said David S Garland recover against the said Dougal Ferguson his costs and charges by him about his defence in this behalf expended and that he have thereof execution

and the said defendants in their own proper persons come and defend the wrong and injury when and say they cannot deny the action aforesaid of him the said plaintiff nor but that they do owe the said plaintiff the sum of Three Hundred and two dollars ninety cents as the said plaintiff hath in his petition set forth for which sum they confefsconfess Judgment, therefore it is considered that the said Charles Wahrendorff Administrator of the estate of James McGunnegle deceased recover against the said Hugh Miller and Stephen Hancock his debt 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

John McCausland appears here in Court and files his affidavit setting forth that on the Eighteenth day of January One thousand Eight hundred and twenty eight he appeared in open court and declared on oath that it was bona fide his Intention to become a citizen of the United States of America and that it appears that no entry of his having done so, it was made on the Records of this Court, and the Court being satisfied that such declaration was made by said McCausland according to law at the time and place aforesaid as in said affidavit stated- It is ordered that said entry be made nine pro tune

Tuesday 15th January 1828

John McCausland a Native of Ireland aged about twenty five years appears here in open court and declares upon oath that it is bona fide his intention to become a citizen of the United States of America and to Renounce forever all allegiance to every Foreign prince state or Sovereignty what- -soever and particularly to George the Fourth King of Great Britain and Ireland whereof he is at present a subject.

Be it Remembered that on this twenty ninth day of March in the Year of our Lord one thousand Eight hundred and thirty one John McCausland a Native of Ireland and born a Subject of the King of Great Britain appeared in open court and proved to the satisfaction of the court that he has resided in the United States for Five years and within the State of Missouri for more than one Year immediately pre- -ceding this application and of his having taken the preparatory steps required by the laws of the United States concerning the Naturalization of Foreigners and prays to be admitted a citizen of the United States of America and the said John McCausland declaring upon oath that it is bona fide his intention to become a citizen of the United States of America and to renounce all allegiance to every Foreign prince potentate having proved to the court by John K Walker and Sulivan Blood that such have been his intentions for three years next preceeding this application and on taking the oath in open court to support the constitution of the United States and renouncing all allegiance and fidelity to every Foreign prince power state of Sove- -reignty whatever and particularly to William the fourth King of Great Britain and the court moreover, being satisfied of the good moral character of the said John McCausland and of his attachment to the Con- -stitution of the United States and well disposed to the good order and happiness of the same he is therefore admitted a citizen of the United States of America. This Entry is Expunged

This Entry is Expunged

It is ordered by the court that the Sheriff of the County of Saint Louis take pofsefsionpossession of Vincent the petitioner in this case and hire him out to the best advantage from time to time during the pendency of this suit and that he take a bond from the person hiring said petitioner in the penalty of Five hundred dollars conditioned that the said Vincent shall at all times during the pendency of this suit have reasonable liberty of attending his counsel and that the said petitioner shall not be 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.

Cumberland James, Elisha Patterson and John Patterson three of the Commif -sioners appointed by the court to make sale of certain Real Estate belonging to the

George D Shaw presents the petition of Dunky a woman of color praying that she may be permitted to institute a suit against Andrew Hay for establishing her right to freedom and that she may be permitted to sue as a poor person, thereupon the court permit the said Dunky to sue as aforesaid and direct an action of afsaultassault and Batter and false imprisonment to be brought in the name of the said Dunky and afsignassign George D Shaw and Stephen W Foreman as her counsel, and it is ordered by the court that the said Andrew Hay permit the said petitioner to have a reasonable liberty of attending her counsel and the court when occasion may require it and that the said petitioner shall not be taken or removed out of the Jurisdiction of this court or be subject to any severity of treatment on account of her said application for freedom

Further answer of Julius Vairin Garnishee in this case filed Now at this day come again the said plaintiff by his attorney and the said Julius Vairin one of the Garnishees in this case having by his answer admitted that he is indebted to the said William A Beard in the sum of Eighty dollars twenty three cents subject to this attachment therefore it is considered that the said John Salmon recover against the said Julius Vairain Garnishee as aforesaid the said sum of Eighty dollars twenty three cents and the court allow to the said Julius Vairain the sum of Five dollars twenty five cents as compensation for his trouble and the expence attending his answering in this case

Court adjourned until to morrowtomorrow morning 10 O'Clock

Court met pursuant to adjournment present same Judge

George F Strother presents the petition of Mariquette a woman of color praying that she may be permitted to institute suit against Samuel McKinney for establishing her right to freedom and that she may be permitted to sue as a poor person, thereupon the court permit the said Mariquette to sue as aforesaid and direct that an action of AfsaultAssault and Battery and False imprisonment be brought in the name of the said Mariquette and afsignassign George F Strother as her counsel and it is ordered by the court that the said Samuel McKinney permit the said Mariquette to have a reasonable liberty of attending her counsel and the court when occasion may require it and that the said petitioner shall not be taken or removed out of the Jurisdiction of this court or be subject to any severity of treatment on account of her said application for freedom.-

Now at this day come the said Mary P Ledue by his attorney and the said Peter A Labeaume and Elizabeth his wife although solemnly called come not but make default nor have they answered the petition of the said plaintiff whereby the siad plaintiff remains therein undefended against him wherefore the said plaintiff ought to recover and it appearing to the court that there is in arrear and unpaid on the said mortgage the sum of Fifteen Hundred and Thirty eight dollars, and that there is also in arrear and unpaid the sum of Two Hundred and thirty six dollars sixty eight cents for interest thereon up to this date, it is thereupon ordered by the court that the said mortgaged premises to wit, "all that certain tract piece or parcel of land, situated lying & being about three miles westwardly of the city of St Louis in the prairie near a place called Brilliante-Con-

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 consi- -dered that the said Joseph Navaless alias L'espagnol recover against the said William Rice 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 plaintiffs although solemnly called come not but make default nor have they prosecuted their said suit with effect therefore it is considered that the said plaintiffs take nothing by their said suit and that the said defendant go thereof without day and it is further considered that the said Joseph Navaless alias L'Espagnol recover against the said William Rice and Sarah Rice his costs and charges by him about his defence in this behalf expended and that he have thereof execution-

continued at the costs of the Plaintiff

Continued at the costs of the plaintiff

continued at the costs of the plaintiff

Continued on the affidavit of the defendants and at their costs

continued on the affidavit of the defendants and at their costs

It is ordered by the court that this case be dismisfeddismissed from the docket

Upon the filing of the affidavit of Arthur L Magenis Esquire an attorney and Coun- -sellor of this court stating that on Wednesday the thirteenth instant while in this Court and acting as counsel for the defendants in the case of S.W. Foreman vs. Keernle & Brooks Stephen W Foreman the plaintiff in said suit who is an attorney of this court addrefsedaddressed this affiant and said you are a scoundrel, you are a coward, which words as affiant believes were several times repeated by said Foreman in the hearing of other individuals then and there present that this affiant made no reply to this language nor was he addressing himself to said Foreman at the time said expressions were uttered that this affiant then made known to the Court the abusive epithets used by said Foreman and that after having so done said Foreman observed he had used the language imputed to him and would stand by it or words to that effect, this affiant further states that all this language was used in presence of the court and during the trial of said cause. Therefore it is Ruled that the said Stephen W Foreman Esquire an attorney and counsel- -lor of this court shew cause on Saturday next the Sixteenth instead why an attachment should not ifsueissue against him for a contempt of Court in using abusive and insulting language to a member of the Bar in an under voice whilst the said attorney was engaged in the management of a suit then pending before the court to wit on the thirteenth day of April instant

continued at the costs of the Plaintiff

On motion of the said plaintiffs by their attorney it is ordered that the said Oliver Hudson be notified that an action of afsumpsitassumpsit Damages one thousand dollars has been commenced against him by the said plaintiffs who sue for the use of William Hill, that a writ of attachment has ifsuedissued against his estate and that unflefsunless he be and appear at the next July term of this court and plead to the action aforesaid according to law a Judgment 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 July term of this court.

The defendant by his attorney moves the court to grant him a new trial in this case and files his reasons therefor which motion upon mature deli- -beration is by the court overruled

The plaintiff by his attorney moves the court to grant him a new trial in this case and files his reasons therefor which motion upon mature deliberation is by the court overruled

The defendants by their attorney move the court to grant them a new trial in this case and file their reasons therefor which motion upon mature deliberations is by the Court overruled

Now at this day come the parties aforesaid by their respective attorneys aforesaid and thereupon all and singular the matters whereof the parties aforesaid have put themselves upon the Judgment of the court are by them submitted to the court which being seen and heard and by the court here fully understood and mature delibera- -tion being thereupon had for that it appears to the court that the said plea of said defendant secondly above pleaded and the matters therein contained in manner and form as they are therein contained in manner and form as they are therein pleaded and set forth are not sufficient in law for the said defendant to bar and preclude him said plaintiff from having and maintain- -ing his aforesaid action against him nor is he bound by the law of the land to answer the same therefore it is considered that the demurrer of the said plaintiff to the second plea of the said defendant be sustained

Stephen Lanham and John Hempstead two of the commifsionerscommissioners ap- -pointed by the court to make partition among the Heirs and to Admeasure the Dower of the widow of the said Richard appear and file and acknowledge their report

Upon a Rule to show cause Upon the Return of the Rule granted against Stephen W Foreman to shew cause this day why an attachment should not ifsueissue against him for a contempt of court as in said Rule let out, the said Stephen appearss by W Bates his counsel and waives the filing of Interroga- -tories to be by him answered and by his counsel aforesaid for cause why an attachment should not ifsueissue represents to the court that the said Arthur L Magenis was the aggrefsoraggressor and provoked him to use the language set out in said Rule - but the court being of opinion that the said Stephen W Foreman is in contempt the said Stephen W Foreman prays to be allowed to purge said contempt upon oath and he is accordingly admitted so to do and upon his oath denies any intention

of bringing the court into contempt or of misbehaving in the presence of the court but the court not deeming the explanation aforesaid sufficient do order and adjudge that the said Stephen W Foreman do pay to the State of MifsouriMissouri for the use of the County of Saint Louis the sum of Five dollars as a fine for the offence aforesaid and also the costs of this Rule

It appearing to the court that in the entry of the Report of the commif-commis- sioners made on the Twenty fifth day of November Eighteen Hundred and twenty nine, the Tract of land sold to Jaques Chauvin was entered as having been sold for Four Hundred and seventy five dollars whereas it was actually sold for but Four hundred and twenty Five dol- -lars and was so stated in said commifsionerscommissioners report it is therefore ordered by the court that the entry made as aforesaid be corrected so as to shew that the land sold as aforesaid was sold by the commifsionerscommissioners aforesaid for the said sum of Four Hundred and twenty five dollars

Court adjourned until Monday morning 10 O'Clock

Monday 18th April 1831 Court met pursuant to adjournment present same Judge

covenant On motion of the attorney for the defendant leave is given him to file a plea of payment which is done.

AfsumpsitAssumpsit Continued at the costs of the plaintiff

continued at the costs of the plaintiff

The Court impose a Fine of one dollar on Michael McLaughlin for not attending as a witnefswitness in the case of Louis Dezercy & Julie Labadie after having been duly summoned so to do and also order that he pay the costs of the attachment ifsuedissued against him.

Now at this day come the said State of MifsouriMissouri by McGamble the circuit attorney and says that the said plaintiff will not further prosecute the said suit against the said defendant but voluntarily suffers the same to be discontinued therefore it is considered that the State of MifsouriMissouri who sues to the use of the University take nothing by the said suit and that the said defendant go thereof without day.

