Thomas L. Smith vs. Pierre Chouteau Jr.
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St. Louis Circuit CourtCircuit CourtFor the March Term 1834

CountyCounty of St Louis of St. LouisCounty of St Louisss: Thomas L. SmithThomas L Smith by John F. DarbyJohn F Darby
his attorney complains of Pierre ChouteauPierre Chouteau Junior of a plea
of trespass on the case upon promises.
For that whereas the said defendant heretofore, to wit: on the first day of March in the year of our Lord one thousand eight hundred and thirty-four at said county was indebted unto said plaintiff in the
same of two thousand dollars
for the work and labor, care and diligence of the said plaintiff by
the said plaintiff before that time done, performed, and bestowed, in and about the business of the said defendant and for
the said defendant and at his special instance and request; and also in the further sum of two thousand
dollars, of like lawful money, for divers
goods, wares and merchandise, by the said plaintiff before that time sold and delivered to the said defendant and at his
like special instance and request; and also in the further sum of two thousand dollars
of like lawful money, for money by the said plaintiff before that time lent and advanced to, and paid, laid out and expended,
for the said defendant and at his like special instance and request; and also in the further sum of two
thousand dollars, of like lawful money,
for other money by the said defendant before that time had and received to and for the use of the said plaintiff; and also
in the further sum of two thousand dollars
for so much money by and from said defendant to
said plaintiff before then due and owing and then in arrear and unpaid for and upon an account stated between them: And
being so indebted, the said defendant in consideration thereof, afterwards, to wit: on the day aforesaid, at the place
aforesaid, undertook, and then and there faithfully promised the said plaintiff to pay him the said several sums of
money, in this count mentioned, when the said defendant should be thereunto afterwards requested: nevertheless the said
defendant not regarding the said promises and undertakings, although often requested so to do, hath not paid to the
said plaintiff the said sums of money of either of them, or any part of either of them. Whereby the said plaintiff
hath sustained damage in the sum of two thousand dollars:
wherefore he brings suit, &c.

DarbyDarby & SpaldingSpalding
plff Attorneys

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County of Saint LouisCounty of Saint Louisss

The State of MissouriMissouri

To the Sheriff of the County of Saint LouisCounty of Saint Louis Greeting

We command you to summon Pierre ChouteauPierre Chouteau Junior that he be and appear
before the Judge of our Circuit CourtCircuit Court at the next term thereof to be held at the city
of St. LouisSt Louis within and for the county of Saint LouisSt Louis on the fourth monday of March
instant then and there to answer unto Thomas L SmithThomas L Smith of a plea of trespass on the case
upon promises whereby the said plaintiff hath sustained damage in the sum of Two
thousand dollars and have you then there this writ

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Witness Archibald GambleArchibald Gamble Clerk of our said
Circuit CourtCircuit Court at Office this Eighth day of March One thousand Eight Hundred and thirty four

Archibald GambleArchibald Gamble Clerk

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Served this writ onPierre ChouteauPierre Chouteau Jr
JrPierre Chouteau Jr by reading it & the declaration
to him on the 8th March 1834 in
the City of St. LouisCity of St Louis.

John

Service $. 1,00
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No 90

March Term 1834
St. Louis Circuit CourtCircuit Court

Thomas L. SmithThomas L Smith
vs.
Pierre ChouteauPierre Chouteau Jr JrPierre Chouteau Jr .

.
damages $2000.
Issue Summons.

DarbyDarby & SpaldingSpalding
attys

Filed 8th March 1834

Archibald GambleArchibald Gamble Clerk

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Thomas L. SmithThomas L Smith
vs..
Pierre ChouteauPierre Chouteau Jr JrPierre Chouteau Jr .

St. Louis Circuit CourtCircuit Court.

Take notice that on the fifteenth day of March in the year of our Lord one thousand eight hundred and thirty-four, between the hours of
seven -, in the forenoon and five, in the afternoon, of that day, at
the office of WilsonWilson Primm a Justice of the Peace
in the City of St. LouisSt Louis State of MissouriMissouri
depositions will be taken by the undersigned, to be read on the trial of the above entitled case, on
behalf of the plaintiff; and that the taking of said depositions, if not completed
on that day, will be continued from day to day at the same place and between the same hours,
until completed.

St. LouisSt LouisMarch 11th. 1834


To the above named plaintiff

Thomas L. SmithThomas L Smith

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Thomas L. SmithThomas L Smith
vs.
Pierre ChouteauPierre Chouteau Jr JrPierre Chouteau Jr .

Notice to take depositions

ManuelManuel Alvarez
Etienne Proveau

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Served this notice on Pierre ChouteauPierre Chouteau Jr
JrPierre Chouteau Jr . by reading it to him in the City ofCity of St Louis
St. LouisCity of St Louis on the 11th day of March 1834

John KJohn K .
Sheriff

Service 50 paid
by

Atty

for plffs
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Depositions of witnesses, produced sworn and examined
on the fifteenth day of March eighteen hundred and thirty four
between the hours of seven in the forenoon and five in the
afternoon of that day at the office of WilsonWilson Primm, a Justice
of the peace in the City of St LouisSt Louis, State of MissouriMissouri, before me
the said WilsonWilson Primm, in a certain cause now depending
in the St Louis Circuit CourtCircuit Court , between Thomas L SmithThomas L Smith
plaintiff and PierrePierre Chouteau ChouteauPierre Chouteau Junior defendant on the
part of the plaintiff.

