Peter Provenchere and Frederick Butler v. Thompson Bird
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No 80

St Louis Circuit CourtCircuit Court

PeterPeter Provenchase,
adm of & of
FrederickFrederick Butler,
dud
vs
Thompson BirdThompson Bird

Dam $ 3000
This is an action of
terpass on the case
in town Damage
$ 3000 issue a summons,
to S LouisS Louis

C LucasLucas , plff atto,

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filed september 17th 1817.


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and at the place aforesaid and afterwards
towit on the eleventh, day of June in the year of one thousand eight hundred and sixteen at the place aforesaid
disposed of the ford goods and
to the
are to of the
said plaintiff as administrator as afore
said the sum of three thousand dollars
and therefore he brings his suit

C LucasLucas

for plaintiff
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Territory of MissouriMissouri
County of St LouisCounty of St Louis


ss

The UnitedUnited States, StatesUnited States
of AmericaAmerica to the sheriff
of said county greeting

and of
that he be and appear at our Circuit CourtCircuit Court to
be held at the Town of St LouisSt Louis within and for
the county of St LouisSt Louis on the second monday of October,
next before our Judge thereof then there to answer
unto PeterPeter Provencher, administrator of all, and
singular, the goods and chattels rights and credits which
were of FredrickFredrick Butler who died, interstate
a plea of Trespass on the case, to the damage of the
said plaintiff as aforesaid the sum of three
thousand dollars, and have you then there this writ

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Witness Mary PhilipMarie P Ledue LeducMarie P Ledue Clerk,
office this seventeenth day of September,in the year of Christ, one thousand eight hundred and eighteen and of our independence,
the forty Second

M'Girk D.CLK for

for

M P LeducP Leduc Clerk

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St LouisSt Louis Circuit June Term one thousand eight hundred & eighteen

PeterPeter Provenchure
Administrator &
of FrederickFrederick , Butler
vs
Thompson Bird

Thomas Hitcher, being
duly, sworn says that in the fall of eighteen
hundred & fifteen dependant had some
property in his possession in a damaged
condition consisting of some Buffalo robes
Deer skins beaver, skins Hats trunks, all
which were said to belong to one FredrickFredrick
Butler was drowned, near there
some time previous and that the body
of Butler was taken from the wreck, by
Defendant or his hands and that the property
was pricipally, taken up by one
and left with BirdBird for safe keeping
that BirdBird being about to remove away
delivered the property to James Lucas, and
took his receipt and witness become
security, for LucasLucas , for the of
the good The goods remained in the
block house except some trunks, taken
home by LucasLucas , and were, afterwards
delivered up by one RobertsonRobertson and the
trunk, by LucasLucas , to some person who

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claimed the same as he understood
when the good were delivered by defendant,
to LucasLucas , he directed LucasLucas , to deliver,
them up to any person who should appear
to be legally authorized to receive the same
witness asked, Defendant if he was sure
the property was Butlers Defendant
said that there were papers in his pocket,
which showed his name to be Butler

witness understood at the time
that Dabin, was the of the boat
and that Dependant put the
good in the black house to dry & store
them LucasLucas , made some objection to
given the receipt Defendant made said
it would make no difference for that
they said they would come after the
good before long when he might
deliver them up June 8th 1818

ThosThomas . Hitcher


Sworn to & subscribed this
8th day of June 1818 before
me

J.V. Garnier

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I hereby consent that the foregoing papers
or affidant be read as evidance on the trail of
the above entitled suit June 8th 1818.

