United States v. John Johnston
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aspens,
David Musick, - 400
George Smith - 400
StSt Louis LSt Louis - 800
Witherington - 170
MartinMartin - 200
of alais John
146
S the of John 200
ThomasThomas Witherington - 80
Adam MartinAdam Martin

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United StatesUnited States
vs
John JohnsonJohn Johnson

Larceny,Nov Term 1808
26

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Territory of LouisianaLouisiana,
District of St LouisSt Louis

In quarter session,November Term 1808

The grand Jurors, of the United StatesUnited States for the
Body of the District of St LouisSt Louis upon there oaths do present, that
Aqiulla Lowe William StWilliam St Clair ClairWilliam St Clair , and John JohnstonJohn Johnston all late
of the District of St LouisSt Louis on the third. day of September the year one thousand eight hundred and eight with force
and arms, at the township of in the District of
St LouisSt Louis and Territory of LouisianaLouisiana, one bay mare, of the value
of one hundred dollars lawful, money of the United StatesUnited States and
one Black mare of the value of one hundred dollars lawful,
money of the United StatesUnited States and one mare of the value
of fifty dollars lawful money of the United StatesUnited States and
one mare of the value of fifty dollars lawful
money of the United StatesUnited States, and one Bay of
the value, of ten dollars lawful money of the UnitedUnited States
StatesUnited States, and one Bay horse colt, of the value of ten
dollars lawful money of the United StatesUnited States, of the goods
and goods and chattels, and the property of one James RogersJames Rogers then and
there being, being, found in the district
feloniously, and Steal take, drive, lead, and carry away
the Stated in in said case, made and provided
and against the peace, and dignity, of the United StatesUnited States

John ScottJohn Scott Atty

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4322265
a True Bill

formeman,

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JamesJames his

X

Mark Rodgers Prosecutor
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Territory of Lousiana


District of S LouisS Louis


ss

The United StatesUnited States of AmericaAmerica to the Sheriff of the District
of Saint Greeting

You are hereby commanded to take AquillaAquilla Low, WilliamWilliam St clair
and John JohnstonJohn Johnston , if they may be found in the District of St and have
their bodies, before the Judges of our Court of quarter, sessions to be holden at the town
of S LouisS Louis within and for the district of St LouisSt Louis on the first monday of March next
then there to answer unto the United StatesUnited States of and on a certain indictment, for Horse
stealing found against them by the grand Inquest of the District of Saint LouisDistrict of Saint Louis
at the last November Term of the court aforesaid, and have you then there
this writ

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Witness The honourable presiding Judge
of our said Court at S LouisS Louis aforesaid the twenty- seventh day of November in the year of our Lord one thousand eight hundred eight and of the
independence of the United StatesUnited States the thirty third

Tho RiddickRiddick Clerk

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St LouisSt LouisDistrict CourtCircuit Court of
Quarter session


March Term 1809
United StatesUnited States
vs
AquillaAquilla , Low
William St ClairWilliam St Clair &
John Johnston

Capias
on Indictment,
for horse stealing,

Executed on John JohnstonJohn Johnston
who is recognized to court
and the recognizan herewith
enclosed AquillaAquilla , Low &
Wlm., St ClairSt Clair not found

H Sheriff

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- 1.00
mileage - 6.00
By order of The Court 1.00
two non $ 8.00

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The United StatesUnited States
vs
John JohnstonJohn Johnston
AquillaAquilla low, &
William St ClairWilliam St Clair

In the Court of quarter, session for the district
of St LouisSt Louis

CapiasCapias on indectment, for horse stealing

Be it remembered that on the 24 day of February 1809 before me the subscriber one of the judges of the general, Court
for the Territory of LouisianaLouisiana personally,, appeared John JohnstonJohn Johnston
one of the above named defendants & acknowledged himself
to stand indebted, to the United StatesUnited States in the sum of One
thousand Dollars & also Edward Johnston who likewise,
acknowledge himself is indebted, to the said United StatesUnited States in
another sum of One Thousand Dollars &C.

