Alexander Guianrd vs. Pierre Chouteau Junior
View original image: Page  001
[missing figure]

State of MissouriMissouri
County of St LouisCounty of St Louis


In the Circuit CourtCircuit Court
November Term 1835

Alexander GuinardAlexander Guinard by his attorney
complains of Pierre ChouteauPierre Chouteau Junior of a plea of
trespass on the case for that whereas the said de
fendant heretofore towit on the 20th day of October in the year 1835 at the County aforesaid was in
debted to the said plaintiff in the sum of Three
Hundred dollars for the work and labor care
and diligence of the said GuinardGuinard by him the
said GuinardGuinard before that time done Reformed
and bestowed in and about the business of the said
ChouteauChouteau and for the said ChouteauChouteau and at his
instance and request and being so indebted
he the said defendant in consideration thereof
afterwards to wit on the day and you last aforesaid
at the County aforesaid undertook and then and there
faithfully promised the said GuinardGuinard to pay him
the said sum of three Hundred dollars where
he the said ChouteauChouteau should be thereunto
afterwards requested nevertheless the said Chou
teau although often requested hath not as yet paid
to the said GuinardGuinard the said sum of three hun
dred dollars or any part thereof but to do the
same hath hitherto wholly neglected & refused
& so to do doth still neglect & refuse to the damage
of said GuinardGuinard three Hundred dollars & therefore
he brings his suit & C.

Maftnis
atty

for Pltff
View original image: Page  002
[missing figure]

County of S LouisCounty of S Louis

Sct.

The State of MissouriMissouri

,

To the Sheriff of S LouisS Louis County
Greeting

We command you to summon PierrePierre Chouteau
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 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
Alexander GuinardAlexander Guinard of a plea of trespass on the
case to the damage of said plaintiff of three
hundred dollars. and have you then there
this writ.

[missing figure]
Witness Archibald GambleArchibald Gamble
Clerk of our said Court at office this
23rd day of October 1835

Archibald GambleArchibald Gamble Clerk

View original image: Page  002
[missing figure]

Executed this writ by offering to read it
& the declaration to Pierre Jr the defendant
in the city of St LouisSt Louis on the 24th day of October 1835 which he refused to hear & acknowledged
the service of the same, stating that he was
apprised of the contents of it

James BrothertonJames Brotherton


Sheriff
Service $1.00
View original image: Page  002
[missing figure]
Alex. Guinard
vs
Pierre Chouteau JrPierre Chouteau Jr

And the said PierrePierre by GeyerGeyer
his attorney comes & defends the and injury
when & c and says that he did not in
& promise in manner & form as the
plaintiff hath in his declaration alleged and

View original image: Page  003
[missing figure]

of defendant puts himself upon the


State of missouri


View original image: Page  004
[missing figure]
No89
Nov Term 1835
Alex Guinard
vs
Pierre Chouteau JrPierre Chouteau Jr .

This is an action of
assumpsit
$300
summons issue


atty for pltff
View original image: Page  004
[missing figure]

Filed 23rd oct 1835

ArchibaldArchibald gamble clerk

View original image: Page  004
[missing figure]

Plea filed 14th Nov 1835

A g Clk

View original image: Page  004
[missing figure]

clerk gamble's fees-$1-13%

fee book 228

View original image: Page  005
[missing figure]
GuinardGuinard
vs
ChouteauChouteau

notice

View original image: Page  005
[missing figure]

Executed by Delivering a true copy of this noticed
to the within namedPierre Chouteau JrPierre Chouteau Jr in the
City of St LouisCity of St LouisJuly 27th 1836

D,


by

D.C

.
View original image: Page  005
[missing figure]

St Louis County, to wit; WilliamWilliam Mull being
sworn on his oath says that the above
by him made is true.
Sworn to subscribed before me
this 29th February 1836

WilliamWilliam Primm J.P

.

.Mull


Ser $.50
View original image: Page  006
[missing figure]
Alexander GuinardAlexander Guinard
vs
Pierre ChouteauPierre Chouteau Jr JrPierre Chouteau Jr .

St. Louis Circuit CourtCircuit Court

.

Take notice that on the 2nd day of March in the year of our Lord one thousand eight hundred and thirty six, 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
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.