Thompson BirdThompson Bird

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Territory of MissouriMissouri
County of St LouisCounty of St Louis


ss

The United StatesUnited States of
AmericaAmerica to any Judge or
Justice of the peace of
Batton Rogue, in the states of Louisiania greeting

we reposing special writ and confidence
in your in and circumspection, do request
and command you that you cause to come,
before you such persons as shall be named to
you by ThompsonThompson Bird BirdThompson Bird , and there examine
upon their corporal, oaths to be by you administred
touching their knowledge of any thing that may
relate, to a certain action, of trespass, on the
case now pending, in our said court
PeterPeter ProvenchereProvenchere , administrator of PhilipPhilip
Butler deceased is plaintiff and ThompsonThompson Bird ,
BirdThompson Bird , is defendant on the part of the
Defendant and having reduced the
said deposition so taken by you as aforesaid
to writing, you such the same under your
hand and seal, with this
to our said court with all
speed

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Witness M,P LeducP Leduc , Clerk of our,
said court at the town of StSt Louis
LouisSt Louis this eleventh day of December eighteen hundred and seventeen, and of are Independ,
ence the forty second


M PP Leduc ,LeducP Leduc Clerk

By

M,,Girk D Clk

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St LouisSt Louis Circuit October Term 1817

Thomson Byrd
vs
PeterPeter ProvenchereProvenchere ,
administrator of
PhilipPhilip Butler,
deceased,

on motion, of
attorney for the defendant
it is ruled that a dedimus
issue, to any Judge or Justice
of the peace at Baton RougeRouge ,
in the state of LouisianaLouisiana to take the
depositions of witness on the port of the
defendant

True Copy from the minutes this 11th December 1817

M P LeducP Leduc , Clerk

By

girk D Clk

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ThompsonThompson Byrd
ads
PeterPeter ProvenchereProvenchere ,

admistrator of

PhilipPhilip Butter


deceased
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W PeterPeter Provenchere,,
Administrator, of PhilipPhilip Bath

Please to remember that on the third saturday
in Febuary next, at the court house in Baton RougeRouge
in the state of LouisianaLouisiana, shall take the depositions
of witness between the hours of six o clock in the
morning and six o clock in the evining to be read
as evidence in the writ you have brought against
me in the St Louis Circuit CourtCircuit Court , where you
may attend if you please St LouisSt Louis, Dec 22d 1817.

ThompsonThompson Byrd,

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Filed 1st June 1818

A GambleArchibald Gamble Clk

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S LouisS LouisCircuit CourtCircuit Court

PierrePierre Provenchere ProvencherePierre Provenchere ,
adm of FrederickFrederick ,
Butler deceased
vs
Thompson Bird

Pierre Dabin, a
witness on the part of
the plaintiff in this
case, being duly
sworn deposes and says
that he has attended as a witness in this
action during the june term of 1818
eight days and further saith not

PeterPeter Dabbine


Sworn to & subscribed
this 19th June in Court

A gamble clerk

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Filed this 19th June 1818

A gamble Clk

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MissouriMissouri Territory
S LouisS Louis County


ss

In the Circuit Court
of the county of S LouisS Louis
of the term of October inthe year of our Lord one thousand eight hundred and seventeen

St Louis County for PeterPeter ProvenchereProvenchere ,
administrator, of all and singular the goods
and chattels rights and credits which came, of
FrederickFrederick , Butler deceased, who died interstate,
complains of Thompson BirdThompson Bird of a plea of
trespass on the case for that whereas the
said Butler in his life time towit
on the eighteenth, day of September, in the year one thousand eight hundred
at a place called, the mouth, of the river,
in the township of in the county of
New MadridMadrid, in the Territory, of MissouriMissouri,
towit at S LouisS Louis in the County of S LouisCounty of S Louis
and within the jurisdiction of this court and,
lawfully possessed, of divers, goods and chattels
towit twenty four Bear skins, thirteenth packs
of Deer skins one hundred and thirty nine
Buffalo Robes one hundred and eighty seven
pounds of beaver, fur two truncks sealed
up hats, one otter skin
fourteen packs of Buffalo robes eleven packs,
of Deer skins four fox, skins one otter
skin fourteen hats ninety nine pounds
of beaver fur, two trunks and one hundred,
and thirty nine dollars and fifty cents in
Bank notes and towit fifteen, notes of
the Bank of KentuckyKentucky, of ten dollars each
fifteen of the same bank of five dollars
each fifteen of the same bank, of twenty
dollars each fifteen of the Bank of
of ten dollars each fifteen of
the same Bank of five dollars cash of great

