vent laws of this state and proves here to the court the publication of notice of his intention so to do

Court adjourned until To Morrow morning 10 O'Clock

Thursday 28th November 1833 Court met pursuant to adjournment present as before

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 Harriet take nothing by her said suit and that the said defend- -ants go thereof without day.

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

On motion of the attorney for the said plaintiff it is ordered that the said James Snell, Robert Payne and Shashbazer Bently be notified that an action of afsumpsitassumpsit damages Two Hundred dollars has been commenced against them by the said John Finney and William Finney that a writ of attachment has ifsuedissued against their estate and that unlefsunless they 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 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 succefsucces -sively in some Newspaper published in the City of St Louis and at least twenty days before the next March term of this court

On motion of the attorney for the said plaintiffs it is ordered that the said John Calvert be notified that an action of AfsumpsitAssumpsit damages two hundred dollars has been com- -menced against him by the said John Lee and Jefse G Lindell 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 afore- -said according to law a Judgment will be entered against him and his sai destate 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

On motion of the attorney for the said plaintiff it is ordered that the said Ulysses B Brewster be notified that an action of AfsumpsitAssumpsit damages Four thousand dollars has been commenced against him by the said Isaac Brewster 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 least twenty days before the next March term of this court.

On motion of the plaintiff by his attorney it is ordered that the said Ulysses B Brewster be

-ledges the execution of a deed of Emancipation from him the said Aaron H Young to the said James in the said deed mentioned

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 Edward H Beebe recover against the said Lewis Bissell his costs and charges by him about his defence in this behalf expended and that he have thereof execution

Now at this day come the said plaintiff by his attorney and on motion of the said plaintiff by his attorney aforesaid it is ordered by the court that the said plaintiff have execution of this Judgment in this case against the said defendant and against the Garnishee against whom Judgment has been rendered

continued

Now at this day come the parties aforesaid by their respective attornys aforesaid and thereupon also come a Jury to wit Edmund Leonard, Edward F Musgrove, William Coze Benjamin Lawhead, James M Osborne, Eli L Clarke, Daniel Forich, Azariah Kennedy, Andrew King. John Cole, Jacob Snively and William Sutton 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 do say that the said defendant is guilty of the said trespafstrespass and injury in the decla- -ration mentioned 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 Jurors aforesaid on their oath aforesaid do say, that at the said time she the said plaintiff was not a slave but on the con- -trary thereof she then was and still is a free person as in her said declaration is above supposed and as to the third ifsueissue within joined between the parties aforesaid the Jurors aforesaid on their oath before -said do say that at the said time she was not held to labor in the State of Illinois under the laws of said state and escaped into Missouri but on the contrary thereof she the said plaintiff then was and still is a free person as in and by her said declaration is above supposed, and they afsefsassess the damage of the said plaint- -iff by her sustained by reason of the wrongs and inquires in her declaration mentioned to the sum of one dollar: therefore it is considered that the said Dunky be liberated and entirely set free from the said Andrew Hay and all persons claiming from through or under him and it is further considered that the said Dunky recover against the said Andrew Hay her damages aforesaid in form aforesaid afsefsedassessed together with her costs and charges by her about her suit in this behalf expended and that she have thereof execution.

Court adjourned until To Morrow morning 10 O'Clock

Now at this day come the parties aforesaid by their respective attorneys aforesaid and thereupon also come a Jury to wit, John Cole, Jacob Snively William Sutton, Lewis Clark, Edward F Musgrove, Stewart McKee, Uri Musick, Elisha Patterson, James Glenn Merrit Hix, John Heller and Thomas McLaughlin 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 that neither the said Nathaniel or the said Robert is guilty of the trespafstrespass and ejectment in the declaration mentioned in manner and form as the plaintiff hath above thereof complained therefore it is considered that the said plaintiff take nothing by his said suit and that the said defendants go thereof without day and it is further considered that the said Nathaniel Patterson and Robert Ranken recover against the said John War- -burton their costs and charges by them about their defence in this behalf expended and that they have thereof execution

Answer of Edward CharlefsCharless Garnishee filed

Court adjourned until To Morrow Morning 10 O'Clock

Thursday 12th December 1833 Court met pursuant to Adjournment present as before

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

Court adjourned until To Morrow morning 10 O'Clock

Friday 13th December 1833 Court met pursuant to Adjournment present as before

On motion of the plaintiff by his attorney and it appearing to the satisfaction of the Court that the property attached in this case is in a perishable condition it is ordered by the Court that the property attached as aforesaid be sold by the Sheriff of the county of Saint Louis for cash and that he give notice of the time and place of such sale as is required by law

On the application of Fernando A Evans Esquire to be admitted as an attorney and counselor at law of this court and the court being satisfied that he has been duly licensed by the Honorable Robert Wash one of the Judges of the Supreme Court of this state, order that he be enrolled accordingly

Pleas filed

Court adjourned until To Morrow morning 10 O'Clock

Saturday 28th December 1833 Court met pursuant to Adjournment present as before

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

The plaintiff by her attorney comes into court here and remits to the said defendant all of said land in her declaration mentioned excepting seven equal undivided eighteenth parts of sixteen hun- -dred and thirty two arpens as mentioned in the second court of said plaintiffs amended declaration and prays Judg- -ment for the said quantity of Seven Eighteenths of Sixteen hundred and thirty two arpens of land as aforesaid

Court Adjourned until Monday Morning next 10 O'Clock

Monday 30th December 1833 Court met pursuant to Adjournment present as before

Now at this day come the said plaintiffs by their attorney and prove here to the Court that the order of publication made in this case has been published according to the directions of said order

The plaintiff by his attorney appears and proves here to the court that the order of Publica- -tion made in this case has been published according to the directions of said order.-

Now at this day come the said plaintiff by his attorney and here in court freely Remits to the said defendant the sum of One Hundred and Eighty five dollars twenty five cents part and parcel of the Damages recovered in this case. Therefore it is considered that the said Benjamin Wilder be acquitted and discharged from the said sum so as aforesaid remitted

Now at this day come the parties aforesaid by their respective attorneys aforesaid and the said defendant moves the court to grant him a new trial in this case for reasons filed therefor. there- -upon upon mature deliberation it is considered by the court that the said motion be sustained that the verdict and Judgment entered therein be set aside and a new trial granted

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 Pennsylvania 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 parties aforesaid by their respective attorneys aforesaid.

is considered that the said Nathaniel Burt recover against the said John P. Reily Administrator of Henry Reily his damages aforesaid in form aforesaid by the Jury afsefsedassessed together with his costs and charges by him about his suit in this behalf expended

On motion of the plaintiff by his attorney leave is given him to amend his declaration in this case by adding a court for money paid laid out and expended lent and advanced

Court adjourned until Thursday morning next 10 O'Clock

Thursday 2nd January 1834 The Judge not appearing at the hour to which the court was adjourned the Court is adjourned until To morrow morning 10 O'Clock

Friday 3rd January 1834 Court met pursuant to Adjournment - present same Judge

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 that the said defendant go thereof without day and it is further considered that the said Noel Richard recover against the said Henry Gratiot and John P.B. Gratiot 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 plaintiffs by their attorney and say they will not further prosecute their said action against the said defendants but volunta- -rily 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 Aaron L Bowen and Samuel Young recover against the said John G. Stevenson and Patrick McCarthy their costs and charges by them about their defence in this behalf expended and that they have thereof execution

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

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 and it is further considered that the said Richard Grooms recover against the said Ann McGee. Administrator of James McGee 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 plaintiffs by their attorney and say they will not further prosecute their said action against the said defendant but

Answer of Daniel H Chapman Garnishee filed

Henry Von Phul and Theodore L McGill the plaintiffs in this case having filed a bond as required by law with John F Darby as his security which is approved of by the court, it is therefore ordered by the court that the said plaintiffs have execution of their Judgment afore- said

Now at this day come the Attorney for the said plaintiff and suggests here to the court that since the commencement of this suit the said John Mullanphy hath died which suggestion is not denied but admitted to be true, and John O'Fallon Administrator of the said John Mullanphy enters his appearance as Administrator as aforesaid thereupon it is ordered that this suit be revived and stand in the name of the said Administrator

No notice of the appeal having been given in this case it is considered by the court that the Judgment of the Justice be affirmed that the said appellant take nothing by his said suit and that the said appellee go thereof without day and it is further considered that the said James Waddell recover against the said Domitille D. St Vrain and Charles D. St Vrain the security in the appeal bond his costs and charges by him about his defence before the Justice expended and also in this behalf expended and that he have thereof execution

No notice of the appeal having been given in this case, it is considered by the court that the Judgment of the Justice be affirmed, that the said appellant take nothing by his said suit and that the said appellee go thereof without day, and it is further considered that the said Thomas Beard recover against the said John Wiser and Neal Walker the security in the appeal bond his costs and charges by him about his defence before the Justice expended and also in this behalf expended and that he have thereof execution

On motion of the defendant by his attorney it is Ruled that the said Isaac Mansfield the plaintiff do file security for costs at least twenty days before the next March term of this court

It is suggested here to the court that since the commencement of this suit Lemon Parker one of the defendants hath died which suggestion is not denied by admitted to be true

On motion it is ordered by the court that the said Ephraim Town Garnishee in this case be discharged, and it is further considered that the said Ephraim Town recover against the said Henry Starr his costs and charges by him about his defence in this behalf expended and that he have thereof execution

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 abated

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

Now at this day come the said appellant by his attorney and the said appellee consenting thereto the said appellant says he will not further prosecute his appeal in this behalf but voluntarily 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 John Chapman recover against the said William Ringer his costs and charges by him 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 also come a Jury to wit John D Kandall, John H Taylor, James P Spencer, Richard Lockwood, Samuel Mount, Charles Collins, Arthur L Johnson, Matthew Kerr, John Whitehill, Hugh O'Neil Jr, Argyle Buchannan and John Cole 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 Coleman Duncan is 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 the time of the committing of the said tres- -pafses-passes the said Ralph was not and is not a slave and they afsefsassess the damage of the said plaintiff by him sustained by reason of the premises to the sum of one cent therefore it is considered that the said Ralph be liberated and entirely set free from the said Coleman Duncan and all persons claiming from, through or under him and it is further con- -sidered that the said Ralph recover against the said Coleman Duncan 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 Charles Bent the Garnishee in this case although solemnly called comes not but makes default nor hath he answered the interrogatories filed by the said plaintiff in this case, it is considered by the court that the said Ewing Young, Zachariah Ham and William Wolfskill who sue to the use of David E Jackson recover against the said Charles Bent garnishee as aforesaid the sum of One hundred and thirty three dollars seventy one cents for their damages aforesaid and also their costs and charges by them about their suit in this behalf expended