Interrogatories to Garnishees filed

Interrogatories to Garnishees filed

It is suggested here to the court that since the last continuance of this cause the said Joe the said plaintiff hath died which suggestion is not denied but

court here fully understood the court do find as to the ifsueissue within joined between the parties aforesaid that the said Hezekiah C Simmons and Jonas Newman did afsumeassume and promise in manner and form as they the said plaintiffs have above thereof complained against them the said Simmons and Newman and they afsefsassess the damage of the said plaintiffs by them sustained by reason of the non performance and twenty dollars thirty three cents, therefore it is considered that the said Thomas Barnell and James T Ivers recover against the said Hezekiah C Simmons and Jonas Newman their damages aforesaid in form aforesaid by the court afsefsedassessed and also their costs and charges by them about their suit in this behalf expended and that they have thereof Execution

The Court impose a fine of one dollar on William Risley for not attending punctually on the Jury at the adjourned Hour of the Court

Now at this day come the said plaintiff by his attorney and says he will not further prosecute his said suit against the said James Duncan but voluntarily suffers the said action so far as regards the said James Duncan to be discontinued therefore it is considered that the said Ralph take nothing by his said suit against the said James and that he go thereof without day.-

It is ordered by the court that Ralph the plaintiff in this case be delivered by the Sheriff to James Duncan or to Coleman Duncan on their or either of them entering into Recognizance with sufficient security in the sum of six Hundred dollars conditioned that the said Ralph the petitioner shall at all times during the pen- -dency of this suit have reasonable liberty of attending his counsel and that the said Ralph shall not be removed out of the Jurisdiction of this court and that He shall not be subjected to any severity of treatment because of his application for freedom

Now at this day come the parties aforesaid by their respective attorneys afore- -said 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 ifsueissue within joined between the parties aforesaid that he said Gabriel did undertake and promise in manner and form as the said plaintiff hath above thereof complained against him and they afsefsassess the damage of the said plaintiff by him sustained by reason of the non performance of the promises and undertakings in the declaration men -tioned to the sum of One Hundred and ninety one dollars thirty cents, therefore it is considered that the said William Frye recover against the said Gabriel Paul 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 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 ifsueissue within joined between the parties aforesaid that the said John Clark did undertake and promise in manner and form as the said plaintiff have in declaring alleged against him and they afsefsassess the damage of the said plaintiffs by them sustained by reason of the non performance of the promises and undertakings in their decla- -ration mentioned to the sum of One Hundred and Eighty three dollars twenty nine cents

Saturday 23rd April 1831 Court met pursuant to adjournment present same Judge

Replication and Demurrer Filed

The defendant by his attorney appears and moves the court to set aside the Judgment entered in this case for Irregularity which motion upon mature deliberation is by the court overruled

Replications Filed

Replication Filed

Interrogatories filed

Interrogatories filed

Interrogatories filed

Answers of William R Grimsley and Abraham Fox Garnishee filed

On motion of Charles Collins it is ordered by the court that the surplufssurpluss money raised on the sale of the property sold by virtue of the execution ifsuedissued in this case be paid over to the said Charles Collins

The plaintiff by his attorney moves the court to set aside the order dismifsingdismissing this suit for want of security for costs and for leave to file a bond for costs now which motion upon mature deliberation is by the court overruled

On motion of the plaintiff by his attorney leave is given him to amend his declaration in this case which is done

Now at this day come the said plaintiff by his attorney and says he will not further prosecute his said suit 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 John C Wilson recover against the said Leonard Jacobs 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 parties aforesaid by their respective attorneys aforesaid and thereupon all and singular the matters aforesaid whereof the parties aforesaid have put themselves upon the Judgment 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 James Gonsols and the matters therein contained in manner and form as the same are above pleaded and set forth are not sufficient in law to bar or preclude them said David and John from having or maintaining their aforesaid action thereof against said James and

in this case and files his reasons therefor

The plaintiff in this case having heretofore filed a bond with security as required by law which was approved of by the court it is ordered by the court that the said John Salmon have execution of his Judgment against Julius Vairin the Garnishee in this case

Arthur L Magenis attorney for the plaintiffs appears here in court and acknowledges to have received of the said defendants the sum of Five Hundred and Five dollars Eighty three cents in part satisfaction of the Judgment obtained in favor of the said plaintiffs on the twenty fourth day of August last- being the amount stated by James S Lane one of the defendants in his petition to the Judge of this court in vacation to stay proceedings upon the execution ifsuedissued upon the Judgment aforesaid it is thereof ordered by the court that the order of the Judge in vacation staying the proceedings upon the execution aforesaid be set aside as to the residue of said Judgment.

On motion of the attorney for the plaintiff it is ordered by the court that this cause be reinstated on the docket, and leave is given him to amend his petition by making Augustus Jones Administrator of Thomas Brady deceased a party in said suit which is done

Now at this day come the said petitioners by their attorney aforesaid and the said Rene Paul and Eulalie his wife, Gabriel Paul and Louise his wife Auguste Chouteau and Gabriel Chouteau not having appeared or answered said petition are now solemnly called and come not but make default, and the said petitioners pray the court to give Judgment of partition - whereupon it is ascertained and determined by said Court that the said parties are interested in lands, tenements and heridaments in the petition mentioned and described in the following manner that is to say that said Emilie Smith (married to Thomas F Smith) Henry Chouteau, Edward Chouteau, Eulalie Paul (married to Rene Paul) Louise Paul (married to Gabriel Paul) Auguste Chouteau and Gabriel Chouteau are each entitled to one seventh part thereof, therefore it is considered by the court that partition be made of the said lands tenements and Hereditaments in said petition mentioned and described among the said parties according to their respective rights therein as above ascertained and it is hereby ordered that John O'Fallon, Henry Von Phul, Charles Wahrendarff, James Clemens Junior and Joseph C Brown, Five respectable Householders residents of Saint Louis County where the said lands lye be and the same are hereby appointed commifsionerscommissioners to make the said partition quantily and guality relatively considered according to the respective rights and interests of said parties as above ascer- tained and that they make report of their proceedings as the next July term of this court.-

Petition for partition Now at this day come into court here Mary P Ledue, Joseph C Brown, Edward Tracy, David B Hill and George Morton the commifsionerscommissioners heretofore appointed and qualified to make partition of certain lands and tenements in the petition of Archibald Gamble mentioned between the said Archibald Gamble and Aaron Daniel and file and acknowledge their report as follows to wit; We the Undersigned CommifsionersCommissioners appointed by the circuit court of St Louis County on the ninth day

On motion of the plaintiff by his attorney leave is given him to amend his declaration in this case

Bill of Exceptions Filed

Now at this day come the said plaintiff by Mr Spalding his attorney and here in court freely remits to the said defendant the sum of Two Thousand seven hundred and seventeen dollars twenty nine cents part and parcel of the damages recovered in this case therefore it is considered that the said defendant be acquitted and discharged from the said sum so as aforesaid remitted

James Duncan as principal and Robert Duncan as security acknowledge themselves to be indebted to the State of Missouri in the sum of Six Hundred Dollars each to be levied of their respective goods and chattels lands and tenements if the said James Duncan shall fail in the condition underwritten the condition of this Recognizance is such that whereas Ralph a man of color has instituted suit in this court against the said James Duncan impleaded with Coleman Duncan to establish his freedom, now if the said Ralph shall at all times during the pendency of said suit have reasonable liberty of attending his counsel that he shall not be removed out of the Jurisdiction of this court nor be subjected to any severity of treatment because of his application for freedom then this Recognizance to be void otherwise to remain in full force

Robert Wash presents a petition to the court praying that the present Sheriff of this county be directed to execute to him a deed for two lots of ground situated in that part of or addition to St Louis laid off by Chouteau and Lucas and known on the plot of said addition as lots No 93 and 94 and are the same whereon Thomas McGuire then lived, which said lots were sold by the then Sheriff of the County of Saint Louis on the twenty second day of October in the year Eighteen Hundred and twenty three by virtue and under an execution ifsuedissued from the office of the clerk of the St Louis circuit court in favor of David Logan which said Execution was ifsuedissued on a Judgment recovered in said Court in favor of the said David Logan against said Thomas McGuire at which said sale by the Sheriff aforesaid said Robert Wash being the highest and last bidder for the same at the price and sum of ten dollars he became and was the purchaser of said two lots of ground as appears by the return of the said Sheriff made on said Execution and it also appearing that no deed has yet been made for the same and it being satisfactorily shewn to the Court that the purchase money for said lots has been duly paid it is therefore ordered by the court that the present Sheriff of the County of St Louis

west of the mill tract so called and occupied by a black Smith's shop and an enclosure and contain- -ing one half of an acre of ground part of the premises in the declaration mentioned and every part thereof in manner and form as the said plaintiff has above thereof complained against them and they afsefsassess the damage of the said plaintiff by him sustained by reason of the TrespafsTrespass and Eject- -ment aforesaid at the sum of six cents therefore it is considered that the said Thomas Wright recover against the said Ames Hill and Martin Thomas their damages aforesaid in form aforesaid by the Jury afsefsedassessed and also their costs and charges by him about his suit in this behalf ex -pended and that he have thereof execution and the said plaintiff by his attorney prays the writ of the State of MifsouriMissouri to cause him to have profsefsionpossession of the premises aforesaid which is granted accordingly

Court adjourned until To morrow morning 9 O'Clock

Wednesday 10th Augsust 1831 Court met pursuant to adjournment present same Judge

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 ifsueissue within joined between the parties aforesaid that the said John H Hayward is not guilty of the said grievances above laid to his charge in manner and form as the said Robert Rodgers has complained against him 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 John H Hayward recover against the said Robert Rodgers his costs and charges by him about his defence in this behalf expended and that he have thereof execution

Pleas filed

Allegations & Interrogatories filed

Allegations & Interrogatories filed

Pleas filed

Bill of Exceptions filed

Oswald Sturdy a Native of Ireland aged Thirty six years appears here in open court and declares upon oath that it is bona fide his intention to become a citizen of the United States of America and to renounce forever all allegiance and fidelity to every Foreign prince, power, State or Sovereignty whatsoever and particu- -larly to William the Fourth King of Great Britain & Ireland whereof he is at present a subject

Now at this day come the parties aforesaid by their respective attorneys aforesaid and thereupon also come a Jury to wit, Daniel Miller, Charles Bufseron, Merit Hicks, Hugh Richards, Levi Benjamin, John H Reed, William R Grimsley, Hubert Guion, George A Underhill Christian Kienlen, George W Chapman and James Wilgus twelve good and lawful men who being duly elected tried and sworn well and truly to try the ifsueissue within Joined between the parties aforesaid on their oath aforesaid do say that the said David G Bates is Guilty of the wrongs and trespafsestrespasses above

laid to his charge in manner and form as the said William Henry has above in declaring alleged against him and they afsefsassess the damage of the said plaintiff by him sustained by reason of the wrongs and trespafsestrespasses in the declaration mentioned to the sum of one cent therefore it is considered that the said William Henry be liberated and entirely set free from the said David G Bates and all persons claiming from through or under him and it is further considered that the said William Henry recover against the said David G Bates his costs and charges by him about his suit in this behalf expended and that he have thereof execution

Court adjourned until To morrow morning 9 O'clock

Thursday 11th August 1831 Court met pursuant to adjournment present same Judge

Demurrer & Replications filed

alias writ awarded

Stander Pleas, and Demurrer to Second Plea filed

On motion of the plaintiff by his attorney leave is given him to take from the files the note filed in this case on his leaving a copy thereof

On motion of the attorney for the 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 in evidence on the trial of this cause on the part of the defendant

Now at this day come the said plaintiff by his attorney and the said defendants although solemnly called come not but make default nor have they pleaded to the action aforesaid of him the said plaintiff whereby the said plaintiff remains therein 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 non performence of the promises and undertakings in the declaration mentioned therefore it is commanded to the Sheriff of Saint Louis County that he summon twelve good and lawful men of his county that they be and appear at the next November 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 the said defendant

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 therein undefen- -ded 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 non performance of the promises and undertakings in the declaration mentioned therefore it is commanded to the Sheriff of Saint Louis County that he summon twelve good and lawful men of his county that they be and appear at the next Novemeber 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 the said defendant.