ManuelManuel Alvarez, of lawful age being produceed sworn and
examined on the part of the plaintiff deposes and says:
in the month of September eighteen hundred and thirty one
I was in the employment of the American Fur CompanyMissouri Fur Company . I was
sent from Yellow Stone River when there was a establishment of
the Company, to the mountains where the Company had
a party of men under the Charge of Mr HenryHenry
vanderburg, for the purpose of serving as Clerk. In
posting up the books I observed that nearly all the men
were indebted, but that Mr SmithSmith the plaintiff had a
credit on the books of fourteen hundred dollars or there
abouts. Thinking that perhaps there might be error, I
inquired of Mr Vanderberg and was informed by him
that the credit was correct, it being for beaver and
other articles which said SmithSmith had sold the Company
and which were at the establishment on the Yellow Stone
SmithSmith left the camp in the mountains in the same
month that I arrived there, with a party of men to go
and hunt for the Company. The amount due Mr SmithSmith

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had not been diminished, and was the same when I left
the party establishment in, the mountains that it was when I
went to it, with the exception of one or two hundred
dollars for which he had received value. The beaver
& other things which SmithSmith sold the company and for which
he had the Credit before mentioned on their books, were
sold by him before he was employed by them and had
been acquired by him when acting for himself. That
beaver was at the Yellow Stone Establishement when I
was there before I went to the mountains, and as all
beaver is sent from there to St LouisSt Louis, the presumption
is that the beaver sold by SmithSmith was also sent to St LouisSt Louis
The books of which I have spoken and in which Mr SmithSmith
was credited as aforesaid, belonged to the American
Fur CompanyMissouri Fur Company of which Peter ChouteauPierre Chouteau Junior was a
partner and agent here at St LouisSt Louis

About a year after the time above mentioned
Vanderberg was killed in The mountains. The books of
which I have spoken were left by me about the second
of last August in the hands of Mr Fontenelle at the
Camp in the mountains. When I went there as before
Stated, Mr SmithSmith was then also. I never saw SmithSmith
after he left the camp for the purpose of hunting as
aforesaid until this winter. Some of the men who
had gone with him came back to camp in December
of the same year, their Expedition having been frustrated
by the Indians who stole their horses. I dont know
that any payment of the amount due SmithSmith was ever
paid made to him Otherwise than as above stated.

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I feel confident that there is a balance now due him
of at least twelve or thirteen hundred dollars by the
American Fur CompanyMissouri Fur Company - Mr Fontenelle in whose
hands I left the books as before stated, was the agent
of the Company for the expedition in the mountains.

Alvarez

Sworn to & subscribed before me this fifteenth day of March a.D 1834

WilsonWilson Primm J. P.

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Etienne Proveau, of lawful age being produced sworn
and examined on the part of the plaintiff deposes & says:
In the month of July eighteen hundred and thirty one
was in the employment of the American Fur CompanyMissouri Fur Company
with a party of their men in the mountains under the
command of Mr HenryHenry Vanderberg who was agent of the
Company. Then I saw Mr SmithSmith the plaintiff in this
Cause. M Vanderberg informed the that he had bought
SmithSmith out. that is he had bought his beaver and
Equipment but did not say how much he had
agreed to give for the same: I was not present when
the trade was made, and could not distinguish the
beaver that smith had sold from other beaver already
there - I saw there two mules which Vanderberg had
got fromSmithSmith . Vanderberg was the agent of the
Company Carried on business for them_ and all the
acts which he performed were for the company and on

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their account. I became acquainted with SmithSmith
the plaintiff in the Spanish County in the year
Eighteen hundred and twenty four. He was a hunter
and trapper then, and I have known him as such
since that time. He never was in the employment
of the American Fur CompanyMissouri Fur Company previous to the time
he sold them his beaver & Equipment as aforesaid
to my knowledge. I never saw him Eighteen hundred and twenty four until I saw him at the
Camp in the mountains when he sold out to Vanderberg
I went away from the Camp in the fall leaving
SmithSmith then with Vanderberg. In December I returned,
SmithSmith was gone and some men came to camp
and reported that they and SmithSmith had been
by the Indians who stole their horses.

Etienne Proveau his mark

X


Sworn to and subscribed before on this fifteenth day of march Eighteen hundred and thirty four

WilsonWilson Primm J. P.

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I WilsonWilson Primm a Justice of the peace within and for the county of St LouisSt Louis
in the State of MisouriMissouri do hereby certify that ManuelManuel Alvarez and Etienne
Proveau the deponents were by me severally sworn to testify the whole
birth of their knowledge, touching the matter in controversy aforesaid
that they were examined and their examination reduced to writing
and by them respectively subscribed in my presence on the day,
between the hours, and at the place in that behalf first aforesaid.

Wilon Primm J.P.

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Fees_ Justice $ 1.93
Constable 50
$2.43

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for plff $ 2.43

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Thomas L. SmithThomas L Smith
vs
Pierre ChouteauPierre Chouteau Jr JrPierre Chouteau Jr .

St. Louis Circuit CourtCircuit Court.

Take notice that on the twenty first day of March in the year of our Lord one thousand eight hundred and thirty-four, between the hours of
eight, in the forenoon and five, in the afternoon, of that day, at
the office of WilsonWilson Primm in the City of St. LouisSt Louis
State of MissouriMissouri
depositions will be taken by the undersigned, to be read on the trial of the above entitled case, on
behalf of the plaintiff; and that the taking of said depositions, if not completed
on that day, will be continued from day to day at the same place and between the same hours,
until completed.

March 18. 1834
To the above named defendant

Thomas L. SmithThomas L Smith


by

DarbyDarby & SpaldingSpalding
attys.

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Thos. L. Smith
vs.
Pierre ChouteauPierre Chouteau Jr JrPierre Chouteau Jr .

notice

DarbyDarby & SpaldingSpalding


for plff
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Executed this notice by delivering a true
copy of it to Pierre ChouteauPierre Chouteau in the city
of St. LouisSt Louis on the 18th day of March 1834

John K WalkerJohn K Walker Sheriff


by

J. BrothertonJames Brotherton DP

Service 50 cts by SpaldingSpalding
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Depositions of witnesses produced, sworn and examined on the
twenty first day of March eighteen hundred thirty four, between
the hours of eight in the forenoon and five in the afternoon of that
day at the office of WilsonWilson Primm a Justice of the peace in the
City of St LouisSt Louis State of MissouriMissouri before me the said WilsonWilson Primm
in a certain cause now depending in the St Louis Circuit CourtCircuit Court
between ThomasThomas . S Smith plaintiff an Peter ChouteauPierre Chouteau Jr
defendant on the part of the plaintiff.