Now at this day come again the said plaintiff by his attorney aforesaid 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 as well by reason of the non performance of the promises and undertakings in the declaration mentioned as by reason of the non acceptance of the said bill of Ex- -change to the sum of Three thousand One hundred and Eleven dollars fifty three cents therefore it is considered that the said Peter A Lorimier recover against the said John G Stevenson and Patrick McCarthy 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 again 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 the said plaintiff whereby the said plaintiff remains

therein undefended against him wherefore the said plaintiff ought to recover against the said defend- -ant 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 Seventeen Hundred and five dollars two cents therefore it is considered that the said Ulysses B. Brewster recover against the said Richard H Hardin 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 on motion of the said plaintiff by his said Attorney it is ordered that a Seire facias ifsueissue against the Administra- -tors of John Newman deceased who was summoned as Garnishee to bring in the said Administrators to answer therein

Now at this day come as well the said plaintiff as William Hill and George K Mc Gunnegle garnishees in this case by their respective attorneys thereupon all and sin- -gular the premises are by them submitted to the court which being seen and heard the court do find that the said Gar -nishees are indebted to the said defendants in the sum of Three Thousand nice Hundred thirty five dollars and fifty eight cents, and the said plaintiff consenting to take Judgment for the sum of One thousand five hundred and thirty six dollars eighty two cents being the balance remaining in the hands of the said Garnishees after deducting the amount of the Judgments rendered against them as Garnishees in the cases of the Missouri Insurance Compa- ny of St Louis against John G Stevenson and against Patrick McCarthy and in the case of William H Savage against the said William Hill and George K McGunnegle Garnishees as aforesaid the sum of One thousand five hundred and thirty six dollars eighty two cents

This Judgment against Garnishees is satisfied see Execution book No 3 page 226

The motion of the defendant to grant him a new trial in this case is by the court continued

The motion of the plaintiff to enter up a Judgment on the Verdict of the Jury in this case and of the defendant to grant him a new trial are by the court continued

The motion of the defendant for a new trial in this case is by the court continued

The defendant by his attorney moves the court to rule the plaintiff to file security for costs which motion is by the court continued

The defendant by his attorney moves the court to set aside the Verdict rendered in this case and to grant him a new trial for reasons filed therefor which motion is by the court continued

the Plaintiff by his attorney moves the court the Verdict and Judgment rendered in this case for reasons filed by him which motion is by the court continued

The defendant by his attorney moves the court for a rule on the plaintiff to file security for costs for reasons filed by him which motion is by the court continued

The defendant by his attorney moves the court to grant him a new trial in this case for reasons filed therefor which motion is by the court continued

State of Missouri et 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 March in the Year of Our Lord One Thousand Eight Hundred and thirty four were present Luke E LawlefsLawless Esquire Judge of said circuit, John K Walker Esquire Sheriff of the County of Saint Louis, Beverly Allen Esquire Circuit attorney and Archibald Gamble Clerk

Luke E LawlefsLawless esquire exhibits here in court a commifsioncommission from His Excellency Daniel Dunklin Governor of the state of Missouri appointing him Judge of the third Judicial Circuit of said State until the end of the next SefsionSession of the General AfsemblyAssembly upon which CommifsionCommission endorsed a certificate of the oath of office and which under the direction of the court is read by the Clerk

Be it Remembered that on this twenty fourth day of March in the year of our Lord One thousand Eight Hun -dred and thirty four John Kennedy aged about forty two years a Native of Ireland and a subject of the King of Great Britian and Ireland appears here in open court and proves here to the satisfaction of the court that he has resided in the United States for five years and within the State of Missouri more than one year immediately preceding this application and that during the period of his said residence he has behaved as a good moral character, attached to the constitution of the United States and well disposed to the good order and happinefshappiness of the same and having taken the preparatory steps required by the law of the United States concerning the Naturalization of Foreigners and the said John Kennedy declaring upon oath in open court that he will support the constitution of the United States and that he doth entirely and absolutely renounce and abjure all allegiance and fidelity to every Foreign prince, power, potentate, State or Sovereignty whatsoever and particulary to William the Fourth King of Great Britain and Ireland whereof he was formerly a subject, therefore the said John Kennedy is admitted a citizen of the United States of American.

On the application of Alonzo W Manning Esq to be admitted an attorney and counsellor at law of this court and the court being satisfied that he has been duly licensed by the Honorable Robert Wash one of the Judges of the Supreme Court order that he be enrolled accordingly

Additional count filed by leave

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

Continued at the costs of the plaintiff

Continued for plaintiff at his costs

Replications filed

Answer of Garnishee filed

further procefsprocess awarded

Alias capias awarded

Alias capias awarded

Alias summons awarded

Continued

Continued

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 discon- -tinued therefore it is considered that the said plaintiffs take nothing by their said writ and that the said defendant go thereof without day and it is further considered that the said Noah C Parsons recover against the said William Maddox and Augustin Bowles his costs and charges by him about his defence in this behalf expended and that he have thereof execution

Now at this day come the said defendant by his attorney and the said plaintiff although solemnly called comes not but makes default nor hath he prosecuted his 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 and it is further considered that the said Enoch C March recover against the said Thomas Ingram Jr. his costs and charges by him about his defence in this behalf expended and that he have thereof execution

Now at this day come the said defendant by his attorney and the said plaintiff although solemnly called comes not but makes default nor hath she prosecuted her said suit 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.-

Continued at the costs of the Plaintiff

On motion of the defendant by his attorney and it appearing to the court that the said plaintiff has not filed security for costs as required by the Rule made at the last term of this court it is ordered by the court that this suit be dismifseddismissed from the docket

On motion of the Attorney for the Petitioners it is ordered by the court that the Commifsio- -nersCommissio- -ners appointed by the court in this case do make further report in the premises and that they show therein whether the purchasers at the sale of the property made in this case by virtue of a former order of this court have complied with the conditions thereof

Saturday 5th April 1834 Court met pursuant to Adjournment present as before

John Hope a Native of England aged about Twenty five years appears here in open court and declares upon oath that is 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, power potentate State or Sovereignty whatsoever and particularly to William the Fourth King of Great Britain and Ireland whereof he is at present a subject

Richard Ward a Native of England aged about Thirty 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, potentate state or sovereignty whatsoever and particularly to William the Fourth King of Great Britain and Ireland whereof he is at present a subject

Matthew Kerr the plaintiff in this case having filed a bond as required by law with Joseph CharlefsCharless Jr as his security which is approved of by the court it is considered by the court that the said Matthews Kerr have execution of his Judgment in this behalf

On motion of the plaintiff by their attorney it is ordered that the said Joseph Coddington be notified that an action of AfsumpsitAssumpsit damages Four thousand dollars has been commenced against him by the said John S Rundlett and Charles F Randolph 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 sccording 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 again the parties aforesaid by their respective attorneys aforesaid and thereupon upon mature deliberation it is considered by the court that the motion for a new trial in this case be overruled

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 Rejoinder of said defendant to the ninth Replication of him said plaintiff and the matters and things therein contained in manner and form as the same are set forth and stated in said rejoinder are not sufficient in law to bar or preclude him said plaintiff from having and maintaining his action aforesaid thereof against said defendant and that he the said plaintiff is not bound by the law of this land to answer the same therefore it is considered that the demurrer of the said plaintiff to the Rejoinder of the defendant to the ninth replication of the plaintiff be sustained

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 deli- -beration being thereupon had for that it appears to the Court that the second and third pleas of the said defendant and the matters therein stated in manner and form as therein set forth are not sufficient in law to bar or preclude said plaintiff from having maintaining his said action against said defendant and that said plaintiff is not bound by the law of the land to answer said pleas therefore it is considered that the demurrer of the said plaintiff to the second and

Now at this day come the parties aforesaid by their respective attorneys aforesaid and Thereupon also come a Jury to wit, Edmund Leonard, John H Baldwin, John McCausland, Edward Quigly Robert Payne, David Lawrence, Fredrick Dent, Daniel Finch, John Finney, Thomas J Payne, Andrew King and Zoro Mackay 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 John W Reel did undertake and promise in manner and form as said Boggs hath above thereof complained against him 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 eighty dollars therefore it is considered that the said Thomas J. Boggs recover against the said John W Reel his damages aforesaid in form aforesaid by the Jury afsefsedassessed together with his costs and charges by him about his suit in this behalf expended and that he have thereof execution

This Judgment is satisfied see Execution book No 3 page 239

Now at this day come again the said plaintiff by his attorney aforesaid and the said plaintiff not requiring a Jury to afsefsassess his damages the court refers the matter to Robert Collett David Coonce and Samuel Willi three indifferent and competent persons who being duly sworn well and truly to enquire what damage the said plaintiff hath sustained by reason of the nonperformance of the promises and undertakings in his declaration mentioned report to the court that the said plaintiff hath sustained damage by reason of the premises to the sum of One Hundred and thirty nine dollars seventy five cents which report is approved of by the court therefore it is considered that the said Jeremiah Millington recover against the said Lucy Lawless his damages aforesaid in form aforesaid afsefsedassessed togther with his costs and charges by him about his suit in this behalf expended

The Judge of this court having been of counsel for the plaintiff in this case it is ordered by the court that the Venue be changed to the county of Saint Charles in the second Judicial Circuit of this state and that the clerk of this court do certify and transmit a full transcript of the Record and proceedings in this case together with all papers appertaining to and filed in the cause to clerk of the said circuit court for the county of Saint Charles at the next term thereof

The Judge of this court having been of counsel for the plaintiff in this case it is ordered by the court that the Venue be changed to the county of Saint Charles in the second Judicial Circuit of this state and that the clerk of this court do certify and transmit a full transcript of the Record and proceedings in this case together with all papers appertaining to a filed in the cause to the clerk of the said circuit court for the county of Saint Charles at the next term thereof

Court adjourned until To morrow morning 9 O'Clock

Thursday 10th April 1834 Court met pursuant to Adjournment - present as before

On motion of the plaintiff it is Ruled that a Dedimus ifsueissue to any Judge or Justice of the peace of the state of Illinois to take depositions of witnesses to be read in evidence on the trial of this case on the part of the plaintiff

On motion of Henry Crossle Garnishee in this case the court doth order that the said Henry Crossle garnishee as aforesaid be discharged

undertakings in their declaration mentioned to the sum of One Hundred and thirteen dollars therefore it is considered that the said William Burk and Fanny his wife recover against the said Robert Lyle 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

On motion of the plaintiff by his attorney it is ordered that a Venire ifsueissue to the Sheriff of the County of Saint Louis commanding him to summon Eighteen good and lawful men of his county that they be and appear at the court House on tomorrow then and there to serve as Jurors

Attachment on Fiere Facias Interrogatories and answer of Francois Guerrin 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 fund as the ifsueissue within joined between the parties aforesaid that he the said defendant did undertake and promise in manner and form as the plaintiff hath above thereof complained against him and the court 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 One Hundred and twenty seven dollars ninety three cents therefore it is considered that the said Josiah Lawrence recover against the said Lewis M Alverson (who is impleaded with James Bower) 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.