Febry 27. 1836
To the above named defendant

Alexander GuinardAlexander Guinard

View original image: Page  007
[missing figure]

Depositions of witness produceed sworn and ex
amined on the second day of march eighteen hundred and thirty six, 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 ofCity of St Louis
St LouisCity of St Louis, before me wilson Primm, a Justice of the
peace within and for the county of St LouisSt Louis in the
state of missouri in a certain action now depen
ding in the Circuit CourtCircuit Court of St Louis County
aforesaid, wherein AlexanderAlexander Guinard GuinardAlexander Guinard is plain
tiff and Peter ChouteauPierre Chouteau Jr. is defendant, on
the part of the plaintiff, the said deposi
tions being taken pursuant to the annexed
notice.

HenryHenry of lawful age being produceed
sworn and examined on the part of the plaintiff
deposes and says.


AlexanderAlexander Guinard GuinardAlexander Guinard and myself were engaged
by Mr John in behalf of the American FurMissouri Fur Company
CompanyMissouri Fur Company to go up the MissouriMissouri for them as engages
we left St LouisSt Louis on or about the 9th or 10th of April 1834 in the capicity on the steam boat
in which we proceeded as far as the yellow stone
river, from where we proceeded in a keel boat as far
as the Country of the black feet Indians which is
said to be about two hundred and fifty leagues
distant above the yellow stone river we stopped
at the fort de la in the black feet
Country being the point of our desteration The
plaintiff as I understood was engaged by the
company for eighteen months He went up at
the same time that I did was there all the
time that I was and stated them to St LouisSt Louis
as the same time that I did. I arrived at St LouisSt Louis
about the beginning of september last. GuinardGuinard
the plaintiff was left at the noir at
Roubidoun's establishment from which he came

View original image: Page  008
[missing figure]
to St LouisSt Louis some time after me


During the whole time that we were at the
fort in the black feet Country, Guinard the
plaintiff was in the employment of the
American FurMissouri Fur Company CompanyMissouri Fur Company to whom that fort
belongs and served them well and faith fully
during the whole time that he was in their
service


Understanding that the cause of the present
suit is a claim set up by the defendants against
the plaintiff on account of the loss of some horses
of which he in part had the charge, I will
in a concise manner state the occurrence
whilst at the fort in the black feet country
the plaintiff GuinardGuinard myself, Pierre Chotillon
and another engagesince dead, were sent
by Mr one of the clerks at the fort
to a prairie about two or three miles distant
and out of sight of the fort, for the purpose
of guarding some twenty houses sent there to
be pastured we having been sent for fear
that the black feet Indians would steal the
horses, about fifteen or sixteen
indians appeared coming down
a hill at the base of which the prairie was
in which the horses were grazing
and made signs for as to go to them Chotillon
and the young man since dead accordingly went
to them they asked Chotillon for his gun he
gave it to them and one of them discharged it
in the air Chotillon then took the gun
away from them. In the mean time, having
a rope in my hand I caught a horse and made the best of my
way to the fort for the purpose of procuring
assistance. I informed Mr Culherson the Com
mander at the fort who immedeately started

View original image: Page  009
[missing figure]

off with about ten men On our route to
the prairie we met the plaintiff GuinardGuinard
and the other two men. GuinardGuinard was on
horseback, having saved one of the horses, the
other two were on foot. The other horses
and the Indians were gone. The Indians
were armed some with guns others with
bows & arrows, and lances no attempt was
made by Mr Culherson & his men to follow
after the Indians & horses my own belief is
that it would have cost the lives of us form
who had charge of the horses, to have resisted
the Indians


My wages for the eighteen months of my
engagement were two hundred & fifty dollars
and that was my first trip. GuinardGuinard had
been up the missouri before that was not his
first trip. On my arrival at St LouisSt Louis the
Company wished to deduct a hundred dollars
from the amount of my wages for my share
of the loss of those horses, but I would not
agree to the deduction. finally they reduced
their claim to fifty dollars and I settled
with them at that not that I believed them
to have a just claim against me not that
I belived myself responsible for the loss of
those horses which was unavoidable, but
that being a poor man I was unwilling
to engage in a litigation with a company
so rich, and who in case of a law suit with
them, might cause me to expend double
the amount which they claimed to deduct
at the time of our departure for St LouisSt Louis
we went to Mr Culherson for the purpose of
settling our amounts I was informed that
my amount was at the yellow stone- In
the settlement of Guinard's amount, no

View original image: Page  010
[missing figure]
claim whatever was set up against him
for his share of the loss of those horses- neither
was any claim set up against me or that
account.