David.E.JacksonJackson , having against taking
an oath being solemnly affirmed, declares and says:

I am acquainted with Thomas L.Smith the plaintiff and
became acquainted with him, in the spring I think of eighteen hundred and thirty two at Thaos in the Territory of New MexicoMexico, some time
after he and his party were robbed by the Indians. Mr SmithSmith
was then preparing to take another hunting expedition among
the mountains. The departed on that expedition and I did
not see him from that time until eight or nine days since
at this City.

I knew HenryHenry Vandenberg who was formerly in the
employment of the American Fur Compamy. I have Seen
him often in the mountains engaged in trading & trapping
It was a part of his business to buy beaver & furs as well
from the whites as from the Indians, and I know that
he did buy fur from whites as well as indians.

D E JacksonJackson

Sworn to and subscribed before me this 21st March AD. 1834

WilsonWilson Primm Justice of the peace

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Marcus Barclay being produced sworn and examined
on the part of the plaintiff deposeth and saith.

I became acquainted with Thomas. L. Smith the plaintiff
in the full of eighteen hundred and thirty two, in the spanish
territory. SmithSmith was then in the employment of & Black=
well and continued with them until he arrived at
Leavenworth some time in January last. He was in their
employ until some time last summer. The business of
and BlackwellBlackwell was hunting and trapping. I was with SmithSmith
the most of the time that he was in the employ of and
BlackwellBlackwell , and did not go any wise near the same region
of country that any of the parties of the American Fur CompanyMissouri Fur Company
were trapping in.

M Barclay

Sworn to and subscribed before me this 21st March AD 1834

WilsonWilson Primm Justice of the peace

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ManuelManuel Alvarez being produced sworn and examined on the
part of the plaintiff, deposes and says:

In the month of September eighteen hundred and thirty one
I was in the employment of the American Fur CompanyMissouri Fur Company . I was
sent from Yellow Stone River where there was an establishment
of the company, to the mountains where the Company had a
party of men under the charge of Mr HenryHenry Vanderberg, for the
purpose of serving as clerk. In posting up the books, I
observed that
nearly all the men were indebted, but that
Thomas L. SmithThomas L Smith
the plaintiff had a credit on the books of
fourteen hundred dollars or thereabouts, Thinking that perhaps
there might be error, I inquired of Mr Vanderberg and was
informed by him that the credit was correct, it being for beaver
and other articles which said SmithSmith had sold the company
and which were at the establishment on the Yellow Stone river
SmithSmith left the camp in the mountains in the same month

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that I arrived there, with a party of men to go and hunt for
the company. The party consisted of ten men including SmithSmith . Four of them including SmithSmith were men engaged to the Company
their names were Levy - he deserted - Ignace Langlade and
Dusocher. Four belonged to O'Fallon's party - they were John
Thiery White Cotton Cyrus Alexander and HarrisHarris . The other
two were JosephJoseph L'enfant and Miller. CottonCotton Miller and
L'enfant were killed after they returned to camp in the winter.

The amount due to MrSmithSmith had not been diminished
and was the same when I left the party in the mountains, that
it was when I went to it, with the exception of one or two
hundred dollars for which he had received value. The beaver
and other things which SmithSmith sold the Company and for which
he had the credit on their books as before mentioned, were sold
by him before he was employed by them, and had been
acquired by him when acting for himself. That beaver was
at the Establishment on the yellow stone before I left there for
the mountains, and as all beaver is sent from there to St LouisSt Louis
the presumption is that the beaver sold by SmithSmith was also
sent to St LouisSt Louis.

The books of which I have spoken and in which
Mr SmithSmith was credited as aforesaid belonged to the American
FurMissouri Fur Company CompanyMissouri Fur Company of which Peter ChouteauPierre Chouteau Junior the defendant
was a partner and agent in St LouisSt Louis.

About a year after the time above mentioned, Vanderberg
was killed in the mountains. The books of which I have spoken
were left by me about the Second of last august in the hands
of Mr Fontenelle at the Camp in the mountains. When I
went there as before Stated, MrSmithSmith was there also. I never
saw SmithSmith after he left the Camp for the purpose of hunting
as aforesaid, until this winter. Some of the men who had gone
with him came back to Camp in December of the Same year

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their Expedition having been frustrated by the Indians who
stole their horses. I dont know that any payment of the
amount due SmithSmith was ever made to him otherwise there as above stated.

I feel confident that there is a balance
now due SmithSmith of at least twelve or thirteen hundred
dollars, by the American FurMissouri Fur Company CompanyMissouri Fur Company . Mr Fontenelle
in whose hands I left the books as before stated, was the
agent of the Company for the Expedition in the mountains.

Manl. Alvarez

Sworn to and Subscribed before me this 21st march AD 1834.

WilsonWilson Primm Justice of the peace

.
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I WilsonWilson Primm a Justice of the peace within and for the CountyCounty of St Louis
of St LouisCounty of St Louis in the State of missouri, do hereby Certify, that DavidDavid E .
EDavid E . JacksonJackson , Marcus Barclay and ManuelManuel Alvarez the deponments
were by me severally sworn & affirmed to testify the whole truth
of their knowledge, touching the matter in Controversy aforesaid
that they were examined and their examination reduced to writing
and by them respectively subscribed in my presence, on the day
between the hours, and at the place in that behalf first aforesaid

WilsonWilson Primm Justice of the peace

.
Fee $ 2.25
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ThomasThomas L Smith LThomas L Smith SmithThomas L Smith
v
Pierre ChouteauPierre Chouteau Jr JrPierre Chouteau Jr

Assumpsit

And the said Pierre ChouteauPierre Chouteau
by GeyerGeyer his attorney comes and defends the wrong
and injury where & and says that he did
not undertake and promise in manner and
form as the plaintiff hath above thereof complaned
against him and of this he puts
himself upon the country &c