No notice of the appeal having been given in this case it is considered by the court that the Judgment of the Justice be affirmed and that the said David G Bates recover against the said James M Canfield and William Cox the security in the appeal bond the sum of Forty dollars for his 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 Judgment is satisfaction see Execution book No 3 page 226

The appeal bond in this case having been entered into after the time allowed by law for taking an appeal it is considered by the court that the Judgment of the Justice be affirmed and that the said David B Hill recover against the said Joseph V Garnier and John E Tholozan the security in the appeal bond the sum of Thirty six dollars fifty eight and one half cents for his debt and also the sum of one dollar ninety six 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.-

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 corut what damage the said plaintiff hath sustained by reason of the non performance of the promises and undertakings in his 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

Court Adjourned until To morrow morning 9 O'Clock

Wednesday 16th April 1834 Court met pursuant to Adjournment present as beforer

Now at this day come the parties aforesaid by their respective attorneys aforesaid and neither of the parties requiring a Jury the court refers the matter to William H Boyce Chesterfield S Elam and Thomas H West three indifferent and competent persons who being duly 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 undertake and promise in manner and form as the said plaintiff hath above thereof complained against him and they report to the court 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 six and one half cents, which report is approved of by the court, therefore it is considered that the said Robert Payne recover against the said Rene Paul 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

This Judgment is satisfied see Execution book No 3 page 235

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 Rejoinder of the said defendant to the Replication of the said plaintiff to the second plea of the said defendant and the matters and things therein contained are sufficient in law to bar and preclude the said plaintiff from having and maintaining their aforesaid action against the said defendant therefore it is considered that Rejoiner of the said defendant to the Replication aforesaid be sustained - (Expunged)

This order is Expunged by Order of the Court

Now at this day come again the parties aforesaid by their respective attorneys aforesaid and thereupon upon mature deliberation it is considered by the court that the motion of the defendant for a new Trial in this case be overruled

Now at this day come again the parties aforesaid by their respective attorneys aforesaid and thereupon upon mature deliberation it is considered by the court that the motion of the defendant to set aside the verdict rendered in this case and to grant him a new trial be overruled - an on motion of the said plaintiff leave is given him to take out execution in this case to the county of Marion

Alexander Scott presents his petition to the court praying to be permitted to take the benefit of the Insolvent Laws of this state and it is thereupon ordered that to morrow the seventeenth instant at the Hour of Nine O'Clock in the forenoon be set for the Hearing of said application and the Sheriff required to have the body of said Alexander Scott before the court that time

Plea filed

Replications filed

Plea to Scire facias filed

Claim of Property by Elizabeth Hailey filed

Pleas 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 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 Rejoinder of the said defendant to the Replication of the said plaintiff to the second plea of the said defendant and the matters and things therein contained are not sufficient in law to bar or preclude the said plaintiffs from having and maintaining their aforesaid action against the said defendant therefore it is con- -sidered that the demurrer of the said plaintiffs to the Rejoinder of the said defendant to the Replication aforesaid be sustained

Coiurt adjourned until To morrow morning 9 O'Clock

Thursday 17th April 1834 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 witnefseswitnesses to be read in evidence on the trial of this cause on the part of the plaintiff

Now at this day come the parties aforesaid by their respective attorneys aforesaid and thereupon also come a Jury to wit: Thomas Fogay, John Shade, John W Gillis, William H Boyce, Elbridge G Saunders Andrew J Husbands, Calvin Francis, John Cowie, Henry Becket, John Whitehill: Henry Bolles and Samuel Burks 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 he the said plaintiff is Guilty of the wrongs and greivances 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 not and is not a Slave and they afsefsassess the damage of the said plaintiff by him sustained by reason of the premises to the sum of Five dollars, therefore it is considered that the said Vincent be liberated and entirely set free from the said James Duncan and all persons claiming from through or under him and it is further considered that the said Vincent recover against the said James Duncan his damages afore- said 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 again the said plaintiffs by their attorney aforesaid who not

Section four Township forty five north Range six East containing Eighty acres, sold by virtue of an Execution ifsuedissued from the clerks office of the Circuit court for the county of Saint Louis in favor of John P Boyd and against James Coleman Garnishee of Abram R Woolley- and the said Rungrose D Watson being the highest and last bidder for the same at the price and sum of Sixty three dollars the said four parcels of ground were stricken off and sold to him the said Ringrose D Watson

Now at this day come the parties aforesaid by their respective attorneys aforesaid and the said defendant by his attorney moves the court to grant him a new trial in this case which motion upon mature delibe -ration is by the court overruled- Bill of Exceptions filed

Bill of Exceptions filed

Philip M Govern a Native of Ireland aged about Thirty seven years appears here in open court and declares upon oath that is 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 Foreing Prince, power, potentate, state or sovereignty whatsoever and particularly to William the Fourth King of Great Britain and Ireland whereof he is at present a subject

Now at this day come the parties aforesaid by their respective attorneys aforesaid and thereupon upon motion of the said defendant by his said attorney it is ordered by the court that the first court of the said plaintiffs declaration be stricken out as faulty

On motion of the plaintiffs by their attorney it is ordered that a subpoena Duces Tecum ifsueissue to Jesse G Lindell commanding him to appear forthwith and bring with him a certain deed from John Clark to Robert Quarles to be used on the Trial of this case

Court adjourned until monday morning next 9 O'clock

Monday 21st April 1834 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 Pennsylvania to take the depositions of witnesfseswitnesses to be read in evidence on the trial of this case on the part of the plaintiff-

Continued at the costs of the Plaintiff

Now at this day the said defendant by his attorney and the said plaintiff although solemmly 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 and it is further considered that the said Jonah Nicholson recover against the said George Sproule his costs and charges by him about his defence in this behalf expended and that he have thereof execution

John Bland and Thomas Colemand have Execution if their Judgment in this behalf

Now at this day come the parties aforesaid by their respective attorneys and neither of the parties requiring a Jury the court refer the matter to Hezekiah C Simmons, Samuel McCullough and Augustus Korr three indifferent and competent persons who being duly sworn well and truly to try the ifsueissue within joined between the parties aforesaid on their oath aforesaid report to the court that he the said William Myers did undertake and promise in manner and form as the said Daniel Miller hath above complained against him, and that the said plaintiff hath sustained damage by reason of the nonperformance of the promises and undertakings in the declaration mentioned to the sum of Three Hundred and Eighty one dollars seven cents which report is approved of by the court therefore it is considered by the court that the said Daniel Miller recover against the said William Myers 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 parties aforesaid by their respective attorneys aforesaid and neither of the parties requiring a Jury the cause is submitted to the court to find the facts and determine the Law arising therefrom, and the court after hearing the evidence find the facts to be as follows: That in May in the Year one thousand Eight Hundred and thirty the plaintiff under the statute brought his suit for freedom against Coleman Duncan. that by the order of this court the plaintiff was hired out during the pendency of said suit until sometime in April one thousand eight hundred and thirty one when on motion of said Coleman Duncan in that suit the court made the order of which the following is a copy..Ralph vs Coleman Duncan, It is ordered by the Court the 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 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- the court finds that said James with said Robert Duncan as his security did in April Eighteen Hundred and thirty one enter into a Recognizance agreably to the order of said court and that thereupon said Sheriff did deliver said Ralph into the pofsefsionpossession of said James Duncan, and that in April or May eighteen hundred and thirty one said James delivered said Ralph to said Robert Duncan, the court find that said Robert Duncan kept and detained said Ralph and the slave of said Coleman Duncan until March or April Eighteen Hundred and thirty two, and that the services of said Ralph while thus kept were worth the sum of One Hundred dollars,- The court find that in the spring of eighteen hundred and thirty two said Robert Duncan hired out said Ralph to one David Lawrence as the slave of said Coleman Duncan, that said Ralph worked with said Lawrence at seventy five cents per day until his wages amounted to fifty dollars which sum was paid to said Robert Duncan for the hire of said Ralph, The court find that in the suit commenced by said Ralph against said Coleman Duncan as aforesaid Judg- -ment was rendered by said court at the November term thereof in the eighteen hundred and thirty three that said Ralph was a free persons & that he be liberated from the said Colemand Duncan and all persons claiming by through or under him. These facts in the opinion of the court are not sufficient to enable the plaintiff to have and maintain his suit and from them the court find that the defendant is not guilty in manner and form as the plaintiff has in his declaration alleged. Therefore it is considered by the court that the said plaintiff take nothing by his suit and that the said defendant go thereof without day and it is further considered that the said Robert Duncan recover against the said Ralph alias Ralph Gordon his costs and charges by him about his defence in this behalf expended and that he have thereof execution

Now at this day come again the same plaintiff by his attorney and thereupon also come a Jury to wit, Joseph Bates, Jacob Hawkins, James P Levis, Henry E Stone, Solomon Littlefield, Joseph Long, Isaac Hunt, Robert McQueen William Smith, Calvin Francis, Henry Taylor and John Calvert twelve good and lawful men who being duly elected and sworn well and truly to assess the damage of said plaintiff by him sustained by reason of the trespass in the declaration mentioned on their oath aforesaid do say that the said plaintiff hath sustained damage by reason of the premises to the sum of Thirteen hundred and sixty six cents therefore it is considered that the said Bernard G Farrar recover against the said Martin Thomas his damages aforesaid in form aforesaid by the Jury assessed together with his costs and charges by him about his suit in this behalf expended and that he have thereof execution.