reason of the non performance of the promises and undertakings in the declaration mentioned to the sum of Four Hundred and forty six dollars sixty three cents therefore it is considered that the said Richard Drean who sues for the use of Fryer and Anderson recover against the said John P Reily Administrator of Henry Reily deceased 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 against the goods and chattels lands and tenements which were of the said Henry Reily deceased at the time of his death in the hands of his said Administrator to be Admin- istered-

Now at this day come the said appellant in his own proper person and the said Israel Barret although solemnly called comes not but makes default nor hath he prosecuted his suit in this behalf with effect therefore it is considered by the court that the Judg- ment of the Justice be reversed and for nought held and esteemed that the said appellee take nothing by his said suit and that the said appellant go thereof without day and it is further considered that the said George D Shaw recover against the said Israel Barret his costs and charges by him about his defence before the Justice expended and also about his appeal in this behalf expended and that he have thereof execution

Now at this day come the said defendants by their attorney and the said plaintiff although solemnly called comes not but makes default nor hath he prosecuted his suit in this behalf with effect therefore it is considered by the court that the Judg- -ment of the Justice be reversed and for nought held and esteemed that the said plaintiff take nothing by his said suit and that the said defendants go thereof without day and it is further con- -sidered that the said Joseph Lemare and John Lemare recover against the said Seraphim Benoist their costs and charges by them about their defence before the Justice expended and also about their appeal in this behalf expended and that they have thereof execution.-

Now at this day come the said appellant in His own proper person and the said appellee although solemnly called comes not but make default nor hath he prosecuted his suit in this behalf with effect therefore it is considered by the court that the Judgment of the Justice be reversed and for nought held and esteemed that the said appellee take nothing by his said suit and that the said appellant go thereof without day and it is further con- -sidered that the said Dominique Catereno recover against the said Richard W Hamilton his costs and charges by him about his defence before the Justice expended and also about his appeal in this behalf expended and that he have thereof execution

Now at this day come the said appellant by his attorney and the said appellee although solemnly called comes not but makes default nor hath he prosecuted his said suit with effect therefore it is considered by the court that the Judgment of the Justice be reversed and for nought held and esteemed that the said appellee take nothing by his said suit and that the said appellant go thereof without day and it is further considered that the said Edward Melley recover against the said Francis Dyon his costs and charges by him about his defence before the Justice expended and also about his appeal in this behalf expended and that he have thereof execution.

On motion of the said plaintiff by her attorney leave is given her to amend her declaration by making Charles Wahrendorff a defendant which is done and pleas filed

plaintiff take nothing by his said suit and that the said defendants go thereof without day and it is further considered that the said Stephen Hancock, Adam Bates and Thomas J Ferguson recover against the said John Livergood their costs and charges by them about their defence in this behalf expended and that they have thereof Execution

Now at this day come the said defendant by his attorney and the said plaint- -iff 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

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 ifsueissue within joined between the parties aforesaid that the said defendant did undertake and promise in manner and form as the plaintiff hath above thereof complained against him and they afsefsassess the damage of the said plaintiff by him sustained by reason of the non performance of the promises and undertakings in the declaration mentioned to the sum of Three Hundred and Eighty two dollars thirty seven cents therefore it is considered that the said James Clemens Jr. recover against the said James Loper 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 the parties aforesaid by their respective attorneys aforesaid and neither of the parties requring 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 first ifsueissue within joined between the parties aforesaid that the said defendant did undertake and promise in manner and form as the plaintiff hath thereof alleged against him, and as to the second ifsueissue within joined between the parties aforesaid the court do find that he the said defendant did not well and truly pay to him the said plain- -tiff the several sums of money in the declaration mentioned as he the said defendant mentioned as he the said defendant hath in his said second plea alleged and they afsefsassess the damage of the said plaintiff by him sustained by reason of the non performance of the promises and undertakings in the declaration mentioned to the sum of Eighty three dollars fifty two cents therefore it is considered that the said John F Hamitramck recover against the said John Calvert 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 John H Fergu- -son one of the Garnishees in this case although solemnly called comes not but makes default nor hath he answered the interrogatories filed by the plaintiff in this case therefore it is considered that the said John F Hamtramck recover against the said John H Ferguson Garnishee as aforesaid the sum of Eighty three dollars fifty two cents for his damages aforesaid and also his costs and charges by him about his suit in this behalf expended- and Isaac Dyer one of the Garnishees in this case although solemnly called comes not but makes default nor hath he answered the interrogatories filed by the plaintiff in this case therefore it is considered that the said John F Hamtramck recover against the said Isaac Dyer Garnishee as aforesaid the sum of Eighty three dollars fifty two cents for his damges aforesaid and also his costs and charges by him about his suit in this behalf expended.

Now at this day come the parties aforesaid by their respective attorneys attorneyes aforesaid and neither of the parties requiring a Jury all and singular the premises are by

On Rule to shew cause why an attachment should not ifsueissue The defendant by his counsel enters his appearance and prays that Interrogatories may be exhibited for him to answer in this behalf and the court direct that the same be filed by the circuit attorney.

The defendant by his attorney moves the court to set aside the Judgment by default entered in this case at the last March Term of this court which motion upon mature deliberation is by the court overruled

The defendants by W Strother their attorney move the court to set aside the Judgment rendered against them in favor of the said plaintiff which motion upon mature deliberation is by the court overruled.

The defendants by their attorney move the court ro set aside the Report of the referees in this case and upon mature deliberations it is ordered by the court that the said report be set aside- and this cause continued

The plaintiffs by their attorney move the court to grant them a new Trial in this case and file their reasons therefor which motion upon mature delibe -ration is by the court overruled

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 amended court of the said plaintiffs declaration whereby the said plaintiff remains therein 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 by reason of the non performance of the promises and undertakings in the amended court of said plaintiffs declaration mentioned therefore it is commanded to the Sheriff of the County of Saint Louis that he summon twelve good and lawful men of his county that they be and appear at the next November term of this court then and to En -quire what damage the said plaintiff hath sustained by reason of the premises and the same day is given to the said defendant

This Judgment is set aside see page 196

Court adjourned until Monday morning next 9 O'Clock

Monday 22nd August 1835 Court met pursuant to adjournment present same Judge

Bill of Exceptions Filed

Bill of Exceptions filed

The parties appear by their attorneys and this cause is continued

Samuel McKee a Native of Ireland aged about forty years appears here in open court and declares upon oath that it is bona fide his intention to become a citizen of the United States of America and to renounce forever all allegiance and fidelity to every Foreign prince, power, State or Sovereignty what-

The defendants by their attorney move the court to grant them a New Trial in this case and file their reasons therefor which motion upon mature deliberations is by the court sustained and it is ordered by the court that the Judgment heretofore entered in this case be set aside and a new trial granted

See page 165

The plaintiff by his attorney moves the court to grant him a new trial in this case and files his reasons therefor which motion upon mature deliberation is by the court sustained and it is ordered by the court that the Judgment entered in this case be set aside and a new trial granted

See page 173

The plaintiff by his attorney moves the court to set aside the Judgment of nonsuit in this case and files his reasons therefor which motion upon mature deliberation is by the court overruled

The plaintiff by his attorney moves the court to set aside the Judgment of non Juros in this case and for leave to file a Replication which motion upon mature deliberation is by the court overruled

The plaintiff by his attorney files an affidavit shewing the situation of the property attached in this case and it appearing to the court that the said property is in a perish- -able condition, the court doth order that the property attached be sold at auction by the Sheriff of the County of Saint Louis- on a credit of Six months, that he take bond and security for the payment of the purchase money, and that he give at least ten days notice of the time, place and terms of said sale as required by law

Arend Rutgers the plaintiff by McGeyer his attorney moves the court to award an Execution in this case to the County of Saint Charles, and for cause shewn it is ordered that the said plaintiff have leave to take out an Execution as prayed for

On motion of the plaintiff by his attorney and it appearing to the Court that the property attached in this case is in a perishable condition the court doth order that the property attached be sold at auction by the Sheriff of the county of Saint Louis on a credit of Six months that he take bond and security for the payment of the purchase money and that he give notice of the time terms and place of sale, as required by law.

On motion of the plaintiffs by their attorney and it appearing to the court that the property attached in this case is in a perishable condition the court doth order that the property attached be sold at auction by the Sheriff of the County of Saint Louis on a credit of Six months, that he take bond and security for the payment of the purchase money and that he give notice of the time terms and place of said sale as required by law

Mary P Ledue, Edward Charlefs and Hubert Guion commifsionerscommissioners appoin- -ted by the court to make partition of a certain tract of land containing forty arpens situated in the County of Saint Louis bounded on the south by lands of Thomas Biddle on the East by Federal avenue so called, and on the north by land claimed by Alfred Skinner

Jury in this case and of the defendant to grant him a new trial are by the court continued Court adjourned until Court in Course

State of Missouri set At a circuit court begun and held at the City of St Louis within and for the county of Saint Louis in the third Judicial Circuit of the State of Missouri on the Fourth Monday of November being the twenty eighth day of said Month in the Year of our Lord One thousand eight Hundred and thirty one were present the Honorable William C Carr Judge of the third Judicial Circuit of the State of Missouri, John K Walker Esquire Sheriff of the County of Saint Louis and Archibald Gamble Clerk

Pleas and Replications and Demurrer to Second plea filed

Pleas filed

pleas 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 discharged by the Court

Plea filed

On motion of the defendant by his attorney it is Ruled that a Dedimus ifsueissue to any Judge or Justice of the peace of the State of Illinois to take the depositions of witnefseswitnesses to be read in evidence on the trial of this cause on the part of the defendant

On motion of the attorney for the defendant it is ordered that a Venire ifsueissue to the Sheriff of this County commanding him to summon twenty four good and lawful men of his county to attend as Jurors on the second day of December next al the hour of ten O'Clock in the forenoon

On motion of the Plaintiff by his attorney it is ordered that a Venire ifsueissue to the Sheriff Commanding him to summon eighteen good and lawful men of his county to attend and serve as Jurors on the fifth day of December next at the hour of Ten O'Clock in the forenoon of that day

Now at this day come the said plaintiff by his attorney and the said defen- -dant 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 therein undefended against him wherefore the said plaintiff ought to recover and this action being founded on an instrument in writing and it appearing to the court that the said defedant is indebted to the said plaintiff in the sum of Six Hundred and twenty one dollars ninety five cents as he the said plaintiff hath in his petition alleged and that the said plaintiff hath sustained damage by reason of the detention of said debt to the sum of twenty four dollars sixty five cents there- -fore it is considered that the said Thomas C Price recover against the said James Bailey his debt afore- said in form aforesaid found to be due and also his damages aforesaid in form aforesaid afsefsedassessed together with 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 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 therein undefended against him wherefore the said plaintiff ought to recover and this action being founded on an instrument in writing and it manifestly appearing to the court that the said defen- -dant is indebted to the said plaintiff in the sum of One Hundred and fifty dollars and that the said plaintiff hath sustained damage by reason of the detention of said debt to the sum of Ninety cents therefore it is considered that the said Thomas S Whiteside recover against the said Alexan- -der Donaldson his debt aforesaid in form aforesaid found to be due and also 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 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 him the said plaintiff whereby the said plaintiff re- -mains therein undefended against him wherefore the said plaintiff ought to recover and this action being founded on an instrument in writing and it manifestly appearing to the court that the said defendant is indebted to the said plaintiffs in the sum of One Hundred and Forty two dollars three six cents as they the said plaintiffs have in their petition alleged therefore it is considered that the said Alfred Skinner and William Skinner recover against the said James C Lynch their debt aforesaid in form aforesaid by the court found to be due 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 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 therein undefended against him wherefore the said plaintiff ought to recover, and this action being founded on an instrument in writing and it manifestly appearing to the court that the said defendant is indebted to the said plaintiff in the sum of One Hundred and one dollars thirteen cents as the said plaintiff hath in his petition alleged and that the said plaintiff hath sustained damage by reason of the detention of said debt to the sum of Three dollars seventy five cents therefore it is considered that the said William Padfield recover against the said James Loper his debt afore- -said in form aforesaid by the court found to be due and also his damages aforesaid in form aforesaid afsefsedassessed together with his costs and charges by him about his suit in this behalf expended and

