Enos Bardino vs. Thomas Smith
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State of MissouriMissouri
County of St LouisCounty of St Louis

In the Circuit CourtCircuit Court
November Term 1835

Enos Bardino by his at
torney complains of Thomas SmithThomas Smith of a
plea of trespass for that the said ThomasThomas
on the first day of June in the year 1835
with force and arms made an assault upon
the said EnosEnos in the Indian Country within
the Territory of the United StatesUnited States and beyond the
limits of any particular state or territory to wit
at the County aforesaid and then and there
did beat bruise wound, ill heal tie strip naked him the said EnosEnos and then and there
imprisoned him the said EnosEnos and kept &
detained him in prison there without any
reasonable or probable cause whatsoever for
a long space of time to wit for the space of
six hours then next following

And also for that the said ThomasThomas on
the day and year last with force and arms aforesaid at the
Indian County aforesaid towit at the Coun
ty aforesaid made another assault upon
him the said EnosEnos and him the said E
nos did then and there beat, strike wound
kick & threaten to kite and then and
there imprisoned him the said enos and
kept and detained him in prison there with
out any reasonable or just cause for a long
space of time towit for the space of

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two hours and other wrongs to the said
EnosEnos then and there did to the great damage
of the said EnosEnos . Wherefore the said EnosEnos saith
that he is impure & hath sustained damage to
the amount of one thousand dollars & there
fore he brings his suit & c.

Meyrnis
atty for plff

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State of MissouriMissouri
County of St LouisCounty of St Louis
towit

Before me Luke
Lawless Judge of the third Judicial Circuit for
the state of MissouriMissouri personally appeared EnosEnos Burdno
BurdnoEnos Burdno the plaintiff named in the within
delaration and made oath that that
Thomas SmithThomas Smith the defendant mentioned
in said declaration same time in the month
of January 1835 at teh RockyRocky Moun

tains beyond the limits of any particular
state or territory of the United StatesUnited States and
within the territory of the United StatesUnited Statesseized this affaint
and by fastening a chain round his
body bound him to a tree that the
said SmithSmith then with a large knife
cut the clothes off the person of affiant
leaving him nearly naked, that said
SmithSmith then threatened to infact sight
lashes on him unless this affiant would
surrender to said SmithSmith certain furs
which he accused affiant of having
stolen that said SmithSmith presented his in
at him threatening to kite him from
doing which as affiant belives said

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SmithSmith was only prevented by the interference
of the persons then present that owing
to the violence of said SmithSmith and fear

ing for his life affiant stated that
he had taken said furs when as this affi
ant solemnly states the declaration
then by him made was wholly unfound
ed, he never having stolen the furs attended
to or any other property and that it was
only under the bodily pain which he
was suffering & the apprehension that said
SmithSmith would take his life which induced
him then to criminate himself this this af
fiant further saith that said SmithSmith
is a transient principally living at the
RockyRocky Mountains & the Indian Country
that he has not so far as affiant knows
or can harm any real or personally
property in this state that said SmithSmith
as he thinks will soon remove beyond
the jurisdiction of this court that he verily be
lieves unless he is held to bail in this
action affiant will not be able to
procure any redress for the grievances
complained of

EnosEnos

Sworn and subscribed before me this
10 Sept 1835


Louis

let the said Defendant Thomas SmithThomas Smith the be held
to bail in the sum of four hundred dollars
10th Sept 1835

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The State of MissouriMissouri
County of S LouisCounty of S LouisSct

To the sheriff of S LouisS Louis County
greeting

We command you to take ThomasThomas Smith
SmithThomas Smith if he may be found within your County
and him safely keep so that you have his
body before the Judge of our Circuit CourtCircuit Court at
the next term thereof to be held at the city of
S LouisS Louis within and for the County of S LouisCounty of S Louis on the
second Monday of November next then and
there to answer unto Enos Bur-dno of a plea
of treaspass to the damage of said plaintiff of
one thousand dollars and have you then there
this writ

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Witness Archibald GambleArchibald Gamble clerk of
our said Court this tenth of September 1835

Archibald GambleArchibald Gamble clerk

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No 37

S LouisS LouisCircuit CourtCircuit Court
Nov Term 1835

EnosEnos Burdno BurdnoEnos Burdno
vs
Thomas SmithThomas Smith

This is an action
of Trespass
Damages $ 1000

Let a summoning is
sue

atty for plff

filed Sept 10th 1835

A GambleArchibald Gamble clk

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The sheriff is required
to hold Defendant to
bail in five hundred
Dollars

A gamble clk

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Excuted this writ by arresting the body of
the within named Thomas SmithThomas Smith on the
11th day of September 1835 in the county of
St LouisSt Louis who was the same day discharged
from my custody by giving bond & security
as Required by law which said bond is here
with Returned

James Brotherland shff


By

M BrothertonM Brotherton D Shff

Services $ 1.00
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Know an men by the presesents, That we
Thomas SmithThomas Smith as principal and
HenryHenry Francis FrancisHenry Francis as security are held and firmly
bound unto Enos Burdni
in the sum of five hundred dollars, to
the payment of which sum well and truly to be made, we do hereby bind ourselves, our heirs and our representatives, jointly and
severally, firmly by these presents, sealed with our seals and dated this eleventh day of September1835

The Condition of the above obligation is such that if the above bound Thomas SmithThomas Smith
shall be and appear at the next term of the CircuitCircuit Court
CourtCircuit Court to be holden of the second Monday in November next, in the city of St. LouisSt Louis, within and for the
county of St LouisSt Louis, to answer unto the said Enos Burdni
in a plea of Trespass
to the damage of said plaintiff of one thousand
dollars, and if judgment be given against him at that or any subsequent term of said Court, that he will pay the amount
for which judgement shall be given and costs, or surrender himself in execution thereof, or the said HenryHenry Francis FrancisHenry Francis
security will do it for him then the above obligation to be null and void, otherwise, to remain in full force
and effect.

ThomasThomas his

X

mark S Smith
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Henry FrancisHenry Francis

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No 37

Nov Term 1835
St. Louis Circuit CourtCircuit Court

Enos BurdnoEnos Burdno
vs
Thomas SmithThomas Smith

plea
not guilty

filed Nov 30th 1835

A G Clk

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Verdict for plff- Book 8 - page 214
clerk Gamble's fees $ 1- 28
fee book 225

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St. Louis Circuit CourtCircuit Court
November Term 1835

ThomasThomas S. Smith

Enos BurdnoEnos Burdno

And the said defendant
byS SpaldingSpalding his attorney comes and defends the
force & injury when &C. & says that he is not
guilty of the said supposed trespasses nor any
part thereof in manner & form as inc said
declaration is alleged and of this he puts
himself upon the country & C.

S. SpaldingSpalding
atty for deft

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And the said Plaintiff and
the like.

&


Atty & for Deft