This Judgment is satisfied see Execution book No 3 page 241-

Now at this day come the said defendant by his attorney and the said plaintiff although solemmly called comes not but makes default nor hath he procecuted 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 con -sidered that the said Caldwell Morrison recover against the said Bernard G Farrar his costs and charges by him about his defence in this defence in this behalf expended and that he have thereof execution

Now at this day come the said defendant by his attorney and the said plaintiff although solemnly called comes not but makes default nor hath she prosecuted her said action with effect therefore it is considered that the said plaintiff take nothing by her said suit and that Marie P Ledue 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 action with effect therefore it is considered that the said Adolphe Vincent who sued by Charles D St Vrain his next friend take nothing by his said suit and that the said Marie P Ledue go thereof without day

Now at this day come the said defendant by his attorney and the said plaintiff although solemnly called come not but makes default nor hath she prosecuted her said action with effect therefore it is considered that the said Marcelline Vincent who sues by Charles D StVrain her next friend take nothing by her said suit and that the said Marie P Ledue go thereof without day

George F Strather Esquire presents here to the court the petition of Reuben Morrisson praying that he may be permitted to insti -tute suit against William Morrisson to establish his right to Freedom and that he may be permitted to sue as a poor person thereupon the court permit the said Reuben to sue as aforesaid and direct that an action of Assault and Battery and false Im- prrisonment be commenced against the said William Morrisson in the namre of said Reuben and assign the said George F Strother as his counsel and it is ordered by the court that the said defendant permit the said Reuben to have a reasonable liberty of attending his counsel and the court when the occasion may require it and that the said Reuben the plaintiff shall not be taken or removed out of the Jurisdiction of this court and that he shall not be subject to any severity of treatment on account of his said application for freedom

George F Strother Esquire presents here to the court the petition of Henry Morrisson a colored man praying that he may be permitted to institute suit against William Morrisson to establish his right to freedom and that he may be permitted to sue as a poor person, thereupon the court permit the said Henry to sue as aforesaid and direct that an action of Assult and Bettery and false imprisonment be commenced against the said William Morrisson in the name of the said Henry and assign the said George F Strother as his counsel, and it is ordered by the court that the said defendant permit the said Henry to have a reasonable liberty of attend- -ing his counsel and the court when the occasion may require it and that the said Henry the plaintiff shall not be taken or removed out of the Jurisdiction of the court and that he shall not be subject to any severity of treatment on account of his said application for freedom.-

Friday 2nd May 1834 Court met pursuant to Adjournment - present as before

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 ifsueissue within joined between the parties aforesaid that he the said Cotton M Tabor did undertake and promise in manner and form as the said Augustus H Evans hath above thereof complained against him, and the court afsefsassess the damage of the said plaintiff by him sustained by reason of the non performance of the promises and undertakings in his declaration mentioned to the sum of One Hundred and Eighty Eight dollars seventy nine cents therefore it is considered that the said Augustus H Evans recover against the said Cotton M Tabor 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 Samuel Orr one of the Garnishees in this case having by his answer admitted that he is indebted to the said defendant in the sum of Nineteen dollars nine- -teen cents, therefore it is considered that the said Augustus H Evans recover against the said Samuel Worr the said sum of Nineteen dollars and nineteen cents and that he have thereof execution and for cause shewn it is ordered by the court that the remainder of the persons summoned as Garnishees in this case be discharged

This Judgment is satisfied see Execution book No 3 page 229

Plea Filed.

Now at this day come the said plaintiff by his attorney and says he will not further prosecute his said action against the said defendant but voluntarily suffers the same to be discontinued therefore it is con- -sidered that the said plaintiff take nothing by his said suit and that the said defendant go thereof without day and it is further considered that the said Richard H Law recover against the said James S Thomas his costs and charges by him about his defence in this behalf expended and that he have thereof execution

Now at this day come the said plaintiff by his attorney and says he will not further prosecute his said action against the said defendant but voluntarily suffers the same to be discontinued therefore it is considered that the said plaintiff take nothing by his said suit and that the said defendant go thereof without day and it is further considered that the said Richard H Law recover against the said James S Thomas 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 also come a Jury to wit, John Shannon, Austin Burk, Fielding Bell, William H Grimsley, Christopher Lawton, George Holton, Austin Piggott, Jacob Hawkin, Henry E Stone, Aja Ricketson, Auguste R Chouteau and Gibson Cothern twelve good and lawful men who being duly elected tried and sworn well and truly to try the issue within joined between the parties aforesaid on their oath aforesaid do say that the said Samuel McKinney is guilty of the said trespafstrespass above laid to his charge and every part thereof in manner and form as the said plaintiff hath above thereof complained against him and they afsefsassess the damage of the said plaintiff by her sustained by reason of the premises to the sum of one cent, therefore it is con -sidered that the said Julia be liberated and entirely set free from the said Samuel McKinney and all persons claiming from through or under him and it is further considered that the said Julia recover against the said Samuel McKinney her damages aforesaid in form aforesaid by the Jury afsefsedassessed together with her costs and charges by her about her suit in this behalf expended and that she have thereof execution

This Judgment is satisfied in Execution book No 3 page 239

Saturday 3rd May 1834 Court met pursuant to Adjournment present as before

Now at this day come the parties aforesaid by their respective attorneys aforesaid and the said plaint- -iff moves the court to grant him a New trial in this case for reasons filed by him, thereupon upon mature deliberation it is considered by the court that the Verdict and Judgment entered in this case be set aside and that a new trial be granted

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

Now at this day come the parties aforesaid by their respective attorneys aforesaid and thereupon upon mature deliberation it is considered by the court that the motion in this case in arrest of Judgment be overruled and it is further considered that the said Jacob O Bradshaw recover against the said Isaac A Letcher his damages aforesaid in form aforesaid by the Jury afsefsedassessed together with his costs and charges by him about his suit in this behalf expended and that he have thereof execution

This Judgment is satisfied see Execution book No 3 page 236

On motion of the plaintiff by his attorney it is ordered that the Sheriff of this county do pay over to said plaintiff the money collected by him for the Hire of the said Ralph

The defendant by his attorney moves the court to difsolvedissolve the attachment in this case for want of a suf ficient affidavit which motion upon mature deliberation is by the court overruled

Now at this day come the parties by their respective attorneys aforesaid and the said defendant moves the court to grant him a new trial in this case for reasons filed, 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 for reasons filed therefor which motion upon mature deliberation is by the court overruled

Now at this day come the said defendant by his attorney and the said plaintiff although solemnly called come not but makes 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 Charles Collins recover against the said Anthony W Vanleer, Isaac H Lanier and Wallace Dixon 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 is appears to the court that the plea of the said defendant by him secondly above pleaded and the matters and things therein pleaded and set forth are not sufficient in law to bar and preclude the action aforesaid nor is he the said plaintiff in any will bound by law to reply to the said

execution of his Judgment in this behalf._

The Judge of this court having been of counsel for the plaintiff who is appellee in this action it is order- -ed by the court that the Venue be changed to the county of Saint Charles in the second Judicial Circuit of this state, and that the clerk of this court do certify and transmit a full transcript of this Record and proceedings in this case together with all papers appertaining to and filed in the cause to the clerk of the said circuit court for the county of Saint Charles at the next term thereof

Now at this day come Gustavus A Bird on behalf of the said plaintiff and files his affidavit and prays an appeal to the supreme court which is granted and the Record and proceedings are ordered to be certified accordingly

On motion of the plaintiff and for cause shown it is ordereded by the court that this case be dismifseddismissed from the docket

No notice of the appeal having been given in this case it is considered by the Court that the Judgment of the Justice be affirmed and that the said John Watters recover against the said Adam J Whiteside and RW Chick the security in the appeal bond the sum of Nineteen dollars for his debt and also the sum of eighteen cents for his damages by him sustained by reason of the detentions 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

No notice of the appeal having been given in this case, it is considered by the court that the Judgment of the Justice be affirmed and that the said L.A. Sharp recover against the said George W Fugate and DouglafsDouglass Blue the security in the appeal bond the sum of Ten dollars for his debt and also the sum of Nine 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

No notice of the appeal having been given in this case, it is considered by the court that the Judgment of the Justice be affirmed and that the said Delford Benton recover against the said George W Fugate and Samuel Steel the security in the appeal bond the sum of Twelve dollars and twenty five cents for his debt and also the sum of Eleven 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

No notice of the appeal having been given in this case it is considered by the Court that the Judgment of the Justice be affirmed and that the said Emanuel De Hodiamant recover against the said Jacob O Bradshaw and George Sproule the security in the appeal bond the sum of Twenty dollars for his debt and also the sum of Forty 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

No notice of the appeal having been given in this case it is considered by the court that the Judg- -ment of the Justice be affirmed and that the said Orlando Fish and Dunham Spalding recover against the said George Stephens and Richard RufsellRussell and Lewis McMurry the securities in the appeal bond the sum of Fifty four dollars Seventy five cents for their debt and also the sum of Ninety eight cents for their damages by them sustained by reason of the detention of said debt

his suit in this behalf expended and that he have thereof execution

Now at this day come into court here Mofses Hyatt, John Evans and William Patterson the commifsionerscommissioners appointed by the court to make partition of the land in the petition filed in this case mentioned and described and file and acknowledge their report of partition of the same under their hands and seals and the parties in this case pray the court for Judgment upon the Return and Report of the said commifsionerscommissioners, and no cause being shown by any of the parties against the Justice or Regularity of said petition or Return, the court have confirmed and doth 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 Lewis Patterson is allotted the North half of the said Fractional quarter of the section in the said petition mentioned. To James Coryel is allotted one half of the South half of said fractional quarter adjoining the part of Lewis Patterson on the north- and to John Patterson, Lucy Patterson, Elizabeth Patterson, Hiram Patterson, Sylvester Patterson, and Pryor Patterson Heirs and Representatives of Sanders Patterson deceased is allotted the South quarter part of the said fractional quarter section of land To have to hold the same as above allotted and described to them the parties aforesaid and to their and each of their Heirs and afsignsassigns forever

Court adjourned until To Morrow morning 9 O'Clock

Saturday 10th May 1834 Court met pursuant to Adjournment present as before

On motion of the plaintiff by her attorney it is ordered by the court that the Judgment of the non suit entered in this case be set aside

On motion of the plaintiffs by his attorney it is ordered by the court that the Judgment of Nonsuit entered in this case be set aside

On motion of the plaintiff by her attorney it is ordered by the court that the Judgment of Nonsuit entered in this case be set aside

Bill of exceptions filed

Bill of Exceptions Filed

Now at this day come the parties aforesaid by their respective attorneys and thereupon upon motion of the said plaintiff by his attorney aforesaid it is considered by the court that the non suit and Judg- -ment of reversal entered at this term of this court be set aside on condition that the said appellee do pay the costs incurred at this term of the court

Now at this day come the said defendant by his attorney and prays an appeal to the Supreme Court, in this case and the plaintiff by her attorney waives the filing of an affidavit and consents that said appeal be granted without affidavit the court doth therefore grant said appeal and order that the Record and proceedings be certified accordingly-

plaintiff by him sustained by reason of the nonperformance of the promises and undertakings in his declaration mentioned to the sum of one cent, therefore it is considered by the court that the said Archibald E Orme recover against the said Levi Hutchinson 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