Claim of property filed by George H Morgan

Plea filed

Now at this day come the parties aforesaid by their respective attorneys aforesaid and thereupon also come a Jury to wit John Carman, James H Farris, John Bingham, Walter H Dorsett, Harris Downey, Solomon King, Henry Duval, Fielding Phelps, Peter Mullen, William Wash, Isaac Stoner and Benjamin Lacy twelve good and lawful men who being duly elected tried and sworn well and truly to try the ifsuesissues within joined between the parties aforesaid on their oath aforesaid do say as to the first ifsueissue within joined between the parties aforesaid that the said defendant is not guilty of the wrongs and trespafsestrespasses above laid to his charge in manner and form as the said Ralph has above in declaring complained against him and as to the second ifsueissue within joined between the parties aforesaid the Jurors aforesaid on their oath aforesaid do say that at the time of the committing of the said supposed trespafsestrespasses the said Ralph was and still is a slave and thereupon the said plaintiff by his attorney aforesaid moves the court do grant him a new trial in this case

Court adjourned until monday 5th Instant 10 O'Clock Forenoon

Monday 5th December 1831 Court did not meet to day on account of the Inclemency of the weather

Tuesday 6th December 1831 Court adjourned by virtue of an order from the Judge directed to the Sheriff until Monday 12th instant which said order is as follows - "You will be pleased to adjourn the court till monday have abated- At my Chambers, Tuesday 6 Dec 1831 Will C Carr To the Sheriff of St Louis County"

Monday 12th December 1831 On this day the court is adjourned until Monday the Nineteenth of December instant by virtue of an order from the Judge thereof directed to the sheriff of this county which said order is as follow, "You will adjourn the court till Monday the 19th instant It being out of my power to hold it present from sicknefssickness- Will C Carr- Monday 12 Dec 1831 Sheriff of St Louis County"-

Monday 19th December 1831 Court met pursuant to adjournment present same Judge

On motion of the plaintiff it is ordered that he have leave to take from the files the note on which this action is founded on his leaving a copy thereof.

Attachment on Execution The said plaintiff having filed his interrogatories to be answered by David Martin Garnishee summoned upon execution against Aaron Bennett the said David Martin appears and by his answer admits that some time last Spring on summer on settlement between said Gar

This Judgment is satisfied See Execution book No 3 page 129

may require it and that the said Vina the plaintiff shall not be taken or removed out of the Jurisdiction of this court and that the shall not be subject to any severity of treatment on account of her said application for freedom and the court do further order that the Sheriff of the county of Saint Louis in whose custody the said vina now is do hire out the said Vina to the best advantage from time to time during the pendency of this suit and that he take a bond from the person hiring said petitioner conditioned according to law

On motion of the plaintiff by her attorney it is ordered by the court that the Sheriff of the county of Saint Louis in whose custody now is do hire out the said Louisa to the best advantage from time to time during the pendency of this suit and that he take bond from the person hiring said petitioner conditioned according to law

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 therein 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 nonperformance of the promises and undertakings in his declaration men- -tioned therefore it is commanded to the Sheriff of the county of Saint Louis that he summon twelve good and lawful men of his county that they be and appear at the next March 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 the said defendant

On motion of the Plaintiff by his attorney it is ordered that a survey of the premises in dispute be made by the county surveyor showing the different pretensions of the claimants and the true situation of the property as appears to him and that he make five copies of said survey

On motion of the Plaintiff by his attorney it is ordered that a survey of the promises in dispute be made by the county surveyor shewing the different pretensions of the claimants and the true situation of the property as appears to him and that he made five copies of said survey

On motion of the plaintiff by his attorney it is ordered that a survey of the premises in dispute be made by the county surveyor, shewing the different pretensions of the clam- -ants and the true situation of the property as appears to him, and that he make five copies of said survey

On motion of the plaintiff by his attorney it is ordered that a survey of the promises in dispute be made by the county surveyor shewing the different pretensions of the claimants and the true situation of the property as appears to him, and that he make five copies of said survey

Now at this day come the said plaintiff by his attorney and says he will not further prosecute his writ of certiorare in this case but voluntarily suffers the same to be discontinued therefore it is considered that the said plaintiff take nothing by his said writ and that the said defendants go thereof without day and it is further considered that the said Stewart McKee, Joseph Bates and Robert Catheart recover against the said Samuel McKee their costs and charges by them about their suit before the Justices expended and also about their

Sellick B Andrews be notified that an action of afsumpsitassumpsit damages One Hundred and fifty dollars has been commenced against him by the said Eli Mintoni that a writ of attachment has ifsuedissued against his estate and that unlefsunless he be and appear at the next March term of this court and plead to the action aforesaid according to law a Judgment 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 March term of this court.

Court adjourned until To Morrow morning 10 O'Clock

Thursday 22nd December 1831 Court met pursuant to adjournment present same Judge

Replication filed

Replication filed

the defendant moves the court to grant him a new trial in this cause for reasons filed therefor which motion upon mature deliberation is by the court overruled

The defendants by their attorney move the court to grant them a new trial in this case for reasons filed therefor which motion upon mature deliberation is by the court overruled: therefore it is considered that the said Henry Shaw recover against the said John D Daggett and Enoch Price his damages aforesaid in form aforesaid by the Jury afsefsedassessed and also his costs and charges by him about his suit in this behalf expended and that he have thereof execution- Bill of Exception filed

This Judgment is satisfied see Execution Book No 3 page 199

Now at this day come again the parties aforesaid by their respective attorneys aforesaid and thereupon on mature deliberation the motion for a new trial in this case is by the court overruled therefore it is considered that the said Plaintiff take nothing by his said suit and that the said defendant go thereof without day and the said plaintiff files his bill of Exceptions and also files his affidavit and prays an appeal to the Supreme Court which is granted and the Record and proceedings are ordered to be certified up accordingly

Now at this day come the said plaintiff by their attorney and the said defen- dant although solemmly called comes not but makes default not 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 the County of St Louis that he summon twelve good and lawful men of his county that they be and appear at the next March term of this court then and enquire what damage the said plaintiffs have sustained by reason of the premises and the same day is given to the said defendant

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 therein undefended against him wherefore the said plaintiff ought to recover but because it is unknown to the court what

Tuesday 10th April 1932 Court met pursuant to adjournment present as before

Now at this day come the parties aforesaid by their respective attorneys aforesaid and thereupon also come a Jury to wit, Samuel Vecock, Horatio N Cross, Michael Rourke, Michael Tesson, Henry B Berry, Thomas J Jones, David Coons, Samuel Carlisle, Enoch C Price, Arthur L Johnson Charles Collins and Charles Busserson twelve good and lawful men who being duly elected tried and sworn well and truly to try the ifsuesissues within joined between the parties aforesaid on their oath aforesaid do say as to the first ifsueissue within joined between the parties aforesaid that he the said James Duncan is not guilty of the wrongs and grievances above laid to his charge in manner and form as the said plaintiff has above in complaining alleged against him and as to the second ifsueissue within joined between the parties aforesaid the Jurors aforesaid on their oath aforesaid do say that the said Vincent at the time of the com- -mencement of his action aforesaid was and still is a slave therefore it is considered that the said Vincent take nothing by his said suit and that the said James Duncan go thereof without day.

Replications filed

Replications filed

continued on the affidavit of the defendant and at his costs

Replications filed

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 therein undefended against him wherefore the said plaintiff ought to recover 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 nonperformance of the promises and undertakings in his declaration mentioned to the sum of one hundred and eighty two dollars twelve cents therefore it is considered that the said Oliver Akin recover against the said George A Underhill 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

Now at this day come the said plaintiffs by their attorney and the said Wilson A Bell the defendant in this case upon whom procefsprocess was served although solemnly called comes not but makes default nor hath he answered the petition of the said plaintiffs whereby the said plaintiffs remain therein undefended against them wherefore the said plaintiffs ought to recover and it appearing to the court that there is in arrear and unpaid on the said mortgage the sum of Seventeen thousand five hundred and forty six dollars and sixty nine cents, and that there is also in arrear and unpaid the sum of Elevin thousand and forty two dollars sixty nine cents for interest therein up to this date which said sums the said petitioners are entitled to recover it is thereupon ordered by the court that the said mortgaged premises to wit: all that certain tract or parcel of land lying in said County of St Louis containing one hundred and four arpents and a half arpent being part of the common fields of the big prairie originally granted to Guillaume Biget & the widow Hebert Counded northwardly

expended and also about his appeal in this behalf expended and that he have thereof execution-annulled-

Replication filed

Plea filed

Interrogatories filed

Replication to Interpleader filed

Continued at the instance of the plaintiff

Now at this day come the plaintiffs by their attorney and say they will not further prosecute their said action against the said defendants but voluntarily suffer the same to be discontinued therefore it is considered that the said plaintiffs take nothing by their said suit and that the said defendants go thereof without day and it is further considered that the said William L Long, Eli Musick and Nancy his wife late Nancy Long, and Isabella L Mackay late Isabella L Long, recover against the said Nancy Richardson Executris Amos Richardson and Richard Richardson Executors of Daniel Richardson deceased their costs and charges by them about their defence in this behalf expended and that they have thereof Execution against the goods and chattels lands and tenements which were of the said Daniel Richardson deceased at the time of his death in the hands of his said Executors to be administered

Now at this day come the said plaintiff by his attorney who 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 nonperformance of the promises and undertakings in his declaration mentioned to the sum of One Hundred and ten dollars therefore it is considered that the said Harvey Beyeau recover against the said John B Mousette 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

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 ifsueissue within joined between the parties aforesaid that the said Isham B Sexton is guilty of the said trespass in the said declaration mentioned in manner and form as the said plaintiff hath above thereof in declaring alleged as to three mefsuagesmessuages three barns, three stables forty acres of meadow land, forty acres of arable land, forty acres of woodland, and forty acres of other land all situate lying and being in the county of Saint Louis and the said plaintiff consenting to take nominal damages the court afsefsassess the damage of the said plaintiff by him sustained by reason of the trespafstrespass and ejectment in the declaration mentioned to the sum of one cent therefore it is considered that the said Lefrenier J Chauvin recover against the said Isham B Sexton 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 - and the said plaintiff prays the writ of the State to cause him to have pofsefsionpossession of the premises afore- said which is granted

This Judgment is satisfied see Execution book No 3 page 143

Court met pursuant to Adjournment present same Judge

Continued by consent

Continued by consent

Pleas and Replications filed

Plea filed

On motion of the plaintiff by his attorney leave is given him to amend his declaration by filing additional counts

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 suit in this behalf 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 defendant by her attorney and the said plaintiffs although solemnly called come not but make default nor have they prosecuted their suit in this behalf with effect therefore it is considered that the said plaintiffs take nothing by their said suit and that the said defendant go thereof without day and it is further considered that the said Rosalie M Saugrain recover against the said Pierre A Le Tour and and Marie his wife Her costs and charges by her about her defence in this behalf expended and that she have thereof execution

Court adjourned until Monday morning next the 23rd instant 9 O'Clock

Court met pursuant to Adjournment present same Judge.