GeyerGeyer

for deft
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And for further plea in this behalf the said defen
dant says that the said plaintiff ought not to
have or mantain his aforesaid action thereof against
him, the defendant because he says that the said
plaintiff before and at the time of the commence
ment of this suit tourt on the eight day of march in the year of our Lord eighteen hundred and thirty at the county of St LouisSt Louis aforesaid was and
still is indebted to the said defendant in a large sum
of money to wit in the sum of five thousand dollars
for divers goods wares and merchandizes by the
defendant before that time sold and delivered to the
plaintiff at his request for money by the defendant
before that time lent and advanced to and paid
laid out and expended for the plaintiff and
at his like request and also for other money by the
plaintiff before that time had and received to and
for the use of the defendant, which said sum of money
so due and owing from the plaintiff to the defendant
exceeds the damages sustained by the plaintiff for the
non performance of the promises and undertakings in
the declaration mentioned and the said defendant
is willing and hereby offers, out of the money so due to bring
to set off and allow the full amount of any damages as
aforesaid. and this he is ready to verfy wherefore he
prays judgment of the plaintiff ought to have or
maintain his aforesaid action thereof &c

Filed march 26th 1834

A GambleArchibald Gamble clk

GeyerGeyer

for defts
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No 90

St Louis Circuit CourtCircuit Court
March Term 1834

ThomasThomas L Smith LThomas L Smith SmithThomas L Smith
vs
Pierre ChouteauPierre Chouteau Junr.

Pleas non
set off

Filed march 26th 1834

A GambleArchibald Gamble Clk

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St. Louis Circuit CourtCircuit Court
March Term 1834

Thomas L. SmithThomas L Smith
vs.
Pierre ChouteauPierre Chouteau Jr JrPierre Chouteau Jr .

And the said plaintiff as to
the plea by the defendant first above pleaded & wherein
he himself upon
and as to the second plea above, the plaintiff
saith that he ought not by reason of anything
in that plea alleged to be barred from having and
maintaining his action thereof against the said de-
fendant, because he says, that he doth not owe
to said plaintiff the said sum of money in said plea
mentioned or any part thereof in manner and form
as in said plea is alleged: and this he prays
may be inquired of by the country &C.

DarbyDarby & SpaldingSpalding


for plff
Filed March 29th 1834

A GambleArchibald Gamble Clk

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No.90

March Term 1834
St. Louis Circuit CourtCircuit Court

Thomas L. SmithThomas L Smith
vs.
Pierre ChouteauPierre Chouteau Jr JrPierre Chouteau Jr .

Replications

debit to set off

J SpaldingJ Spalding
atty

Filed March 29th 1834

A GambleArchibald Gamble Clk

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Credit & Judgment for $600 book 7 - 368
Fee bill 169

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Thomas L. SmithThomas L Smith
vs
PierrePierre Chouteau Jr ChouteauPierre Chouteau Jr JrPierre Chouteau Jr .

St. Louis Circuit CourtCircuit Court.

Take notice that on Tuesdaythe Tuesday theeighth day of April in the year of our Lord one thousand eight hundred and thirty-four, between the hours of
eight o'clock, in the forenoon and five, in the afternoon, of that day, at
the office of WilsonWilson Primm, Esqr,, in the City of St. Louis,
& County of Saint Louis,
depositions will be taken by the undersigned, to be read on the trial of the above entitled case, on
behalf of the plaintiff; and that the taking of said depositions, if not completed
on that day, will be continued from day to day at the same place and between the same hours,
until completed.

April 4th, 1834.
To the above named defendant
PierrePierre Chouteau Jr ChouteauPierre Chouteau Jr JrPierre Chouteau Jr .

Thomas L. SmithThomas L Smith

by

his atto.: J. F. Darby

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Thomas L SmithThomas L Smith
vs
Pierre ChouteauPierre Chouteau Jr JrPierre Chouteau Jr .

notice to take depositions

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Executed this notice by reading it to PierrePierre Chouteau Jr
ChouteauPierre Chouteau Jr JrPierre Chouteau Jr in the CityCity of St Louis of St LouisCity of St Louis on the 4th day of April 1834

John K WalkerJohn K Walker Sheriff

by

JJames Brotherton BrothertonJames Brotherton DPShff

Service 50 cts
paid by

atto J SpaldingJ Spalding


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of witness product sworn and examined on the eight day of april eighteen hundred and thiry four, between the louis of eight o'clock
in the forenoon and five in the afternoon of that day, at the office of
WilliamWilliam Primm in the City of St LouisCity of St Louis and County of St LouisCounty of St Louis in the state of
MissouriMissouri before me the said WilsonWilson Primm a Justice of the peace within
and for the County aforesaid, in a certain cause now depending in the
Circuit CourtCircuit Court of St Louis County aforesaid, between ThomasThomas L Smith LThomas L Smith SmithThomas L Smith
plaintiff and Peter ChouteauPierre Chouteau Jr. defendant on the part of the plff

Simon Card of lawful age being produced sworn and examined
on the part of the plaintiff deposeth and Saith: That he is acquainted
with ThomasThomas L Smith LThomas L Smith .SmithThomas L Smith the plaintiff he knew him on the River Platte
about three or four years ago; SmithSmith had been acting for himself
hunting and trapping in the mountains on his own account and
had with him some mules loaded with beaver which he told deponent
was three packs and a half. SmithSmith had also with him a
. A short time after, SmithSmith entered into Vanderberg's employ
and the general report which deponent believes, was, that he sold his
beaver to Vanderberg. SmithSmith after this went for Mr Vanderberg as
I understood to hunt and trap in the mountains. Deponent has
not seen SmithSmith from that time until a few days since in St LouisSt Louis.

SimonSimon his

X

mark Card
Sworn to and subscribed before me
this 8th day of april A.D. 1834

WilsonWilson Primm J.P.

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I, WilsonWilson Primm a Justice of the peace within and for the County of St LouisCounty of St Louis
in the State of MissouriMissouri do hereby certify that Simon Card the deponent
was by me sworn to testify the whole truth of his knowledge touching
the matter in Controversy aforesaid; that he was examined and his
Examination reduced to writing and by him subscribed in my presence
on the day between the hours and at the place in that behalf first
aforesaid.

WilsonWilson Primm
Justice of the peace

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Justice's fee $ 1.00
Constable .25

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[missing figure]

Thos. L Smith
P ChouteauChouteau Jr JrChouteau Jr

for plff
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County Of St. LouisSt Louis, Sct.