Court Adjourned until To Morrow Morning 10 O'Clock

Thursday 4th. December 1834 Court met pursuant to Adjournment present as before

Now at this day come the said plaintiff by his attorney and says he will not further prose- -cute the 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 action and that the said defendant go thereof without day and it is further considered that the said James H Davis recover against the said David P Ingersoll his costs and charges by him about his defence in this behalf expended and that he have thereof Execution

Matthew Kerr who is personally known to the Judge of this court to be the person executing a deed of Eman- -cipation to Nelson in said deed named personally appears here in open court and acknowledges the Execution of said deed to the said Nelson

Now at this day come the said plaintiff by his attorney and says he will not further prose- -cute his said action against the said defendant but voluntarily suffers the same to be discon- -tinued therefore it is considered that the said Nelson take nothing by his said suit and that the said Matthew Kerr go thereof without day

Replications filed

continued by consent

Zaehariah H Tyler and George Frazier Administrators of James L Holliday deceased appear and enter their appearance in this case, and cause continued

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 he the said defendant did take the said mare mule in the plaintiffs declaration mentioned in manner and form as in said declaration is alleged and as to the second ifsueissue within joined between the parties aforesaid the court do find that the said mare mule in the said declaration mentioned was not at the time in the said declaration mentioned the property of him said defendant in manner and form as he said defendant hath in his said second plea in this behalf alleged and by consent of parties the court afsefsassess the damage of the said plaintiff by him sustained by reason of the taking and detention in the declaration mentioned to the sum of one cent therefore it is considered that the said William L Sublette recover against the said Gabriel Andre his damages aforesaid in form aforesaid by the court afsefsedassessed

This Judgment is satisfied see Execution book No 3 page 254-

by their attorney and thereupon on motion of Alijah Whiting by his attorney it is ordered by the court that the said Alijah Whiting garnishee as aforesaid be discharged- and Elijah Lincoln Garnishee as aforesaid although solemnly called comes not but makes default nor hath he answered the allegations or Interrogatories filed by the plaintiff in this case therefore it is considered by the court that the said William Downer, Peter Henderson and Robert Rathbone recover against the said Elijah Lincoln Garnishee as aforesaid the sum of two thousand one Hundred and Eighty two dollars seventy six cents being the amount for which Judgment was rendered in favor of the said plaintiffs against the said Henry Loomis and also as well their costs and charges in that suit as in this behalf expended and that they have thereof Execution- and on motion of the said plaintiffs by their attorney leave is given them to file additional Interrogatories to be answered by James Smith one of the Garnishees in this case and leave is given to said James Smith to amend his answer therein

Judgment against Lincoln garnishee set aside see page 364

Court Adjourned until To Morrow Morning 10 O'Clock

Thursday 18th December 1834 Court met pursuant to Adjournment present as before

On the application of Philip S. White Esquire to be admitted as an attorney and counsellor at law of this court and the court being satisfied that he has been duly licensed by the Honorable Robert Wash one of the Judges of the Supreme Court of this State and on his taking the oath required by law in open court order that he be enrolled accordingly

No notice of the appeal having been given in this case it is considered by the court that the Judgment of the Justice be affirmed and that the said James R McDonald recover the said Richard W Lane and William Milburn and John H Baldwin the securities in the appeal bond the sum of Sixty two dollars and sixty six cents for his debt and also the sum of one dollar seventy nine cents for his damages by him sustained by reason of the deten- -tion 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 Judgment is satisfied see Execution Book No 3 page 255-

Gustavus A Bird Esquire presents to the court the petition of Judy otherwise called Julia Logan praying that she may be permitted to institute suit against Berry Meachum to establish with her right to freedom and that she may be permitted to sue as a poor person, thereupon the court permit the said Judy Logan to sue as aforesaid and direct that an action of AfsaultAssault and Battery and False imprisonment be commenced against the said Berry Meachum in the name of the said Judy and afsignassign Gustavus A Bird as her counsel and it is ordered by the court that the said Berry Meachum permit the said Judy to have a reasonable liberty of attending her counsel and the court when occasion may require it, and that the said Judy the plaintiff shall not be taken or removed out of the Jurisdiction of this court and that she shall not be subject to any severity of treatment on account of her said application for freedom

Attachment on Fieri Facias Additional Interrogatories and Answer filed

Now at this day come the parties aforesaid by their respective attorneys and thereupon also come a Jury to wit, Frederick L Billon, Alfred Tracy, Herman L Hoffman, Dennis Marks, Harvey L Williams, William C Hull Philip M Govern, George Hood, James R. McDonald, Alexander Labeaume, Edward Latrefse and James Woods twelve good and lawful men who being duly elected tried and sworn well and truly to try the matters in controversy between the parties aforesaid on their oath aforesaid do say that the said defendant is not indebted to the said plaintiff as he the said plaintiff hath alleged therefore it is considered by the court that the Judgment of the Justice be reversed and for nought

This Judgment is satisfied see Execution Book No 3 page 258

his costs and charges by him about his suit in this behalf expended- Bill of Exceptions filed

Now at this day come the parties aforesaid by their respective attorneys aforesaid and thereupon also come a Jury to wit, Joseph C Lareille, Aja Wilgus, Francis H Taylor, Horace P Woodbridge, William Horine, Anthyme S Roland, Thomas N Harris, Conrad Foulk, John G. Shelton, Philip McGovern, John Darst and James Rogers 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 ifuseissue within joined do say that he the said defendant is guilty of the trespafstrespass above laid to his charge in manner and form as the said Louise has above complained against him and as to the second ifsueissue within joined the jurors aforesaid on their oath aforesaid do say that the said Louise is not a slave as he the defendant hath in his second plea alleged and they afsefsassess the damage of the said plaintiff by her sustained by reason of the trespafsestrespasses in the declaration mentioned to the sum of one cent therefore it is considered by the court that the said Louise Vincent be liberated and entirely set free from the said Marie P Ledue and all persons claiming from through or under him, and it is further considered that the said Louise Vincent recover against the said Marie P Ledue her damages aforesaid in form aforesaid by the Jury afsefsedassessed together with her costs and charges by her about her suit in this behalf Expended and that she have thereof execution

Now at this day come the parties aforesaid by their respective attorneys aforesaid and thereupon also come a Jury to wit, Joseph C Laveille, Aja Wilhus, Francis H Taylor, Horace P Woodbridge, William Horine, Anthyme S Roland, Thomas N Harris, Conrad Foulk, John G. Shelton, Philip McGovern, John Darst and James Rogers 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 to say that he the said defendant is guilty of the trespafsestrespasses above laid to his charge in manner and form as the said Adolphe has above in declaring alleged and as to the second ifsueissue within joined the Jurors aforesaid on their oath aforesaid do say that the said plaintiff is not a slave but is a free person as in the decla- -ration is above alleged and they afsefsassess the damage of the said plaintiff by him sustained by reason of the trespafsestrespasses in the declaration mentioned to the sum of one cent therefore it is considered by the court that the said Adolphe Vincent be liberated and entirely set free from the said Marie P Ledue and all persons claiming from through or under him and it is further consi -dered that the said Adolphe Vincent recover against the said Marie P Ledue his damages aforesaid in form aforesaid by the Jury 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 thereupon also come a Jury to wit, Joseph C Laveille, Aja Wilqus, Francis H Taylor, Horace P Woodbridge, William Horine, Anthyme L Roland Thomas N Harris, Conrad Foulk, John G. Shelton, Philip McGovern, John Darstand, James Rogers twelve good and lawful men who being duly elected tried and sworn well and truly to try the ifsuesissue within joined between the parties aforesaid on their oath aforesaid as to the first ifsueissue within joined do say that the said defendant is guilty of the trespafsestrespasses above laid to his charge in manner and form as the said plaintiff has above in declaring alleged against him and as to the second ifsueissue within joined the jurors aforesaid on their oath aforesaid do say that the said plaintiff is not a slave but is a free person as in his declaration is above alleged and they afsefsassess the damage of the said plaintiff by him sustained by reason of the trespafsestrespasses in his declaration mentioned to the sum of one cent therefore it is considered by the court that the said Marcelline Vincent be liberated and entirely set free from the said Marie P Ledue and all persons claiming from, through or under him and it is further considered that the said Marcelline Vincent recover against the said Marie P Ledue his damages aforesaid in form aforesaid by the Jury afsefsedassessed together with his costs and charges by him about his suit in this behalf expended and that he have thereof execution

Peter Lindell the defendant in this case files his affidavit and prays an appeal to the supreme

Saturday 28th March 1835 Court met pursuant to Adjournment- present as before

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 plaintiff take nothing by their said suit that the said defendants go thereof without day and it is further considered that the said Augustus Knapp and Thomas Pogue recover against the said William Hill and George K McGunnegle 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 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 that the said defendant go thereof without say and it is further considered that the said William Fallon recover against the said Charles Bent, Ceran St Vrain and Richard B Lee his costs and charges by him about his defence in this behalf expended and that he have thereof Execution.

On motion of the plaintiff by his attorney it is ordered by the court that the plaintiff have leave to take from the files the note filed in this case

The defendant and moves the court to quash the order permitting the said plaintiff to institute suit in this case which motion is by the court overruled- Plea filed.-

The Judge of this court being of kin to the defendant in this case it is ordered by the court that the venue be changed to the county of St Genevieve in the fourth Judicial Circuit of this state and that the Clerk of this court do certify and transmit a full transcript of the record and proceedings in this case together with all papers appertain- -ing to and filed in the cause to the Clerk of the said Circuit Court for the County of St Genevieve at the next term thereof

On motion leave is given to John F Darby and Peter Lindell to enter their appearance as co-defendants in this case which is done- and Plea filed

The Plaintiff by Mr Magenis his attorney appears here in open court and acknowledges to have received full and entire satisfaction of the Judgment entered in favor of said Benjamin Lawhead against said Azariah Kennedy on the second day of December one thousand Eight hundred and thirty four

Now at this day come the circuit attorney who appears for the State in this behalf and moves the court to enter up Judgment on the Recognizance in this case and it appearing to the court that a Seire facias and an alias seire facias have been ifsuedissued in said case and it also appearing that each of said Seire facias have been returned by the Sheriff defendant not found it is therefore considered by the court that the said State of MifsouriMissouri recover against the said Andrew Wilcox the costs and charges about the said Seire facias in this behalf laid out and expended and that the said State of MifsouriMissouri have execution ofthe said debt of one hundred dollars and also for the costs and charges aforesaid

Now at this day come the Circuit attorney who appears for the State in this behalf and moves the Court to enter up Judgment on the Recognizance in this case and it appearing to the court that a Seire facias and an

into by him individually or Jointly with any other person before his application to the Justice for his discharge which appears by the papers returned in this case to have been on the twentieth day of January one thousand Eight Hundred and thirty five

Harris L Sproat Esquire presents to the court the petition of Daniel Wilson a man of color praying that he may be permitted to institute suit against Edmund Mellvin to establish his right to freedom and that he may be permitted to sue as a poor person there- -upon the court permit the said Daniel Mellvin in the name of the said Daniel Wilson and afsignassign Harris L Sproat as his counsel and it is ordered by the court that the said Edmund Mellvin permit the said Daniel Wilson to have a reasonable liberty of attending his counsel and the court when occasion may require it, and that the said Daniel Wilson shall not be taken or removed out of the Juris- -diction of this court and that he shall not be subject to any severity of treatment on account of his said application for freedom.