Upon this condition that the said John JohnstonJohn Johnston shall be
& appear before the Judge of the Court of quarter, session
for the district of St LouisSt Louis at St LouisSt Louis on the
first monday of March next to aforesaid, the aforesaid in
dictment, & not to depart from the said Court
without leave then the aforesaid to be
said otherwise, to remain in full form, &

A- cknowledged, before me at the of the
the day of aforesaid

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26

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Territory of LouisianaLouisiana
District of Saint LouisDistrict of Saint Louis

ss.

The united States of america

26

Be it remembered that heretofore to wit, a Court of
Quarter sessions, of the peace began and holden at the town of Saint LouisSt Louis
in and for the District of Saint LouisDistrict of Saint Louis on the first Monday being the
seventh day of November in the year of our Lord One thousand eight hundred and Eight the grand inquest for the body of the District of SaintDistrict of Saint Louis
LouisDistrict of Saint Louis, being first duly elected, and sworn according to Law, returned
into Court the following Bill or Presentment, to wit.

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Territory of LouisianaLouisiana
District of Saint LouisDistrict of Saint Louis

Quarter ession
November Term 1808

The grand jurors, of the United StateUnited States for the Body of the
District of Saint LouisDistrict of Saint Louis upon, their oaths, do present that AquillaAquilla Lowe, William
St. Clair and John JohnstonJohn Johnston all late, of the District of St. LouisSt Louis on the third day, of September in the year one thousand eight hundred and eight, with force &
arms at the township of in the District of Saint LouisDistrict of Saint Louis and Territory
of LouisianaLouisiana one bay mare, of the value, of the hundred Dollars lawful money,
of the United StatesUnited States and one, black mare, of the value of One hundred
dollars lawful money of the United StatesUnited States and one mare, of the
value of Fifty Dollars lawful money of the United StatesUnited States and one Roan,
mare of the value of fifty dollars lawful money of the United StatesUnited States and One
Bay mare colt, of the value of ten dollars lawful money of the United StatesUnited States
and one Bay horse horse, of the value of Ten Dollars lawful money of the
United StatesUnited States of the Goods and Chattels and the properyy of one JamesJames Rogers ,RogersJames Rogers
then and there being found in the township and District aforesaid
ly did take, steal, drive, lead and Carry away against the Statute in such
case made and provided and against the peace and dignity of the UnitedUnited States
StatesUnited States signed John ScottJohn Scott Attorney General on which said Bill is the following
endorsement to wit,, a True, Bill signed W Christy foreman.

Whereupon, the Court order that a CapiasCapias issue against the said AquillaAquilla ,
Lowe,, William St ClairWilliam St Clair and John JohnstonJohn Johnston , to the Ditrict of St.
returnable to the next term of this Court to be at the town of
St LouisSt Louis in and for the District a aforesaid on the first Monday of
March in the year of our Lord One thousand Eight hundred and nine
which in issuance, of the above order to wit, on the twenty seventh day of november thousand eight hundred and eight was accordingly done,
in the following words and figures to wit.

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Territory of LouisianaLouisiana
District of Saint LouisDistrict of Saint Louis

ss.

The United StatesUnited States of AmericaAmerica to the
Sheriff of the District of Saint
Greeting

You are hereby commanded to take AquillaAquilla Lowe,
William St. Clair and John JohnstonJohn Johnston if they may be found in the
District of Saint and have their bodies, before the judges of

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of our Court of Quarter sessions to be holden at the town of St. LouisSt Louis
within and for the District of Saint LouisDistrict of Saint Louis on the first Monday of March
next then there to answer unto the United StatesUnited States of and on a, certain
Indictment, for horse stealing found against them by the grand Inquest
of the District of Saint LouisDistrict of Saint Louis at the last November Term of the Court
aforesaid and have you then there this writ

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Witness the honourable
Silas BentSilas Bent presiding Judge of our said Court at St. LouisSt Louis
aforesaid the twenty seventh day of November in the year of our Lord one thousand Eight hundred and Eight and of the Indefendence of the United StatesUnited States
the thirty third

