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Title: Samuel B. Smith vs. John Connelly and James Feron
Plaintiff: Smith, Samuel B.
Defendant: Connelly, JohnFernon, James
Date Filed: May 28, 1817
Term: September Term 1817
Cause of Action: Injunction
Case Number: 56
Court: St. Louis Superior Court of the Territory of Missouri
Publication Info: St. Louis, Missouri: Washington University in St. Louis, University Libraries 2011
Source: The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Availability: Documents are in the public domain

To wit, St LouisSt. Louis Aug. 14. 1816 MissouriMissouri Territory,

Be it remembered, that on the Nineteenth day of August, One thousand, eight hundred and Sixteen James FernonJames, James FernonFernon, John ConnollyJohn Connolly, and Samuel B SmithSamuel B Smith, have respectively, contributed in eight sums towards, a voyage, up the Misissippi, River, for the purpose, of trading for, the furs, : - that, it is expressly, and agreed, upon by parties, of these presents that at the expiration or termination, of the, said expidition, and after, a tab, of the proceeds, of such trade, the proceeds, thereof as well, as of the profits, and all are to be fairly, and equally divided between, the aforesaid James FernonJames Fernon, John ConnollyJohn Connolly, and Samuel B SmithSamuel B Smith,

Witness, Signed, John ConnollyJohn Connolly, Sam, B SmithB. B SmithSmith, James FernonJames Fernon,

the original whereof was lodged, by marked consent, with one John Wright, of St LouisSaint Louis aforesaid for safe keeping, ; - That all of the partners were, to go on the, said expedition, : - And your orator further, shows that they obtained from the superintendant, of Indian, affairs at St LouisSt Louis a or permit, so made with the Indians, on the waters of the Mississippi RiverMississippi, Mississippi RiverRiver and the and prepared for their, expidition, that your orator was, then sick, of a complaint and James FernonJames James FernonFernon one of the, said defendants, concluded not, to go on the said expidition, , and put one John Manson, in his stead, and place upon terms, and conditions, agreed upon, by said FernonFernon & Manson, that the said ConnollyConnolly, your orator, as agent for FernonFernon, : embarked with,

To the Honorable the Judges of the Superior CourtSuperior Court, of the Territory, of MissouriMissouri sitting, as a Court, of Humbly, complaining your Honor, , your orator Samuel B SmithSamuel, Samuel B SmithB. Samuel B SmithSmith, of the town, and county, of St LouisSaint, St LouisLouis and Territory, of MissouriMissouri that, on the nineteenth day of August in the year one thousand eight and sixteen at the town, and county, of St LouisSaint Louis aforesaid a certain, conversation was, had and moved, by and between, a certain, John ConnollyJohn John ConnollyConnolly, and James FernonJames James FernonFernon, whom your orator prays may, be made and taken, as defendents, in this his Bill, of Complaint, and your respecting a trading voyage, up the River MississippiRiver River MississippiMississippi, and its tributary waters, among the Indians made, after several conversations, upon the subject, it was agreed, by and between, them, that each of them should furnish an equal, part, in value of goods suitable for the Indian trade, or money to purchase, the same. and also promises, for the trip, a Boat, and its and for hiring interpreters, and hands for that expedition, and thereupon, your orator furnished money, for his part, of said equipment and outfit, which amounted, to the Sum of Five thousand, three hundred and thirty six, dollars or thereabouts, :................................. about the sum of two hundred & Twenty five, dollars which, was furnished more, than his proportion, and for which he gave his promisory note to, the said Connolly, & Fernon, payable in May, or June, following and in which interest was calculated, and included, at the rate of five per centum per annum, and thereupon, the said Connolly, Fernon, and your orator, made & entered, into a written, agreement in the words, and figures following,

the goods and outfit, aforesaid, on board, of a Keel, boat having previously engaged two interpreters, one of whom was intended, to accompany, some of the partners, on some part of, said expedition to, the River Saint Peters and who it was, understood, the language of, the Sioux tribe, of Indians, and other other tribes who inhabit, those regions, , the name of this interpreter was FrancoisFrancois Lebalke, .-

And your orator furhter states, that they proceeded up, the said River MississippiRiver River MississippiMississippi, in said Keel, Boat, and were detained, at Portage some days in repairing, the boat, and arrived, at Rock Island - and it was, there determined, by and between the said ConnollyConnolly, and your orator, , that said ConnollyConnolly, should take one, one third, of the whole outifit, of goods, and one of the interpreters, and go and establish, himself on account of the company at or near the mouth of the River, and that your orator, and Manson, the agent, of FernonFernon, with Labalk, the interpreter, should proceed, to the River Saint Pierre in the, Keel Boat, with the residue, of the Goods and Equipment,

That accordingly, your orator, and said Manson ascended, the MississippiMississippi with, the interpreter, and the other hands, in, the Boat aforesaid and arrived, at about the Eigth or tenth, day of November, and about this time, the river was filled with ice, so that it was altogether, impracticable to, ascend the river, at that season, of the year:- that their pork and flour, was by this time, nearly consumed, and exhausted, and there, was no opportunity, of trading, with Indians, at that place: and your orator was, much at a loss, to determine, what course the outfit out to pursue and, which steps to, take for the benefit, of said - and before

he had come to any definite conclusion, he recieved, a letter from his partner ConnollyConnolly, requesting him to come to the mouth of the Soway River, with all or a part of the goods of the firm, , that he could dispose, of them, and that his gun, powder was nearly sold, and at all to bring him ConnollyConnolly a supply of the powder, without which he could not take his other Goods to the Indians, .

And your orator further states, that agreeably to the request of the said ConnollyConnolly as aforesaid, , he made preparations to join the said ConnollyConnolly and the MississippiMississippi, being then frozen, over and passable on the ice, he hired men trains and horses to carry the Goods he was about taking down to wit, about the equal half part of the two thirds, him & Manson, had taken together and left the remainder, with the said Manson, then he accordingly started, with the said goods on said trains and with much difficulty arrived with the goods at Rock Island, and the ice was not strong enough to proceed further in that manner- accordingly your orator believing it absolutely necessary that his parther should have a supply of powder took all that your orator had being on Horse back, and in that way went to said ConnollyConnolly at the mouth of the Sowy river. and delivered, to him the powder: and as there was not a sufficient quantity, of that article, it was, concluded that your orator should return, to St LouisSaint Louis by after, a further, supply of gun, Powder.

And your orator further states, that his partner ConnollyConnolly then there gave him an order on Mr Thomas HanlyThomas Hanly, of St LouisSaint Louis for a quantity of gun powder, and he started at that inclement season by land for that purpose, arrived

that the exact, quantity of Goods returned unsold by Manson, and your orator, , and which were stored, at Davis's, he cannot, say: the value at prime, cost was, he thinks somehwere, about thirteen, or fourteen Hundred dollars:- the goods returned, by ConnollyConnolly, having no thereof he cannot state, the quantity, or value, but believes, the quantity or value cannot be large, in proportion, to the others as ConnollyConnolly, had better success, in trade than the others, .

And your orator, further states that after the, said goods. furs, and were thus stored, as aforesaid, and also a quantity of feathers supposed, to be about four Hundred pounds weight about five hundred pounds weight, of Bees wax, about one hundred weight of sugar, the said Fernon & Connolly raised difficulties with your orator, refused to settle according to the sums of the copartnership and together to refuse him.

That the then brought to thirty six or thirty eight Packs or pactons of bear skins, deer skins, muskrat skins, racoon skins, beaver skins, & other skins, the precise number & quantity of each your orator, cannot positively state.

And your orator further, states that he regularly requested, of the said FernonFernon & Connoly, to divide, the said furs, pelts, , and effects according to said article of agreement which they wholly, refused and would neither come to a settlement, or decision, : and your orator therefore agreed with one EphraimEphraim, Tour to sell, him a part of the for cost at the following rates, Deer skins, at the rate, of thirty, three & one third cent per, pound. Beaver, skins at the rate, of three dollars per pound muskrat skins at the rate, of twenty cents each: Racoon, skins at fifty, cents each. otter skins at three, dollars each and,

at St LouisSaint Louis procurred Four Kegs, of Gun, powder, on the said order hired another interpreter, to proceed with, him in order, to trade with, some of the neighbouring Indians, , and returned to, the mouth of the Sowwy, River - Connolly his partner, had removed some fifteen or twenty miles from, his first establishment but the found, him at the mouth of, said Sowway, River, and delivered to, him two, more Kegs of, gun powder, - and left, the remainder, in charge of a French, trader and proceeded to, Rock Island brought down, the goods he, had left there to the mouth, of the Sowway, River recieved his Two Kegs, of powder and, commenced trading, with the Indians, at that place,

And your orator further states, that he continued, to trade, and traffick with, the Indians, , and used his utmost, for the benefit, of said partnership until, the spring when Manson descends, the River MississippiRiver Mississippi to the mouth, of the Soway River, having traded, very little with, the Indians with, the boat and the balance, of the goods -- that, his partner, ConnollyConnolly and, himself gatherd, together the remains, of the goods not sold, their skins, furs, pelts, and effects excepting, about two, Hundred muskrat skins & five guns, which were left, with the interpreter, and which were, afterwards delivered, to your orator, at St LouisSaint Louis and with Manson embarked in, the boat fo, St LouisSaint Louis and arrived, safely sometime, the beginning of May, and stored their, said goods, skins, furs, and at RalphRalph Davis's in, the said town, of St LouisSaint Louis &, that FernonFernon was then, at St LouisSaint Louis-