Joinder in demurrer to 2nd 12th & 16th Replications and Demurrer to 5th 13th 14th & 17th Rejoinders filed

Now at this day come the parties foresaid 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 Judgment of the Justice be reversed and for nought held and esteemed that the said plaintiff take nothing by her said suit and recover against the said Harriett Parmely Administratrix of Sylvanus Parmely deceased his costs and charges by him about his defence before the Justice expended and also about his appeal in this behalf expended and that he have thereof execution against the goods and chattels lands and tenements which were of the said Sylvanus Parmely deceased at the time of his death in the hands of his said Admin- istratrix to be administered

On motion of the attorney for the plaintiff it is ruled that a dedimus ifsueissue to any

Judge or Justice of the peace of the district of Columbia to take the depositions of witnefseswitnesses to be read in Evidence on the trial of this cause on the part of the plaintiff

Now at this day come the said plaintiff by his attorney and the said defendant in his own proper person and the parties aforesaid consenting that the Judgment on this be affirmed therefore it is considered by the court that the Judgment of the Justice be affirmed and that the said Thomas M clark recover against the said George F Strother and Colburn the security in the appeal bond the sum of ninety dollars for this debt and also the sum of six dollars nineteen and one half cents for his damages by him sustained by reason of the detention of said debt together with his costs and charges by him about his suit before the Justice Expen- -ded and also in this behalf expended and that he have thereof Execution and the parties consent to a Stay of execution until the first day of June next

Now at this day come the said defendants by their attorney and the said Plaintiff although solemnly called comes not but makes default nor hath he prosecuted his suit in this behalf with effect therefore it is considered by the court that the Judgment of the Justice be reversed and for nought held and esteemed 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 Gantt and Jefferson Blackwell recover against the said Hiram Nicholson their costs and charges by them about their defence before the Justice expended and also about their appeal in this behalf expended and that they have thereof execution

On motion of the plaintiff by his attorney it is ordered that a survey of the premises in dispute be made by the county surveyor shewing the different pretensions of the claimants and the true situation of the property as appears to him and that he make five copies of said survey.-

On motion of the plaintiff by his attorney it is ordered that a survey of the premises in dispute be made by the county Surveyor shewing the different pretensions of the claimants and the true situation of the property as appears to him and that he make five copies of said survey.-

it is ordered by the court that this suit be dismifseddismissed from the docket at the costs of the defendant

On motion of the defendants by their attorney it is ruled that the said plaintiff do file security for costs at least thirty days before the next July term of this court

On motion of C H Davis one of the defendants by his attorney it is ordered by the court that a summons ifsueissue to the said James Lakenan requiring him to appear and shew cause why a severance should not be awarded and the said Charles H Davis be permitted to defend alone

continued

Now at this day come the said plaintiff by his attorney who not requring a Jury to afsefsassess his damages all and singular the premises are by him

Assumpsits

On mature deliberation it is considered by the court that the motion for a new Trial in this case be sustained that the Verdict of the Jury be set aside and a new trial granted on condition that the said defendant do pay the costs incurred in this case at this term.-

The defendant by his attorney moves the court to set aside the finding and Judgment in this case and to grant him a new Trial and files his reasons therefor which motion upon mature deliberation is by the court overruled

The plaintiffs by their attorney move the court to set aside the Judgment of non suit entered in this case and file their reasons therefor which motion upon mature deliberation is by the court overruled- Bill of Exceptions filed

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 within joined between the parties aforesaid that he the said defendant did undertake and promise in manner and form as the said plaintiffs have above in declaring alleged against him and they assess the damage of the said plaintiffs by them sustained by reason of the nonperformance of the promises and undertakings in their declaration mentioned to the sum of Three Hundred and Eighty nine dollars ninety one cents therefore it is considered that the said George Carlisle and John Mason recover against the said Abraham Fox their damages aforesaid in form aforesaid by the court assessed together with their costs and charges by them about their suit in this behalf expended and that they have thereof execution- Bill of Exceptions filed-

Now at this day come the parties aforesaid by their respective attorneys aforesaid and thereupon all and singular the matters aforesaid whereof the parties afore- -said have put themselves upon the Judgment of the court are by them submitted to the court which being seen and heard and by the court here fully understood for that it appears to the court that the third plea of the said defendant by him above pleaded and the matters and things therein con- -tained in manner and form as the same are therein stated and set forth are not sufficient in law to bar and preclude the said plaintiff from maintaining his said action against the defendant therefore it is considered that the demurrer of the said plaintiff to the third plea of the said defend- -ant be sustained

On motion of the defendant by his attorney it is ruled that further proceedings in this case be stayed until the said plaintiffs shall have furnished a bill of particulars as heretofore ordered

The plaintiffs by their attorney move the court to grant them a new trial in this case and file their reasons therefor which motion upon mature deliberations by the court overruled

The plaintiff by his attorney moves the court to grant him a New Trial in this case and files his reasons therefor which motion upon mature deliberation is by the court overruled- Bill of Exceptions filed-

Matthias McGirk the plaintiff in this case files his affidavit and prays an appeal to the Supreme Court and thereupon the said Matthias McGirk

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 suit in this behalf with effect therefore it is considered by the court that the Judgment of the Justice be reversed and for nought held and esteemed 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 Patrick Carnes recover against the said Pleasant W Rose his costs and charges by him about his defence before the Justice expended and also about his appeal in this behalf expended and that he have thereof execution.

James Bailey an Insolvent debtor appears here in court and having heretofore proven to the court the publications of notice as required by law and there being no allegations filed against him he is by the court finally discharged under the Insolvent laws of this state and exempted from arrest or imprisonment by virtue of or for any debt, contract, covenant, promise or agreement due from or contracted, or entered into by him individually or Jointly with any other person before his application to the Justice of the County Court for his discharge which appears by the papers returned in this case to have been on the seventeenth day of November one thousand eight hundred and thirty one

Bill of Exceptions filed

On mature deliberation it is considered by the court that the motion of the said defendant made at the last November term of this court to Quash the execution ifsuedissued in this case be overruled.-

Now at this day come again the parties aforesaid by their respective attorneys aforesaid and upon mature deliberation thereupon had it considered by the court that the motion of the said defendant in arrest of Judgment be overruled therefore it is considered that the said David Lawrence recover against the said John Mullanphy his damages aforesaid in form aforesaid by the Jury afsefsedassessed and also his costs and charges by him about his suit in this behalf expended and that he have thereof execution

The defendant by his attorney moves the court to grant him a new trial in this case and files his reasons therefor which motion upon mature deliberation is by the court overruled.

The plaintiff by his attorney moves the court to set aside the Judgment of non suit entered in this case and files his reasons therefor which motion upon mature deliberation is by the court overruled

John K Walker Sheriff of the County of Saint Louis personally appears here in open Court and acknowledges the Execution of a deed from his as Sheriff as aforesaid to John McCausland therein named for a lot of Ground in the City of St Louis in Block Fifty five fronting eastwardly sixty feet on Church on second Main Street and running back three hundred feet to third street bounded east by second or church street North by lots of Francis Boucher and Joseph Jovial West by third street and South by almond street sold by virtue of an Execution ifsuedissued from the Clerks office of the Circuit Court for the County of Saint Louis in favor of David Kayle and John McCausland against James Gunsols- and John McCausland being the highest and last bidder for the same as the price and sum of Twenty dollars the same was stricken off and sold to said John McCausland

Mary P Leduc and Rene Paul subscribing witnefseswitnesses to a deed of Emancipation executed by There- Cere Chouteau to Lucile therein named and who are personally known to the Judge of this Court to be

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 suit in this behalf with effect therefore it is considered by the court that the Judgment of the Justice be reversed and for nought held and esteemed 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 Dennis Marks recover against the said Mark Moss his costs and charges by him about his defence before the Justice expended and also about his appeal in this behalf expended and that he have there -of 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 suit in this behalf with effect therefore it is considered by the court that the Judgment of the Justice be reversed and for nought held and esteemed 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 Carsner recover against the said John Lemonde his costs and charges by him about his defence before the Justice expend- -ed and also about his defence in this behalf expended and that he have thereof execution

The plaintiff by his attorney files his affidavit in this case and prays an appeal to the Supreme Court of this state whereupon it is ordered by the court that the appeal be granted and that the Record and proceedings be certified up accordingly

Now at this day come the said plaintiff by their attorney and the said James Bailey 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 against the said defendant and the said plaintiffs not requiring a Jury to afsefsassess their damages 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 that the said plaintiffs have sustained damage by reason of the nonperformance of the promises and undertakings in their declaration mentioned to the sum of Sixteen hundred and ninety seven dollars twenty three cents therefore it is considered that the said Caleb Cope and Matthew C Cope recover against the said James Baily their damages aforsaid in form aforesaid by the court afsefsedassessed together with 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 said defendant by his attorney and the said plaintiffs although solemnly called comes not but make default nor have they prosecuted their wit in this behalf with effect therefore it is considered that the Judgment of the Justice be reversed and for nought held and esteemed that the said plaintiffs take nothing by their said suit and that the said defendant go thereof without day and it is further considered that the said Richard L Head recover against the said Jacob Roth and Louis Martin his costs and charges by him about his defence before the Justice expended and also about his appeal in this behalf expended and that he have thereof execution

Now at this day come the said plaintiff by his attorney and the said defendants although solemnly called come not but make default nor have they pleaded to the action aforesaid of him the said plaintiff whereby the said plaintiff remains therein undefended against him wherefore the said plaintiff ought to recover but because it is unknown to the court

continued

Continued

continued

continued

continued

continued at the costs of the Plaintiff

continued

continued

continued

continued

continued

continued

continued

continued

continued

continued on application for plaintiff

answer of Joshua B Brant filed

Now at this day come the said plaintiffs by their attorney and say they will not further prosecute their said action against the said defendants but voluntarily suffer the same to be discontinued therefore it is considered that the said plaintiffs take nothing by their said suit and that the said defendants go thereof without day and it is further considered that the said James Baily, Samuel B Bailey and Jeremiah Baily recover against the said John Finney, William Finney and Joseph Tabor their costs and charges by them about their defence in this behalf expended and that they have thereof execution.

Now at this day come the said plaintiff by his attorney and says he will not further prosecute his suit in this behalf 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 Oliver Dubois recover against the said Charles Collins 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 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 ifsueissue within joined between the parties aforesaid that he the said Pierre A Labeaume did undertake and promise in manner and form as the said Simmons the plaintiff hath above

Court adjourned until To Morrow morning 9 O'Clock

Saturday 5th May 1832 Court met pursuant to adjournment present same Judge

The defendant by her attorney moves the court to grant her a new Trial in this case and files her reasons therefor which motion upon mature deliberation is by the court overruled

The defendant by her attorney moves the court to grant her a new Trial in this case and files her reasons therefor which motion upon mature deliberation is by the court overruled

it is ordered by the court that the appeal in this case be docketed and that the said plaintiff & appellant give notice of said appeal as required by law previous to the next July term of this court

Edward Bates esquire attorney of Record for the plaintiff in this case appears here in open court and acknowledges to have recieved full and entire satisfaction of the Judgment rendered against the said defendants in favor of said plaintiff on the thirtieth day of March, One thousand eight hundred and thirty one

Surrebutters filed

Petition for partition and demurrer to petition filed

The court audit and allow an account of John K Walker Sheriff of the County of Saint Louis amounting to One hundred and seventy three dollars Eighty seven and one half cents for the expences of keeping the property attached in the case to be taxed as costs and retained out of money made on Execution the defendant court adjourned until Monday morning 7th Instant 9 O'Clock

Monday 7th May 1832 Court met pursuant to adjournment present as before

continued at the costs of the defendants

On motion of the plaintiff by her attorney it is Ruled that a dedimus ifsueissue to any Judge or Justice of the peace of the State of Illinois to take the depositions of witnefseswitnesses to be read in evidence on the trial of this case on the part of the plaintiff

On motion of the plaintiff by her attorney it is Ruled that a Dedimus ifsueissue to any Judge or Justice

On mature deliberation it is considered by the court that the motion for a New Trial in this case be sustained, that the Verdict of the Jury be set aside and a New Trial granted on condition that the said defendant do pay the costs incurred in this case at this term.-

The defendant by his attorney moves the court to set aside the finding and Judgment in this case and to grant him a new Trial and files his reasons therefor which motion upon mature deliberation is by the court overruled