Signed

Clerk

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And afterwards to wit At a Court of Quarter sessions began and
holden at the town of Saint LouisSt Louis in and for the District of Saint LouisDistrict of Saint Louis
at the said Term of March in the year one thousand eight hundred and NineHenryHenry Dodge Esquire, Sheriff of the District of Saint
on the Casius, issued pursuant to the order of the Court at the last
term returns that he has executed the same on JohnJohn Johnston JohnstonJohn Johnston ,
and returns his here into Court, which said
is in the following words and figures to writ.

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The United StatesUnited States
vs
John JohnstonJohn Johnston
AquillaAquilla Lowe, &
William St. Clair

In the Court of Quarter Sessions, for the
District of St. LouisSt Louis

Casius, on Indictment for horse stealing

Be it remembered, that on the 24th day of February 1809 before me the subcriber one of the judges of the
General Court for the Territory of LouisianaLouisiana personally appeared,
John JohnstonJohn Johnston one of the above named Defendants & acknowledged
himself to stand indebted to the United StatesUnited States in the sum of One
thousand Dollars & also Edward Johnston who likewise acknowledged
himself indebted to the said United StatesUnited States in another
sum of One thousand Dollar &c. upon this condition that
the said John JohnstonJohn Johnston shall be and, appear before the
Judges of the Court of Quarter Sessions, for the District
of St. LouisSt Louis at St. LouisSt Louis on the first Monday of March next
to answer the aforesaid indictment & not to depart from
the said Court without leave there the aforesaid recognition,
to be void otherwise to remain, in full force and virtue,
acknowledged before me at the District of St.

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the day & year aforesaid signed Otho,
whereupon, at the said Court on the second, day of the Term last
aforementioned, the said John JohnstonJohn Johnston in his own
proper perosn and to the said indictment, pleads not Guilty a
for trial puts himself upon the country and the said attorney
General doth, the like, therefore let a jury come,
whereupon the sheriff returned into Court the following persons, as jurors,
to wit,, Thomas Lafferty, ElishaElisha Crasby,
John Ball, GabrielGabriel Long John Johns Robert Buckannon, Ezekial,RogersRogers
Willis Hensley,, John Basey & Michail Miller twelve good & lawfull
men, duly elected tried and sworn, James RogersJames Rogers being offered as a
Witness was objected to by RufusRufus Easton ,EastonRufus Easton Esquire, attorney for the Defendant,
stating that he was interested as being the owner of the property
alledged, to have been, Stolen & objection over ruled by the Court
whereupon, the said Rufus EastonRufus Easton attorney for the Defendant as

aforesaid filed his Bill of Exceptions which said Bill was signed
by the Court and is in the following words and figures to wit,
St. LouisSt Louis of the peace

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John JohnstonJohn Johnston
advs
United StatesUnited States

On Indictment, for
Larceny,

The attorney General on behalf of the United StatesUnited States
moved, the Court to swear, and admit James RogersJames Rogers as a Witness
on this trial on the part of the United StatesUnited States to which the Counsel
for Defendant objected on the ground that the several goods
and Chattels and property mentioned in the indictment, to
have been stolen, was the property of the said James RogersJames Rogers
and it also being admitted that he was the same James RogersJames Rogers
named, in the said Indictment as having lost the said goods,
and Chattels - also that said RogersRogers would be untitled on Conviction
of Defendant to restitution, of said goods and Chattels mentioned
in the indictment and to the value thereof if the said goods and
Chattels should be restored, to him said RogersRogers , and if not
restored to him said RogersRogers , therein that case he would be entitled,
to two fold the value of the said goods and Chattels, the Court
over Ruled the objections of Defendant Counsel and admitted
the said RogersRogers to be sworn and testify as a Witness on the

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said, trial to which opinion of the Court the Counsel for Defendant
excepted and tenders this Bill of exceptions and pray the
Court to sign the in testimony thereof - We have -
hereunto, set our hands, signed in open Court 7th March 1809 - the court rely, on a note in Gilberts law of Evidence
(a late Edition) in 110th .