And your orator further states, that Manson, did not sell, or dispose, of many of the goods. That your orator, sold more, > to advantage but, not to the total, of the trade, of his partner ConnollyConnolly, who had been stationary, & trading, the whole winter,

Beark skins at three, dollars each, and caused Twenty, Seven of said skins, furs, and to be transported to, the cellar of,

Gibbons, in the Town, of St LouisSaint, St LouisLouis, to assort, and count, the same, and to receive, payment therefor from, the said EphraimEphraim Tour, for the said company but before, the said skins furs and, were then assorted & counted and finally delivered to, said EphraimEphraim Tour, , the said Fernon & Connolly retook, the same, or some part for them, so that the goods, and effects are still in, the power, & possession, of the said Fernon, & Connolly or have been sold, or disposed of by them - and the said Fernon & Connolly will neither, permit your orator to, have control, or power over, the said goods furs skins, peltices a& effects, nor will, they make, a settlement, or division thereof according, to said article, of Copartnership, : -

And, your orator further states, that the said FernonFernon, and ConnollyConnolly are transient, persons, have permanent place of, residence, or abode in, this terriroty, and are about to leave, it, for parts unkown, to your orator, - and your orator, is advised that, he cannot maintain an action at law against, them only account until, the said copartnership is terminated, and he is fearful that they will convert and dispose, of all, the said copartnership effects, and leave the county so that, your orator will be remidiless in the promises, and deprived, of his part & portion, of said property or, the proceeds,

and, your orator, further states, that the Bills, of account, and invoices, and sales, of said company are not, in his power, or possession, but are in the possession, or power of the said defendants, as he supposses, . So that the said defendants, can only, make a statement of, the partnership transactions, and your orator, hath frequently, in a friendly manner applied, to the said defendants, to make a fair and equal,

division, of said, partnership effects, , and to come to a fair, and just, account, and settlement, with your orator, . Which they, have wholly neglected to do although, your orator expressely charges, the fact, to be that he is entitled to a third put thereof according to, said Articles of Copartnership, all which and doings, of the said doings of the said James FernonJames Fernon & John ConnollyJohn Connolly, , and their Confederates, are contrary to right equity, , and good conscience, and to defeat, and defraud, your orator, of his part and, portion, of the said partnership to his manifest wrong, and injury.

In tender consideration, whereof and forasmuch, as your orator, is altogether remidiless, in the premises, by the strict rules, of the common law, , and cannot have any discovery, or relief, without the without the aid and assistance, of a Court, of matters, of account; copartnership concerns, writs, of injunction and of , , and

To the end therefore that the said James FernonJames Fernon, and John ConnollyJohn Connolly, , and their confederates when discovered, may after, their corporal oaths, have direct, and positive answers make, to all and singular, the matters aforesaid, as fully as if the same were herein, again , and they thereunto particularly interrogated, and more especially, that they, may answer, and set forth, .

1st-Whether or not a conversation, was had & moved, by and between, the said defendants, and your orator respecting, a trading, trip up the Mississippi RiverMississippi River, - if so, what was the substance, and amount, of such conversation, .

2-: Whether, or not an outfit was furnished for, such expedition, ; by whom: to what amount: in what articles, article by article the quantity, & conts, of each:- by whom paid, for and, how:- in what proportions, by each, of the parties aforesaid,

3.- Whether or not a written, article of copartnership was, made and entered, into by and between, the said, defendants and your orator, ;- if so, when & wehre, ; the contract, thereof; with whom it was, deposited where it now is :-if the copy set, forth in the Bill is a true copy if that the variance, may be and the article set forth, in the answers, of the defendants in words ad figure at full length.

4.-Whether or not the said partners to trade with the Indians: or any of them & for whom obtained.

5. Whether, or not all of the partners were not to accompany, the said expedition: did they do so: if not who failed in doing it and why.

6- Whether or not your orator, the said ConnollyConnolly, & Manson, with the Indian Indian interpreters, & hands. did not ascend the MississippiMississippi, river, in the said keel boat, on the said trading voyage. if, so where did they first stop: and why: where did the said ConnollyConnolly leave the boat: and why what part of the goods did he take with him what interpreter, how many men, and where did he establish himself.

7.- Whether or not your orator & Manson did not ascend, the river with an intention of wintering, at or near the River Saint Pierre &, were they not stopped, at PrairiePrairie de chirn and prevented by the ice from going on-

8.-Whether or not the said ConnollyConnolly wrote to your orator, that his Gun Powder was nearly sold: requesting him to come with, the goods, to ; and particularly the Gun Powder, and the reason for such request if not what did ConnollyConnolly send, to your orator for. and why.

9.-Whether or not your orator carried, gun powder to said ConnollyConnolly at Joway River, and how much: and why: did any person go to St LouisSaint Louis after a further supply: who went in what way or manner. if such person returned- with what supply, how disposed of and with whom left, whether the weather was then inclement and uncomfortable or moderate, .

10 Whether, or not your orator established himself, at the mouth of Soway River, , and traded with the Indians, there ifnot where was, he, and why

11 Whether, or not, Manson made, any profits by trading, with Indians, the amount, of expenses, Paid out not the amount, of goods sold, furs bought, and the good

12 Whether or, not ConnollyConnolly did not trade with, the Indians, at and near, the Soway River, as one of the partners, what goods he sold or disposed of, what skins, pelties, & furs he received, in payment, or bartered for, How many Beaver skins, Bear skins, Otter skins, Muskrat skins, Raccoon skins, & Deer skins did he obtain, what quantity, of feathers, bees wax, and articles How many of each, of them your orator traded &, bartered for, :

13 Whether, or not the skins pelties, furs effects and, goods of said, company with in, the hands, of your orator, . the said ConnollyConnolly & the said Manson were embarked on a boat, the said, boat after, the return of Manson, from did ConnollyConnolly, your orator & Manson come over, in the said boat, if said boat & Cargo arrived safely at St LouisSaint Louis, were they landed, and stored, where by whom and with whom, what quantity, of goods is undisposed, of and unsold, and the articles, , and cost, of each, what is, the whole quantity amount, and worth, of the skins furs pelties feathers, , feathers bees wax sugar, , and oher, stored up belonging, to said company, who discharged, and paid the interpreters and hands or, what sums Manson, was employed, by whom, or, what shares, , for what and by whom paid,

14 Whether or, not the said Fernon & Connolly have, the said goods skins, furs, pelties, & effects, in their possession if, not, , who has them, : has any part thereof been sold or disposed, of by them by whom, for what price, what amount, what payments, and what balance, is in there, .

15 Whether, or not the said defendants, have the original articles of, agreement, Books, invoices, sales, credits,

and papers, of said comoany, and that they may, be produced, on the hearing, of this cause & before, the auditor, - if they have them, not where are they,

16- Whether, or not the defendants have accounts, 10 and with, your orator for, his third part, of said effects, if so when, and wher, and what was, the amount, - if they have not accounted, why not or than

17- Whether, or not the said company made any profits and how much at what place, , and places and by what

18- Whether, or not the said defendants both, or neither, of them have, a permanent residence, in this territory are, they or either, of them about leaving, the territory without,, having, a settlement or paying, your orator, his part or portion, and have, thy not the whole of the partnership propery, in their possession, and at their disposal, that the said defendants, may, be ordered, and compelled to, pay to, your orator, the part coming &, him, and said partnership, that they may be obliged, to bring in, and deposit with, the proper office, of this Honorable Court, all such, Books of accounts, of the said partnership together with, the invoices, sales, papers, , and writings touching, the same, . that the said defedants, may be restrainted, From selling, and disposing of, the partnership effects unless to the consent, of your orator, and that a Writ, of may be granted, against them, in favor of your orator restraining, them and each, of them from leaving this territroy until the demands, of your orator aforesaid are fairly & justly settled and filed, and that your orator may have such, & further relief in the, in the of this case my require, that it please, your Honors therefore to grant, your orator, the writ, of Subpoena requiring, the said defendants, and each of them to personally be, and appear before, this Honorable court then &, there have full perfect and distinct answers, to all and Singular, the premises, on this, and each of respective,

corporal oaths, to be by, them taken on, the of Almighty, God and also the Writ, of and restraining, them & each, of them from leaving, this territory, while they shall have given security according, to law to, pay sheriff, the just demands, of your, said orator, as aforesaid, and to stand to, and abide by and perform, the is the and also an injunction, the said defendants, from disposing, of the than of your orator in said partner, ship and also the of a directed to, them the said defendants, thereby requiring, them & each, of them to bring in and deposit with the proper office of this case, all such, Books of account of the, said partnership invoices, and papers relating to, the promises as, they or of them shall in, their anser to, your true confess, to be in their, hands, proven, or custody, or in, the hands, proven, or custody, of any other person or persons in trial, for them or rather of them, And the said defendants, may stand, to, perform, , and abide such further order &, is the promises as, this Honorable Court shall, make therein,

And your orator will pray, Samuel B SmithSamuel B Smith,
Territory, of MissouriMissouri Town, of St LouisSaint Louis ss.