The plaintiffs by their attorney move the court to set aside the Judgment of non suit entered in this case and file their reasons therefor which motion upon mature deliberation is by the Court overruled- Bill of Exceptions filed

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 ifsueissue within joined between the parties aforesaid that he the said defendant did undertake and promise in manner and form as the said plaintiffs have above in declaring alleged against him and they afsefsassess the damage of the said plaintiffs by them sustained by reason of the nonperformance of the promises and undertakings in their declaration mentioned to the sum of Three Hundred and Eighty nine dollars ninety one cents therefore it is considered that the said George Carlisle and John W Mason recover against the said Abraham Fox their damages aforesaid in form aforesaid by the court afsefsedassessed together with their costs and charges by them about their suit in this behalf expended and that they have thereof execution- Bill of Exceptions filed -

Now at this day come the parties aforesaid by their respective attorneys aforesaid and thereupon all and singular the matters aforesaid whereof the parties afore- said have put themselves upon the Judgment of the court are by them submitted to the court which being seen heard and by the court here fully understood for that it appears to the court that the third plea of the said defendant by him above pleaded and the matters and things therein con- -tained in manner and form as the same are therein stated and set forth are not sufficient in law to bar and preclude the said plaintiff from maintaining his said action against the defendant therefore is is considered that the demurrer of the said plaintiff to the third plea of the said defend- -ant be sustained

On motion of the defendant by his attorney it is ordered that further proceedings in this case be stayed until the said plaintiffs shall have furnished a bill of particulars as heretofore ordered

The Plaintiffs by their attorney move the court to grant them a new trial in this cas and file their reasons therefor which motion upon mature deliberation is by the court overruled

The plaintiff by his attorney moves the court to grant him a New Trial in this case and files his reasons therefor whcih motion upon mature deliberation is by the court overruled- Bill of Exceptions filed-

Matthias McGirk the plaintiff in this case files his affidavit and prays an appeal to the Supreme Court and thereupon the said Matthias McGirk

here in court freely remits to the said defendant the sum of Three hundred and forty one dollars thirty Eight cents part and parcel of the interest recovered in this case therefore it is considered that the said defendant be acquitted and discharged from the said sum so as aforesaid remitted

Now at this day come the parties aforesaid by their respective attorneys and the said plaintiffs by their said attorney 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 Judgment of the Justice be reversed and for nought held and esteemed that the said plaintiffs take nothing by their said suit and that the said defendant go thereof without day and it is further considered that the said Armstead LawlefsLawless recover against the Mayor Alder- -men and citizens of the city of St Louis his costs and charges by him about his defence before the Justice expended and also about his appeal in this behalf expended and that he have thereof execution

It is ordered by the court that Coleman Duncan be permitted to retain pofsefsionpossession of the said Ralph upon condition that he enter into Recognizance with sufficient security in the sum of Six hundred dollars conditioned that the said Ralph the petitioner shall at all times during the pendency of this suit have reasonable liberty of attending his counsel and that the said Ralph shall not be removed out of the Jurisdiction of this court and that he shall not be subjected to any severity of treatment because of his application for freedom and Isaac A Letcher and David Lawrence are approved of by the court as securities in the said Recognizance

On motion of the petitioners by their attorney it is ordered by the court that the letter A. The initial letter of the middle name of Auguste Chouteau be inserted throughout the record and proceedings in this case so that said proceedings stand in the name of Auguste A Chouteau the son of Auguste Chouteau deceased

This order is Expunged

Joseph C Brown, Henry Von Phul, James Clemens Junior and John O'Fallon, four of the commifsionerscommissioners appointed by this Court to make partition in this case having on the second day of this month returned filed and ack -nowledged their report of partition in said case under their hands and seals which report embrace a survey of the premises and a division of the land mentioned in the petition of the petitioners so far as the same could be made by them. The parties in this case pray the court for Judgment upon the return of said commifsionerscommissioners and no cause being shewn by any of the parties against the Justice or Regu- -larity of said petition and return the court have confirmed and they do hereby confirm the same and do adjudge that the partition made by the said commifsionerscommissioners be firm and effectual forever between all the parties thereto and in manner as follows that is to say. To Auguste A Chouteau is allotted lot Number 1 (one) in the first series of lots as represented on said survey which is bounded south by Clark Street (so called) North by Lucas Avenue cast by a street sixty feet wide called tenth street west by a street eighty feet wide dividing it from lot Number 2 of same series allotted to Henry Chouteau also Lot number 7 (seven) in the second series of lots as aforesaid bounded south by Couteau avenue west by Pratte avenue dividing it from lot number 7 in the third series, and north by lot No 6 in the second series alloted to Henry Chouteau, also lot number 7 (seven) in the third series of lots as aforesaid bounded south by Chouteau avenue, East by Pratte avenue separating it from lot number 7 of the

said petition stated and every part thereof in manner and form as the same is therein stated and set forth and the court do further find that the said defendant is indebted to the said plaintiff in the sum of Seven Hundred dollars as he the said plaintiff hath in his petition alleged and that the said plaintiff hath sustained damage by reason of the detention of said debt to the sum of Seventy six dollars Eighty cents there- -fore it is considered that the said John Miller recover against the said Phineas Bartlett 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

On motion of the Heirs and Legal Representatives of Vincent Carrico Junior deceased by their attorney and it appearing that the property alloted to them and by order of this court of the fourth of May last ordered to be sold, has not been sold as by said order directed- The court therefore doth order that the commifsionerscommissioners heretofore appointed to wit, Francis Nash Cumberland James and John Patterson or a majority of them do proceed to sell the said land so allotted as above said at public vendue to the Highest bidder at the court house door in the City of St Louis on the Fourth monday of September next- Ten per cent of the purchase money to be paid down, and a credit of twelve months to be given for the balance the purchaser giving bond and security with a mortgage on the premises for the payment thereof, and the commifsionerscommissioners aforesaid are directed to give at least twenty days notice of the time, terms and place of the sale of publication in some newspaper printed in the City of St Louis-

Court adjourned until Monday morning next 9 O'Clock

Monday 13th August 1832 Court met pursuant to adjournment present same Judge

It is suggested here to the court that since the commencement of this suit the said plaintiff hath died which suggestion is not denied but admitted to be true- and suit abates

John K Walker Sheriff of the county of Saint Louis personally appears here in open court and acknow- -ledges the execution of a deed from him as Sheriff as aforesaid to Augustus H Evans therein named for "a certain piece or lot of ground lying in the city of St Louis containing forty three feet front on oak street and running north fifty nine feet more of lefsless bounded southwardly on oak street, westwardly by a lot of - Murphy Eastwardly by a lot late the property of Apoline Clamorgan and Northwardly by a lot of the heirs of Ceprain Clamorgan it being the same lot described and conveyed in a deed of Charles Collins and wife to Joel Finch and John Whitehill by deed dated the 31st of March 1828 and recorded in book 0 page 454" sold by virtue >of an Execution ifsuedissued from the Clerk's office of the circuit court for the county of Saint Louis in favor of Augustus H Evans against Alexander Fryer and James R Pullen and the said Augustus H Evans being the highest and last bidder for the same, at the price and sum of thirty dollars the same was stricken off and sold to him the said Augustus H Evans

continued

continued

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 she prosecuted her suit in this behalf with effect therefore it is considered that the said plaintiff take nothing by her said suit and that the said defendant go thereof without day

this suit be dismifseddismissed out of this court

Now at this day come the said plaintiffs by their attorney and the said defendant although solemnly called come not but makes default nor hath he pleaded to the action aforesaid of them the said plaintiffs whereby the said plaintiffs remaind therein undefended against them wherefore the said plaintiffs ought to recover against the said defendant but because it is unknown to the court what damage the said plaintiffs have sustained by reason of the nonperformance of the promises and undertakings in their declaration mentioned there- -fore it is commanded to the Sheriff of Saint Louis County that he summon twelve good and lawful men of his county that they be and appear at the present term of this court then and there to enquire what damage the plaintiffs have sustained by reason of the premises and the same day is given to the said defendant

Now at this day come the said plaintiff by his attorney and the said defendant although solemnly called come not but makes default nor hath he pleaded to 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 but because it is unknown to the court what damage the said plaintiff hath sustained by reason of the nonperformance of the pro- -mises and undertakings in his declaration mentioned therefore it is commanded to the Sheriff of Saint Louis County that he summon twelve good and lawful men of his county that they be and appear at the next July 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 the said defendant

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 or pleaded to 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 the said plaintiff not requiring a Jury 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 nonperformance of the promises and undertakings in his declaration mentioned to the sum of one hundred and twenty six dollars forty two cents therefore it is considered that the said James S Thomas recover against the said William M Read 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

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 or pleaded to 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 the said plaintiff not requiring a Jury all and singular 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 non performance of the promises and undertakings in his declaration mentioned to the sum of Two Hundred and sixty six dollars fifty eight cents therefore it is considered that the said James S Thomas recover against the said Charles H Veeder his damages afore- -said in form aforesaid by the court afsefsedassessed together with his costs and charges by him about his suit in this behalf expended

Gustavus A Bird Esquire presents to the court the petition of James Wilkinson a man of color praying that he may be permitted to the institute suit against Aaron Young for Establishing his right to

freedom and that he may be permitted to sue as a poor person thereupon the court permit the said James Wilkinson to sue as aforesaid and direct that an action of afsualtassault and battery and false imprisonment be brought in the name of the said James Wilkinson and afsignassign the said Gust and A Bird as his counsel and it is ordered by the court that the said Aaron Young permit the said James Wilkinson to have a reasonable liberty of attending his counsel and the court when ocasion may require it and that the said petitioner shall not be taken or removed out of the Jurisdiction of this court or be subject to any severity of treatment on account of his said application for freedom

No 6 March 1831

The plaintiff by his attorney consents that the Garnishees summoned in this case be discharged

No 36 March 1831

The plaintiff by his attorney consents that the Garnishee summoned in this case be discharged

abated

Plea filed

Now at this day come the said appellant by his attorney and says he will not further prosecute his appeal in this behalf against the said appelle but volun- -tarily suffers the same to be discontinued therefore it is considered that the said appellant take nothing by his said appeal and that the said appellee go thereof without day and it is further considered that the said George Burgess Administrator of John Bothick deceased recover against the said William Matthews his costs and charges by him about his defence in this behalf expended and also about his defence before the county court expended and that he have thereof execution

This Judgment is satisfied see Execution Book 3- page 181-

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 therein undefended against him wherefore the said plaintiff ought to recover against the said defendant but because it is unknown to the court what damage the said plaintiff hath sustained by reason of the trespafstrespass and ejectment in the declaration mentioned therefore it is commanded to the Sheriff of the county of Saint Louis that he summon twelve good and lawful men of his county that they be and appear at the next July 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 the said defendant. - Ordered that this entry be expunged

On motion of the plaintiff by his attorney it is ordered that the said James H Davis be notified that an action of afsumpsitassumpsit damages one thousand dollars has been com- -menced against him by the said David P Ingersoll that a writ of attachment has ifsuedissued against his estate and that unlefsunless he be and appear at the next July term of this court and plead to the action aforesaid according to law a Judgment 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 July term of this court

Now at this day come the parties aforesaid by their respective attorneys aforesaid and there- -upon also comea Jury to wit, Charles Cabanne, Edward Charless, Woosler Goodyear, Isaac A Letcher, Merrit Hix, Heram B. Bascom, Richard Raqasdale, Richard Dowling, Elkanah English, William H Pocock, John McGausland and Samuel Watton, twelve good and lawful men who being duly elected tried and sworn well and truly to try the ifsueissue within joined between the parties aforesaid where-

-upon for reasons as well moving the court as the parties aforesaid Charles Cabanne one of the Jurors aforesaid is withdrawn from the panel of the Jury and the residue of the Jurors are discharged from rendering a verdict