State of MissouriMissouri,

To the Sheriff of St. Louis County-Greeting.

You are hereby commanded to summon
Peresche LaRiviene
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 the fourteenth
day of at the City of St. LouisCity of St Louis, then and there to
testify and the truth to say, in a certain matter of controversy now pending in
our said Court, wherein Thomas L SmithThomas L Smith
is plaintiff, and PierrePierre Chouteau Jr Chouteau JrPierre Chouteau Jr .
is defendant, on the part of
the defendant and have you then there this writ.

[missing figure]
Witness, Archibald GambleArchibald Gamble , Clerk of our said Circuit CourtCircuit Court , at the
City of St. LouisCity of St Louis, this eighth day of Aprilin the year of our Lord one thousand eight hundred and thirtyfour

A GambleArchibald Gamble

Clerk C.C.
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ThosThomas L Smith L SmithThomas L Smith
vs
P.ChouteauChouteau Jr JrChouteau Jr .


for
Ceran St Braint

Peresche LaRiviene

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[missing figure]

Executed this writ an Cerre St
on the 8th and Perrerche
on the 9th day of April 1835 in
the county of St LouisSt Louis

J BrothertonJames Brotherton Shff

By

M BrothertonM Brotherton D Shff

Service $ 1.00
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Thomas L. SmithThomas L Smith
vs
Pierre Chouteau JrPierre Chouteau Jr .

St LouisSt Louis Circuit

Know all men that we hereby acknowledge our
selves indebted to Pierre ChouteauPierre Chouteau above defendant
in the sum of fifty dollars to be paid however
on the following condition, viz: that if said
SmithSmith shall pay all costs accrued & to accrue in
above entitled suit, then this bond to be void: else
to remain in force witness our hands &
seals,

J. SpaldingJ Spalding

[missing figure]

J F Darby

[missing figure]
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No 90

St Louis Circuit CourtCircuit Court
March Term 1834

Thomas L. SmithThomas L Smith
vs
Pierre ChouteauPierre Chouteau

Bond for Costs.

Filed 11th July 1834

Archibald GambleArchibald Gamble Clerk

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County Of St. LouisSt Louis, Sct.

State of MissouriMissouri,

To the Sheriff of St. Louis County-Greeting.

You are hereby commanded to summon SimonSimon Cart- FrancisFrancis Durochet
ManuelManuel Alvarez and Etienne Proveau
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 19th day of Augustnext at the City of St. LouisCity of St Louis, then and there to testify and
the truth to say, in a certain matter of controversy now pending in our said Court,
wherein Thomas L SmithThomas L Smith is plaintiff, and
PierrePierre Chouteau Jr Chouteau JrPierre Chouteau Jr . is defendant, on the
part of the plaintiff and have you then there this writ.

[missing figure]
Witness, Archibald GambleArchibald Gamble , Clerk of our said Circuit CourtCircuit Court , at the
City of St. LouisCity of St Louis, this 18th day of Julyin the year of our Lord one thousand eight hundred and thirtyfour

Archibald GambleArchibald Gamble

Clerk C.C.
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[missing figure]

Served this writ on ManuelManuel Alvarez
on the 19th day of July 1834 by reading
it to him in the county of St LouisSt Louis
SimonSimon Cart, Francis Durocher and Etienne
Proveau not found in my county

John K WalkerJohn K Walker Shff

By

G HammondG Hammond Dept.

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[missing figure]

Service 50 cts
3. nonests 37 1/2
.87 1/2

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[missing figure]
July Term 1834
ThomasThomas S Smith
vs
Peter ChouteauPierre Chouteau Jr.

for plff

SimonSimon Cart

Francis DurocherFrancis Durocher Manuel

ManuelFrancis Durocher Manuel Alvarez

17

Etienne Proveau

On 19th Augts
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[missing figure]

County of St. LouisCounty of St Louis, sct.

State of MissouriMissouri,

To the Sheriff of St. Louis County-Greeting.

You are hereby commanded to summon SimonSimon Cart
FrancisFrancis Durocher Manuel DurocherFrancis Durocher Manuel ManuelFrancis Durocher Manuel Alvarez
Etienne Proveau
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 Sixteenth day of December 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 Thomas L SmithThomas L Smith is plaintiff and
Peter ChouteauPierre Chouteau Jr is defendant on the
part of the plaintiff and have you then there this writ.

[missing figure]
Witness, Archibald GambleArchibald Gamble , Clerk of our said Circuit CourtCircuit Court , at the
City of St. LouisCity of St Louis, this Eighth day of Novrin the year of our Lord one thousand eight hundred and thirty four

A GambleArchibald Gamble

Clerk C.C.
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[missing figure]

Executed this writ on Etienne Proveau by
reading it to him on the 13th day of November 1834 in the county of St LouisSt Louis, SimonSimon Cart,
FrancisFrancis Durocher Manuel DurocherFrancis Durocher Manuel , & ManuelFrancis Durocher Manuel Alveraz not
found in my county

J BrothertonJames Brotherton Shff


by

IsaacIsaac Stoner DP

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[missing figure]

Service 50 cts
3 nonests 37 1/2
87 1/2

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[missing figure]
Nov T 1834
Thos L SmithThomas L Smith
vs
P. ChouteauChouteau Jr JrChouteau Jr

for

SimonSimon Cart

FrancisFrancis Durocher Manuel DurocherFrancis Durocher Manuel

ManuelFrancis Durocher Manuel Alvarez

Etienne Proveau

16th for
plaintiff
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[missing figure]
Thomas L.Smith
vs
PierrePierre Chouteau Jr ChouteauPierre Chouteau Jr JrPierre Chouteau Jr .

You are required on the trial of
this cause to produce in evidence the books kept by HenryHenry
Vanderburgh in the Indian Country in the fall of 1831
& which contained a credit in favor of the plaintiff
of about fourteen hundred dollars, & which were
lately in the hands of Mr. Fontenelle agent of the
American Fur Co.