Samuel B SmithSamuel, Samuel B SmithB. Samuel B SmithSmith being duly sworn on, his oath saith, that the partnership transaction believes him, him

and James FernonJames Fernon & John ConnollyJohn Connolly, is not settled, or finished, nor, is the said partnership dissolved, that the said Fernon &, Connolly have, the goods, effects, furs in their, power, or possession of have disposed, of the same that, he is advised, by his Counsel, that an action, of cannot be maintained against the said Fernon & Connolly, while the said partnership, is dissolved, or that he is informed & believes, that information to be true, that the said Fernon & Connolly, intend shortly to leave, this territory without, an and that injustice will be don to, him unless a writ of Exeat, is issued, against them, , and they be compelled to give, security to abide by the law of this honorable court, in the promises, .

Samuel B SmithSamuel B Smith, Sworn, to & subscribed this, 30th day of May 1817 Y.
No. 56 september 1817 Samuel B SmithSamuel, Samuel B SmithB. Smith vs John ConnollyJohn Connolly James FernonJames Fernon,

Bill for to of

May 30, 1817 Discontinued- 52

CharlesCharles Peck being, also duly sworn on, by oath saith, that he was present when JamesJames to Samuel B SmithSamuel B Smith, a copy of the award on the Back of which is endorsed, the affidavit of EphraimEphraim Tour, and asked him whether he would accept of and abide, by the same that he the said Samuel B SmithSamuel Samuel B SmithB Smith, then declared that he could not - that he the said James FernonJames Fernon, there as left him if could come to a settlement of their business, and the said SmithSmith, declined giving him an answer, and further saith not

CharlesCharles Peck, Sworn to & subscribed, the 5th day of, June 1817 between the hours of nine of the clock in the forenoon and, twelve o clock, at noon of the same day before me at my office
To mr Samuel B SmithSamuel B Smith Sir

Take notice that on the sixth day of June instant between the hours of nine of the clock in the forenoon, and twelve, oclock at noon of the same day we Shall attend, at the office of V in the town of St LouisSt Louis, to take the depositions, or affidavits of witnesses, to be, read before the Honorable Silas BentSilas, Silas BentBent Esquire, in opposition, to your application pending before him for a of and ne Great-

June 6th 1817 yours James FernonJames Fernon, John ConnollyJohn Connolly,
County of St LouisCounty of St Louis, ss.

being duly sworn, on his oath saith that he hath, this day served, the Samule B SmithB Smith, with a copy of the notice, on the other side by delivering, the same to the said Samuel B SmithSamuel B Smith, and further saith, not

Sworn, to & subscribed, they 6th june 1819 before

EphraimEphraim Tour, being also duly sworn, on his oath saith that he was one of the to arbitrate between Samuel B SmithSamuel B Smith, James FernonJames Fernon and John ConnollyJohn Connolly, affecting a settlement of their concerns, that as was entered into by the said parties, that and were the other two references that they proceeded with examination and had partly finished, wherein John ConnollyJohn Connolly one of the said partes took the said bond, , which he that he did so before the said arbtrators, had come to any decision that the said arbitrators did afterwards proceed on to arbitrate, and were about making it their answer, when Samuel B SmithSamuel B Samuel B SmithSmith called him the depondent, aside told him that the said ConnollyConnolly, had destroyed the said writ, they the said arbitrators or references might, as well doing any thing further in as much as he the said SmithSmith could not abide by their

Territory, of MissouriMissouri, ss.

Sedgwick Marble being duly sworn, on his oath saith, that he did, on tuesday or wednesday last, in a conversation, with James FernonJames Fernon, the said James FernonJames Fernon stated, to him that on Sunday, then next, he the said James FernonJames Fernon would, be ready to start with the depondent, to leave, country and that he wished to purchase a house to with said depondent

Sworn, to & subscribed before me at, my office, within the hours shall, june 6th 1817 at half part

sworn, and would rather, have the things settled, by law, that afterwards James FernonJames Fernon applied, to the said arbitrator, for three, which were accordingly delivered, to him signed, by the said arbitrator,

Sworn, to & subscribed before me, at my office, the day & year and between, the hours stated, in the annexed notice being,
To James FernonJames James FernonFernon, & John ConnollyJohn John ConnollyConnolly,

Take notice, that on the sixth day, of June instant between the, hours of nine of the clock in the forenoon, and twelve, of the clock at noon, at the office of Joseph, J Garnier Esquire, in the town of St LouisSaint, St LouisLouis I shall take affidavit, to be read before the, Honorable Silas BentSilas Bent, on the application, pending before, him for a writ, of and

yours June 6.1817 Sam B SmithB Smith,
County of St LouisCounty of St. Louis ss.

being duly sworn on his oath, saith that, he has this day served James FernonJames Fernon, and John ConnollyJohn Connolly, with a copy of the within notice, by leaving the, same, with them, the said James FernonJames Fernon & John ConnollyJohn Connolly,

Sworn, to & subscribed, 4th june 1817 before me,

The written notice, was left, with me by J Garnier, at about half past eight oclock

To Samuel B SmithSamuel B Smith, Sir

Take notice that on the Sixth day of June instant between the hours of nine of the look in the forenoon and twelve oclock at noon of the same day, we Shall attend at the office of in the Town of St LouisSt Louis to take the depositions or affidavits of witnesses to be read before the honorable Silas Bent Esqr in opposition to your applicant pending before him for a writ of and me exent

your June 6th 1817 James FernonJames Fernon, John ConnollyJohn Connolly,
Samuel B SmithSamuel, Samuel B SmithB. Samuel B SmithSmith, vs James FernonJames Fernon & John ConnollyJohn Connolly,

On Bill filed in, the office, of the clerk, of the Superior CourtSuperior court, of the Territory, of MissouriMissouri Northern Circuit, and for an application to, the Hon, Silas BentSilas, Silas BentBent one of the Judges, of the

Samuel B SmithSamuel, Samuel B SmithB Samuel B SmithSmith being duly, sworn, on his oath, saith that the amount of the outfit for, the trade, with him and the said Fernon & Connolly was in, the whole, the sum, of Five thousand, three Hundred and thirty six, Dollars, and of which, he was entitled, to the - That the goods and furs pelties, and effects of the said partnership, as stated, in the said Bill, brought and one in the power and, possession, and care, of said Fernon & Connolly, of by them - that this deponent received, of the said company, goods to about the amount of eighty or, one Hundred Dollars and about forty four, dollars in muskrat skins &, and no more the balnce, they the said defendants have, or the same hereby disposed of by, them - that no settlement has, been made between, him & them, and they have returned, to come to a settlement, - that he had good reason, to believe that both, of said defendants in and to leave this territory without, an intention to remain, to reside there, : - that FernonFernon told, him a few, days ago that, he intended to leave, this for PhiladelphiaPhiladelphia in a few, days, ; - that ConnollyConnolly, said also he would leave SLouis, as soon as he, could get off &, has left his boarding house,

That this deponent verily, believes that the goods of the said, partnership on their return, to St LouisSaint, St LouisLouis. the boat, - furs, and and other effects, after the of the voyage, are at least of the value, of four thousand five hundred dollars as you can judge from a rough, estimate, and calculation, (not having the amount of goods form & effects to to now the books of said company)- That at the time the said agreement he did not know of the intention, of said defendants not to that they, have refused to make him, satisfaction for his part of said partnership funds and property, he does verily believe, that great injustice will be done to him unless, the said defendants be, compelled to give bail :- that this deponent verily, believes that the bail aught to be in the sum, of two, thousand dollars, to secure, to him his, just proportion of said partnership goods effects, and the, proceeds thereof and the damages and costs, -:

Sam B SmithB Smith, Sworn to & subscribed this, 6th day of june 1817 before,
St LouisSt Louis May 28th. 1817

It appearing to us the undersigned arbitrators, appointed to settle the dispute existing between Fernon Connolly, , and SmithSmith that there is a deficit of one thousand seven hundred and sevety six dollars 326, which appears to have arisen from the two third part of the stock in trade of said firm which had been, allotted to the management of FernonFernon, and SmithSmith on a division of the goods for trading purposes and as they have not exhibited to us any aid, whatever of how this deficiency has occurred We, award that each of those persons, individu-ally stand charged by the firm with his individual half of said deficiency to say FernonFernon, shall be charged and held indebted to the firm of Fernon, Connolly, , and SmithSmith in the just, & full sum of Eight hundred and eighty eight dollars 16cts and SmithSmith be charged and held indebted to the said firm in a like sum of Eight hundred and eighty eight dollars the ets which several sums will produce the deficit not accounted for. Given under our hands and seals the day and date, above written-

Signed
scott
E. Town

EphraimEphraim, Town being duly sworn, on his oath saith that he was one of the aforesaid arbitrators, between the parties aforesaid that prior, to entering, into an examination or investigation, of the matters to be submitted to them by the said parties they were severally sworn, well and truly

to arbitrate, and a true, award to bring between, the said parties that the same was, done in the presence, of the said parties that they the said, arbitrators then sworn, went into an examination, of the matters, aforesaid received the proof of the said parties in the presence of the said parties and that they unanimously, agreed upon and brought an award between the said parties a copy whereof is on the other side, and further saith not,

(signed) Sworn, to &, subscribed this 6th day of june 1817 between the hours of, 9 OClock, in the forenoon &, twelve OClock at noon, of the same day before and at my office,

On the within will, I have to grant, a against the defendants John ConnollyJohn John ConnollyConnolly and James FernonJames Fernon, the sum for which they are required, to give give security, I fixed at two hundred and forty dollars or one hundred and twenty dollars each, that they will abide, such of the Court as may here after be made in their trust, before writ, of it is that the Complainant Samuel B SmithSamuel, Samuel B SmithB Samuel B SmithSmith, in the office of the Clerk of the Court a Bond with approved security, (I do approve of and EphraimEphraim, Tour of St LouisSt, St LouisLouis for said security, ) in the final, sum of two hundred and forty dollars to account, for any damage, that may arise, to the Defendants ConnollyConnolly, and FernonFernon, in conveyance, of the Issuing, of this writ of against them-

Come, at my near, near St LouisSt. Louis June 7th 1817. Silas BentSilas Bent,

All such books of security, of the said partnership, invoices, and papers relating, to the as they or either of them shall answer to your orators, bill, to be in their hands, power, or custody, or with, hand power or of any other person or persons in trust, for them or either of them, and the said defendants may, stand to perform, and abide such decree as court shall make and your orator, will ever, pray

Samuel B SmithSamuel, Samuel B SmithB Samuel B SmithSmith, by
Territory of MissouriMissouri County of St LouisCounty of County of St LouisSt, County of St LouisLouis ss.