The only claim against GuinardGuinard ,
set up by Culherson was a dedcution of ten
dollars for the reason that one day he had
refused to go hunting. The usual mode of
hunting in that country is to go out on
horseback and if game is killed to pack
it on the horse & return to the fort on foot
This mode is adopted to guard against danger
from the Indians. if attacked going out
the men can more easily escape if attacked
when coming in the meat can be thrown
off and the horse mounted To go out
hunting on foot is very dangerous, and Guinard's
refusal to go out was because he was ordered
to go out on foot

I reside in the town of Kahokia in
the state of IllinoisIllinois-
HenryHenry his

X

mark
Sworn to & subscribed
before me the 2nd marh 1836

WilsonWilson Primm J.P

.
View original image: Page  010
[missing figure]

State of missouri
St Louis County


ss

I WilsonWilson Primm, a Justice of
the peace in and for said county do hereby certify
that HenryHenry
the foregoing deponent, was by me first sworn
to testify the whole truth of his knowledge
touching the matters in Controversy aforesaid,
that he was examined and his examination
by me reduced to writing and by him subscribed
on the day & year, at the place, and between
the hours in that behalf first aforesaid

given under my hand this 2nd day of march AD 1836

WilsonWilson Primm J.P

.
View original image: Page  010
[missing figure]

Justices fees $ 2.37 1/2
Constables 50
2.87 1/2

paid by plff

W. Primm J.P

.
View original image: Page  011
[missing figure]
No 89
November Term 1835
Alexander GuinardAlexander Guinard
vs affidavit
Pierre ChouteauPierre Chouteau

Filed April 6th 1836

John RulandJohn Ruland Clk


View original image: Page  011
[missing figure]

Book 8-page 50
Judg - book 8- 108

View original image: Page  012
[missing figure]
GuinardGuinard
vs
Pierre ChouteauPierre Chouteau Junior

In the St Louis CircuitCircuit Court
CourtCircuit Court March Term

Pierre ChouteauPierre Chouteau Junior
the above named defendant makes oath
that Archibald Hamilton and Alexander Culbertson
are material witnesses for him in the above cause
and that he cannot safely go to trial without
their testimony, that both said Witnesses
are in the Indian Country at a distance
of twenty one hundred miles from St LouisSt Louis
That the said witnesses at and before the
the commencement of this suit were and ever
since have been in the Indian Country as
above stated, without the of any organized
state or territory, so that this defendant has
not had it is his power to have their testimoney
and this further says that he expects
witnesses in St LouisSt Louis in the month
of June next, so that he verily believes
that he can have their testimony at the
next term of this - And he further
says that his makes application for a
continuance in order to have a
on and not for the purpose of
next action or delay.

Pr Chouteau Jr


Sworn to and subscribed
before me this 11th April 1836-

D J.P

.
View original image: Page  013
[missing figure]
March Term 1836.
Alexander GuinardAlexander Guinard
vs
P. Chouteau Junr.

Sub. For Plff

PierrePierre Chatillon ChatillonPierre Chatillon

8th April 1836
View original image: Page  013
[missing figure]

Served this writ by Reading & to the
within named Pierre Chattilon on the
8th day of April 1836 in the county
of St LouisSt Louis

James BrothertonJames Brotherton

Shff
By

M BrothertonM Brotherton D

Shff
Service 50
View original image: Page  014
[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 PierrePierre Chatillon ChatillonPierre Chatillon
that setting aside all manner of execuse and delay, he be and appear in proper person
before the Judge of our Circuit CourtCircuit Court , on the 8th day of Aprilnext
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 AlexanderAlexander Guinard GuinardAlexander Guinard
isplaintiff and PierrePierre Chouteau ChouteauPierre Chouteau Junior
is defendant on the part of the
plaintiff and have you then there this writ.