Dec 11th 1834

Thomas L. SmithThomas L Smith

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[missing figure]

Served the above notice on Pierre Chouteau JrPierre Chouteau Jr .
by reading it to him on the 12th day of December 1834 in the county of St LouisSt Louis

J BrothertonJames Brotherton Shff

by

G HammondG Hammond Dept

Service 50 cts
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[missing figure]

In St Louis Circuit CourtCircuit Court
November Term 1834

Thomas L SmithThomas L Smith
vs
Pierre ChouteauPierre Chouteau Jr JrPierre Chouteau Jr .

notice to produce Books

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[missing figure]

DrThomas SmithThomas Smith

1831 Sept 16th advances by Mr.
Vanderbergh
88 53 1831 Septr 16 by Sundries 1412 25
Oct 16 By several 30
October 16th advances at the 160
1832 Jany 1st To 3 25
Tobacco 2
253 78 1442 25
For Balance 1190 47 1832 By 2
1444 25 1444 25
1832 By Balance 1190 47
Note
SmithSmith had on hand belonging
the company when they parted
15 traps = 73 belonging to Langlade
Some more he bought
with 2 traps = about 40 among
them all that they bought from
Indians
= of Thomas Thomas Harris

DH

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[missing figure]
View original image: Page  035
[missing figure]

County of St. LouisCounty of St Louis, sct.

State of MissouriMissouri,

To the Sheriff of St. Louis County-Greeting.

You are hereby commanded to summon SimonSimon Cart - FrancisFrancis Durocher Manuel Durocher ManuelFrancis Durocher Manuel Alveraz
Ettiene Provost -

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 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 ThomasThomas L Smith L SmithThomas L Smith
is plaintiff and Peirre ChouteauPierre Chouteau Jr JrPierre Chouteau Jr
is defendant on the part of
plaintiff and have you then and there this writ.

[missing figure]
Witness, Archibald GambleArchibald Gamble , Clerk of our said Circuit CourtCircuit Court , at the
City of St. LouisCity of St Louis, this 26th day of Februaryin the year of our Lord one thousand eight hundred and thirty -five

A GambleArchibald Gamble

Clerk, C.C.
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[missing figure]

Executed this writ on Ettienne Proveau by
reading it to him on the 16th day of
March 1835 in the county of St LouisSt Louis
SimonSimon Cart ManuelManuel Alvarez and
Francis Durocher not found in my county

J BrothertonJames Brotherton Shff


By

G HammondG Hammond Dept

Service 50 ct. 3 nonests 37 1/2 .87 1/2
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[missing figure]

March Term 1835
Thomas L. SmithThomas L Smith
vs
P. ChouteauChouteau Jr JrChouteau Jr

for

SimonSimon Cart

FrancisFrancis Durocher Manuel DurocherFrancis Durocher Manuel

ManuelFrancis Durocher Manuel Alveraz

Ettienne Proveau -

6th April for
Plaintiff

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[missing figure]

County of St. LouisCounty of St Louis, sct.

State of MissouriMissouri,

To the Sheriff of St. Louis County-Greeting.

You are hereby commanded to summon SimonSimon Cart - FrancisFrancis Durocher Manuel DurocherFrancis Durocher Manuel
ManuelFrancis Durocher Manuel Alvarez - Etienne Proveau
TheodoreTheodore Papin_ Garet (at Papins Grocery)
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 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 ThomasThomas L Smith L SmithThomas L Smith
is plaintiff and Pierre ChouteauPierre Chouteau Jr JrPierre Chouteau Jr
is defendant on the part of
plaintiff and have you then and there this writ.

[missing figure]
Witness, Archibald GambleArchibald Gamble , Clerk of our said Circuit CourtCircuit Court , at the
City of St. LouisCity of St Louis, this 30th day of Marchin the year of our Lord one thousand eight hundred and thirty -five

A GambleArchibald Gamble

Clerk, C.C.
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[missing figure]

March Term - 1835
Thomas L. SmithThomas L Smith
vs
Peter ChouteauPierre Chouteau Jr

Witnesses for plff

SimonSimon Cart

FrancisFrancis Durocher Manuel DurocherFrancis Durocher Manuel

ManuelFrancis Durocher Manuel Alvarez

Etienne Proveau -

TheodoreTheodore Pappin -

FrancisFrancis Garet -

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[missing figure]

Executed this writ by Reading it to FrancisFrancis
Garet on the 30th Etienne Proveau and
TheodoreTheodore Pappin on the 31st day of March 1835 in the county of St LouisSt LouisSimonSimon
Cart Francis Durocher and ManuelManuel Alveriz
not found in my county

J BrothertonJames Brotherton Shff


By

M BrothertonM Brotherton D Shff

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[missing figure]

Service $ 1.50
3 nonest 37 1/2
$ 1.87 1/2

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[missing figure]
Thomas L SmithThomas L Smith
vs
PierrePierre Chouteau Jr ChouteauPierre Chouteau Jr JrPierre Chouteau Jr

In the CircuitCircuit Court CourtCircuit Court , for the CountyCounty of St Louis
ofCounty of St Louis St. LouisCounty of St Louis, State of MissouriMissouri.

To Thomas L SmithThomas L Smith - plaintiff - and - JohnJohn F Darby F DarbyJohn F Darby
and Josiah SpaldingJosiah Spalding his attornies

You Are Hereby Notified, That Depositions of Witnesses to be read in
evidence in the above cause, on the part of the defendant, will be taken, at
the office of Danl Esq in the City ofCity of St Louis St LouisCity of St Louis
in the County ofCounty of St Louis St LouisCounty of St Louis and State ofMissouri MissouriMissouri, on the fourthday of April 1835, between the hours of 8 oâclock in the
forenoon, and 6 oâclock in the afternoon.

