and for as much as your Orators are utterly by the
strict rules of the common
law, and cannot have a discovery of the truth of the several matters aforesaid, but by the
Corporal Oath of the said Samuel B. SmithSamuel B Smith nor can your Orators be let into the said
several equitable matters herein before stated, nor have an account of the siad partnership
concerns without the aid and assistance of a court of equity, before the honourable the
superior court of the Territory of MissouriMissouri sitting as such, where matters of this nature
properly cognizable and relievable-. To the end therefore that the said Samuel B. SmithSamuel B Smith
may upon his corporal oath, full, true, distinct and perfect answer make to all and
singular the matters and things herein before set forth as fully and particularly as if the
same were here again respected and he thereunto particularly interogated, and more
especially that he may set forth and discover.
1st Whether the Terms of said partnership are not as herein before stated, and if not
then what were they-?
2nd Whether the whole capital Stock of said company and equipments were not of the
amount herein stated and the purchases of Peltries & by the company as herein also stated?
3rd Whether the said SmithSmith & Manson did not take two thirds of the goods to trade
upon as herein stated- and your orator Connelly the remaining third, and also
whether the Invoice of the goods that were not sold, and returned into the common stock
set forth and if not the
4th Whether the amount of said goods to SmithSmith and
Manson and unacc-
ounted for the the said company are correctly stated and if not what was the amount
5th Whether the said several charges and accounts herein stated against the said SmithSmith are
not correct and if not what should they be- and what Items ought and what
ought not be charged thereof against said SmithSmith ?
6th Whether there was not an agreement to settle the said matters as herein stated and said
suit dismissed upon the faith of that agreement?
7th Whether there was not a submission & award as herein stated and a refusal upon the part
of said SmithSmith to comply with the award upon the request of your Orators?-
8th Whether the said SmithSmith did not file his bill in Equity which is now pending against your
Orators as herein stated and did not he proceed pending the same against your
Orators with his writs de retorno habendo and enquiry as herein before stated, and
were not damages and Judgment given as stated?-
9th Whether the said SmithSmith & Manson did go to the River St Pierre with their
when their agreement with your Orator Connelly was to go- and what was the reason
10th Whether your Orator Connelly did not write to said SmithSmith to bring the goods back to
where he was informing him that most probably he could dispose of them there, and
what was the reason that he did not bring them?
11th What was the reason said SmithSmith did spend so much of his time in
company unnecessarily and to a large amount by paying extravagant lire all which
your Orators have since had to pay?
12th Whether all the Exhibits of accounts and Invoices are just and correct and
if not how are they not so?
And may it please your honors to grant unto your
Orators, your writ of Injunction directed to the said Samuel B. SmithSamuel B Smith his attorney's
counsellors, agents and all concerned, and to the sheriff of the county of St LouisSt Louis
matter shall be heard in your honorable court, and also your honor's gracious
writ of subpoena directed to the said Samuel B. SmithSamuel B Smith to be and appear on a
certain day to be named therein and under a certain, to answer unto Your honors all
and singular the matters and things above alledged against them, and that the
Honourable court shall grant unto your orators such other and futher relief
as to your honors shall seen proper- And your orators will ever pray