Samuel B SmithSamuel, Samuel B SmithB Samuel B SmithSmith, being duly sworn, on his oath saith, that the partnership, between him and James FernonJames James FernonFernon, and John ConnollyJohn John ConnollyConnolly, the said

Territory of MissouriMissouri Northern, circuit ss. The United StatesUnited States of AmericaAmerica to James FernonJames James FernonFernon, and John ConnollyJohn Connolly, greeting

You are commanded that all excuses and delays being set aside, you, and each of you personally be and appear before the Judges of our Superior CourtSuperior, court of our Territory of MissouriMissouri at, said Superior CourtSuperior, court sitting as a court of and to be held in, and for the said Territory within and for the northern circuit of the said Territory at the town of St LouisSt Louis on the third monday in September next, , then and there in, our said court to answer unto, the Bill, of complaint, of Samuel B SmithSamuel B Smith, then there to be exhibited against, them, and to said to abide, and perform, the decree, of the said Superior CourtSuperior, court in the and of this, they are not to fail at their peril, and our sheriff of our county of St LouisSt, St LouisLouis, is hereby commanded then and there to make return of this, our writ, and certify to our, said court how he executes the same

Witness, the Honourable Alexander StuartAlexander Stuart Esquire presiding Judge, of our said Court at St LouisSt Louis this eighteenth day of june in the year of our lord one thousand eight hundred and seventeen and of our Independence, the forty first C.

Excuted this writ, by reading, the same to the within named Defendents in the town & County of Saint LouisCounty, County of Saint Louisof County of Saint LouisSaint Louis, june 20th 1817

Service, 1.20
no. 2 In Chancery Northern Circuit, September Term 1814 Samuel B SmithSamuel B. Samuel B SmithSmith, vs James FernonJames Fernon & John ConnollyJohn, John ConnollyConnolly,

Subpoena,

for
Samuel B SmithSamuel B Smith, vs Fernon & Connolly,

answer,

filed, september 10th 1817

The joint and several answer, of James FernonJames Fernon, and John ConnollyJohn John ConnollyConnolly, defendants to a Bill of complaint exhibited, against them by Samuel B SmithSamuel B. Smith complainant and in the Superior CourtSuperior court for the territory of MissouriMissouri, the chancery sitting for the northern circuit.

These defendants now and at all times hereafter saving and reserving, to themselves all manner of benifit and advantage of to the many errors, and in the complainants said Bill of complaint contained, for answer thereunto or not. so much therof as they are advised is material for them to make answer with. answer and say that they admit it to be true they were, in partnership with the complainant in the year eighteen, hundred and sixteen, and that they fitted out an expedition up the MississippiMississippi, river for the purpose of trading with the indians as stated in the complainants bill, that each partner was to furnish, an equal share of said expedition or outfit, to bear an equal share of all expenses and losses; and receive one equal third part of whatever profits might be made they also admit that they and each of them did sign, and execute the written agreement stated and set out in the complainants Bill, under date of the nineteenth of August of the year eighteen hundered and sixteen, the original, whrereof they herewith show and file with their

answer, the amount of the goods and merchandises which they took up the river for the purposes, of trading as aforesaid, was, five thousand three hundred and thirty six dollars forty seven cents and no more, of which an invoice, is herewith shown and filed and prayed, to be taken as part of this answer, marked exhibit, no 1, of defendants, . That all the furs, pelties, Bees wax, , feathers and other articles traded for by said defendants when up the river including those acquired, by the complainant, the other partner, are contained or, mentioned in the account, threof herewith shown and filed marked Exhibit, no 3 of defendants, of which it will be seen that nine, hundred and seven dollars, ninety seven and a half cents worth have been sold, leaving a balance unsold, of six, hundred and thirty dollars worth, and three cents these likely to be injured, by keeping, have been shipped, to PittsburghPittsburgh, for sale, these defendants also state that they have paid for and on account of said copartnership, of Fernon, Connolly, & Smith, the sum of eight hundred and ninty nine dollars one & half, cents agreeably, to the account thereof herewith shown &, filed marked, Exhibit no.4 of defendants. The one third part whereof the complainant, owes to them or ought to be charged with, that the said complainant, on his own private, account to these defendants the sum, of three hundred and fifty nine dollars, , thirty nine cents. according to the account therefof herewith shown, and filed market exhibited, no 5. of defendants, also the note therein charged, . Also that he owes, to the company, the sum of, one hundred & twenty, three dollars,

Seventy two cents the balance of an account herewith shown marked exhibit { No 6 } of Defendants and prayed to be accepted and taken as part of this answer. two thirds, whereof he aught to account for to these defen, - dants John ConnollyJohn Connolly, one of these defendants owes to the company the sum of one hundred and nine dollars seven cents as per an account thereof herewith also shown and filed marked Exhibit {No 7} of defend-ants. that the goods returned and brought down by the complainant and Manson, from PrairiePrairie, du and also the quantity of fur and other articles traded, for by them are contained and specified, in the invoice, and list thereof herewith, also shown and filed, marked exhibit {no 8} of Defendants. and that the said complainant, and Manson, had with them about two thirds of the whole capital stock of goods belonging to the company. That an invoice of goods returned by John ConnollyJohn Connolly, and the furs, and other articles by him traded, for and brought down the river amounting, to the sum, of one thousand and sixty eight dollars seventy eight and a half cents, will be seen by an account thereof herewith filed and shown marked Exhibit {no 9} of Defendants. that it was mu, - tually, agreed on by and between the complainant and these defendants on terms well known to the complai,

ant, and in virtue, of between him and FernonFernon, that the said Manson, mentioned in the complainants, Bill should go up the river in the place and stead of this defendant James FernonJames Fernon, and the said Manson, did accordingly accompany the said expedition and outfit as, is stated in the Bill and was, to receive, one half Fernons share of the profits. The defendants also admit, they obtained a license from the proper constitutional, authorities to trade with the Indians, as stated by the complainants, Bill these defendants do most absolutely deny, that they ever refused, to come to a fair and honorable settlement with the complainant, On the contrary, thereof they state that they could never, get the said com-plainant, to come to any settlement with them that they did once to wit, on or about the twenty third day of May eighteen, hundred and seventeen enter, into an obligation jointly, with the said complainant, drawn by Joseph T Garnier, in the penal sum of one thousand dollars conditioned that they and each of them should well, and truly abide by and perform the final award and arbitrament, of ThomasThomas Hanley, , Moses ScottMoses, Moses ScottScott and EphraimEphraim Tour, one of whom was chosen, by each partner, to whom the subject matter contained in the complainats, Bill was referred, and they the

said arbitrators and referees, after having been sworn, to do Justice to the parties, according to the best of their judge ment did accordingly meet at the Town, of St LouisSt Louis, on the twenty, eigth day of May in the year aforesaid, in the presence, of the said complainant, and these defendants and after having heard, all the statements and proof of the parties and examined, their accounts did make up their award in, writing now, here shown, and prayed to be made part and parcel of this answer marked, Exhibit, no 10, of defendants whereby they did under their hands and seals, order and direct that both the complainant and James FernonJames James FernonFernon, one of these defendants should stand charged with, the sum of $1776.32, by the complainant, being the amount unaccounted, for by the complainant and Manson, Fernon's, agent and that each one of them should be charged with half of said sum. that this award, was therefore show, to the said complainant with a request that he would comply therewith; which he utterly, refused to do. These defendants do therefore state that they never refused to settle the partnership, accounts with the complainant, but that they now are, and always have been ready to settle and adjust the same themselves or by any other persons, capable of settling accounts.

They admit however that they refused to let him have one third of the proceeds before a final settlement was made and all costs and charges were paid. and these, defendants do most positively deny, that according to their understan-ding of the terms of the copartnership, , the said complain-ant or either, of the other, partners is entitled, to any dividend until all the company accounts have been settled and all proper charges against it paid. and that in this case there were no profits made, but a great loss, sustained principally, by the bad mana-gement of the complainant and Manson, as appears, by said award. These, defendants also state and admit that they did take out of the possession, of the said.

