from said Hendersons at the time
of
his said visit to MississippiMississippi, and instituted a
suit
aganist them therefor, which has been -
that the said Duty did obtain
some funds at the time by
loan
from the bank at VicksburgVicksburg in MississippiMississippi
which he brought back with him to St LouisSt Louis
and this defendant
further says that he is
informed and believes that on or about
the
twenty fourth of February 1838 the
said Duty
was indebted to said David CoonsDavid Coons in about
sum of thirty
seven hundred dollars, when
a settlement took place between them and
a portion of the so
debt was paid by Duty,
that the said David
CoonsDavid Coons afterwards made
further advances for said Duty and paid
of said Duty at his request
and that said Duty on the time of the his death
was mostly
debted to the said DavidDavid Coons
CoonsDavid Coons in the
amount of thirty six
hundred and eighty four 18/100 dollars, by the amount
of interest that had accured on the claims
from
the time of said Duty, death till the time of
the allowance
of the demands in the CountyCircuit Court
CourtCircuit Court in
favor of said David CoonsDavid Coons
And this defendant further answering,
utterly
denies each and every
charge, allegation or
insinuation of
fraud against him in relation
to
the destruction or suppressing of any
note
or receipt or other valuable paper or evidence
of debt
belonging to said Duty or in his possession
at the time of his death as in said bill
set
forth, and says that all the said charges
are
false:- That on the night of said Duty'sDuty's
death,
BraxtonBraxton , one of the complainants came
to the house where this defendant and though
that the said Duty was dying or dead and
requested this defendant to return
with him to the house of said Duty- That
this defendant and the said Gallagher
being then in bed, immediately rose, and
to the house of said Duty and arrived
there at about the hour of twelve o'clock
atnight, where he found that
said Duty was dead- That he examined the
corpse and observed that it looked very
dark and that there were other remarkable
appearances about it- That he questioned
such of the complainants as were present
minutely as to the cause of said Duty'sDuty's
death, and was informed by them that he
had been a little indisposed for a day or
two and had taken the day before
and drunk cold water on that day and
died very suddenly. That after having made
the said examination and inquiries and
such provisions for the shrouding of the corpse
as the circumstances required, the said PrestonPreston
pointed out to this defendant the trunks
and personal effects of said Duty
in the house and requested this defendant
to take charge of the same that said Gallagher
also requested this defendant to take possession of the
same; That this defendant and said
Gallagher then proceeded to examine
the papers and contents of the trunk in the
presence of the complainants and all
others who were present in the house at
the time, and took a memorandum
or inventory of the amount of money and
papers found - that the trunk containing


