John Baptise Guadaire v. John Baptise Carron
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No. 91

June Term 1824

S B Go daise

S B Ganow

filed June 7th 1824

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St LouisSt LouisNovember 12th 1823

BaptisteBaptiste Gaudaire Bot of

Blanket (8 pts) $ 6.00
1 pair mans Shoes 2.00
3 yds flannels 62 1/2 1.87 1/2
15 1/2 yds checked 25 3.87 1/2
2 Carots Tobacco 25 .50
14.25
whiskey 6.50
20.75
Deductions for et cetera 3
23.75
70
46.25

70-- 70---- 70---

-20-- 20.75 23.75

----- -2--- -----

48.25 47.25 46.25

-2--- ----- -----

47.25 ----- -----

Plaintiff whole account as boat hand - $70

Defendants - acts $20.75

Deductions 3

23.75

Ballance Due $45.25

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No. 17 March 1824

vsj.B. Canon
Acts â $55.50

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1823 14 November

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Saint LouisSt Louis,28th March 1824

John BaptisteJohn Baptiste Canon
To John BaptisteJohn Baptiste Sanders

To Services as a boat hand from November 1823 to
March 1824 a trip up the MissouriMissouri $55.50 Cts

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No. 17

March 1824

J.B.vsJ.B.Canon Ballance of Acts $55.50 Cts

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No. 17

Issued 29th March
Reld 29th March

Witnesses
Joseph Belcourt
Bazille Pillette

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John BaptisteJohn Baptiste Gadese
vs
John BJohn B Canon

Warrant Debt $55.50

On an examination of the parties & Witnesses - the account
of defendant for $20.75 being allowed as just - three dollars
were deducted for improper conduct of the plaintiff & judgement was given
for $46.25 Cents - appeal entered same day Mdetandebaroty

I Certify the above and foregoing to for a true copy from
for $65

My docket - Witness my hand & seal thus 4th June 1824

PeterPeter Fergused
Justice of the peace
county St LouisSt Louis
State of MissouriMissouri

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Justices fees
Deposition - 81/2
oath - 3/4
Certifying - 18 3/4
Warrant - 18 3/4
Oath of Witnesses 25
Judgement 37 1/2
appear bond copy of proceedings 18 3/4
$.33 1/2

Constables fees
25

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no 17

March 1824

J.B.vsJ.B. Canon

Transcript of proceedings

Justices fees - $ 1.33%

Constable 25

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State Of MissouriMissouri,
County of St. LouisCounty of St Louis, township of St. LouisSt Louis, Ss.

Before me PeterPeter FergusonFerguson , one of the justices of the peace, in and for the county and
township aforesaid, personally appeared John BJohn B . Gaudeers, who claims
against John BJohn B CarronCarron the sum of Fifty five dollars 50 cents
on Account; and being sworn according to law, maketh oath, declareth and sayeth, that he has reason
to believe that the defendant is about to abscond or move out of the township, and that he is in danger of losing
his debt. St. LouisSt Louis, this 29th day of March, in the year one thousand eight hundred and 24

John BJohn B . Goodeers

Sworn to and signed before me the undersigned, a justice of the peace
in and for the county and township aforesaid, date above written.

PeterPeter FergusonFerguson J. P.

No.17. To the Constable of the township of St. LouisSt Louis, in the connty of St. LouisSt Louis:Greeting.

Take John BJohn B . CarronCarron and bring him forthwith before me a justice of
to peace, to answer John BaptisteJohn Baptiste Goodeers in an action on Ballance of
Acct for the sum of Fifty five dollars 50 Cents

Given under my hand, this 29th day of MarchA.D. one thousand eight hundred and 24

.

PeterPeter FergusonFerguson

Justice of the Peace.
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No.17 March 1824

John BJohn B . Gaudeers
vs
John BJohn B . CarronCarron

Debt $55.50

Justice-Deposition - 8 1/2

oath = 6 1/4

Certifying - 18 3/4

Warrant - 18 3/4

52 3/4

Conastable -

Body in Custody
S. Blood
Service 5

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I Marshal Detondebaratz acknowledge myself to our to JohnJohn Baptiste
BaptisteJohn Baptiste Goodeers the sum of fifty four dollars fifty cents or
whatever sum shall be found to be due to said Goodeers by
John BJohn B Canon on an account against said Canon said for
before PeterPeter FergusonFerguson on this day 29th March 1824
St LouisSt Louis State ofMissouri MissouriMissouri

PeterPeter FergusonFerguson

Mal. Detondebaratz

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the subscribers acknowledgs to be indebted to John BJohn B
the plaintiff in the sum of sixty five dollars to the levied upon our
respective Goods and chattles upon this condition that if the Judge
ment of the Justice shall be affermed by the Court or if the plaintiff
shall recover more than the Judgement of the Justice then our
will pay the amount of such Judgement - Saint LouisSt Louis
29 March 1824