Signed

silas BentBent


BernardBernard Pratte ,PratteBernard Pratte

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The jury after having heard the testimony and argument,
of Counsel retire, from the Bar to make up their verdict,
And afterwards on the third day of the said Term of the said
Court, the time, of the term of the court being about expire and the
jury in this not having agreed upon their verdict, the Court
ordered, them to be dishcarged, whereupon the said John JohnstonJohn Johnston
the Defendant being called and failing to appear and refusing
to be recognized on, motion of the Attorney General he is ordered
into the Custody of the Sheriff

Thursday morning the ninth of March ten O Clock
the time of holding this Court having expired the same is
adjourned till Court in Course,

Copy of a Bill of Exceptions filed on
the ninth of March by Counsel for the
Defendant.

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St. LouisSt LouisQuarter Sessions,
John JohnstonJohn Johnston
advs
The United StatesUnited States

On Indictment, for Larceny, on the ninth day of March One thousand eight hundred and nine between the hours, of Ten and Eleven
O Clock in the forenoon of that day the
following procedings was had before the undersigned -

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St. LouisSt Louis sessions, of the peace,

John JohnstonJohn Johnston

United StatesUnited States

On indictment for
Larceny,

The attorney General on behalf of
the United StatesUnited States moved the court to
& ad -mitJamesJames Ragers as a witness on this trial on
the part of the United StatesUnited States which the counsel
for defendant objected on the ground
that the several goods and Chattels, and
property mentioned in the Indictment
to have, been stolen was the property of
the said James RogersJames Rogers and it also being
admitted that he was the same person,
James RogersJames Rogers named in the said Indictment
as having lost, the said, goods and
chattels - also that said RogersRogers would
be entitled on conviction, of defendant
to restitution, of the said goods and chattels
mentioned in the indictment and to
the value thereof if the said goods and chattles
should, be restored to him said RogersRogers and if not restored
to him said RogersRogers then in that case he,
would be untitled to two fold the value of
the said goods and chattels - the court
overruled, the objections of defendants
counel and admitted the said RogersRogers to
be sworn and testify as a witness on the
said trial to which opinion, of the court
the counsel for defendant excepted and
this Bill of exceptions and pray
the court to sign the same in teste

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mony these of - we have here unto set our, hand
signed in open court 7th March 1809 - the court rely, on a note, in GilbertGilbert Law
of evidence (a late edition,) in the 110 - page -

SilasSilas Bent ,
BentSilas Bent ,

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26

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St. LouisSt Louis Quarter Sessions,

John JohnstonJohn Johnston
ad
The United StatesUnited States

On indictment, for larceny,
on the ninth day of March one thousand eight hundred and nine between the hours, of ten and eleven
O'Clock in the fornoon of that day the
following proceding was had before the
under signed

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" United StatesUnited States"
vs
"John JohnstonJohn Johnston "

John JohnstonJohn Johnston being
called and failing to
answer and refusing to
to be recognized on motion
âof the attorney general he is ordered into
âcustody of the sheriff,â which proceeding
is entered as of the eighth day of March
of the same year on the minutes of the
said courts proceeding the counsel for
the said John JohnstonJohn Johnston excepted and objected
to the said proceeding of the said court on
the said motion of the said attorney General
on the ground that the three first
days of the said quarter session court having
expired the judges had no, jurisdiction
and can not take of the
said, case and motion to made and
prayed the court to have the said motion
entered as of the ninth day of March
aforesaid when it was in fact made
the court overrule, the objection of the
counsel of the said John JohnstonJohn Johnston and are,
of opinion that the said motion and
order stand in form and manner as
is above to which opinion of the

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judges the counsel of the said John JohnstonJohn Johnston
except and tender this bill at
exceptions and pray the judges to sign
the form in, testimoney thereof -
St. LouisSt Louis9th March 1809

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The court refusing to sign the within bill
of exceptions it is signed by us as by,
standers the day and year above written,

E. HempsteadEdward Hempstead ,


C.