Apl 1 1835

GeyerGeyer atty defts

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[missing figure]

Served the within Notice on John F. DarbyJohn F Darby and JosiahJosiah Spalding
SpaldingJosiah Spalding by Delivering a true copy to each of them on
the first day of April 1835 in the county of St. LouisSt Louis

J BrothertonJames Brotherton Shff


by

G HammondG Hammond Dept

Service $ 1.00
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[missing figure]

State of MissouriMissouri
County Saint LouisSt Louis

ss

Deposition of witnesses pro=
duced sworn and examined, in pursuance
of a notice hereto annexed, on the fourth day of april eighteen hundred and thirty five before me
D HoughD Hough a justice of the peace within and for the
county aforesaid, at my office in the City of SaintSt Louis
LouisSt Louis, in a certain cause now pending in the Cir=
cuit Court for the County of Saint LouisCounty of Saint Louis & State
aforesaid between Thomas L SmithThomas L Smith Plaintiff
and Pierre Chouteau JrPierre Chouteau Jr defendant on
the part of the defendant

LucianLucinda Fontenelle being produced sworn
and examined on the part of the defendant
deposeth & saith that, at the request of
Peirre Chouteau JrPierre Chouteau Jr Am: Fur Co. he took
charge of the effects of that company which
had formerly been under the charge of Mr
Vanderburg which was in July eighteen hun=dred and thirty one - witness being shown a Book
identifies it as a Book of accounts Kept by ManuelManuel
Alverez Clerk of the Am: Fur: Co in which Book
at page 122 is entered an account a copy of
which is hereto annexed marked DH and makes, part of
this deposition. The whole of the account is in
the hand writing of said Alvarez the clerk who con=
tinued to act as clerk and book keeper after witness
took charge of the effects - the value of Beaver,
traps was twelve dollars each - Beaver Skins
five dollars apiece - the above transactions
took place in the Indian Country east of the
RockyRocky mountains

examined
Witness says he took charge of the effects after

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[missing figure]
the death of Mr Vanderburg - among those
effects was the Book above referred to, and
at that time the account of said SmithSmith was
in the same State in which it appears in
the Copy hereto annexed - witness knows
nothing of said account except what
appears from the Book - Witness being
questioned as to what the memorandum at
the foot of the account âLanglade &
Moses Harris report" means, says that
they were hands in the employ of the Com=
pany at that time, and witness understands
by it that the ânotaâ containing charges of traps was made
out on their report - Langlade & HarrisHarris
had been out with SmithSmith - hands employed
by the company were generally furnished
with traps - Witness thinks he took charge
of the effects in July eighteen hundred and thirty one

Sworn to & Subscribed before
me this 4th day of April 1835 -

D HoughD Hough J.P..

L. Fontenelle

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[missing figure]

Charles BentCharles Bent being produced sworn and
examined deposeth and saith that he
knows Thomas L SmithThomas L Smith , saw him in
Taos he thinks, in the spring of eighteen hundred
and thirty two, purchased some Beaver of
him in that place in the mex=
ican
Country - can not say how much
belonged to SmithSmith , he purchaed of him something
over 200 , but undertood a part of,
it belonged to others who had been trapping
with SmithSmith - The names of thoe who had been trapping
with Smith_ The names of those who had been
trapping with SmithSmith are not recollected
except one, who wa Augt. Duroche - but

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[missing figure]

there were four or five others - Witness understood
by SmithSmith and the others in Company with him
in trapping, that they had been fitted out by
M Vanderburg - and they stated as a reason
for going into the Spanish Country that they
had been robbed of their horses by the Indians -
they had traps, thinks between twenty and thirty
and some horses with them - Witness thinks
SmithSmith told him to inform ChouteauChouteau that he
had a horse and some traps that belonged
to the Am: Fur: Co. being a part of the outfit of
one of the men who afterwards deserted
Cross examined

Witness says that he understood that most
of the Beaver had been trapped by SmithSmith and
his party, & some purchased from Indians.
understood from SmithSmith that a part of the Beaver
was trapped before he & his company had been
robbed by the Indians, and some of it was
trapped within a few days travel of Taos -
did not understand from SmithSmith that he
had been robbed of any thing but his horses,
& SmithSmith told witness that he remained in
his Camp several days after he had been
robbed of his horses - thinks he gave SmithSmith
at the rate of three dollars & a quarter per
pound for the Beaver - Witness being asked
what became of the traps: says that SmithSmith
went from Taos trapping again - SmithSmith
claimed fourteen hundred dollars of ChouteauChouteau
and gave a drft on ChouteanChoutean as agent
of the Am: Fur Co: which drft was protested -
which claim was for services, furs &c ren=
dered & delivered to Mr Vanderburg as informed
by SmithSmith - the claim originated
previous to SmithSmith & his company being robbed
by the Indians as SmithSmith also informed him -

The defendant

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[missing figure]
objects to so much of the Crop exam=
ination as relates to Smither declarations
Concerning the Draft and his claim on
the Am: Fur CompanyMissouri Fur Company

Sworn to & Subscribed
before me this day the
4th day of Apl 1835

D HoughD Hough J.P..

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[missing figure]

LucianLucinda Fontenelle being further examined
says that in July last he called on SmithSmith
three or four times to little his account
but he refused to do so, stating that he had
obtaind a Judgment against the Am:
FurMissouri Fur Company CompanyMissouri Fur Company for eleven or twelve hun=
dred dollars, and that was the settlement
he wanted with them - he did not want
any more -

Sworn to & subscribed
before me the 4th day of April 1835

D HoughD Hough J.P.

L.

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[missing figure]

State of MissouriMissouri

County Saint LouisSt Louis

ss

I DanielDaniel Hough HoughDaniel Hough a justice of the peace
within and for the county aforesaid do hereby certify that
LucianLucinda Fontenelle & Charles BentCharles Bent the foregoing deponents
were by me severally sworn to testify the whole truth of the
matter touching the matter in controversy aforesaid;
that they were examined, and their examination re=
duced to writing, and by them respectively sub=
scribed, in my presence, on the day between the
hours and at the place in that behalf first afore=
said

D HoughD Hough Justice of the peace


County Saint LouisSt Louis


Justice
fee paid by De=
fendant
$ 1.62 1/2
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[missing figure]
SmithSmith
vs
ChouteauChouteau

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[missing figure]

County of St. LouisCounty of St Louis, Sct.

State of MissouriMissouri,

To the Sheriff of St. Louis County-Greeting.