Gibbons, the fur and, other articles belonging to the company which the complainant had improperly, and without the consent, of these defendats who were then present in the Town of St LouisSt Louis caused, to be removed from davis where they were first stored by James FernonJames James FernonFernon, to the cellar, of said Gibbons, , This step these, defendants were, induced to take from the conduct of said comp-lainant in order to secure, themselves; for they now have and then had every reason to believe that if the said complainant could have effected a sale and delivery of said furs, and other articles he would have possessed, himself of the proceeds of the sales and

left the county, and would have rendered no, account thereof but would have left these defendants to have from him in the best manner they could. The property so by them taken has been partly sold and the ballance shipped, to PittsburghPittsburgh, for sale as has already been shown, and herein, stated all for the use, of the company.

These defendants further ans wering state that John ConnollyJohn John ConnollyConnolly, after having ascended to Rock, Island returned, to the mouth of the river Soway, and had with him only about the one third part of the whole outfit, or capital stock, of goods. With which he continued, to trade there the whole season, that he had with him two hands only, one an, interpreter named , the other named Robert Hunter.

This defendant John ConnollyJohn John ConnollyConnolly, admits that he wrote, to the complainant at PrairiePrairie, not only for the gun, powder but also for the goods he had with him there, informing him that if he would bring them down, to where he was to wit, at the mouth of the Soway, river, they would all be traded and bartered, off there, ; But instead of doing this the said complainant, brought down, to Rock Island as he stated himself

only about the half of what goods he and Manson had at PrairiePrairie, du ChienChien, , including two kegs, of gun powder. From which place he brought down to the mouth of the Soway, river only the two kegs of power; having left the ballance of the aricles at Rock Island in care of a man to whom he agreed to give nearly double the amount of wages, paid by the company to any other hand; and which these defendants have been obliged, to pay. These two kegs, of gun powder were brought from Rock Island on the ice, and not, on horseback, as these defendants believe to be true and Why the complainant, could not have brought down all the goods there, in the same way these defend-ants Cannot say but they are of opinion they might and ought to have been so brought down, and that a great loss, has thereby been sustained by the complainant, . This defendant ConnollyConnolly, also states that the said complainant, on his arrival at the mouth of the Soway, river contrary, to his advice and consent, determined on coming down to, for more gun powder, alth. this defendant ConnollyConnolly urged, to him the inexpediency, of the trip even if it, were prcticable, and altho he was told that before he could get back, the trading season would be past. Discovering however that

he would come down to use his own phraseology, dead or alive, this defendant Conolly gave him an, order on Thomas HanlyThomas Hanly for gun powder which however he did not deliver at the mouth of the Soway, river until the season was nearly past. On, his arrival there he delivered to this defendant the two kegs, as stated and this defendant urged, him to bring all his goods and the ballance of the powder on his return from Rock, Island the second time with the goods left there by him in descending, to the house of this defendant who would inform him how, he might, trade them all off. But instead, of doing this he persisted, in establishing himself at the mouth, of said river, and within about ten miles of the establishment of this defendant. By this time the trading season was over. These defendants cannot say whether on the arrival of the complainant and Manson PrairiePrairie du, ChienChien, the river was so filled with ice, as to prevent them from ascending, the river higher. They however, think it probable that was the facts. But they are of opinion and think the said complainant, and Manson might have traded more at, that place if they had used the proper means and exertions, , and have done much better for the company. These defendants, admit that they are not

in the territory, , but they deny that they have any inten-tion of quitting, the territory or, avoiding a settlement of their company transaction, . They are preparing, another outfit for the Indian trade, and expect, to start, in a short, time for that purpose, up the river with the hope of returning to St LouisSt Louis, at the usual time for the return, of Indian trades which is the Succeeding Spring. All the goods brought down the river remaining, on hand, have been disposed of by these defendants: an account whereof is herewith thereon & filed marked Ehxhibit (no, 2) of defendants, these goods being greatly damaged & very unsaleable were disposed, of in such man-ner by these defenants for the benefit of the Company as they thought best-some at private sale and some at auction, as the defendants, could find, opportunities of selling them. This measure they thought most to the Interest, of the company to adopt for the following reasons; first to close, the partnership, transactions and pay off expences as far as they could secondly the said goods were liable, to become more damaged and and injured by being kept, on hand: thirdly, Goods and articles of those kind, were daily depreciating in value, throughout the united,

States as well as this Secretary-1st Interrogatory these defendants have already admitted the article of partnership as stated and the terms thereof 2nd to this these defendants say they have already fully answered & exhibited the invoice Shewing the amount of the Capital stock one third whereof each party was to pay for or be chargeable with

3 To this Interrogatory they say they have fully answered 4,5,6,7,8,9, 10 To all these interrogatories these defendants say they have fully & suffici-ently answered & refer therefore to the body of their other answer

11. To this Interrogatory they answer that Manson made very little profits by Trading with the Indians and that the amount of Goods bought sold & returned; of furs bought & of expences incurred have already been shewn

12. these defendants admit that ConnollyConnolly Traded with the Indians at the mouth of the river and that the amountand number of articles traded for & brought down both by him & the complainant have been shewn and are contained in the accounts thereof heretofore mentioned & filed

13. To, this interrogatory these defendants say they have sold some of the furs &, other articles the property of the company &, have shippd, others as herein before stated, & shown by the accounts filed.

To, this they answer, & say they have already fully answered.

15 To, this the defendants answer and admit they have the original invoices & books and that they are ready to produce them when & where this honorable court shall direct,

16 To, this interrogatory they say they have fully answered

17 the company made no profits but sustained a great loss to wit, not less than three thousand dollars principally owing, to the bad management of the complainant & Manson, as already stated,

18 To, this question the defendants say they have no intention to leave the territory but intend going up the river on a trading, voyage from, which they to return next spring,

And these defendants deny all manner of Confederacey & combination where with they stand charged in & by the said bill, of complaint without that, that there is any

other matter or thing material or necessary for these defendants to make answer unto & not herein & hereby & Sufficiently answered unto confessed or avoided Traversed or denied, is true. . all which matters & things these defendants are ready to aver and prove as this honorable court may direct and award & humbly pray to be hence dismissed with their reasonable costs & charges in this Behalf most wrongfullysustained.

CarrCarr for Defendants
Territory of MissouriMissouri ss.

James JohnJames James JohnJohn Connelly being duly Sworn on their oaths do say that the matters of fact stated in the foregoinganswer to the Bill of complaint of Samuel B SmithSamuel B Smith as resulting from their own Knowledge , are true, and there Stated as resulting from the information of others they verily believe the same to be true

J Connolly James FernonJames Fernon Sworn to & Subscribed this 10th day of September 1817 before me

Invoice of Goods Purchased 1816 July and Aug. 28 37%27300Do 120 1/2 3%13182 6/12 shawls $205000 8/12 shawls $151000 shawls 12.001800 shawls 15 4 2800 Do 33753 10/12 Do 9206 7/12 8.526626 yrds red flannel 65169046 yellow 52 1/2287596 domestic 40385044 50220025 Do 379379 Do 25225 9 1/2 small glasses 755 yards narrow ribbon 703503 yrds 7522510 yrds ribbon 40040002 yrds ribbon 2254507 yrds ribbon 25017507 Butcher knives 302101 1/2 doz pen knives 5004 1 10/12 pen knives 35052511 4/12 doz pruning knives 30043003 6/12 doz Barlows 15052521 1/2 yds Bear skin 2004300140 Tin cups 12 1/2475015 large Tin cups 80120012 small Buckets 12514754 1/2 swansdown 125562 21 1/2 cloth 20049008 hoes 5 axes 2501250205031 3/4 check 551750 domestic 403620113 3/4 do white 317 1/24265 371501000.51

Amount Forward$100051Hatchet 125 Tea Kettle 3004251 lot of Needles2001 frying pan1755/6 Coarse Pantalons15001 Bed & 2 Bolsters 4007 knives 4 forks and 6 plates 3753 yrs Scotch 1 bread 160 remnants ,,83150 cotton balls 34503/4 ,,66Sugar Bowl and Cannister 1004 Trunk Locks 1003 paper ,,755 yrds Linen 502503 yrds Coarse Linen 100 752252 RoseRose Blankets 3006001 RoseRose Blanket 250 30021001 1253 Trunks 2006001 additional 10841 40000Do 4372625021 Blue cloth 30063009 prs and 2 yrds Blue 4550 Binding 125 602 1/2 Sup Do 2005002 11 oz Bread Knives 1653303 Butchers8034/12 white Bone 150 20 1663333 from 735 lbs11 cts8085