Harris L Sproat Esquire presents to the court the petition of Sally a woman of color praying that she may be permitted to institute suit against Edmund Mellvin Senior to establish her right to freedom and that she may be permitted to sue as a poor person, thereupon the court permit the said Sally to sue as aforesaid and direct that an action of afsualtassault and battery and false imprisonment be commenced against the said Edmund Mellvin Senior in the name of the said Sally and afsignassign Harris L Sproat as her counsel and it is ordered by the court that the said Edmund Mellvin Senior permit the said Sally to have a reasonable libery of attending her counsel and the court when occasion may require it and that the said Sally shall not be taken or removed out of the Jurisdiction of this court and that she shall not be subject to any severity of treatment on account of her said application for freedom.

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 thereupon the said defendant confefsesconfesses Judgment for costs therefore it is considered by the court that the said John Kelly recover against the said Henry P Kuchenthal 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 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 suit and that the said defendant go thereof without day and it is further considered that the said John Clark recover against the said Hugh Chatham his costs and charges bu him about his defence in this behalf expended and that he have thereof Execution

Now at this day come the said plaintiff by his attorney and says he will not further prosecute his said action against the said defendant but voluntarily suffers the same to be discontinued therefore it is considered that the said plaintiff take nothing by his said suit and that the said defendants go thereof without day and it is further considered that the said John W Merritt and William Bagley recover against the said John E Shallerofs 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 said action against the said defendants but voluntarily suffers the same to be discontinued, therefore it is considered that the said plaintiff take nothing by his said suit and that the said defendants go thereof without day and it is further considered that the said John W Merritt and William Bagley recover against the said John Gaines 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 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 defendants go thereof without day

and it is further considered that the said John W Meritt and William Bagley recover against the said Thomas Barnett 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 her attorney and says she will further prosecute her said action against William Myers one of said defendants but voluntarily suffers the same to be discontinued as to him therefore it is considered that the said plaintiff take nothing by her said suitwrit against him and that the said William Myers go thereof without day. and the said Daniel Ligon although solemnly called comes not but makes default nor hath he pleaded to the action aforesaid of her the said plaintiff whereby the said plaintiff remains therein undefended against him wherefore the said plaintiff ought to 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, and by consent of parties the court afsefsassess the damage of the said plaintiff by her sustained by reason of the wrongs and grievances in her declaration mentioned to the sum of one cent therefore it is considered that the said Nancy Ligon be liberated and entirely set free from the said Daniel Ligon and all persons claiming from through or under him and it is further considered that the said Nancy Ligon recover against the said Daniel Ligon her damages aforesaid inform aforesaid by the court afsefsedassessed together with her costs and charges by her about her suit in this behalf expended and that she have thereof execution

Now at this day come the parties aforesaid by their respective attorneys aforesaid and thereupon also come a Jury to wit Joseph Dougherty, James C Elsea, Nathan Rammey, George Coruin, David Todd, John H Ferguson, Benjamin Wilder, Hugh O'Neil Jr, William L Williams, Anthony R Bouis, James J Purdy and Samuel Reed 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 do say that he the said Reddin is guilty of the promises 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 Jurors aforesaid upon their oath aforesaid do say that the said defendant was guilty of the said greivances and each and every of them in the declaration aforesaid mentioned within five years next before the commencement of this suit in manner and form as she the said plaintiff hath above thereof complained against him and they afsefsassess the damage of the said plaintiff by her sustained by reason of the Trover and conversion in the declaration mentioned to the sum of Five Hundred dollars- thereupon the said defendant moves the Court to grant him a new trial in this case and files his reasons therefor.

Verdict & Judgment set aside & new Trial granted see page 363

Now at this day come the parties aforesaid by their respective attorneys aforesaid and thereupon also come a Jury to wit Joseph Charles, David Coons, Michael S Cerre, Jared W Folger, David Lawerence, Eli S Clark, Henry G Soulard, Mathew Rippey, Henry Smith, Zeno Mackay, George W David and John Rippey 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 Alexander P Field is guilty of the wrongs and greivances in the declaration of the said Nathan Cole above laid to his charge 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 Five hundred dollars therefore it is considered by the court that the said Nathan Cole recover against the said Alexander P Field his damages aforesaid in form aforesaid by the Jury afsefsedassessed together with his costs and charges by him about his suit in this behalf expended and that he have thereof execution

answer of John H Gay garnishee filed

Pleas filed

was rendered against the said Garnishee, it is therefore ordered by the court that the Judgment rendered in favor of the said John P. Boyd against the said James Coleman Garnishee of the said Abram R Wooley on the twenty eighth day of November in the year One thousand Eight hundred and thirty three be set aside and held for nought

Court Adjourned until Monday morning next the 20th instant 10 O'Clock

Monday 20th April 1835 Court met pursuant to Adjournment- present as before

Now at this day come the said plaintiff by her attorney aforesaid and the said defendant although solemnly called comes not but makes default nor hath he pleaded to the action aforesaid of her 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 to afsefsassess her damages all and singular the premises are by her submitted to the court and the said plaintiff consenting to take nominal damages the court afsefsassess the damage of the said plaintiff by her sustained by reason of the wrongs and grievances in her declaration mentioned to the sum of one cent therefore it is considered by the court that the said Mary Ann be liberated and entirely set free from the said Robert Duncan and all persons claiming from, through or under him and it is further considered that the said Mary Ann recover against the said Robert Duncan her damages aforesaid in form aforesaid by the court afsefsedassessed together with her costs and charges by her about her suit in this behalf expended and that she have thereof execution

set aside page 890

Now at this day come the parties aforesaid by their respective attorneys and thereupon also come a Jury to wit: Jacob Holt, James Barry, William Head, John B Shulty, James P Porter, Bernard M Menomy, John Romine, George Frask, Benjamin L Turnbull, William Waddingham, Henry Gimlin and Moses Stout twelve good and lawful men who being duly elected tried and sworn well and truly to try the matters in controversy between the parties aforesaid on their oath aforesaid do say that the said defendant is indebted to the said plaintiffs in the sum of Twenty nine dollars twenty cents as they the said plaintiffs have alleged against him therefore it is considered by the court that the said Allen Case and Dennis Marks recover against the said Audley P Harris their debt aforesaid in form aforesaid by the Jury found to be due together with their costs and charges by them about their suit before the Justice expended and also about their appeal in this behalf expended and that they have thereof Execution

This Judgment is satisfied see Execution book No 3 page 268.

Now at this day come the said defendant by his attorneys aforesaid 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 con- -sidered 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 Votaw recover against the said Beriah Cleland his costs and charges bu him about hsi defence in this behalf expended and that he have thereof execution

Court Adjourned until To Morrow morning 10 O'Clock

Tuesday 21st April 1835 Court met pursuant to Adjournment present as before

Upon the return of a writ of Habeas Corpus ifsuedissued by the Judge of this court at this chambers to bring Gabriel a slave detained in the custody of the Sheriff of this county before the court_ the said Gabriel being brought here into court together with the cause of his caption and detention as set forth in the retun of the sheriff- upon examination of the matter it is ordered by the court that the said Gabriel be discharged from custody-

Now at this day come the parties aforesaid by their respective attorneys aforesaid and neither of the parties re- -quiring 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 James Loper did undertake and promise in manner and form as the said plaintiff hath in his declaration 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 Two Hundred and twenty dollars forty four cents therefore it is considered by the court that the said John Hearin recover against the said James Loper 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 understoof the court as to the first ifsueissue joined between the parties aforesaid do find that they the said defendants do owe the said sum of money above demanded and every part thereof in manner and form as they the said plaintiffs have above thereof complained against them and as to the second ifsueissue within joined the court do find that they the said defendants did not well and truly pay the said sum of money in said petition alleged in manner and form as they have in said second plea alleged and as to the third ifsueissue within joined between the parties aforesaid the court do find that they the said defendants did undertake and promise in manner and form as they the said plaintiffs have above thereof complained against them and the court do further find that the said defendants are indebted to the said plaintiffs in the sum of Ten hundred and eighteen dollars twenty eight cents and that the said plaintiffs have sustained damage by reason of the detention of said debt to the sum of Forty two dollars twenty five cents therefore it is con -sidered by the court that the said John F Randolph and Charles C Brooks recover against the said Lyman B Shaw and Horatio N CrofsCross their debt aforesaid in form aforesaid by the court found to be due and also 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

Benjamin Lawhead the plaintiff in this case having filed a bond as required by law with Peter Tiernan as his security which is approved of by the court it is considered by the court that the said plaintiff have execution of his Judgment in this behalf

By consent of parties it is ordered by the court that the Judgment by default entered in this case be set aside and leave is given to the said plaintiff to amend his declaration by striking out the name "Mary Ann" and inserting in lieu thereof the name "Julia"

Attachment on Fieri Facias Now at this day come the parties aforesaid by their respective 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 that the said deed of trust in the supplemental answer of John P Reily and Beverly Allen set up is not void and fraudulent as to the said plaint -iff therefore it is considered that the said plaintiff take nothing by his attachment in this behalf and that the said garnishees go thereof without day and it is further considered that the said Beverly Allen and John P Reily garnishees of Richard H McGill recover against the said John J Breban 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 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 that the said defendant go thereof without day and it is further considered that the said Charles Bent recover against the said Alexander Scott and William K Rule his costs and charges by him about his defence in this behalf expended and that he have thereof execution

Now at this day come the said plaintiff by his attorney and says he will not further prosecute his said action against the said defendant but voluntarily suffers the same to be discontinued there- -fore 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 Josiah Seybold recover against the said Henry V Garretson his costs and charges by him about his defence in this behalf expended and that he have thereof execution

It is ordered by the court that Baptiste Delille, Joseph Robidoux, Francois Thibault, Peter D Barada and Louis Guion who were appointed Guardians ad litem in this case do enter into bond in the sum of Two Hundred dollars each

The court order and direct that the Sheriff of the county of Saint Louis take pofsesfsionpossession of the said petitioner 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 petitioner shall at all times during the pendency of this suit have reasonable liberty of attend- -ing his counsel and the court when occasion may require it, and that said petitioner shall not be removed out of the Jurisdiction of this court nor be subject to any severity of treatment on account of this said application for freedom

The Court appoint Edward Bates Guardian ad Litem of Emily Bates, Lucius Lee Bates- Woodville Bates and Frederick Bates minor children of Frederick Bates deceased who accepts to act as such- and files the answer of said minors.