Jeste, PeterPeter FergusonFerguson
Justice of the peace

J B Canon
Mal. Detondebaratz

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No. 17

March 1824

J.B. Goodeere vs. J B Canon
Bond for appeak $65

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Deposition of witnesses produced sworn and examined on the fifteenth day of March in the Year of our Lord one thousand eight hundred and twenty five between the hours of Ten o'clock in the forenoon and fouro'clock in
the afternoon of that day at the office of PeterPeter FergusonFerguson in the city of
Saint LouisSt Louis and state of MissouriMissouri before Mr PeterPeter FergusonFerguson a justice of
the peace within& for the County of Saint LouisCounty of Saint Louis & State aforesaid in con
formity with a notice for the examination of witnesses in a certain cause
now depending in the Circuit CourtCircuit Court for the County of Saint LouisCounty of Saint Louis between
John BaptisteJohn Baptiste GaudersGauders plaintiff and John BJohn B . CarronCarron defendant on
the part of the Plaintiff Toussant Tremble. being duly sworn
of the age of Twenty one years and upwards being duly sworn on his
oath deposeth and saith. Question by the Plaintiff. Where is your place of
residence. Answer. in CahokiaCahokia in the State of IllinoisIllinois. Question by same
do you know John BaptisteJohn Baptiste Gaudeers the Plaintiff in this action. Answer I do
Question. do you know John BJohn B CarronCarron the defendant. Answer I do & have known him
for several years. Question. do you know of John BJohn B . Gaudeers's having gone up
the MissouriMissouri river as a boat hand for John BJohn B . CarronCarron and when. Answer
John BJohn B Gaudere went up the MissouriMissouri & Grand river as a boat hand for
John BJohn B CarronCarron in September Eighteen hundred and twenty three. I steered
the boat myself. Question. was J. B. Carron in the boat and did he go
the trip himself. Answer. he did and came back in the boat at the same
time GaudersGauders & the rest of us came back. Question. do you know how much
Mr J. B. Canon was to give GaudersGauders for the trip. Answer. Yes-
Seventy dollars. Question. how do you know that he was to give GaudersGauders
that sum. Answer. I heard J. B. Carron tell J. B. Gauders that he would
give him seventy dollars for the trip. he gave me seventy five steered
the boat. Question did you ever hear Mr CarronCarron say how much he was
to give the other hand for that trip. Answer I did. he said he was to give them
seventy dollars a piece. Question was there a written agreement between
Carron & Gauders. for Gaudere's services in the trip above mentioned. Answer. not that I know of I never saw our. Question. did Gaudeers
perform the trip. Answer. he did he went as for up Grand river as the
rest of us did. Question. did Mr GaudersGauders do his duty as a boat hand during
that trip. Answer. he did. Questions did J. B. Gaudere loose any time on
the Voyage. Answer not that I recollect of. Question did J. B. Gauders
obey the Orders of Mr. CarronCarron during said trip. Answer. he did so far as
I know. Question. was Mr CarronCarron on a trading Voyage with the Indians at
the time Mr GaudersGauders made this trip with him. Answer, he was. Question
as what time did Mr CarronCarron return to St. LouisSt Louis. Answer some time in March 1824. I do not recollect the day. Question did Mr. GaudersGauders
come in the boat to St. LouisSt Louis. Answer Mr he stopped at Saint CharlesSt Charles , he
offered Mr CarronCarron another hand in his place but carron said that he
did not want another hand to come to saint Louis. Question. have
you been paid by Mr CarronCarron for the services rendered in the trip referred

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to. Answer. I have. Question. do you know whether GaudersGauders has been
paid by CarronCarron . Answer. No. I do not but I heard Mr CarronCarron say that he
was very willing to pay. GaudersGauders his wages but that he would make him
wait for them. Question. have you any interest in the decision of the suit between Carron & Gauders. Answer No. not any.
Govern to and subsessibed before Mr
on this 15th day of March 1825

Touissant his markX Tremble.

PeterPeter FergusonFerguson
Justice of the Peace
County St. LouisCounty St Louis
State of MissouriMissouri

Justice fees - taking depositin

600 words --- 37% cts

oath ---

certufying --- 25

68 3/

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The Clerk of the Circuit CourtCircuit Court
for the County St. LouisCounty St Louis

J.B. Gaudeers
vs.
J.B. Carron
Deposition
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FergusonFerguson Justice of the Peace
CountyCounty St Louis St. LouisCounty St Louis

March 28th 1825

A GambleArchibald Gamble clerk

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Substantially

The defendant then proved by Martial delaudeboratys, that there
he Knew there was a written agreement between the parties on
the subject matter of this suit; that said written agreement was
signed by both parties, but that he did not Know where it is
the plantiffs counsel moved the court to exclude the testimony
of Martial Delaudeboralys from the jury, and to instruct the jury
that what he (the said witness) had said was not evidence in this
cause, on the ground, that it appeared on the face of the
papers filed in the cause, that the said delaudetaraty is
security for the defendant in the appeal bond and therefore
was in competent to testify on the ground of interest in the
suit the court excluded the testimony of delaudeboraty from
the jury, and instructed the jury, to pay no attention to what
witness had said.

