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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
complains of
trespass on the case for that whereas the said de
fendant heretofore towit on the
in the year 1835
debted to the said plaintiff in the sum of Three
Hundred dollars for the work and labor care
and
said
and bestowed in and about the business of the said
instance and request and being so indebted
he the said defendant in consideration thereof
afterwards to wit on the day and you last aforesaid
at the County aforesaid undertook and then and there
faithfully promised the said
the said sum of three Hundred dollars where
he the said
afterwards requested nevertheless the said Chou
teau although often requested hath not as yet paid
to the said
dred dollars or any part thereof but to do the
same hath
& so to do doth still neglect & refuse to the damage
of said
he brings his suit & C.
We command you to summon
Judge of our
thereof to be held at the City of
for the
of November next then and there to answer unto
hundred dollars. and have you then there
this writ.
Executed this writ by offering to read it
& the declaration to Pierre Jr the defendant
in the city of
1835
the
And the said
his attorney comes & defends the
when & c and says that he did not in
plaintiff hath in his declaration alleged and
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
of
This is an action of
Filed
Plea filed
Nov 1835
clerk gamble's fees-$1-13%
fee book 228
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
notice
Executed by Delivering a true copy of this noticed
to the within
St Louis County, to wit;
sworn on his oath says that the above
by him made is true.
Sworn to subscribed before me
this
Take notice that on the
year of our Lord one thousand eight hundred and thirty
depositions will be taken by the undersigned, to be read on the trial of the above entitled case, on
behalf of the
on that day, will be continued from day to day at the same place and between the same hours,
until completed.
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Depositions of witness produceed sworn and ex
amined on the
dred and thirty six
in the forenoon and five in the afternoon of that
day, at the office of
peace within and for the county of
state of missouri in a certain action now depen
ding in the
aforesaid, wherein
tiff and
the part of the
tions being taken pursuant to the annexed
notice.
sworn and examined on the part of the plaintiff
deposes and says.
by Mr John
we left
1834
river, from where we proceeded in a keel boat as far
as the Country of the black feet Indians which is
said
distant above the yellow stone river we stopped
at the fort de la
Country being the point of our desteration The
plaintiff as I understood was engaged by the
company for eighteen months He went up at
the same time that I did was there all the
time that I was and stated them to
as the same time that I did. I arrived at
about the beginning of september last.
the plaintiff was left at the
During the whole time that we were at the
fort in the black feet Country,
plaintiff was in the employment of the
American
belongs and served them well and faith fully
during the whole time that he was in their
service
Understanding that the cause of the present
suit is a claim set up by the defendants against
the plaintiff on account of the loss of some horses
of which he in part had the charge, I will
in a
whilst at the fort in the black feet country
the plaintiff
and another
by Mr
to a
and out of sight of the fort, for the purpose
of guarding some twenty houses sent there to
be pastured we having been sent for fear
that the black feet Indians would steal the
horses, about fifteen or sixteen
a hill at the base of which the
and made signs for as to go to them
and the young man since dead accordingly went
to them they asked
gave it to them and one of them discharged it
in the air
away from them. In the mean time, having
a rope in my hand I caught
way to the fort for the purpose of procuring
assistance. I informed Mr
mander at the fort who immedeately started
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
off with about ten men On our route to
the
and the other two men.
horseback, having saved one of the horses, the
other two were on foot. The other horses
and the Indians were gone. The Indians
were armed some with guns others with
made by Mr
after the Indians & horses my own belief is
that it would have cost the lives of us form
who had charge of the horses, to have resisted
the Indians
My wages for the eighteen months of my
engagement were two hundred & fifty dollars
and that was my first trip.
been up the missouri before that was not his
first trip. On my arrival at
Company wished to
from the amount of my wages for my share
of the loss of those horses, but I would not
agree to the deduction. finally they reduced
their claim to fifty dollars and I settled
with them at that not that I believed them
to have a just claim against me not that
I belived myself responsible for the loss of
those horses which was
that being a poor man I was unwilling
to engage in a litigation with a company
so rich, and who in case of a law suit with
them, might cause me to expend double
the amount which they claimed to deduct
at the time of our
we went to Mr
settling our amounts I was informed that
my amount was at the yellow stone- In
the settlement of
for his share of the loss of those horses-
was any claim set up against me or that
account.
The only claim against
set up by
dollars for the reason that one day he had
refused to go hunting. The usual mode of
hunting in that country is to go out on
horseback and if game is killed to pack
it on the horse & return to the fort on foot
This mode is adopted to guard against danger
from the Indians. if attacked going out
the men can more easily escape if attacked
when coming in the meat can be thrown
off and the horse mounted To go out
hunting on foot is very dangerous, and
refusal to go out was because he was ordered
to go out on foot
I
the peace in and for said county do hereby certify
that
the foregoing deponent, was by me first sworn
to testify the whole truth of his knowledge
touching the matters in Controversy aforesaid,
that he was examined and his examination
by me reduced to writing and by him subscribed
on the day & year, at the place, and between
the hours in that behalf first aforesaid
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Filed
Book 8-page 50
Judg - book 8- 108
the above named defendant makes oath
that Archibald Hamilton and Alexander Culbertson
are material
and that he cannot safely go to trial without
their testimony, that both said Witnesses
of twenty one hundred miles from
That the said
the commencement of this
above stated, without the
state or territory, so that this defendant has
not had it is his power to have their testimoney
and this
of June next, so that he
that he can have their testimony at the
next term of this
says that his
on
next action or delay.
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Sub. For Plff
Served this writ by Reading & to the
within named Pierre
of
You are hereby commanded to summon
that setting aside all manner of execuse and delay, he be and appear in proper person
before the Judge of our
at the
and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
is
is
plaintiff
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Served this writ on
the
Plff.
You hereby commanded to summon
that setting aside all manner of excuse and delay, he be and appear in proper person
before the Judge of our
and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
is
is
plff
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Served this writ on
Plff
You hereby commanded to summon
that setting aside all manner of excuse and delay, he be and appear in proper person
before the Judge of our
17th
and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
is
is
plff
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Served this writ on
on the on the
in the
Hamilton & Alexander Culberson not
found in my County
sum :
You are hereby commanded to summon
Hamilton Alexander Culbertson
that setting aside all manner of excuse and delay, he be and appear in proper person
before the Judge of our
at the city of
and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
plaintiff and
defendant on the part of
and have you then and there this writ.