Petition filed by consent Now at this day come the said plaintiff by his attorney and the said defendant by Bates his attorney in fact who produces here to the court a power of attorney from the said defendant the execution where- -of is proved here to the court comes and says he cannot deny the action aforesaid of him the said plaintiff nor but that he is indebted to said plaintiff in the sum of Thirteen Hundred and ninety two dollars fifty three cents as he the said plaintiff hath in his petition alleged for which sum he confefsesconfesses Judgment therefore it is considered that the said James T Sweringen recover against the said Edward A Slicer his debt aforesaid in form aforesaid confefsedconfessed together with 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 10 O'Clock

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 plaintiff by his attorney it is ordered that the said F Tabouet be notified that an action of Assumpsit damages four hundred dollars has been commenced against him by the said Louis A Benoist that a writ of attachment has ifsuedissued against his estate and that unlefsunless he be and appear at the next November term of this court and plead to the action aforesaid according to law a Judgment will be en- -tered 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 Novem -ber term of this court

Court Adjourned until To Morrow Morning 10 O'Clock

Friday 17th July 1835 Court met pursuant to Adjournment present as before

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 therefore it is considered that the said Mary Farnham take nothing by her said writ and that the said Samuel D Walker go thereof without day

Now at this day come the said plaintiff by his attorney and says he will not further prosecute his said action against the said defendant but voluntarily suffers the same to be discontinued therefore it is considered that the said 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 B Meachum recover against the said James E Fenton (who sued to the use of Edward Tracy and Alfred Tracy) his costs and charges by him about his defence in this behalf ex- -pended and that he have thereof execution

Newman Ransbottom who is brought before the court on the writ of Habeas Corpus ifsuedissued in this case having submitted his case to the court on examination of the matter do order that the said Newman Ransbottom be discharged from his enlistment as a soldier in the army of the United States he having made such enlistment while a minor and there fore unable to enter into such a contrast

Now at this day come the said Arend Rutgers and files his disclaimer of all right and interest in and to the said plaintiff and the said Bazil A Allard also appears and presents his petition for the removal of this suit for trial into the next United States court for the MifsouriMissouri District and it appearing on the petition of the said Allard that he is a citizen of the State of Illinois and that the said Paul A Allard claims to be a citizen of this State and it further appearing that the matter in dispute exceeds the value of five Hundred dollars exclusive of costs and the said Allard having offered good and sufficient security for his entering in said United States court on the first day of its next sefsionsession copy of the procefsprocess against him in this suit and also for his there appearing and the same being accepted it is therefore ordered that all further proceedings in this cause in this court be stayed and that the same be removed into the next United States court for the MifsouriMissouri District

John D Daggett and Benjamin Fuler subscribing witnefseswitnesses to a deed of Emancipation from William M Curtifs of New Orleans in the State of Louisiana to Priscilla a mulatto woman aged about thirty two years personally appear here in open court and prove to the court the execution of the said deed by the said William M Curtifs

James Brotherton Esquire Sheriff of the county of Saint Louis appears here in open court and in conformity to the order of this court of the thirteenth of July last acknowledges the Execution of a deed from him as Sheriff as aforesaid to George Morton for a lot of ground in the city of St Louis containing sixty feet French measure in front on Church Street by one hundred and fifty feet like measure in depth bounded on the south by the lot of Antoine Chenie, on the west by Church Street on the north by lots formerly owned by Charles S Hempstead and estate of William Smith and on the east by the lot formerly of Elijah Beebe & of the MifsouriMissouri Bank: sold by the then Sheriff of the County of Saint Louis by virtue of an execution ifsuedissued from the office of the Clerk of the Circuit Court for the county of Saint Louis returnable to the July term of said Court in the year Eighteen hundred and thirty one in favor of Louis Brazeau against the President Direct -ors and company of the Bank of MifsouriMissouri- and the said George Morton being the highest and last bidder for the same at the price and sum of two dollars, the same was stricken off and sold to him the said George Morton

William Dillimore a Native of Ireland aged about twenty three years personally 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, potentate, State or Sovereignty whatsoever and particu -larly to William the fourt King of Great Britain and Ireland whereof he is at present a subject

William Cudmore a Native of Ireland aged about twenty five years personally 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, potentate, State or Sovereignty whatsoever and particularly to William the Fourth King of Great Britain and Ireland whereof he is at present a subject.-

Court adjourned until To Morrow morning 9 - O'Clock

Thursday 6th August 1835 Court met pursuant to Adjournment - present as before

On motion of the plaintiffs by their attorney it is ordered that the said Caleb C Norvell be notified that an action of AfsumpsitAssumpsit damages Seven Hundred dollars has be com- -menced against him by the said Frederick A Klemm and John G Klemm that a writ of attachment has ifsuedissue against his estate and that unlefsunless he be and appear at the next 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 November term of this court -Interrogatories 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 Thomas Ingram Jr did undertake and promise in manner and form as the plaintiff hath above thereof in his said declaration complained against him and the court 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 one thousand seven hundred and sixty seven dollars seventy one cents therefore it is considered that the said Jacob Walter recover against the said George Morton Administrator of Thomas Ingram Jr deceased 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

-said by the court found to be due and also 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, and the said plaintiffs here in court freely remit to the said defendant the sum of one hundred and thirty dollars part and parcel of the debt recovered and aforesaid and also the sum of Twenty one dollars forty five cents part and parcel of the damages recovered as aforesaid therefore it is considered that the said defendant be acquitted and discharged from the sums so as aforesaid remitted

Now at this day come the said plaintiff by her attorney and the said defendant although solemnly called comes not but makes default nor hath he pleaded to the action aforesaid of her said plaintiff whereby the said plaintiff remains therein undefended against him wherefore the said plaintiff ought to recover against the said defendant 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 dollars as she the said plaintiff hath in her declaration alleged and that the said plaintiff hath sustained damage by reason of the detention of said debt to the sum of Four dollars thirty five cents therefore it is considered that the said Ann M Perry recover against the said John B James her debt aforesaid in form aforesaid by the court found to be due and also her damages aforesaid in form aforesaid by the court afsefsedassessed together with her costs and charges by her about her suit in this behalf expended and that she have thereof execution

Now at this day come the said 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 con- -sidered that the said plaintiff take nothing by his said suit and that the said defendant go thereof without day

Now at this day come the said plaintiff by his attorney and 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 plaintiff take nothing by her said suit and that the said defendant go thereof without day

On motion of the plaintiff by his attorney it is ordered that a Dedimus ifsuedissued to any Judge or Justice of the peace of the State of Illinois to take the depositions of witnefseswitnesses to be read in evidence in 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 of the peace of the State of Illinois to take the depositions of witnefseswitnesses to be read in evidence in this case on the part of the plaintiff

Arthur L Magenis and Joshua B Brant subscribing witnefseswitnesses to a deed of Emancipation from Thomas H Benton and Elizabeth Benton to Sarah in said deed named appear here in open court and being personally known to the court to be persons whose names are subscribed to said deed as witnefseswitnesses thereto prove the execution thereof by the said Thomas H & Elizabeth for the purposes in said deed set forth.-

The defendant by his attorney craves oyer of the bill of Exchange declared on

Wilson Faris an Insolvent debtor who applies to the court for his final discharge under the Insolvent laws of this State appears and proves to the court the publication of notice of his intention soto do and said case is adjourned to and set for Saturday next

Justin Castanie an Insolvent debtor who applies to the court for his final discharge under the Insolvent laws of this State appears and proves to the court the publication of notice of his intention soto do and said case is adjourned to and set for hearing on Saturday next

or entered into by him individually or Jointly with any other person before his application to the Justice for his discharge which appears by the papers returned in this case to have been on the Twenty third day of June one thousand eight hundred and thirty four

Peter Warrin an Insolvent debtor who applies to the Court for his final discharge under the Insolvent laws of this state appears here in court and having heretofore proved to the court the publication of notice of his intention so to do as required by law and there being no alle -gations filed against him he is by the court finally discharged under the Insolvent laws of this state and exempted from arrest and Imprisonment by virtue of or for any debt, contract, promise or agreement due from or contracted or entered into by him In- -dividually or Jointly with any other person before his application to the Justice for his discharge which appears by the papers returned in this case to have been on the Twenty Eighth day of September one thousand eight hundred and thirty five

Auguste Durocher an Insolvent debtor who applies to the court for his final discharge under the Insolvent laws of this state appears here in court and having heretofore proved to the court the publication of notice of his intention so to do as required by law and there being no alle- -gations filed against him he is by the court finally discharged under the Insolvent laws of this State and exempted from arrest and Imprison -ment 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 for his discharge which appears by the papers returned in this case to have been on the Fifth day of August one thousan and Eight hundred and thirty five

Augustin Eastin an Insolvent debtor who applies to the court for this final discharge under the Insolvent laws of this state appears here in court and having heretofore proved to the court the publication of notice of his intention so to do as required by law, and there being no all- -gations filed against him he is by the court finally discharged under the Insolvent laws of this state and exempted from arrest and Imprison -ment 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 for his discharge which appears by the papers returned in this case to have been on the first day of August one thousand Eight Hundred and thirty five

On motion of the defendant by his attorney it is Ruled that the plaintiff file security for costs within ten days or this suit will be dismifseddismissed

On motion of the defendant by his attorney it is ordered by the court that the wearing apparel of the said defendant attached in this case be restored to him - & Plea filed

Continued for the plaintiff on the affidavit of Gustavus A Bird

Replications filed

Additional plea filed

Plea filed

Plea filed

Plea filed

Plea filed

Now at this day come the said defendant and presents his petition for the removal of this suit for trial into the next United States court for the MifsouriMissouri District on the ground that he is a Citizen of the State of Illinois and that the matter in dispute exceeds the sum of five hundred dollars exclusive of costs

On motion of the plaintiffs by their attorney it is ordered that the said Benjamin J Gillman be notified that an action of Debt Three Hundred and fifty two dollars ninety cents dama- -ges One Hundred dollars has been commenced against him by the said Joseph C Laveille and Geroge Morton 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 pub -lished in the City of St Louis and at least twenty days before the next March term of this court.

