Andrew, a boy of color, by and through his next friend, Judy v. John B. Sarpy
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[missing figure]
AndrewAndrew
vs
John B SarpyJohn B Sarpy

John B SarpyJohn B Sarpy the above named Deft
oath that PeterPeter Menard MenardPeter Menard is a material
witness for him on the trial of the above cause that there
is no other witness in attendance upon whose testmony
the said Deft can Safely rely to prove the potential facts
that the said Peter MenardPeter Menard is expected to prove, the Deft
belives that he cannot safely go to trial without the testimony
of the said MenardMenard , that said MenardMenard is not
absent by the consent connivance or procurment of this
affiant. Affiant states that he believes the testimony
of said MenardMenard of great importance on his behalf
and affiant further states that said MenardMenard is a resident
of KaskaskiaKaskaskia IllinoisIllinois, and at the request
of this affiant came from home to St LouisSt Louis in order
that he might be a witness on behalf of this affeant
at the present term of this court affiant also
states that said MenardMenard was in the city of St LouisSt Louis
during the present term of this court but has since
left without giving affiant sufficient notice
to enable him to take the deposition of said
witness; affiant states that he would have taken
the deposition of said witness before the setting of this court but that he preferred
the oral testimony of said menard and always
throught that be would be able to have the same
whenever the cause might be set for trial, is the
reasons why be did not take said witness' deposition
affiant States that if a continuance is granted to him
be will be able by the next term of this herecourt to
procure the testimony of said MenardMenard , Affiant
further states that, he has received intelligence
within a few days past, That important
evidence for his defense may be obtained at
Vincens IndianaIndiana, by going or sending for the
same, Which was discovered too late for this
affeant to have the same at the present term of this
Court

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Affiant States that, he verily believes that if he
is forced to trial at the present term that
manifestinjustice will be done him, affiant
states that should this here court grant unto him continuance that he believes he well be able
to procure all the tesitmony necessary for his
defence by the next term of this Here court
Affiant further states that this continuance
is not asked for vexation or delay but
for the attainment of justice alone

John B SarpyJohn B Sarpy

Sworn to and subscribed in
open court this 29th Nov. 1837

John RulandJohn Ruland Clerk