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value towit of the value of three thousand
dollars and being so possessed, thereof he, the
said FrederickFrederick , Butler afterwards towit on the
day and year and at the place aforesaid
lost the said goods and chattels money
fur trunks hats buffalo robes &, skins out of
his possession, and the same afterwards towit
on the same day and year at the place aforesaid,
came to the possession, of the said ThompsonThompson Bird ,
BirdThompson Bird by finding
and whereas also the said FrederickFrederick , Butler in
his lifetime towit on the day and year at
the place and within the jurisdiction, a
foresaid was lawfully possessed, of divers, other
goods and chattels towit twenty four bear, skins
thirteen, packs of deer, skins one hundred and
thirty nine Buffalo Robes one hundred and
eighty seven pounds of Beaver, fur two
trunks sealed up nineteen hats four
fox skins and one otter skin fourteen
packs of Buffalo robes eleven packs of
deer skins fourteen hats ninety nine pounds,
of beaver fur, two trunks and one hundred
and thirty nine dollars and fifty cents in Bank,
bills and divers, towit fifteen notes of the
Bank of the state of KentuckyKentucky, of ten dollars
each commonly called, a Bank note fifteen
of the same Bank of five dollars each
and fifteen notes of the same bank of
twenty dollars each fifteen of the Bank,
of Nashville, of ten dollars each and fifteen
of the same bank of five dollars each
of great value towit of the value of three
thousand dollars as of his own property and
being, so possessed, thereof he said FrederickFrederick Butler
afterwards towit on the same day and year and
at the place aforesaid died so possess thereof,

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after whose death towit on the twenty first day of September in the year of our Lord one thousand eight hundred and fifteen at the township
of in the county of New MadridMadrid,
aforesaid towit at S LouisS Louis in the county
of S LouisS Louis and within the jurisdution of
this writ the said goods and chattels came to
the possession, of the said Thompson BirdThompson Bird the
defendant by finding and after wards towit
on the thirty first day of May in the year of our Lord one thousand eight hundred and sixteen at S LouisS Louis administration of the goods
and chattles rights & credits of the said FrederickFrederick ,
Butler deceased, who died interstate was
granted, to the said PeterPeter ProvenchereProvenchere , as herein
after mentioned
and whereas also the said PeterPeter the plaintiff
as administrator as aforesaid afterwards and
after the death of the said FrederickFrederick , Butler
towit at the plan aftersaid on the twenty first day of september in the year of one thousand eight hundred and fifteen was lawfully
possessed, of divers, other goods & chattels towit
of twenty four bear skins thirteen packs of deer,
skins one hundred and thirty nine [ Buffaloe ],
robes, one hundred and eighty seven, pounds
of beaver, fur, two trunks sealed up ninteen
hats four fox skins and one otter skin
fourteen, packs of Buffalo robes eleven, packs
of deer skins, fourteen hats, ninety nine pounds,
of beaver, fur, two trnks, and one hundred and
thirty nine dollars and fifty cents in bank, notes
of the value of three thousand dollars as of his,
property as such administrator as aforesaid and
being so possessed, thereof he the said plaintiff after
wards towit on the same day and year at the
place, last aforesaid lost the said goods &
chattels, last mentioned out of his