On motion of the plaintiffs by their attorney it is ordered that the said Justice Castanie and Auguste Montague be notified that an action of afsumpsitassumpsit damages Two thousand dollars has been commenced against them by the said Henry Suydam and Willaim Boyd that a writ of attachment has ifsuedissued against their Estate and that unlefsunless they 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 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 March term of this court

Jefse Learch a soldier in the Army of the United States presents his petition and prays for the writ of Habeas Corpus directed to Lieutenant Joseph S Worth of the Army of the United States and it is ordered accordingly requiring him to bring before the court the said Jefse Learch on Thursday morning next at 10 O'Clock together with the day and cause of his caption and detention

Now at this day come the said plaintiff by her attorney and the said defendant although solemnly called comes not but makes default nor hath he pleaded to the action aforesaid of her the said plaintiff whereby the said plaintiff remains therein 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 wrongs and grievances 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 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 and it is further considered by the court that the said Josephine La Course be liberated and Entirely set free from the said Edward Mitchell and all persons claiming by through or under him.

Plea not guilty filed

Replication filed

Now at this day come the said plaintiff by his attorney and the said Nathan Cole Thomas Rule Terre Tenant although solemnly called comes not but makes default nor have they shown any cause why the heir of the said Stephen B Munn in virtue of the Judgment obtained by him on the thirteenth day of August one thousand eight hundred and thirty two against the said Nathan Cole should not be revived and continued on the lands and tenements which were of the said Nathan Cole at the time of the rendition of Judgment aforesaid therefore it is considered by the court that the Judgment rendered in this court on the thirteenth of August one thousand eight hundred and thirty two in favor of Stephen B Munn against Nathan Cole aforesaid for the sum of Eight hundred and sixty three dollars nine cents for his debt and also the sum of Seven hundred and one dollars four cents for his damages by him sustained by reason of the detention of said debt be revived and the lien con- -tinued on the lands and tenements which were of the said Nathan Cole at the time of the rendition of the Judgment

it is further considered that the said John H Gay recover against the said Simeon Bohannon his costs and charges by him about his defence in this behalf expended and that he have thereof Execution

On motion of the plaintiff by his attorney it is ordered that the said Thomas Sloan be notified that an action of AfsumpsitAssumpsitdamages Eight hundred and twenty dollars has been commenced against him by the said Samuel Merry: that a writ of Attachment his ifsuedissued against his estate and that unlefsunless he be and appear at the next March term of this court and on or before the third day thereof and plead to the action aforesaid according to law a Judgment will be entered against him and his said Estate to satisfy them and it is further ordered that a copy of this order be inserted for four weeks succefsivelysucessively in some Newspaper published in the City of St Louis and at least twenty days before the next March Term of this court

continued at the costs of the plaintiffs

continued at the costs of the defendant

the attorney for the plaintiff suggests here to the court that since the last continuance of this cause the said plaintiff hath died which suggestion is not denied but admitted to be true

The plaintiff in this case not having filed security as required by the order heretofore made in this case it is ordered that this suit be dismifseddismissed out of this court

Now at this day come as well the said Adam L Mills as the said defendant by their respective attorneys and thereupon the said Mills by his attorney suggests here to the court that since the last continuance of this suit William G Wetzel one of the plaintiffs in this action hath died wich suggestion is not denied but admitted to be true, and neither of the parties requiring a Jury the court refer the matters in controversy between the parties aforesaid to Frederick A Cummins, Joseph Charlefs and Jared W Folger three indifferent and competent persons who being duly sworn well and truly to try the matters in controversy between the parties aforesaid report to the court that the said defendant is indebted to the said plaintiff in the sum of Thirteen dollars seventy five cents which report is approved of by the court therefore it is considered by the court that the said Adam L. Mills recover against the said Sherman W. Robbins and William R Grimsley the security in the appeal bond his said debt of Thirteen dollars seventy five cents for his 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.-

Now at this day come the parties aforesaid by their respective attorneys aforesaid and neither of the parties requiring a Jury all and singular the premises are by them submitted to the court which being seen and heard and by the court here fully understoof the court do find as to the ifsueissue within joined between the parties afore- -said that the said defendant is guilty in manner and form as the said plaintiff hath above thereof complained against him and they afsefsassess the damage of the said plaintiff by her sustained by reason of the wrongs and grievances in the declara- -tion mentioned to the sum of one cent, therefore it is considered that the said Eliza Tyler be liberated and entirely set free from the said Nelson Campbell and all persons claiming by, from through or under him and it is further considered that the said Eliza Tyler recover against the said nelson Campbell her damages aforesaid in form aforesaid in form aforesaid by the court afsefsedassessed together with her costs and charges by her about her suit in this behalf expended and that she have there- -of Execution

Upon the affidavit of Arthur L Magenis stating that the Rule of this Court has been violated

by the defendant it is ruled that the said Edward Mitchell show cause on Saturday next why an attachment should not ifsueissue against him for a contempt of court in removing the plaintiff out of the jurisdiction of this court contrary to the order of the court made in that behalf

Now at this day come the parties aforesaid by their respective attorneys aforesaid and thereupon also come a Jury to wit, John B Girard, James J. Purdy, Joshua R Hanford, Joseph Charlefs, John Kelly Lambert Deaker, John Ostrander, Jonas Newman, Jarett W Folger, Frederick A Cummins, Philip Cafsilly and William A Sayre 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 guilty of the trespafsestrespasses and wrongs above laid to his charge in manner and form as the plaintiff has above in declaring alleged and they afsefsassess the damage of the said plaintiff by him sustained by reason of the trespafsestrespasses and wrongs in the declaration mentioned to the sum of Fifty dollars therefore it is considered that the said Matthew Kerr recover against the said Martin Thomas his damages aforesaid in form aforesaid by the Jury afsefsedassessed together with his costs and charges bu him about his suit in this behalf expended and that he have thereof execution

Now at this day come the said plaintiff by her attorney and the attorney for the said defendant appears and suggests here to the court that since the last continuance of this case Samuel T McKinney the defendant hath died which suggestion is not denied but admitted to be true whereupon by consent of parties Lucinda Carrington who claims said plaintiff as a slave is made defendant to this action and the said Lucinda Carrington by Hamilton R Gamble her attorney enters her appearance as defendant in this case and says nothing in bar or preclusion of the action aforesaid of her the said plaintiff whereby the said plaintiff remains therein undefended against her 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 her submitted to the court and by consent the court do find that the said plaintiff hath sustained damage by reason of the wrongs and grievances in her declaration mentioned to the sum of one cent therefore it is considered that the said Harriet be liberated and entirely set free from the said Lucinda Carrington and all persons claiming by through or under her and it is further considered that the said Harriet recover against the said Lucinda Carrington her costs and charges by her about her suit in this behalf expended and that she have thereof execution

Mary P Ledue, Rene Paul and Jacob Cooper commifsionerscommissioners appointed by the court to make partition of certain real estate in the petition of the petitioners mentioned and described personally appear here in open court and file and acknowledge their report under their hands and seals and in said report say that they are of opinion that the said lands tenements and hereditaments so to be divided are so situated that a division thereof cannot be made without great prejudice to the owners of the same, and recommend the sale of the aforesaid premises in four lots according to the flat to said report subjoined and making part and parcel thereof, which report is approved of by the court, thereupon it is ordered by the court that the commifsionerscommissioners aforesaid to wit Mary P Ledue, Rene Paul and Jacob Cooper or a majority of them do >proceed to sell the lands and tenements in the said petition and described according to the division thereof made by said com- -mifsioners-missioners at public action on the premises on the second Monday of March next one third of the purchase money to be paid down and the remaining two thirds on a credit of twelve months from the day of sale the payment to be secured by mortgage on the property sold and the commifsionerscommissioners aforesaid are directed to give at least twenty days notice of the time terms and place of the sale in some Newspaper published in the City of St Louis

Thomas O'Hanlon is brought before the court upon the Habeas Corpus ifsuedissued herein whereupon upon examination of the matter upon the return to the writ and it appearing to the court that the said Thomas O'Hanlon who is an enlisted Soldier in the army of the United States was not at the time of his enlistment of lawful age to enter into such contract and that he had not the

and chattels, lands and tenements - the condition of this Recognizance is such that if the said John N A Bentzen shall prosecute his said appeal with due diligence to a decision in the Supreme Court, and that if the Judgment appealed from is affirmed or his appeal dismifseddismissed he will pay whatever of debt, damages and costs have been recovered against him by the Judgment of the circuit court together with the Interest that shall grow due thereon or that he will otherwise perform the Judgment of the Circuit Court and that he will also pay the costs and damages that may be adjudged against him in the Supreme Court upon his appeal then this Recognizance to be void otherwise to remain in full force thereupon the said appeal is granted and the record and proceedings are ordered to be certified up accordingly.-

On the petition for discovery filed in this case the court order that the said John P Reily do answer the Interrogatories exhibited in the said petition on or before the first day of the next term of this court or that he show good cause in court why he should not answer the same

Replication filed

Pleas & Replications filed

Pleas Filed

On motion of the petitioners in this case it is ordered by the court that so much of the preceeding order in this case as directs that the sale of the property in the petition mentioned and described be made on the second monday of MArch next be rescinded and that the sale of the said premises be made on Monday the Twenty Eighth day of December instant on the terms and at the place in the said order mentioned and that the commifsionerscommissioners in the said order mentioned give at least twenty days notice of the time terms and place of the sale as heretofore directed

On motion of the petitioners in the case it is ordered by the court that so much of the order heretofore made herein as directs that the sale of the property in the petition mentioned and described be made on the fourteenth of December instant be and the same is hereby rescinded and that the sale of the property in said petition described be made on the Twenty ninth of December instant on the terms and at the place in the said order mentioned and that the commifsionerscommissioners in the said order mentioned give at least twenty days notice of the time, terms and place of said sale as heretofore directed

Now at this day come again the said defendant by his attorney and it appearing on the petition of the said Pierre Menard that he is a citizen of the State of Illinois and that said AgnefsAgness claims to be a citizen of the State of MifsouriMissouri and it further appearing that the matter in dispute exceeds the value of Five hundred dollars exclusive of costs and the said Pierre Menard having offered good and sufficient security for his entering in the united States court for the MifsouriMissouri district on the first day of its next fesfsionsession copy of the procefsprocess against him in this suit and also for his there appearing and the same being accepted it is therefore ordered that all further proceedings in this cause in this court be stayed and that the same be removed into the next United States court for the MifsouriMissouri district

Now at this day come into court here Mary P Ledue and Rene Paul two of the com- -missioners appointed by the court to make partition of the lands and tenements in the petitions of the petitioners mentioned and described and file and acknowledge their report under their hands and in said Report say that it appears to them that