Now at this day come the parties aforesaid by their respective attorneys aforesaid and thereupon also come a Jury to wit, Christian F Kienlen, Samuel Walton, James McClelland, James Martin, Samuel Willi, George Corwin, John Riggin, Alfred Skinner, James Bailey John Goodfellow, James Park and Leon Chenie twelve good and lawful men who being duly elected tried and sworn well and truly to try the ifsueissue within joined between the parties aforesaid on their oath afore- -said do say that the said defendant is not guilty of the said trespafsestrespasses laid to his charge or any part thereof in manner and form as the said plaintiff hath above thereof complained against him therefore it is considered that the said Julia take nothing by her said suit and that the said Samuel McKinney go thereof without day

Now at this day come the said plaintiff by her attorney and the said defendants although solemnly called come not but make default nor have they pleaded to the action aforesaid of her the said plaintiff whereby the said plaintiff remains therein undefended against them wherefore the said plaintiff ought to recover against the said defend- -ants and the said plaintiff not requiring a Jury all and singular the premises are by her submit- -ted to the court which being seen and heard and by the court here fully understood the court do find that the said defendants are guilty of the trespafstrespassafsaultassault and battery in the declaration mentioned in- manner and form as she the said plaintiff hath above thereof complained against them and the court afsefsassess the damage of the said plaintiff by her sustained by reason of the trespafstrespassafsaultassault and battery afore- -said at the sum of one cent, therefore it is considered by the court that the said Tenor Washington be liberated and entirely set free from the said Henry Scott and John Emmerson and all persons claiming from through or under them and it is further considered that the said Tenor Washington recover against the said Henry Scott and John Emmerson her costs and charges by her about her suit in this behalf expended and that she have thereof execution

It is suggested here to the court that since the last continuance of this cause the said James S Lyle one of the said defendants hath died which suggestion is not denied but admitted to be true- and suit abates as to said James S Lyle

Now at this day come the parties aforesaid by their respective attorneys and the said parties consent that the Judgment be entered against the said defendant for the sum of sixty two dollars fifty cents and the court do find that the said defendant is indebted to the said plaintiff in the sum of sixty two dollars fifty cents in manner and form as he the said plaintiff hath in his declaration alleged against him therefore it is considered that the said Robert Simpson recover against the said Isaac A Letcher his debt aforesaid in form aforesaid by the court found to be due and also his costs and charges

entered into by him individually or Jointly with any other person before his application to the Justice of the county court for his discharge which appears by the papers returned in this case to have been on the thirteenth day of December one thousand Eight hundred and thirty two.

On motion it is ordered by the court that the alias writ ifsuedissued in this case be quashed and that the sheriffs return to the original and to the alias writ be set aside- and the court award an alias writ in this case

John K Walker Sheriff of the county of Saint Louis personally appears here in open court and acknow- ledges the execution of a deed from him as Sheriff as aforesaid to Rene Paul therein named for 1st A Lot of ground situate in the City of St Louis in block No 27. being 25 feet front by 152 feet in length bounded north by a lot of Fr. V Bouis East by first street south by a lot of Thomas Biddle west by an alley being the same lot which Charles D F Vrain bought of the commifsionerscommissioners of A. V. Bouis estate - 2nd the one undivided seventh part of a tract of land situate at the mouth of the MifsouriMissouri River in the County of St. Louis being a part of survey No 1953 in Township 47 North Range 7 East granted and confirmed to Antoine Soulard and Jacques De StVrain the whole tract containing 3675 arpents the one seventh part of which belonged to said Jacques de StVrain at the time of his death: 3rd a tract of land situate in the Township of St Ferdinand in the county of St Louis on the River MifsifsippiMississippi containing 250 arpens, it being part of a concefsionconcession granted by the Spanish Government to Jacques Delafsus de St Vrain bearing date April 28th 1802 sold by virtue of an execution ifsuedissued from the Clerks office of the Circuit Court for the county returnable to the November term of said court in the year Eighteen hundred and thirty one in favor of Rene Paul against Charles D StVrain and the said Rene Paul being the highest and last bidder of the same at the sum of Thirty dollars the same was stricken off and sold to him the said Rene Paul

allegations and Interrogatories filed

No notice of the appeal in this case having been given it is considered by the court that the Judgment of the Justice be affirmed and that the said Ransom Brown recover against the said Charles Collins and Elyah D Harris the security in the appeal bond the sum of ten dollars for his debt and also the sum of Thirty five cents for his damages by him sustained by reason of the detention of said debt together with his costs and charges by him about his suit before the Justice expended and also in this behalf expended and that he have thereof Execution

The plaintiff by her attorney moves the court to grant her a new trial in this case for reasons filed therefor which motion upon mature deliberation is by the court overruled

On motion of the plaintiff by her attorney leave is given her to amend her declaration in this case and file additional counts which is done

Now at this day come the parties aforesaid by their respective attorneys aforesaid and thereupon all and singular the matters aforesaid whereof the parties aforesaid have put themselves upon the Judgment 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 replication of the said plaintiff to the fourth plea of him the said defendant and the matters and things therein contained in manner and form as the same are above pleaded and set forth are sufficient in law for the said plaintiff to have and maintain his aforesaid action thereof against him the said defendant and that he the said defendant is bound by the law of the land to answer the same therefore it is considered that the demurrer of the said defendant to the Replication of the said plaintiff

to the fourth plea of the said defendant be overruled

The Court order and direct that the Sheriff of the county of Saint Louis do hire out the said Sarah from term to term of this court and that he take bond of the person who may hire the said Sarah in the penalty of Five Hundred dollars with such security as the sheriff shall approve conditioned according to law and for the return of the said Sarah when it shall be required by the court

It is suggested here to the court by the attorney for the said defendant that since the commencement of this suit the said Ann McGee the plaintiff hath married whereby the letters of administration heretofore granted to her have been revoked and repeated which sug- -gestion is not denied but admitted to be true

Court adjourned until Monday next the 8th instant 10 O'clock forenoon

Monday 8th April 1833 Court met pursuant to adjournment present as before

Pleas filed

Continued

Now at this day come the parties aforesaid by their respective attorneys and pray that a Rule may be entered to refer the matters in dispute between them to Aza- riah Kennedy and Edward Dobyns with power to appoint and call in an empire and that they report in the premises to the present term of this court, it is therefore ordered by the court that the said Azariah Kennedy and Edward Dobyns be appointed arbitrators to settle the matters in controversy between the parties aforesaid and that they report on the premises to the present term of this court.

On the affidavit of the plaintiffs attorney filed by him in this case and on the applica- -tion of the said plaintiff by her said attorney for an appeal to the Supreme court, it is ordered by the court that the appeal be granted and the Record and proceedings are ordered to be certified up accordingly

Court adjourned until To morrow morning 10 O'Clock

Tuesday 9th April 1833 Court met pursuant to adjournment present as before

On motion of the plaintiff by his attorney it is Ruled that a Dedimus ifsueissue to any Judge or Justice of the peace of the State of Illinois to take the depositions of witnessed to be read in evidence on the trial of this cause on the part of the plaintiff

It is ordered by the court that a Venire facias issue to the coroner of the county of Saint Louis commanding him to summon Eighteen good and lawful men of his county to attend forthwith and to serve as Jurors in this case.

Anthony W Vanteer, Wallace Dixon and Isaac H Lanier recover against the said Orlando Kellogg their debt aforesaid in form aforesaid by the Jury found to be due and also their costs and charges by them about their suit in this behalf expended and that they have thereof execution

Interrogatories filed On motion of the plaintiff by his attorney it is ordered that the said Peter W. Mc Queen and Robert McQueen be notified that an action of AfsumpsitAssumpsit damages Five hundred dollars has been com -menced against them by the said Henry Reynolds that a writ of attachment has ifsuedissued against their estate and that unlefsunless they be and appear at the next July term of this court and plead to the action aforesaid according to law a Judgement will be entered against them and their 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 pub- -lished in the city of St Louis and at least twenty days before the next July term of this court

Interrogatories filed On motion of the plaintiff by his attorney it is ordered that the said Peter W McQueen and Robert McQueen be notified that an action of AfsumpsitAssumpsit damages Five Hundred dollars has been commenced against him by the said Charles Fefsenden that a writ of attachment has ifsuedissued against their estate and that unlefsunless they be and appear at the next July term of this court and plead to the action aforesaid according to law a Judgment will be entered against them and their 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 July term of this court

Now at this day come again the said plaintiff by his attorney aforesaid who 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 nonperformance of the promises and undertakings in his declaration mentioned to the sum of Eighty dollars, therefore it is considered that the said William Bartlett recover against the said Josiah Winters and John F Clark 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

Harriet an infant by Julia her mother (a woman of color) presents her petition to the court praying that a writ of Habeas corpus ifsuedissue to Samuel T McKinney and Thomas D James commanding them to bring the body of the said Harriet before this court thereupon it is ordered by the court that a writ of Habeas Corpus do ifsueissue as prayed for returnable forthwith

Gustavus A Bird Esquire presents here to the court the petition of Harriet a girl of color and an infant under the age of twenty one years praying that she may be permitted to institute suit against Samuel T McKinney and Thomas D James for establish- -ing her right to freedom and that she may be permitted to sue as a poor person thereupon the court permit the said Harriet to sue as aforesaid and direct that an action of afsaultassault and battery and false imprisonment be brought in the name of the said Harriet and afsignassign the said Gustavus A Bird as her counsel, and it is order -ed by the court that the said Samuel T McKinney and Thomas D James permit the said Harriet to have a reasonable liberty of attending her counsel and the court when occasion may require it and that the said petitioner shall not be taken or removed out of the Jurisdiction of this court or be subject to any severity of treatment on account of her said application for freedom

Now at this day come again the said plaintiff by his attorney aforesaid and the said defendant although notified according to law comes not but makes default nor hath

Garnishee in this case although solemnly called comes not but makes deafult nor hath he answered the Interrogatories filed by the plaintiff in this case therefore it is considered by the Court that the said James S Thomas recover against the said Enoch C March Garnishee as aforesaid the sum of One Hundred and twenty six dollars forty two cents for his damages aforesaid and also his costs and charges by him about his suit in this behalf expended and that he have thereof execution.