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and the same then there come to the possession
of the said defendant by finding
yet the said defendant, well knowing the
said goods and chattels to be the property of
the said FrederickFrederick , Butler in his life time
and at the time of his death and after
his of right to belong to the plain
tiff administrator as aforesaid to which
said plaintiff after the death of the
said FrederickFrederick , Butler towit on the
thirty first day of may in the year of our Lord one thousand eight hundred and sixteen of St LouisSt Louis in the County ofCounty of St Louis
St LouisCounty of St Louis aforesaid administration of all
and singular the goods chattels, rights
and credits which were of the said FrederickFrederick ,
Butler deceased, at the time of his death
who died interstate, by MaryMary P LeDuc Clerk
of the Circuit court within and for the
of of
aforesaid according to the statute in that
case, made and provided in due form of
law was granted but and
and to and
the said plaintiff administrator, as
aforesaid since the death of the said FredrickFredrick
Butler in this behalf did not deliver the said
goods & chattels or any of them or any part, thereof
to said plaintiff administrator or aforesaid although often
requested so to do and particularly, requested by
said plaintiff to deliver, the same goods and
chattels to him on the tenth day of June in the year of eighteen, hundred and sixteen
aforesaid at the place aforesaid as administrator,
as aforesaid And the said defendant
afterwards and after the death of the said
FrederickFrederick , Butler towit on the twenty first day of september in the year of one thousand right hundred and fifteen

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S LouisS LouisCircuit CourtCircuit Court

PeterPeter ProvenchereProvenchere , Ads & C of
FrederickFrederick Butler, decd
vs
Thompson BirdThompson Bird

In vacation may 7th 1818
on motion of Mr EastonEaston Attorney
for plaintiff it is ruled that Dedimus's, issue to any
Judge or Justice of the peace in the county of New
MadridMadrid, and also to any Judge or Justice of the peace
in the county of Cape GirardeauCape Girardeau County, to take the depositions
of witness on the part of the plaintiff

A GambleArchibald Gamble Clerk

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A true [ coppy ] of rule above

A GambleArchibald Gamble Clerk

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MissouriMissouri Territory
County of S LouisCounty of S Louis


ss

The United StatesUnited States of AmericaAmerica
To any Judge or Justice of the peace
within and for the county of Cape GirardeauCape Girardeau County,
greeting

We reposing special trust and confidence in your
integrity, and circumspection, do require and command
you that you cause to come before you such persons
as shall be named to you by PeterPeter ProvenchereProvenchere administrator,
of all and singular the goods and chattels rights
and credits of FrederickFrederick Butler decd and them examine
upon their corporal, oath to be by you administred touch
ing their knowledge of any thing that may relate to a
certain suit now pending in our said Circuit court where
PeterPeter Proven chere, Administrator & c of FrederickFrederick Butler
is plaintiff and Thompson BirdThompson Bird is defendant on
the part of the said plaintiff and having reduced
the said depostions so taken by you as aforesaid
into writing you send the same with this commission

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enclosed under your hand and seal to our said
Court with all space

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Witness Archibald GambleArchibald Gamble Clerk of our said
Court at office in S LouisS Louis this seventh day of May in the year, of our Lord eighteen hundred and eighteen and of the Independance
of the United StatesUnited States the Forty second


A GambleArchibald Gamble Clerk

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To Thompson BirdThompson Bird above named defendant

Take Notice that pursuant, to the above rule and dedimus,
issued thereon Depositions of witness will be taken on the
part of the plaintiff in the above case at the
office of Joseph Mc
Ferron at the town of JacksonJackson , in the county of CapeCape Girardeau County GirardeauCape Girardeau County,
on the twenty second and twenty third days of May instant between the hours of
nine o'clock in the forenoon and six o clock in the afternoon
of those days Dated the 8th May 1818

Rufus EastonRufus Easton ,


plaintiffs attorney
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PeterPeter Proven chere, Ad
FrederickFrederick Butler decd,
vs
Thompson Bird

CountyCounty of Cape Girardeau, ofCounty of Cape Girardeau Cape GirardeauCounty of Cape Girardeau,

Easton,

Atty for plff
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MissouriMissouri Territory
St LouisSt Louis Township


ss

ThomasThomas Lippincotte, being duly affirmed
declared and says that on the eight day of May in the year eighteen hundred and eighteen he did personally serve
a notice and rule on Thompson BirdThompson Bird the within named
defendant of which the within are true copies


affirmed, and signed before me a justice,
of the peace is S LouisS Louis this 9th day of May 1818

.