[missing figure]
Witness, John RulandJohn Ruland , Clerk of our said Circuit CourtCircuit Court , at the
City of St. LouisCity of St Louis, this 29thday of Marchin the year of our Lord One thousand eight hundred and thirty six

Jn RulandJohn Ruland

Clerk, C.C.
View original image: Page  015
[missing figure]

Served this writ on Pierre ChatillonPierre Chatillon on
the 13th day of August 1836 in the county of
St LouisSt Louis

James BrothertonJames Brotherton

Sheriff
by

Louis Debreuil

Dept Sheriff
Service - 50 cts
View original image: Page  015
[missing figure]
July Term 1836,
Alex. Guinard
vs
P.ChouteauChouteau Jr JrChouteau Jr

Plff.

Pierre ChatillonPierre Chatillon

View original image: Page  016
[missing figure]

County of St. LouisCounty of St Louis, Sct.

State of MissouriMissouri,

To the Sheriff of St. Louis County- Greeting.

You hereby commanded to summon
PierrePierre Chatillon ChatillonPierre Chatillon
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
17th August at the city of St. LouisSt Louis, then and ther to Testify
and the truth to say in a certain matter of controversy now pending in our said Court,
wherein Alexander GuinardAlexander Guinard
is plaintiff and P.Chouteau junior
is defendant on the part of the
plff and have you then and there this writ.

[missing figure]
Witness, John RulandJohn Ruland , Clerk of our said Circuit CourtCircuit Court , at the
City of St. LouisCity of St Louis, this 29th day of Junein the year of our Lord one thousand eight hundred and thirty six

Jn. RulandJohn Ruland

Clerk, C.C.
View original image: Page  017
[missing figure]

Served this writ on PierrePierre Chatillon ChatillonPierre Chatillon on the 13th August 1836 in the CountyCounty of St Louis
of St LouisCounty of St Louis

James BrothertonJames Brotherton

Sheriff
By

Louis Dubreiul

Deputy
Service $ 5. cts
View original image: Page  017
[missing figure]
July Term 1836
Alex. Guinard
vs
Pierre ChouteauPierre Chouteau

Plff

Pierre ChatillonPierre Chatillon

5 August
View original image: Page  018
[missing figure]

County of St. LouisCounty of St Louis, Sct.


State of MissouriMissouri,

To the Sheriff Of St. Louis County- Greeting.

You hereby commanded to summon
PierrePierre Chatillon ChatillonPierre Chatillon
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 17th August 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 Alexander GuinardAlexander Guinard
is plaintiff and Pierre ChouteauPierre Chouteau
is defendant on the part of the
plff and have you then and there this writ.

[missing figure]
Witness, John RulandJohn Ruland , Clerk of our said Circuit CourtCircuit Court , at the
City of St. LouisCity of St Louis, this 11th day of Julyin the year of our Lord one thousand eight hundred and thirty six

Jn. RulandJohn Ruland

Clerk, C.C.
View original image: Page  019
[missing figure]

Served this writ on John B SarpyJohn B Sarpy
on the on the 19th day of July 1836
in the County of St LouisCounty of St Louis Archibald
Hamilton & Alexander Culberson not
found in my County

James BrothertonJames Brotherton

Shff
By

M BrothertonM Brotherton

D Shff
View original image: Page  019
[missing figure]

Serv $ 50
2 25
75

View original image: Page  019
[missing figure]
July Term 1836
Alexander Gunard
vs
Pierre ChouteauPierre Chouteau

sum :

John B.SarpyJohn B Sarpy


archibald HamiltonHamilton


Alexander Culbertson



5 August
View original image: Page  020
[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 John B SarpyJohn B Sarpy . Archibald
Hamilton Alexander Culbertson
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 5 August
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 AlexanderAlexander Guinard GuinardAlexander Guinard is
plaintiff and Pierre Chouteau JrPierre Chouteau Jr is
defendant on the part of defendant
and have you then and there this writ.

[missing figure]
Witness, John RulandJohn Ruland , Clerk of our said Circuit CourtCircuit Court , at the
City of St. LouisCity of St Louis, this fifteenth day of Julyin the year of our Lord one thousand eight hundred and thirty six

John RulandJohn Ruland

Clerk, C.C.