Be it remembered that at the trial of this
cause, the plaintiff, to prove the issues on his
part, gave in evidence the letters of administration
of JosephJoseph Cunningham CunninghamJoseph Cunningham on the estate of DavidDavid Cunningham
CunninghamDavid Cunningham (which being regular & sufficient
to prove the issue for the plaintiff, it is agreed shall
not be inserted) Also the deposition of Orville
Shanks as follows (-insert it-) And the
testimony of WilliamWilliam H AshleyH Ashley , of the
following purport - Jedediah S. Smith, DavidDavid E
EDavid E . JacksonJackson , and WilliamWilliam L Sublette composes
the firm of Smith JacksonJackson & Sublette - who
were engaged in the fur trade in the extreme west.
The partnership began in July or August in 1826, and as witness has understood
in the fall of 1830, or spring of 1831. Witness
attended to the pecuniary interests of the firm at
St LouisSt Louis - received the return furs sold them
- paid over money Witness does not personally
know that DavidDavid Cunningham CunninghamDavid Cunningham was in the
service of the firm, but understood that
he was, heard it from various persons &
thinks from some of the members of the
firm - that he went with MrSmithSmith to
CaliforniaCalifornia or in that direction, & was engaged
in that expedition when he was killed - that
he was employed as a hired man that in
October 1830, at the house of Witness, in St LouisSt Louis,
a settlement was made between JosephJoseph Cunningham
CunninghamJoseph Cunningham admr, of DavidDavid Cunningham CunninghamDavid Cunningham

and the firm. Thinks both Smith & Sublette were
present but is not sure as to SubletteSublette - Did not
not pay particular attention to the settlement,
as he had nothing to do with it except that he
paid the money, when the balance was struck
receipt given. He identifies the receipt in
the following words " St. LouisSt Louis - Received the
ânineteenth day of October AD 1830 from
âSmith JacksonJackson & Sublette, the sum of two
âhundred and Fifty dollars, in full of all
"demands of DavidDavid Cunningham CunninghamDavid Cunningham deceased
âas settlement - JosephJoseph Cunningham CunninghamJoseph Cunningham
Administrator â

& proves the body of it to be in the handwriting of
JedediahSmithSmith . The witness does not believe
that any regular books of accounts, were provided
at the settlement - Had understood that most
of the papers of the firm had been destroyed
by the indians in the mountains. He
states that D. Cunningham was at one time
in his employ in the fur trade in the mountains
in 1824 - understood that he afterwards
did business as a free man - that is on his
own account. Persons dealing in that way
usually get their outfits from the larger
regular traders, consiting of horses traps
& goods, amounting commonly to about $ 500

The defendant gave in evidence the
receipt above mentioned, and the deposition
of Robert Evans as follows (here insert the deposition) - And no further evidence
was given on either side

Neither party requring a jury, the court refered
the cause to three auditors, and the evidence being
submitted to them; and thereupon the court
instructed the auditors that "there is no