S. M.Guyol

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139 Buffalow Robes a 3 417
11 sacks Deer, Skins 25 each at 15 165
29 Bear Skins a 190 43 90
4 fox skins 2
1 otter d
2
14 hats 56
99 beaver, 250
2 Trunks 300
Bank notes 139-90
1375
1375
2790

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Memo,
of
F A Butlers,
Estate

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State of LouisianaLouisianaParish of East,
Baton RougeRouge ,

In obedience to a Didmus, directed to any
Judge, or Justice of the Peace, of Baton RougeRouge ,
in the State of LouisianaLouisiana, by the, Clerk of the
CircuitCircuit Court ,CourtCircuit Court for the County of St LouisCounty of St Louis in the
MissouriMissouri Territory dated,the 11 day of December 1817 for the purpose, of causing, to come, before
any Judge or Justice of the Peace in Baton,
RougeRouge in the, State of LouisianaLouisiana,
as should be received, by ThompsonThompson Byrd in,
manner then, on their corporal, oaths touching
their knowledge, of any thing, that may relate,
to a Certain action of trespass on the, case now,
pending in the, said Court, Between PeterPeter ProvenchereProvenchere and ThompsonThompson Beyond & pending,
adminisration of thity: Butler deceased,
to plaintiff and ThompsonThompson Byrd & pending
another point of the defendant,
to the said Dedimus,; which
is in the following wrong : us PeterPeter ProvenchereProvenchere ,
administrator of PhilipPhilip , Butler,
reservation, that on the third saturday in february next at the Court house, in Baton
RougeRouge in the State of LouisianaLouisiana,, I Shall take
the depositions of witnesses, between the hours,
of nine o'clock, in the morning, and Six o'clock,
in the evening, to be read as evidence, in Saint
here but against the St LouisCircuit Court
Circuit CourtCircuit Court where you may attend,, if your
please St LouisSt Louisoct 22d 1819 thereupon by me
to being one o'clock in the afternoon on the,,
twenty first day of february 1818 the UnitedUnited States,
StatesUnited States first, day of ,the United StatesUnited States Herewith
any justice, of the peace,
of East Baton RougeRouge , in the state of Louisina, and
casue, to appear Baton RougeRouge , in
this Court house of Baton RougeRouge in the state of LouisianaLouisiana,
caused take bind to appear before me in the Court House of Baton RougeRouge for the purpose, of receiving this testimony in the above accusations,
and Case paid
and that & and say

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that there was a boat Stone. a short distance,
above the mouth, of the river, ohio, on the Missippi,
river in the, month of September 1815 whose
owner was said to have been drowned,, his name,
was requested to be FrederickFrederick , Butler the patron of said,
Boat called himself PeterPeter Dabbin,
he loading by the signature
of Abraham Bird, at
afterwards brought, and
the the said Dublin wanted ThompsonThompson , Byrd to store, it for him, but the said ThompsonThompson
Byrd would not take charge of it, at all, in
answer of his having to away. Him, the
said Dublin said the said ThompsonThompson Byrd
whether he could not leave the said part of
loading on a black house, which stood on the
bank of, the river,, until he could take, it away
ThompsonThompson , Byrd told the said Dublin, he might
at his & for he would not have any,
thing to do with it; nor with, said Dublin,
said and at
this own Deps
writ knows, that Dublin, caused ThompsonThompson
Byrd to make out a bill, for him to show
what he had saved; but this deponent says,
that from the and loading which appear
to wasn't between the said ThompsonThompson , Byrd
and Dublin, he knows that ThompsonThompson , Byrd
was not to be accountable, for that said point
of loading left with, said , and
that said Dublin started, for StSt Louis LouisSt Louis,
and in the month of october 1835, the said Dublin
returned to the mouth, of the ohio, and made,
certain in of writing, the said
ThompsonThompson , Byrd with following words,
mouth, of ohio. To is under to of
payed and one the place
in he interest as it is time, to do, he is to
go out this property, of which I have, saved from
the of which L
in his Clark have,