16 prs 12802 do do 125250H do do 1375501 1/2 5007506 doz ginger rings 754501 1/2 Brass thimbles600 carriage on the above30830 yds coating43006 doz gun screws 7545010 bunches garnets 303001 doz looking glasses3501 doz looking glasses2501/2 do do7514 tal traps 100140027 carriage on the above29711 Shawls 68710 pr india siripes 175175010 pewter basons 40400Add 10 percent on philada prices 1049.1110500L. K. M 26 1/2 Blue cloth 2255962 1/227 Do Do 2127573727 Do Do 20054003 gun Locks 2256755 gun locks 20010001 1/2 doz butcher knives 2003001 dozen large knives 312 1/26001 7/12 white Bone 3004753 dozen looking glasses 53 1/41/2 Do8 1/21 1 66 yrds course cloth 11274256 1/3 doz blue handkerchief 40025333 doz green shawls 5001500$2699.13

amount up$2699.131000 1000 20 packs playing cards666 6 prs Binding200 300651/2 Domestic 402620153 lbs tobacco 304590128 lbs tobacco 1924323 boxes cigars 400012001 file50 Add 15 percent on 483.09 on Philad price 72.4556 1/4 Calico 28157557 Calico 25142556 Calico 35196056 Calico 3016.80281/2 Calico 3085528 Calico 3598069 Calico 3 258 1/2480 gun 14801/2 gun snuff boxes 66 1/24 Blk handkerchiefs 1506002 doz butcher knives 210420 12006001 1/2 45 10 25 pencils 25 cts ink powder 2550 2 lbs pepper 8 1/21 doz nutmeg 100 15 percent on 13654 philad price 264 1/226 1/2 vermilion 32586 524 lbs of tobacco 22115283 lbs China vermilion $5150018 lbs 236002 1/2 yellow Binding 2095.243/4 thimble 140

2 1/2 doz knives 300750 and carriage on knives 20331 knives 3701162725 lbs powder 60150036 1/2 galls Gin 125456267 1/2 whiskey 6750 of 1125 3900 Bill for knives 5908 Boat per receipt 170003 beaver traps 1950 repairing guns 2751 doz scrapers 60013 to 1735 24502 guns from 200012 guns and bill 9501140019 lbs tobacco 30570128 lbs Coffee 5064005 104002 rifles 330013 1/2 lbs of cordage 251751 handsaw 450 1 square 755.251 file 37c 1 pr compasses 37.752 50 3787 100 cash advanced LaBatte ( interpretr )2000 cash advanced for sundry uses 200 1 pr trousers 400 B. O'Fallon for 8 1/2 531 62550 lbs powder of Bill 25001 500 Blacksmith's Bill 11623 barrels pork 25 7500 Dryed Beef Bennet 650 amt forward 433114

Brought forward -433114 cost to JosephJoseph Peppin 2500 looking glasses -3.75 10.0020 25 5.00 cash pd Michl Fink 10.00 sugar 58.50 pd the Baker -12.00 BradyBrady and McKnights for salt 16.00pd for caulking 15.7541 Barrel salt 8.00 pd John Arrey for rigging 5.00 cash pd sundry charges 29 Aug. 7 Bill 17.37 Blacksmith's Bill 12.00 to JamesJames Leary 5.00 pd for castings 46.46 41.40 amt of -418.05 pd Fink 6.05 7.84 5.75 29.00 4.37 pd Leary 1.00 1.75 deduct error 2.25509180 goods pd Samuel B SmithSaml B Smith 50895544 1/4 2.2599.56 -3.00 Butcher knives and 6.00 pd cash for boat expenses 11.00 hats 72.00 candle and fishing hooks -2.43 14 Galls of whiskey -14.00 33 socks and mittens -20.620 2 blank books 1.50

4 Bed cords 2.50 Whiskey .75172 doz 3 square files 3.001 flat6.00 postage at St LouisSt. Louis3.50 nails 1.00$5336.47

Invoice of merchandise Purchased for Connoley july and aug 1816

Exhibit (n:s) of Defes

Filed September 10th 1817 J V GarnierJ. V. Garnier S. C.N.G.

Account of sales of goods remaining on hands

Exhibit No. 2 of Deft

filed September 10th 1817 J.C. Garnier S.C.N.C.

On acct sales of goods remaining on hands the property of Connolly & Smith sold at St LouisSt Louis September 1817 by John ConnollyJohn Connolly Sold Mr Thos Hanly recd 90 days 62 damaged 2 1/2 & 3 Blankets 754650 125112571 1/2 yrds damaged 10071504 3/4 8 1/2415 1/28 yrds cloth 1129004 3/4 yrds coarse cloth 10047018 damaged 509003 3/4 grey coating 1003752 scarlet cassimere 100200243 1/2 yrds Calico partially damaged 18 1/4456557 1/2 domestic cotton 3017252 1/2 Gingham 15,,3 1/283 blue martin 20166044 3/4 India siripe 12 1/2568 1/21 yd Swansdown 7560 madras & other handkerchiefs 19114015 small madras handkerchiefs 5,,755 collar flag handkerchiefs 3718765 handkerchiefs 2013007 shawls 87c612 1/213 shawls 5/4 506506 shawls 5030034 Blue India hankerchiefs 12 1/24255 lbs vermilion 1507502 10/12 Bone Handled Knives 112 1/2318 1/21 6/12 Wooden Handled 3 1/2,,561 9/12 2404204 narrow & 2 wide binding 201209 snuff boxes 12112 1/2 remnants of ribbons 9501 1/2 doz looking glasses 75

Sales continued amt forward 324.372 Large and 4 Small files (damaged) 75 A lot of thread 2.00105 1/2 lbs of tobacco (damaged) 88447 lbs of 10070060 lbs powder 5030002 doz gun screws 751502 tin snuff boxes 2550 A lot of needles - - - - - - - -100810 - - - - - - - 7560056 Tin cups 350 pans and cooking utensils -37512 lbs shot 810020 lbs lead balls 51003 old 33 1001 broken 1505 scrapers 37 1876 Hoes 754503 old axes - - - -325 cooking utensils 30040 lbs of Lead - - - - - - - - 41603 Beaver traps (out of repair ) 40012009 shot guns out of ( repair ) 30006 lbs Blue cloth 1509004 15105 ,,5 1 lot of knives 2002 saddles 19001 cannister ,,501 old -500 10 lbs hot metal 500$49158

Auction Sales at auction for cash by F F Reddick 17 3/12 doz Butcher Knives 376478 5/12 knives 1129462 1/2 tobacco knives 25,,6272 scrapers 43 2/4,,8 1/29 Barlow knives 12 1/21277 pruning knives 3121715 pair scissors 253758 pairs binding 3427212 pairs binding 18 3/42254 Files 391569 lb 162 1/214625 1/2 lb vermilion 20011008 1/5 hand gun flints 756154 snuff boxes 251006 pewter basons 372251 large knife ,,7520 2 1/2 point blankets 32503 3 ,, ,, 22567520 damaged 137275018 lbs blue cloth 5090016 grey cloth160013 1/4 Blue stripe cotton 25331 1/426 lbs muslin 18 3/448727 red handkfs 256756 6/4 shawls 62 1/237516 handkfs 1930416 Blue India handkfs 25400 10 1/2 yrds cotton 38398$18824

Auction Sales Continued amount forward 18824 6 shawls 87 525 9 cotton flags 373375 madras handkfs 10508 3/4 calico handkfs 302628 gun locks 12510002 rifle guns 92518502 shot 65013004 yrds cloth 1255001 saddle 13.25 11.50 & 9.503425$ 280.74 for commr & c 14.03 repairs to guns locks and rifles 10.50 nett proceeds of auction sales 25621 private sale for cash 3004 pr shoes 753001 rifle 1500 a parcel of old plank 10.00320 yds of calico 2580.00$ 111— amount of first sales 491.58 second sales 256.21 1/2 third sales 111.00$ 858.79 1/2

Sales of Furs for of Fernan ConnollyConnolly and SmithSmith and JamesJames Fermont Jno Connolly Cash EphraimEphraim Town lbs feathers 503650 Mr D Freeman an 188 1/2 5089425 J.B. Bollan 27 1/4 501362 P.M. Dillan 100 lbs sugar 1250 P.M. Cottle 50 lbs feathers 502500 P.M. Cottle 1 lb 100 Tenny 20 lbs sugar 20400 to Clements 60 1/2 & 38 1/2 99 201980 Mr. Bean Raccoons 45.57336 Mr. Bean 500 M R 20.10000 Mr. Bean 7 lb. Beaver 300.21.00 Mr. Bean 8 deer 50400 Mr. Bean 4 doz rabbit skins 75300$907.97416 lbs deer skins 15 62 4023 Bear 260 46 0034 otter 2 6830 cats and wolves 134 3.753000 muskrat 375 001223 muskrat 73.381 robe 1.0063003

Account of sales of

Exhibit(No 3) Defs.

filed September 10th 1814 J.L. Parmer

Cash advanced of FernonFernon and ConnollyConnolly for account FernonFernon C and SmithSmith cash to HenryHenry Naddle Ba of wages 19614 cash to G. L. Bond 17525 1/2 cash to R. Hunter 902 1/2 cash paid Lucien to receipt 5133 whiskey 204 galls 20400 provider of bill 7800 & of 1200 of 356 To CharlesCharles Pick for 1 rifle & other charges 3250 Paid for flour 2000 pork at Rock Island 360089901

4331. 14

Cash Advanced of Fernair and Co

Exhibit(n:4) of Defts

filed September 10th 1817 J.G. Parmer S.C. N.C.

August 22 1817 Samuel B SmithSaml B Smith To FernonFernon and Connoly Dr. To 1816 amt of yr. note dated August 20 1816 with interest to this date 223 10/100226446 To cost of an1025 of 1100 & of 8170To of in3000$359390

S. B. Smiths private with FernonFernon and ConnollyConnolly

Exhibit (No.5) of Defts

filed September 10th 1817 J.C. Parmer Atty S.C.N.C.