The Judgment is satisfied see Execution book 3 page 177

It is suggested here to the Court that since the last continuance of this cause the said defendant hath died which suggestion is not denied but admitted to be true and this suit abates

It is suggestion here to the Court that since the last continuance of this cause the letters of administration heretofore granted to Judith McCartan has been revoked

Now at this day come the said plaintiffs by their attorney and say they will not further prosecute their said action 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 suit and the said defendant go thereof without day and it is further considered that the said Jacob Radar recover against the said Joseph C Laveille and George Morton 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 her attorney and says she will not further prosecute her said action against the said defendant but voluntarily suffers the same to be discontinued therefore it is considered that the said Charlotte take nothing by her said suit and that the said Green Crowder go thereof without day

Now at this day come the said plaintiffs by their attorney and say they will not further prosecute their said petition against the said defendants but volun- tarily suffer the same to be discontinued therefor it is considered that the said plaintiffs take nothing by their said petition and that the said defendants go thereof without day and it is further considered that the said Esther Woods and William Woods recover against the said Joseph Woods and George Woods their costs and charges by them about their defence in this behalf expended and that they have thereof execution

Now at this day come as well the said plaintiffs by their attorney as the said Jacob Forsyth, Henry H Forsyth, William Piddle and P H Goodwin interpleaders in this case by their attorney 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 ifsueissue within joined between the parties aforesaid upon the claim of property of the said interpleaders that the effects goods notes debts and liabilities and each of them attached as aforesaid were not at the time they were attached nor now are the property of said Forsyth Co as they have in their plea above in this behalf alleged, therefore it is considered that the said Interpleaders take nothing by their said claim of property and that the said Oliver Martin and George N Harvey go thereof without day and it is further considered that the said Oliver Martin and George N Harvey recover against the said Jacob Forsyth, Henry H Forsyth, William Riddle and L H Goodwin their costs and charges by them about their defence against the claim of property of the said Inter- -pleaders expended and that they have thereof execution

Wednesday 1st May 1833 Court met pursuant to adjournment present as before

On motion of Robert McQueen senior, Interpleader in this case it is Ruled that a Dedimus ifsueissue to any Judge or Justice of the peace of the State of New York to take the depositions of witnefseswitnesses to be read on the trial of this case on the part of the said Interpleader

On motion of Robert McQueen Senior, Interpleader in this case it is Ruled that a Dedimus ifsueissue to any Judge or Justice of the peace of the State of New York to take the depositions of witnefseswitnesses to be read on the trial of this case on the part of the said Interpleader

Now at this day come the parties aforesaid by their respective attorneys aforesaid and thereupon also come a Jury to wit, Theodore S Magill, John K Bell, John Darst, Jotham Biglow, Nathan Cole Richard H McGill, Horatio N Crofs, Thomas Hills, Edward McDonald, Michael Tefson, Caleb Lockwood, and William Smith twelve good and lawful men who being duly elected tried and sworn well and truly to try the ifsueissue within joined between the parties aforesaid on their oath aforesaid do say that the said defendant is quilty of the said trespafstrespass in manner and form as the said plaintiff hath above in declaring alleged and they afsefsassess the damage of the said plaintiff by him sustained by reason of the wrongs and grievances in the decla- -ration mentioned to the sum of Five Hundred dollars and the said defendant by his attorney moves the court to grant him a new trial in this case and files his reasons therefor

On motion of the plaintiff by her attorney it is Ruled that a dedimus ifsueissue to any Judge or Justice of the peace of the State of Illinios to take the depositions of witnefseswitnesses to be read on the trial of this cause on the part of the defendant

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 submit- -ted to the court which being seen and heard and by the court here fully understood the court do find as to the ifsueissue within joined between the parties aforesaid that the said defendant does not detain the said slave in the declaration mentioned in manner and form as the said plaintiff hath above thereof complained against him therefore it is considered that the said plaintiff take nothing by her suit and that the said defendant go thereof without day and it is further considered that the said Hardage Lane recover against the said Mary B Penrose 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 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 ifsueissue within joined between the parties aforesaid that he the said defendant is guilty of the grievances above in said declaration laid to his charge in manner and form as the said plaintiff hath above alleged and they afsefsassess the damage of the said plaintiff by him sustained by reason of the trespafstrespass afsaultassault and battery in the declaration mentioned to the sum of one cent therefore it is considered that the said John be liberated and entirely set free from the said William Campbell and all persons claim- -ing from through or under him and it is further considered that the said John recover against the said William Campbell 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 said plaintiff by his attorney and says he

recover against the said defendant. and the said plaintiff not requiring a jury to afsefsassess her damages all and singular the premises are by her 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 under- takings in her declaration mentioned to the sum of eleven Thousand and fifteen dollars and seventeen cents. Therefore it is considered that the said Therese C Chouteau Executer of Auguste Chouteau deceased recover against the said Auguste A Chouteau her damages aforesaid in form aforesaid by the court afsefsedassessed and also her costs and charges by her about her suit in this behalf expended

Court adjourned untill tomorrow morning 10 OClock

Friday 3rd May 1833 Court met pursuant to adjournment present as before

The court audit and allow to John K Walker Sheriff of the County of Saint Louis on account amount -ing to One Hundred and sixty dollars twelve and one half cents against the State for Sheriff's and Jailors fees in the case of the State vs Peggy Easton who was indicted for murder and acquitted, and in the case of the State vs. Marquerite Bouche convicted of manslaughter and sentenced to Three years Imprisonment, it being proved here to the court that the said Marquerite Bouche is insolvent and unable to pay costs or any part thereof

Now at this day come the parties aforesaid by their respective attorneys afore- -said 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 ifsueissue within joined between the parties aforesaid that he the said David G Bates did undertake and promise in manner and form as the said John Muir, Robert G Ormsby and James Wiley have above in declaring alleged against him and they afsefsassess the damage of the said plaintiffs by them sustained by reason of the non performance of the promises and undertakings in their declaration mentioned to the sum of Three hundred and seventy one dollars seventy four cents therefore it is considered that the said john Muir, Robert G Ormsby and James Wiley recover against the said David G Bates their damages afore- -said in form aforesaid by the court afsefsedassessed together with their costs and charges by them about their suit in this behalf expended and that they have thereof execution

continued at the costs of the plaintiffs

Now at this day come the said plaintiffs by their attorney and say they will not further prosecute their said action against the said defendant but volun- -tarily suffer the same to be discontinued therefore it is considered that the said plaintiffs stake nothing by their said writ and that the said defendant go thereof without day and it is further considered that the said Thomas Wilcox recover against the said Chauncey Jerome, Noble Jerome and James Darrow

The court permit Henry S. Geyer Esquire on his applications to withdraw from the further prosecution of this suit as counsel for the plaintiff

Now at this day come the parties aforesaid by their respective attorneys aforesaid and thereupon also come a Jury to wit, William Dean, Thomas Robinson, Charles Billon, John McCausland, Willaim Vincent, Alexander Lyke, Charles R Hall, James Wilgus, William oing, Joseph Klunk, Samuel Daniel and Lucien Dumain twelve good and lawful men who being duly elected tried and sworn well and truly to try the ifsueissue within joined between the parties aforesaid on their oath aforesaid do say that the said defendants are Guilty of the grievances above in said declaration laid to their charge in manner and form as the said plaintiff hath above alleged and they afsefsassess the dam- -age of the said plaintiff by her sustained by reason of the wrongs and greivances in the declaration mentioned to the sum of Two Hundred and fifty dollars therefore it is considered that the said Mary Ann be liberated and entirely set free from the said Alexander P Fields and Elijah Mitchell and all persons claiming from, through or under them and it is further considered that the said Mary Ann recover against the said Alexander P Fields and Elijah Mitchell her damages aforesaid in form aforesaid by the Jury afsefsedassessed together with his costs and charges by her about her suit in this behalf expended and that the have thereof execution

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 or pleaded to the action aforesaid of him the said plaintiff whereby the said plaintiff remains therein un -defended against him wherefore the said plaintiff ought to recover against the said defendant and the said plaintiff not requiring a Jury 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 nonperformance of the promises and undertakings in his declaration mentioned to the sum of One Hundred and fifty dollars fifty Eight cents there- -fore it is considered that the said John D Peers recover against the said Abram Wilcox his damages afore- -said in form aforesaid by the court afsefsedassessed together with his costs and charges by him about his suit in this behalf expended. Ordered that this be expunged see next page

Now at this day comes the said plaintiff by his attorney aforesaid and the said defendant although notified according to law comes not but makes default nor hath he filed special bail or pleaded to the action aforesaid of him said plaintiff whereby the said plaintiff ought to recover against him and the action aforesaid being founded on two notes under seal for the amount above demanded and it manifestly appearing to the Court that the said plain -tiff hath sustained damage by reason of the detention of said debt to the sum of one hundred and Sixty dollars and twenty five cents therefore it is considered that the said John H Walker Sheriff of the County of St Louis trustee and afsigneeassignee of Pierre A Sabea Insolvent debtor recover against the said Auguste A Chouteau his said debt of one hundred and

ninety five dollars and also his damages aforesaid in form afore said afsefsedassessed together with his costs and charges by him about his suit in this behalf expended

Court adjourned until tomorrow morning at ten O Clock

Saturday 4th May 1833 Court met pursuant to adjournment present as before

Declaration and plea filed by consent of parties

Replications filed

Demurrer to pleas filed

On motion it is ordered by the court that the Garnishees in this case be discharged Interrogatories not having been filed in time

On motion it is ordered by the court that the Garnishees in this case be discharged Interogatories not having been filed in time

Traverse of Answer of Lewis M Alverson Garnishee filed

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 or pleaded to the action afore- -said of him the said plaintiff whereby the said plaintiff remains therein undefended against him where- fore the said plaintiff ought to recover against the said defendant and this action being founded on and in- strument in writing and it manifestly appearing to the court that the said defendant is indebted to the said plaintiff in the sum of one Hundred and forty six dollars sixty two and one hay cents as he the said plaintiff hath in his declaration alleged and that the said plaintiff hath sustained damage by reason of the detention of said debt to the sum of Ten dollars ninety five cents therefore it is considered that the said John D. Peers recover against the said Abram Wilcox 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

Harriett a woman of color who was committed to the Jail of the county of Saint Louis by Peter Ferguson a Justice of the peace for the county of Saint Louis as a runaway slave being brought before the court as upon Habeas Corpus, and it appearing to the court that the said Harriet has been confined in the Jail of this county for more than a year and that she has been advertised by the sheriff according to Law, the court upon Exami- -nation of the matter do order that said Harriet is discharged from custody, and the court allow to John K Walker Esquire Sheriff of the county of Saint Louis the sum of one Hundred and Sixty six dollars twelve and one hay cents for four hundred and forty three days board of said Harriet at thirty seven and one hay cents per say for Turnkeys fees for committment seventy five cents for cash paid for clothes for the use of said Harriet Three dollars for cash paid printer for publishing advertisement Ten dollars amounting in all to the sum of One hundred and seventy nine dollars Eighty seven and one half cents. to be paid by the State of MifsouriMissouri

Alexander Felsan who is personally known to the Judge of this court to be the person whose name is subscribed to a deed of emancipation from him to Jenny and her children Eliza and Alexander now here produced to the court personally appears in open court and acknowledges the execution of said deed from his to the said Jenny a negro woman aged about twenty one years and her two children Eliza aged about two years and Alexander aged about one year.-

Now at this day come the parties aforesaid by their respective attorneys aforesaid and neither of the parties requiring a Jury all and sigular 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 ifsueissue within joined between the parties aforesaid that they the said defendants are guilty of the greivances above in said declaration laid to their charge in manner and form as the said plaintiff hath above alleged and they afsefsassess the damage of the said plaintiff by him sustained by reason of the wrongs and grievances in the declaration mentioned to the sum of oen cent, therefore it is considered that the said Anson be liberated and entirely set free from the said Henry G Mitchell and Henry C Rusfell and all persons claiming from through or under them and it is further considered that the said Anson recover against the said Henry G Mitchell and Henry C Rufsell his dama- -ges 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

Now at this day come the parties aforesaid by their respective attorneys aforesaid and neither of the parties requiring a Jury all and sigular the premises are by them submitted to the court which being seen and heard and by the court here fully under -stood the court do find as to the ifsueissue within joined between the parties aforesaid that they the said defend- -ants are guilty of the grievances above in said declaration laid to their charge in manner and form as the said plaintiffs hath above alleged and they afsefsassess the damage of the said plaintiff by him sustained by reason of the wrongs and grievances in his declaration mentioned to the sum of one cent therefore it is considered that the said Michael be liberated and entirely set free from the said Henry G Mitchell and Henry C Rufsell and all persons claiming from through or under them and it is further considered that the said Michael recover against the said Henry G Mitchell and Henry C Rufsell 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

Now at this day come the parties aforesaid by their respective attor- -neys 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 ifsueissue within joined between the parties aforesaid that they the said defendants are guilty of the grievances above in said declaration laid to their charge in manner and form as the said plaintiff hath above alleged and they afsefsassess the damage of the said plaintiff by her sustained by reason of the wrongs and grievances in his declaration men- -tioned to the sum of Two hundred and fifty dollars, therefore it is considered that the said Matilda be liberated and entirely set free from the said Henry G Mitchell and Henry C Rufsell and all persons claiming from through or under them and it is further considered that the said Matilda recover against the said Henry G Mitchell and Henry C Rufsell her damages aforesaid in form aforesaid by the court afsefsedassessed together with her costs and charges by her about her suit in this behalf expend- -ed and that she have thereof execution

Now at this day come the parties aforesaid by their respective