You are hereby commanded to summon Lucien Fontenelle
Charles Bent
Auguste Duroche Jno B SarpyJohn B Sarpy
CerreCerre St VrainSt Vrain
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 the forthwith
at the City of St. LouisCity of St Louis, then and there to
testify and the truth to say in a certain matter of controversy now pending in
our said Court, wherein Thomas L SmithThomas L Smith
is plaintiff and Pierre Chouteau JrPierre Chouteau Jr is
is defendant on the part of
the Defts and have you then and there this writ.

[missing figure]
Witness, Archibald GambleArchibald Gamble , Clerk of our said Circuit CourtCircuit Court , at the
City of St. LouisCity of St Louis, this seventh day of Aprilin the year of our Lord, one thousand eight hundred and thirty five

A GambleArchibald Gamble

Clerk, C.C.
View original image: Page  048
[missing figure]
ThosThomas L Smith LThomas L Smith SmithThomas L Smith
vs
Pierre ChouteauPierre Chouteau Jr JrPierre Chouteau Jr

Subpoena
for

Lucien Fontenelle

Charles Bent

Auguste Durocher

JnoJohn B Sarpy BJohn B Sarpy . SarpyJohn B Sarpy

Cerre St VrainSt Vrain

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[missing figure]

Executed this writ by Reading it to
Lucien Fontinelle on the 7th CharlesCharles Bent BentCharles Bent
JohnJohn B Sarpy B SarpyJohn B Sarpy and CerreCerre StSt Vrain VrainSt Vrain on
the 8th days of April 1835 in the county of
St LouisSt LouisAugust Durocher
not found in my county

J BrothertonJames Brotherton Shff


By MM Brotherton BrothertonM Brotherton Dept
View original image: Page  048
[missing figure]

Service $ 2..00
nonest 12 1/2
2..12 1/2

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[missing figure]

County Of St. LouisSt Louis, Sct.

State of MissouriMissouri,

To the Sheriff of St. Louis County,
-Greeting.

We command you to attach Lucien FOntinelle
by his body and him safely keep, so that you have his body before
the Judge of our Circuit CourtCircuit Court , now in session of the City of St. LouisCity of St Louis within and for the County of St. LouisCounty of St Louis,
forthwith188 then and there to tesify and the truth to say in a
certain matter of controversy, now pending in our said Circuit CourtCircuit Court , between Thos L SmithThomas L Smith is
plaintiff and P ChouteauPierre Chouteau is
defendant wherein the said Lucien Fontinelle has
heretofore been summoned on the part of the said Defendant

[missing figure]
Witness, Archibald GambleArchibald Gamble , Clerk of our said Circuit CourtCircuit Court , at
the City of St. LouisCity of St Louis, this 11th day of Aprilin the year of our Lord, one thousand eight hundred and thirty five

A GambleArchibald Gamble

Clerk, C.C.
View original image: Page  050
[missing figure]

Executed this writ and have the Body
of Lucien Fontinelle in open court
14th Apl 1835

J BrothertonJames Brotherton Shff

by

G HammondG Hammond Dept

Service 1.00
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[missing figure]
ThosThomas L Smith L SmithThomas L Smith
vs
P. Chouteau JrChouteau Jr

attachment
for

Lucien Fontinelle

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[missing figure]

County Of St. LouisSt Louis, Sct.

State of MissouriMissouri,

To the Sheriff of St. Louis County,
-Greeting.

We command you to attach CharlesCharles Bent BentCharles Bent
by his body and him safely keep, so that you have his body before
the Judge of our Circuit CourtCircuit Court , now in session of the City of St. LouisCity of St Louis within and for the County of St. LouisCounty of St Louis,
forthwith188 then and there to tesify and the truth to say in a
certain matter of controversy, now pending in our said Circuit CourtCircuit Court , between Thomas L SmithThomas L Smith
plaintiff and PChouteau JrChouteau Jr
defendant wherein the said CharlesCharles Bent BentCharles Bent has
heretofore been summoned on the part of the said Defendant

[missing figure]
Witness, Archibald GambleArchibald Gamble , Clerk of our said Circuit CourtCircuit Court , at
the City of St. LouisCity of St Louis, this 11th day of Aprilin the year of our Lord, one thousand eight hundred and thirty five

A GambleArchibald Gamble

Clerk, C.C.
View original image: Page  052
[missing figure]

Executed this writ and have the Body
of Charles BentCharles Bent now before the court
Apl 13th 1835

J BrothertonJames Brotherton Shff

by

G HammondG Hammond Dept

Service 1.00
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[missing figure]
ThosThomas L Smith L SmithThomas L Smith
vs
P. ChouteauPierre Chouteau

Attachment
for

Charles Bent

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[missing figure]

County Of St. LouisSt Louis, Sct.

State of MissouriMissouri,

To the Sheriff of St. Louis County,
-Greeting.

We command you to attach TheodoreTheodore Papan
Garm
by having their bodies and them safely keep, so that you have their bodies before
the Judge of our Circuit CourtCircuit Court , now in session of the City of St. LouisCity of St Louis within and for the County of St. LouisCounty of St Louis,
forthwith188 then and there to tesify and the truth to say in a
certain matter of controversy, now pending in our said Circuit CourtCircuit Court , between
Thomas L SmithThomas L Smith is
plaintiff and Pierre Chouteau JrPierre Chouteau Jr is
defendant wherein the said TheodoreTheodore Papan & Garm have
heretofore been summoned on the part of the said Plaintiff

[missing figure]
Witness, Archibald GambleArchibald Gamble , Clerk of our said Circuit CourtCircuit Court , at
the City of St. LouisCity of St Louis, this 14th day of Aprilin the year of our Lord, one thousand eight hundred and thirty five

A GambleArchibald Gamble

Clerk, C.C.
View original image: Page  054
[missing figure]

Executed this writ and have the two
within named witnesses in open
court 14th April 1835

J BrothertonJames Brotherton Shff

Service $2.00
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[missing figure]
ThosThomas L Smith L SmithThomas L Smith
vs
Pierre ChouteauPierre Chouteau

attachment
for

P Garon


&

S Papin

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[missing figure]

We of the Jury find for the Plantiff,
Six Hundred Dollars-

April 14: 1835

Rich B. Dallam

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[missing figure]

To the Sheriff of S LouisS Louis County