Before me John RulandJohn Ruland , Clerk
of the St. Louis Circuit CourtCircuit Court, personally appeared
B. F. Thomas, who being by me duly sworn upon his
oath states that on or about the 4th day of February
last part HenryHenry L. CobbL Cobb , placed in his hands
some business which he desired affiant to attend to for him during his absence said Cobb's absence
from the City of St. LouisCity of St Louis - that among other
said CobbCobb , desired affiant to attend to a suit in the
St. Louis Circuit CourtCircuit Court entitled Louis ChouteauLouis Chouteau
vs.Gabriel S. ChouteauGabriel S Chouteau - that in the morning of the day
on which said case was set for trial - affiant
with JosiahJosiah Spalding SpaldingJosiah Spalding Esq. attorney offered on
the part of the defendant, about the trial of saidsuit
and informed said Shalding that said CobbCobb desired
a continuance of said case until his return from
the City of New OrleansOrleans - said SpaldingSpalding replied
that it was of no avail for said case had been
settled by a decisionof ourSupremeSupreme Court CourtSupreme Court in a

similar case there lately decided - affiant remarked
that he knew nothing about said case, in SupremeSupreme Court
CourtSupreme Court , and perhaps, Mr. CobbCobb , relied upon other prints
his suit and after said conversation,
according to affiant best knowledge and belief
and SpaldingSpalding agreed to a continuance of the case
until said Cobb's return: said affiant further
states that he was present in the court on the
morning on which said case was set for trial
but that he did not hear said case called per trial
on its regular order, and therefore said affiant
inferred that said Shalding had continued
said case in accordance with the understanding between
him and affiant.