The defendent then proved by Spencer Pettis, that on the
trial of the said cause below, there was a written agreem
ent between the said parties among the papers, and
purported to be an agreement for a trip up the river
to the performed by the plaintiff for the defendant
and that said agreement was not by either party -
the plaintiff then calledJusticeFergusonFerguson before whom
the cause was tried below, who testified that he was quite cer
tain there was no such written agreement as that testified to
by defendants witnesses between the plaintiff & defendant con
cerning the subject matter of the suit, and that he had
no recollection of having seen any such paper at the
trial before him nor did he remember to have
heard any thing said about it at the said trial.

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Copy of instructions asked by PettisPettis

The defendants counsel then moved the court to instruct
the jury that there being a written agreement between
the parties proved they must find for the defendant refused

As to what the court then said concerning
the proof of the existence of a written agreement I believe it was that ``the court will not give this instruction - as the proof is very vague''

``The defendants counsel then moved the court to in
struct the jury that if they believe from the evidence
that there is a written agreement between the parties
relation to the subject matter of this suit, they must
find for the defendant.'' (Refused)

And the court then instructed the jury that if they believe
the argument courts such as is in writing
and in the or power of the plaintiff
they ought to find for the defendant
such were the words of the court according
to my recollection

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Godair vsCarronCarron

Corrections to be proposed to depts Bill of exceptions tendered

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J. B. Canon
vs.
J. B. Godeers

Reason for new trial

1. The jury found against &
evidenced

2. The court erred in suffering the admitting
thedeposition to be read without the
absence of the being proved

3. The court erred in not instructing
the jury to find for def where
being is written agreement proved
to have been among the papers at the
before the justice

Pettis

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Baptiste
vs
John BJohn B Cannon

Appeal

Be it remembered that onmatter of a Labour
cause the counsel for the plaintiff offered
the following depositions (here of set it out)
the reading of which was objected to by the
Defendant's counsil because the plaintiffs had not shownhim to & because it did not appear to have
been taken according to the statues and the
absence of the witness Defendant at this time was not
proved the court overruled the objections (altho
as evidence or proof was advanced except what appears
from the deposition itself) and suffered the
deposition to be read to the jury without such proof
to which the defendants counsel exactly and
this hisbill of . The Plaintiff
him cloud his case without offering any other
testimony. The defendant that proved by
Mr.Detandebarz that the there was a written
agreement between the partiesor the
subject matter of this suit. That said said
written agreement was signed by both parties
but that he did not knowwhere it is. The court
excluded this testimony on the grounds that witness
was security in the appeal board. The Deft
then proved that on the trial of said cause
below. There was a written agreement between
the said parties
concerning the subject matter of this suit
to act relating to a such to be performed by the
said plaintiff for said Deft that such written agreement
was among the of this suit and was given

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an evidence justice and that said
agreement was not denied by either party
altho they were both present. The Plaintiff
thenproved by the further that he said
having been among the papers at the Trial before him, or of its
had no recollection of said written agreement
The defendant, counsel then moved the court
to instruct the jury that there being a written
agreement found between the parties, proved
they must find for the Deft. The court refered
this instruction and said in the presence of
the jury that the proof of said written agreement
was very vague.

the Deft counsel then moved the court to
instruct the jury that that if they believe from
the evidence that there is a written agreement between
the parties does existrelation to the subject
matter of this suit they mustfind for the
Deft. The court overruled this
but instructed the jury that if they believe
that there was a written agreement between the parties for the performance of that trip such in
the on or power of the Plaintiff
they must find for the Deft. To either
decisions instructions of the court the
Deft by this counsel objects and , this
his bill of exceptions which is signed
by the court.

The Plaintiffs counsel then moved for
a new trial for the following reasons
(now set them )

Which instruction was overruled by the court
to which the Deft counsel
tendered his bill exceptions.

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which are signed sealed

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Godair
vs.
Cannon

Bils of En.

filed May 17th 1825

A GambleArchibald Gamble clerk

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The Jury paid for the Plaintiff fifty
five dollars and fifty cents.

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John BJohn B Godeers
vsJohn BJohn B CarronCarron

Appeal

The Deftcounselmoved this
court to grantanew trial for the
following reasons.

1. The jury found against law
and evidence

2. The court permitted improper
evidence to go to the jury

3. The court misdirected the jury.

Pettis.