Dr Samuel B SmithSaml B. Smith To Fernan Connorlly and SmithSmith 1816 Augt 20 To 3 yds thick a 55165 se 125 & 50175 162 1 pr Shoes150 cigars, socks and mitts3001 snuff box3123 1/2 yrds yellow flannel2182 porter1503/4 yrds swansdown thread 8 yrds yellow flannel 1 1/2 yrds yellow flannel 1 1/2 yrds shearling 3/4 yrds domestic 1 1/2 yrds red flannel 7 1/2 yrds domestic 6 yrds wide ribbon 1 9 6 yrds Calico 1 hat 1 1/2 shrouding 6 yrds calico cash 1 1/4 mint cloth1/2 domestic1 hat 185 muskrat skins so to Mr Whiteford value cash from Mr. Freeman 1 gun & some by you to that shoes 150 18.cash at postage debts 3 Balance amount to amount paid out of the company goods to Balance due

Samul B SmithB. Smith in

Exhibit (No. 6) of Defts

$ 123.72 filed September 10th 1814 J.C. Parner Atty S.C.N.G

John Connolly's use with Fernon Connolly & Smith Exhibit (No.7) of Deft

filed September 10th 1814 J.L. Parmer atty S.C.N.G

1816 Dr. John ConnollyJohn Connolly in with Fernon Connolly and SmithSmith Co. To 15 yrds 558.25 Sept By cash for 3 5.83Cash recovered of JosephJoseph Pepin 25.00 By cash paid sundries 11.76 at 1.65By Balance on this 109.073 knives 1.251 14.622 prs shoes 3.00 Tobacco 1.501 pr pantaloon 3.002 packs playing cards 2.00 cigars 4.50 sundries 3.50 cash 15.85 To sundries 18.31 To sundries 06.68 To cash from Indians 15.00 To cash from Mr Miara 2.50126.65126.65To the account balance $ 109.07126.65

Service of Goods returned per J. Connolly the Property of Fernon Connolly and SmithSmith

7 handkerchiefs 2 pieces Indian stripe 5 yrds cloth 151 yrds Calico 22 Blue muslin 4 3/4 stranding ( damaged )24 domestie 19 cotton shawls 4 4/12 madras and other 16 Blankets 6 yrds shawls 6 yrds Blue cloth 7 yrds damaged flannel 17 prs scissors thimbles (a small lot ) of flannel a few snuff boxes say 6 of paper Beads two pounds 6 pieces of bindings remnants of ribbons 2 gun locks 1 doz small knives 1 beaver trap 2 rat traps 6 Shot guns (Out of repair )1 rifle 5 saddles 800 flints 24 1/2 lbs damaged tobacco verdigris 5 lbs Powder 10 lbs

A List of Goods returned to Samuel B SmithSaml Samuel B SmithB. Smith and John Manson (Fernons agent) to St LouisSaint Louis from 2/3 of capital of Fernon Connolly and SmithSmith

71 1/2 Stranding 8 cloth 4 3/4 coarse cloth36 Inferior cloth (partially damaged)19 3/4 grey coating 16 3 pt blankets 32 damaged34 damaged 2 1/2 pts 16 perfect pts2 Cashmere 4 prs Shoes412 1/2 yrds ( Calico partially damaged 23 domestie 20 1/2 white muslin 2 1/2 Gingham87 Blue muslin 43 yrds India Siripe 1 yard Swansdown 51 madras handkrfs 20 small packet handkrfs14 CottonCotton flags38 handkrfs and shawls 13 large handkrfs and shawls50 Blue India handkerchiefs 10 1/2 lbs vermilion 4 doz knives 2 doz 1 7/12 scissors4 yrds narrow and wide Binding 5 Common snuff Boxesa lot of ribbons1 1/2 doz looking glasses72 doz large & 5 small filesa lot of thread & tobacco 81 ls (damaged) verdigris 1150 lbs of powder2 doz of gun screws12 ps narrow binding6 gun locks out of repair 4 snuff boxes 2 no7 common knives a lot of needles 8 hundred gun flints12 1/2 doz wooden handle knives 7 3/12 Bone handle knives22 tobacco knives 56 tin cups (partially damaged)3 large tin pairs3 small3 pewter basons12 lbs shot20 lbs lead Balls3 old augers 1 hand saw 5 scrapers 7 rat traps 6 hoes 2 old axes7 pieces pot metal40 lbs of leada parcel of old plank 2 broken beaver traps 5 shot guns (out of repair )3 rifles

A list of furs pelfry for by Samuel B SmithSaml B. Samuel B SmithSmith and Jno Manson Fernons agent for of FernonFernon C. and SmithSmith

215 3/4 lbs of feathers 5010787100 lbs of sugar 12 1/2125638 lbs of bees wax 207603 lbs raccoon skins 45 907 lbs of Beaver 3002100216 of deer skins 15324012 Bear 200240016 otters 20032006 cats and wolf skins 12 1/275500 muskrat 6250287 muskrat 6172248084

List of the goods returned & not bartered by Samul B SmithB. Smith & Jno Manson also the articles traded for by them Exhibt (No. 8) of Deft

filed September 10th 1814 J.C. Parmer atty S.C.N.C.
St LouisSt Louis 28th May 1817

It appearing to us the undersigned arbitrators appointed to settle in disputes existing between Fernan ConnollyConnolly and SmithSmith, that show in a deficit of One Thousand Seven hundred and seventy six dollars 32 cents, which appears to have arisen from the parts of the goods allotted in Fernan and SmithSmith , and as they have not exhibited to us any account whatever, of how this deficiency has occured we award that cash of those persons individually stand charged by the firm with the full and of the said deficiency, that is to say, Fernan shall be charged by the firm of Fernan ConnollyConnolly and SmithSmith with the full sum of eight hundred & eighty eight dollars 16 cts and SmithSmith be charged by the said firm with a like sum of eight hundred and eighty eight dollars 16 cents which several sums will produce the deficit not accounted for

Award of Arbitrators to whom was submitted the company transactions of Fernon Connolly and SmithSmith Exhibit No.10 of Defts

September 10th 1817 J.C. Parmer atty S.C.N.C
St LouisSt Louis May 28th 1817

It appearing to us the undersigned arbitration appointed to settle the dispute existing between Fernon Connolly & Smith that there is a deficit of One Thousand Seven Hundred and Seventy Six dollars 32 cts which appears to have arisen from the third part of the of in trade of said firm which had been allotted to the management of FernonFernon and SmithSmith on a of the goods for trading purposes and as they have on at exhibited to us any acct whatever of this deficiency has accured We award that each of those persons Individually stand charged by the firm with his individual half of said deficiency to say FernonFernon shall be charged and held indebted to the firm of Fernon Connolly and SmithSmith in in the just & full sum of Eight Hundred and eighty eight dollars 16 cts and be charged and held indebted to the said firm in a like sum of Eight hundred and Eighty eight dollars and 16 cts which several will produce the deficit not accounted for given under our hands an seals the day and date above written

EphraimEphraim Tower Being duly sworn on his oath saith that he was one of the aforesaid arbitrators between the aforesaid that prior to into or investigator of the to be subscribed to them by the said parties they were severally sworn well and truly to arbitrate and a true award to bring between the said parties that the same was done in the presence of the said parties - that they the said - arbitrary went into an examination of the matters aforesaid, received the proof of the said parties in the presence of the said parties , and that they unanimously agreed for and brought an award between the said parties , a by whereof is on the other side and futher saith not

Sworn to and subscribed this day of June 1817 between the hour of 9 oClock in the forenoon at twelve oClock at noon of the same day before at my office office J.C. Parmer

2.88 3/4

To wit St LouisSt Louis Augt 19th 1816 MissouriMissouri Territory

Be it remembered that on the nineteenth day of August one thousand eight hundred and sixteen JamesJames Ternon , John ConnollyJohn John ConnollyConnolly and SamuelSamuel SmithSmith have respec tively contributed in equal sums towards a voyage up the Mississippi RiverMississippi River for the purpose of trading for furs ; and it is expressly stipulated and agreed up-on by and between all the parties of these presents that at the expiration or termi-nation of the said expedition and after a sale of the proceeds of such trade, the nett proceeds , thereof as well as of the profits and all losses are to be fair by and equally divided between the afore said James FernonJames Fernon John ConnollyJohn Connolly and Samuel B SmithSaml B. Smith

Signed John ConnollyJohn John ConnollyConnolly Samuel B SmithSaml Samuel B SmithB. Samuel B SmithSmith Jas Fernon witness John HenryHenry Waddle

Agreement between James FernonJames Fernon, John ConnollyJohn Connolly and Samuel B SmithSamuel B Smith

Exhibit A

Invoice of goods purchased by FernonFernon Con- nolly and SmithSmith July and August 1806

26 ps Calico 3/1227300 26 ps Calico 26/12 dozen shawls $20. 0050008/12 dozen shawls 15. 0010.0016/12 dozen shawls 12.18007/12 dozen shawls 15.8756 3/12 dozen handkerchiefs 4.502812/27 6/12 dozen handkerchiefs 4.5033753 10/12 dozen handkerchiefs 2.409206 7/12 madras handkerchiefs and flags 8. 00526626 yrds flannel 65169046 yrds yellow flannel 287596 1/2 yrds Domestie 40286044 pr scissors 50220025 pr scissors 27/2 72 doz small 7557 yrds narrow ribbon 70350 7522510 yrds ribbon 4. 0046.002 yrds ribbon 2. 254.507 yrds ribbon 2. 5017507 butchers knives 3021011/12 doz pen knives 5. 00418 1/21 10/12 doz pen knives 3.506254 4/12 pruning knives 3. 0013.003 6/12 barlows 1 . 5052521 yrds Bearskin 2. 004300140 Tin cups 12/2175015 Tin cups Large 80120012 Tin cups Small a 50 cts $6.00 7 Buckets 125. $8.751475472 yrds swan down 1 - 255 21 yrd Cloth 2. 004300 250. $12. 5020 313 55 90 Domestie 40 20113 3/4 Domestie white 42654 prs scissors 150 $100051