By


C.



James AndersonJames Anderson ,


George Gordon,

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filed 9th March 1809 26

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Territory Of LouisianaLouisiana, District Of St. LouisSt Louissct

The United StatesUnited States of AmericaAmerica to the Sheriff of St.
District-Greeting.

You are hereby commanded to summons JosephJoseph Bear WilliamWilliam James
JamesWilliam James , BenjaminBenjamin , Shother, George &
James
that setting aside all manner of excuse an delays They and each of them be and
and appear in proper person before the judges of our Court of Quarter session on the
first mondayJuly next at
Saint LouisSt Louis, Court then there to testify and the truth to say in a certain
indictment, now pending in our said court, wherein the UnitedUnited States
StatesUnited States is plaintiff and John JohnstonJohn Johnston
defendant on the part of the Defendant and have you
then there this writ.

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Witness the presiding
judge of our said court at the town of St. LouisSt Louis the
Tenth day of Marchin the year of our Lord, one thousand eight hundred and nine and of the Independence of the
United StatesUnited States the thirty third

RiddickRiddick

Clerk of St.LSt Louis . DSt Louis .
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S LouisS Louis quarter Session
July Term 1809
John JohnstonJohn Johnston
ads
United StatesUnited States

Executed by me

James, Brown

26
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Be it remembered that JohnJohn Johnston Johnston,
Edward JohnstonJohn Johnston , & GeorgeGeorge appeared before me this
subcriber one of the Judges, of the general Court
for the Territory, of LouisianaLouisiana, and acknowledged
to our to the United StatesUnited States the sum of two
thousand Dollars the said JohnJohn Johnston JohnstonJohn Johnston ,
in the sum of one thousand Dollars and the said,
Edward Johnston, and GeorgeGeorge in the
sum of five hundred dollars each, to be
of their respective, goods and Chattels,
and if be made
in the Condition following -

that, of the said JohnJohn Johnston JohnstonJohn Johnston ,
be, and appear before Judge, of the
Court of Quarter Sessions, at then July
Term next, on the, first monday of
July next at the town, of St LouisSt Louis, to
answer, to a Certain Indictment,
larceny, or horse stealing, and not depart,
the Court without leave, - then that,
to be - otherwise, to
remain in full force, - March 10th 1869

Taken and subscribed,
and sealed before me
one of the judges, above
named in the same day
and year as above mentioned,

JohnJohn Johnson B

John Johnson

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Edward JohnsonJohn Johnson

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George his

X


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Recogniz aince,
of

John JohnsonJohn Johnson

26
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Territory Of LouisianaLouisiana District Of St. LouisSt Louissct.

The United StatesUnited States of AmericaAmerica to the Sheriff of St. LouisSt Louis District-Greeting.

You are herby commanded to summon GeorgeGeorge ,
.
that setting aside all manner of excuse and delays they each, of them be and
and appear in proper person before the judge of our Circuit Court, of quarter sessions, on the
first monday of July next at
St. LouisSt Louis, court house then and there to testify and the truth to say in a certain
indictment, now pending in our said Court, wherein United,
states is plaintiff and
defendant, on the part of the defendant, and have you
then there this writ.

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Witness, presiding
judge of our said Court, at the town of St. LouisSt Louis, the
eleventh day of marchin the year of our Lord, one thousand eight hundred and nine and of the independence of the
United StatesUnited States the thirty third

Clerk of St. LSt Louis . DSt Louis .C.P.
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25

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St LouisSt Louis Quarter Sessions,
July Term 1809
JohnJohn Johnston JohnstonJohn Johnston ,
ads
United StatesUnited States,

Subpoena,

for

George Smirl


&

James SmirlJames Smirl


26
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Excuted as to geo Smirl,
James Smirl, non sct

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Service $ 1.33
Mileage, 1.50
Non est .50
$ 2.33