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ago, in the hands of some, person and
in the a receipt for the same, by
doing he, is not to be accountable, given
under, my hand this day above mentioned
PeterPeter Dabbin, And
further this deponent saith not,

John Bird

Sworn and Subscribed
before me the Twenty first day of february 1818.


one of the Justices of
the peace for the
East Baton,
RougeRouge , in the State of
LouisianaLouisiana
fees $ 4.12 1/2
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paid postage on these depositions $ 1.75

A GambleArchibald Gamble

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Filed 1st June 1818

A GambleArchibald Gamble Clk

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The Deposition of Witness, produced, sworn and Examined, on the
23rd day of May, for the year of our Lord One thousand Eight hundred and Eighteen, between the hours of nine of the clock
in the fornoon, and Six O Clock in the afternoon of that day at the
House of Joseph MJoseph M . Ferron at the Town of JacksonJackson , and County of CapeCounty of Cape Girardeau
GirardeauCounty of Cape Girardeau, in the Territory of MissouriMissouri, before me Fhr. Neale a Jus
tice of the peace, within and for the County aforesaid, by Virtue of
a Dedimus for the Examination of Witnesses, in a certain cause now
depending in the Circuit Court of the County of Saint LouisCounty of Saint Louis, in the
Territory of MissouriMissouri, between PeterPeter ProvenchereProvenchere admin, of FrederickFrederick ,
Butler, decd : plaintiff, and ThompsonThompson Byrd, Defendant.

John BrownJohn Brown of Lawful age being produced, sworn and examined, on the
part of the plaintiff, deposeth and saith, That in the fall of the year One Thousand Eight hundred and fifteen this Deponent heard ThompsonThompson Byrd
say that there was a parcel of goods the property of FrederickFrederick Butler, deceased
in said Byrd's Black house, at the mouth of the Ohio RiverOhio River and said Byrd
informed Jacob Robinson, who was then at the aforesaid place, that he the said RobinsonRobinson
might have the said storage for said goods,, to which said Byrd was entitled and
this deponent further states that he was after wards, called on by Jacob Robinson
to Value the aforesaid goods and that there were, one hundred and Thirty three
Buffaloe Robes; which were, valued at One Dollar and fifty Cents each,
One hundred and eighty or [ ninity ] weight of Bear Fur Valued at One Dollar
and Twenty five Cents p pound - Ten Packs of Deer Skins - valued at Four
Dollars a Pack - Twenty Bear Skins - value not recollected - and Four
teen Hats - Valued at One Dollar and Fifty Cents each. -

Question by the Defendant - Do you know that RobinsonRobinson was put in
possession of the goods above mentioned at that time - answer, No, I have,
no Knowledge that RobinsonRobinson was put in possession of the goods at the above time_but.
saw him in possession of them afterwards - Qustion by Defendant - Did you
hear James Lucas say that he and ThomasThomas Fletcher, had reciepted, for the above
property - The Plaintiff counsel, objects to the above question on the ground of
its being hearsay Testimony - which objection being overruled, by the Justice,
this Deponent Saith that he heard Said Lcuas say that he and ThomasThomas
Fletcher had receipted for the goods, & that he the said LucasLucas had Two

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trunks, of goods in his posession- Question by the Plaintiff's, attorney-
is not, RobinsonRobinson a man of that character,, that you would be willing to trust,
property in his hands to a considerable amount- answer- I certainly
would have trusted,RobinsonRobinson at the time of the transactions, above
alluded to - and further this Deponent saith, not.

John BrownJohn Brown ,


Sworn to and Subscribed bfore me
the day and year first above written

Tho: Neale, J. P.

.,
Justice Fees 75 Cents
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The execution of this commission appears by a Schedule here
unto annexed given at JacksonJackson the 23rd day of May, 1818

Tho Neale, J.P.

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opened and filed on the 25 Sept 1818

A GambleArchibald Gamble Clk

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To the Honble The Circuit CourtCircuit Court
For the county of Saint LouisSt Louis


Territory of MissouriMissouri