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Godeers
vs
CarronCarron

Reason

filed April 25 1820

A GambleArchibald Gamble clerk

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County of St. LouisCounty of St Louis, sct.
The State Of MissouriMissouri,

To The Sheriff Of S LouisS Louis County-Greeting:

You are hereby commanded to Summon

Joseph Belcourt.
BazillePitt

that setting aside all manner of excuse and delay they be and appear in proper person before the Judge
of our circuit Court, of thefourteenthday of at the city of St. LouisSt Louis,
then and there to testify and the truty to say in a certain matter of controversy now pending in our said
court, wherein Godeer is plaintiff,
and, Cannon is defendent,
on the part of the plaintiff and have you then there this writ.

Witness, Archibald GambleArchibald Gamble , Clerk of our said Circuit CourtCircuit Court , at the
city of St. LouisSt Louis, this 18th day of October in the year of our Lord, one thousand eight hundred and twenty four

A GambleArchibald Gamble

Clerk, C.C.
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Oct Term 1824

Godeer
vsCannon


for
Joseph Belcourt.
Bazelle Pittelle
fourthwith for
plaintiff

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Executed on JosephJoseph Belacourt BelacourtJoseph Belacourt Nov 2nd 1824
B. Pittelle not found

Service $0,50

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County of St. Lonis, sct.
The State Of MissouriMissouri,

To The Sheriff Of St. Louis County-Greeting:

You are hereby commanded to Summon
JosephJoseph Belacourt BelacourtJoseph Belacourt
that setting aside all manner of excuse and delay he be and appear in proper person before the Judge
of our Circuit CourtCircuit Court , on theforthwith dayof at the city of St. LouisSt Louis,
then and there to testify and the truth to say in a certain matter of controversy now pending in our said
court, wherein BaptisteBaptiste Godair GodairBaptiste Godair is plaintiff,
and Josaph Cannon is defendant,
on the part of the plantiff and have you then there this writ.

Witness, Archibald GambleArchibald Gamble , Clerk of our said Circuit CourtCircuit Court , at the
city of St. LouisSt Louis, this second day of November in the year of our Lord, one thousand eight hundred and twenty four

A GambleArchibald Gamble

Clerk, C.C.
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executed on JosephJoseph Belacourt BelacourtJoseph Belacourt Nov 2nd 1824


Service $0,50

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Oct

Godare
vsBaptisteBaptiste Cannon

for
JosephJoseph
forthwith

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County of St. LouisCounty of St Louis, sct.
The State of MissouriMissouri,

To The Sheriff Of St Louis CountyâGreeting

You are hereby commanded to Summon Joseph BelacourtJoseph Belacourt BazelleBazelle Pettelle ,
PettelleBazelle Pettelle Joseph Trudeau that setting aside all manner of excuse and delay they be and appear in proper person before the Judge
of our Circuit CourtCircuit Court , on the 16th day of February at the city of St. LouisSt Louis,
then and there to testify and the truth to say in a certain matter of controversy now pending in our said
court, wherein B. Godare is plaintiff,
and Cannon is defendant,
on the part of the plaintiff and have you then there this writ.

Witness, Archibald GambleArchibald Gamble , Clerk of our said Circuit CourtCircuit Court , at
the city of St. LouisSt Louis, this 30th day of December in the year of our Lord one thousand eight hundred and twenty four

A GambleArchibald Gamble

Clerk, C.C.
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February Term 1825

B Godairvs B. Cannon

for
Joseph BelacourtJoseph Belacourt
BazelleBazelle Pettelle PettelleBazelle Pettelle

for
Plaintiff
July 16th

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County of St. LouisCounty of St Louis, Sct.
The State of MissouriMissouri,

To The Sheriff Of St Louis County-Greeting:

You are hereby commanded to Summon JosephJoseph Belacourt BelacourtJoseph Belacourt BazelleBazelle Pettelle PettelleBazelle Pettelle
that setting aside all mannerof excuse and delay they be and appar in proper person before the Judge
of our Circuit CourtCircuit Court , on the Sixth day of April at the city of St. LouisSt Louis,
then and there to testify and the truth to say in a certain matter of controversy now pending in our said
court, wherein Godair is plaintiff,
and B Cannon is defendant,
the part of the plaintiff and have you then there this writ.

Witness, Archibald GambleArchibald Gamble , Clerk of our said Circuit CourtCircuit Court , at
the city of St. LouisSt Louis, this 23rd day of February in the year of our Lord one thousand eight hundred and twenty five

A GambleArchibald Gamble

Clerk, C.C.
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Further of these
witness found
WalkerWalker
25

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March Term 1825

B Godaire
vs. B Cannon

for
Joseph BelacourtJoseph Belacourt Bazelle PettelleBazelle Pettelle

for plaintiff
April 6th 1823