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St. LouisSt Louis Sessions, of the peace

John JohnsonJohn Johnson
ads
United StatesUnited States

on in- -dictment, for larcency

The attorney General
on behalf of the United StatesUnited States moved
the court to swear, and admit JamesJames Rogers
RogersJames Rogers residing with the Shawnee,
tribe, as a witness on the trial in this case
on the part of the united states to which
the Counsel, for defendant objected on
the ground that the goods,
and, Chattely and poperty mentioned
in the in indictment, to have been stolen,
was the poperty of the said JamesJames Rogers RogersJames Rogers ,
and it also being, at that he was
the same,James RogersJames Rogers named in the
said indictment, as having lost, the
said, goods and chatterly also, that said
RogersRogers would, be entitled on conviction of
defendant to restitution, of the said, goods &
chattels, mentioned in the said indictment
and to the value thereof if the said goods,
and chatterly should be restored to him said
RogersRogers and if not restored, to him said RogersRogers ,
then in that case he would he entitled to two,
fold, the value of the said of goods,
and chattels, but all the property was restored to him said RogersRogers ,
also because, the said JamesJames Rogers ,RogersJames Rogers
resides, with, the Shawnee, nation afore,,
the court,
overruled the objections of defendants counsel,
and admitted the said RogersRogers
to be sworn and testify as a witness
on the said trial to which opinion, of the
court the counsel, for defendant excepts
and tenders, this bill, of exceptions and
pray the court, to sign, the same in testimony
thereof - in open court,
this

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third day of July 1809


LabeaumeLabeaume ,

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filed 4th july 1809 26

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St. LouisSt Louis District Quarter Sessions,

John JohnsonJohn Johnson
ads
United StatesUnited States

on idictment, for
larceny,

1 Because, the presiding judge
misdirected, jury in this particular
that the mare which on trial
was proven, to he the property of
Louis Rogers and charged in the indictment
to be the property of
JamesJames Rogers ,RogersJames Rogers the jury, might find dft guilty, of
and that if the said mare
was sufficiently described in the
in indictment, it would be a bar in
law to another prosecution for the same,
offense, -

2 Because, the court, permitted
illegal and improper testimony to
go to the jury in suffering JamesJames Rogers
Rogers, Louis RogersJames Rogers , - and
all indians of the Shawnee,
tribe to be sworn on the part
of the prosecution against the
said defendant,

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3 it is provided, by
the act regulating the
of selecting and returning jurors,
in certain cases the of
every, and person summoned,
and returned, shall be written on
several distinct pieces, of paper with his
addition and place of abode and
being balled, up by the Clerk as near,
as may in one and the same shape,
and of equal size shall be deposited
in a ballot box, from whence they
shall be drawn, which was not done,
in this case

EastonEaston , for Dfdt,


26
filed 4th July 1809
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St LouisSt Louis District Quarter Session,
of the peace

John JohnsonJohn Johnson
advs
United StatesUnited States

Indictment, for
Larceny,

Reason, in arrest of
Judgment

1 Because the jury did not in their verdict
find the value of the property
charged to be in the indictment
so that the court cannot,
render judgment 2, Because
it is provided by the act regulating
the manner of selecting and
returning jurors, in certain cases, the
manner of each and every person summoned,
and returned shall be written
on several and pieces, of paper,
with his addition and place of abode
and being rolled up
the clerk as near as may in and
and the same manner and of equal size
shall be deposited in a ballot box
from where they shall be drawn,
which was not done in this case

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Because the defendant was
once tried, in this same court on
the same indictment, as appears
by the record


for
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filed 5th july
26

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EdwardEdward Young

Richard Stephenson

Alex. M.Countrey

Belew

Massey

Russell

Dangen

gregoir Saipy

Thom. HenryHenry

Fields Pruit

WilliamWilliam

Excused

26

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M. Reddick

Will make out a copy of
the complete
record of the prosecution
of the united states against JohnJohn Johnson
JohnsonJohn Johnson for larceny,

for
Deft1808
44
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