Louis Scott, a man of colour v. William Burd
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Depositions
of witness, produced, sworn and examined at the office of FrederickFrederick Kretcshmar, a Justice of the peace for and within the County of Saint LouisCounty of Saint Louis, State of MissouriMissouri, before me,
the said Justice, in a certain came now depending in the St. Louis Circuit CourtCircuit Court, State of MissouriMissouri,
between Louis ScottLouis Scott , plaintiff, and William BurdWilliam Burd , defendant, on the part of the said plaintiff:

BernardBernard Smelter, of lawful age, being produced, sworn and
examined on the part of the plaintiff, deposeth and saith:

I know Louis ScottLouis Scott , a mulatto man, the plaintiff, and also WilliamWilliam Burd
BurdWilliam Burd , the defendant. I bought in the year 1835. of Mr.BurdBurd ,
the defendant, two stills, one new one and an old one; I also brought
in, at the same time, an old still, to have it mended at the shop
of Mr. BurdBurd . The new still, which I took over to my place of
residence in Saint Clair County, State of IllinoisIllinois, proved upon trial
to be defective; and I returned to St. LouisSt Louis, making Mr.BurdBurd acquainted with this fact, and requesting him to send over some of his
hands, to get the still put in good order. Mr. BurdBurd wanted
to send his black man, Louis ScottLouis Scott , over to my place of residence,
to make the necessary repairs, I preferred a PennsylvaniaPennsylvania
German, in the employ of Mr.BurdBurd , as I could better speak
with him, but his family being sick, I could not have him
and then said mulatto Louis ScottLouis Scott came over to me with the
son of Mr.BurdBurd - The son of Mr.BurdBurd showed Louis what to
do on the still and assisted in the repairs, he then left, the day after
their arrival, leaving Louis at my house to complete the work.
Louis remained at work on the still until Friday or Saturday (he
and the son of Mr.BurdBurd having commenced on Monday morning, preceding
said Saturday.) The still did not prove sound after these repairs, and I returned to Mr.BurdBurd , requesting him to take it back.
I sent the still to him, it was weighed, and I was credited for the
weight of the still at the rate of old Copper. Mr. BurdBurd also presented
to me an account of some twenty or thirty dollars for said repairs,
and demanded of me payment for of the amount thus accruing,

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I had given Mr.BurdBurd an endorsed note for the first Bill, being for said new
still,, the old one, and for the repairs done in St. LouisSt Louis on the old still I had sent there
He, Mr.BurdBurd , now claimed of me a balance of some $150, after having
deducted the value of the returned new still as aforesaid. I considered this
balance extravagant and determined not to pay the same, unless compelled
by law. I was sued for this amount, and deprived of my defense by
my Endorser's settling the matter. This Endorser was John SchriberJohn Schriber
who afterwards sued me for the amount paid for me. Before I was sued by Mr.BurdBurd , he sent me a Bill to IllinoisIllinois of the above mentioned amount
(about $150), which included an account of (from 20 to 30 dollars)
for the repairs done on the new still in IllinoisIllinois by the said Louis ScottLouis Scott ,
and also an additional item for the materials used in said repairs. I offered
to settle the Bill by him a horse and some corn, but the
person presenting the Bill, refused to accept of them. As for as I know,
the settlement made by Mr. Schriber, my Endorser, with Mr. BurdBurd ,
embraced all I owed Mr. BurdBurd , and included the aforesaid charge for
repairs done by Louis ScottLouis Scott at my residence; and for which amount I gave my note to Mr. Schnider, which is still held by him All the
transactions with Mr. BurdBurd , here referred to, were with him, I did not
know of Mr. Tildin until about a year afterwards, when I was sued.-
When the son of Mr. BurdBurd left my house, he told me to keep Louis ScottLouis Scott there
until the repairs should be fully completed by him. I controlled him
in his work, until he left; I paid his boarding during his stay. Louis was boarded at Kennedy's boarding house in JacksonvilleJacksonville or Pomgam,
StSt Clair County. ClairSt Clair County CountySt Clair County, IllinoisIllinois. There was no one at my house to superintend
the work of Louis, after the son of Mr. BurdBurd had left, except myself.
Further deponent saith not.

BernardBernard Smelter