Amount brought forward -100051 Hatchet 125 Tea Kettle 300 -4.251 lot of needles ,, ,, ,,2001 frying pan ,, ,, ,,1755 pr coarse pantaloons -15001 bed and 2 bolsters 4007 knives 4 forks and 4 plates "3753 quires thread ,,160 Remnants 83 150 cotton balls 66 sugar bowl and cannister -1004 Trunk Locks 1003 paper 755 yrd Linen 502503 yrd Linen coarse -1003 Brass Locks -2252 RoseRose Blankets - 3. 006001 RoseRose Blanket -2507 3 - 3. 00 -21001 -1253 trunks -2.00 0010 percent additional on the above amount $1084 - 10 - 41 80 25.00 -40000 - 4. 37 2625021 yrds Blue cloth ,, - 3. 0063009 Blue muslin ,, -45508 1/2 binding ,, - 1. 2510 29 - 2. 005002 doz Bread Knives - ,, - 1. 65330 - ,, -8034/12 WhiteWhite - ,, - 1. 50 -5020 doz GreenGreen Lion skins ,, - 1. 66 -3333Carriage from Philadephia 735 11 -8085Forward210514 1/2

Amount forward210514 1/216 pr Red Galloon 8012802 pr Red Galloon 1252504 pr Red Galloon 1/2550172 Thousand Gun flints 5007506 doz finger rings 754501 1/2 thimbles 75600carriage on the above30830 yrds Coating43004 doz gun screws 7545010 Bunches garnets 303001 cloth looking glasses3501 doz looking glasses2501/2 7514 Rat traps140027 carriage on the above29711 shaws 62 1/2687 1/210 pr indian siripe 175175010 pewter basins 40400and ten percent on Phila prices $1049 11105004 2672 yrds blue Cloth 2255962 1/227 do do 212 1/25737 1/227 do do 200540016 1/2 do do 1752887 1/23 gun locks 2256755 gun locks 20010001 1/2 Butcher knives 20030017 butcher knives large 312 1/260017/12 white bone knives 3004753 doz looking glasses 531 1/41/2 doz looking glasses 87 1/21 doz snuff boxes 137 1/246 yrds coarse cloth 112 1/274256 1/3 doz blue 4002533GreenGreen shawl 5001500forward$269913

Amount forward269913100 flints 100020 packs playing cards6666 ps Binding2006 Buck handle knives30065 yrds domestie 402620153 tobacco 304590128 tobacco 1924323 boxes sugar 40012001 file50Add 15 percent on PhiladelphiaPhiladelphia $483.097245 56 1/4 Callico 28157557 Callico 25142556 Callico 35196056 Callico 30168028 1/2 Callico 3085528 Callico 3598069 callico 37 1/22587 1/2480 flints 14801/2 snuff boxes66 1/24 1506002 doz Butcher knives 2004201/2 doz Butcher knives 12006201 1/2 Brass harps67 1/210 from do25pencils 25th 2550papper 43 3/4 87 1/31 doz nutmeg 100 7117015 percent on PhiladelphiaPhiladelphia prices $ 136-54 1/22047 1/226 Vermilion 2258612 1/2524 Tobacco 22115283 China Vermilion 50015101810 verdigris 20036002 1/2 (tobacco binding) 20952493/4 thimbles140Forward331798 1/2

Amount brot forward381798 1/22 1/2 doz knives 300750Advance and carriage on knives2031/231 knives 37 1/21162 1/225 powder 40150036 1/2 Gallon Gin 1254562 1/267 1/2 Whisky6750 lot of JacksonJackson1125Flour 3900Amt of for knives5908Boat 170003 Beaver traps 1950Repairing sum2751 doz scrapers600Bacon & Corn P Palmer1735Powder 24502 guns from Vincent Bouis200012 guns 9501140019 lbs tobacco 30570128 lbs Coffee 8064005 saddles and 104002 rifles330013 1/2 of Cordage 251751 handsaw 4.50 1 square 755251 file 37 1/2 1 pr compasses 3772752pr 50 & 37728731 stock lock100Cash advanced ()Interpreter2000Cash advanced for sundry order200Bennington 1 pr horses 400B O.Fallon for 872 530Blocks 62550 powder p bill2500Gun from 500Blacksmith bill11 11 11 21/23 barrels pork7500dried beef Pd. Bennett650Forward$433114 1/2

Amt brought forward433114 1/2 Cash to JosephJoseph Peppin 2500Looking Glasses 375Manson for Blook and 100020th 25500Cash pd Michl Fink 10.00Sugar pd 5850 pd the baker12.00BradyBrady and McKnightMcKnight for salt 16.00 Pd Somers for Caulking15.75 1 Barrel Salt 8.00 Pd John Airly for rigging 500 Cash pd sundry charges 17.37Blacksmiths bill 1200JamesJames Leary pd 5.00 pd castings46.46 pd for 41.40 Amt of shroudings pd 418.05 pd trunk 6.00 and with 2.8/3 Pd board for 5.75 Wages to 29.00 4.3/3 pd Leary1.00 pd John Airey1.75Balance of Beef .6 5091.80 Deduct Error2.255089.55

Goods pd J. B SmithB. B SmithSmith Amt forward

Amt brot forward 508955 4476 yrds shrouds 2259956 Beads 300 Butcher knives and snuff boxes 600pd for 1100 Hats 7200 Candle wick and fishing hooks 200 14 Gallons Whisky 1410033 pr socks and mittens 10 2 blank books 1504 bed cords 250 Whiskey to Hanly 751 1/2 doz 3 square files3001 doz flat square files 600 Postage at St LouisSt. Louis 350 8 nails 1.00$5336=47

Invoice of merchandise purchased by Fernon Connolly and SmithSmith July and August 1816

Exhibit C

Invoice of Goods returned by J Connolly the Pro-perty of Fernon Connolly and SmithSmith

7 Handkerchiefs 2 prs Indian stripe 5 cloth 151 Calico 22 Blue muslin 4 3/4 shrouding / damaged/24 domestie 19 cotton shawls 4 4/12 madras of other shawls 16 blankets 6 shawls 6 blue cloth 7 yrds damaged flannel 17 pr thimbles (/ reminant of flannel A few snuff boxes , of paper two pounds of beads 6 bindings in remnants remnants of ribbon 2 Gun Locks 1 doz knives 1 Beaver and rat trap,6 Short guns 1 out of repair /1 rifle 5 saddle 800 flints 2472th Damaged tobacco verdigris Powder A few cooking utensils 3 pewter bowls 1 pr 5 8/12 Butcher knives 2 scrapers 1 brass and 1 his 1 4 pr pot metal1 Leather lodge

A list of furs and peltries purchased by John ConnollyJohn John ConnollyConnolly for all of Fernon J Connolly and SmithSmith

123 lbs Feathers 50615020 lbs sugar 204.0060 lbs bees wax 2012.10912 Raccoon skins 45410.402685 Muskrat 12/2333. 500 Muskrat 20100.00936 Muskrat 656.1611 Bear skins 200220018 Otter skins 3.0024 Cat and Wolf skins 3.00200 to 1530.001 Robe of Wolfs 30.30&1068 =78 1/2

Invoice of Goods returned by John ConnollyJohn John ConnollyConnolly and amount of furs traded for by him Exhibit D

A list of Goods returned by Samuel B SmithSaml B. Smith and John Manson (Fernons agent) to St LouisSt Louis from 2/3 of capital of Fernon , Connolly and SmithSmith

71 1/2 yrd shrouding 8 mixed cloth 4 3/4 course cloth 36 inferior cloth (partially damaged) 19 3/4 grey coating 16 3 blankets 32 damaged34 damaged 16 perfect 2 scarlet 4 pr shoes 412 1/2 yrds Calico partially damaged 23 domestie 20 yrds white muslin 2 1/2 Gingham 87 Blue muslin 43 yrds India stripe 170 Swans down51 madra 20 small pocket 14 cotton flags 58 handkerchiefs and shawls 13 large handkerchiefs and shawls 50 Blue India 20 1/2 lb vermilion 4 doz knives 2 doz Barlow 1 7/12 cigars 4 and 2 wide 5 common snuff boxes A lot of ribbons 1 1/12 doz looking glasses 1/2 doz large and 5 small files filesA lot of thread and Tobacco damaged11 lbs verdigris 50 lbs powder2 doz gun screws 12 narrow binding 6 gun locks out of repair 4 snuff boxes 2 tin snuff boxes

Account Continued 7 Common knives A Lot of needles 800 Gun flints 12 1/2 dozen Wood handled knives 7 3/12 Bone handled knives 22 Tobacco knives 56 Tin cups (partially damaged) ,3 Large tin pans his 3 Small tin pans 3 pewter basins 12 shot20 lead balls 3 old augers 1 handsaw 5 scrapers 7 Rat traps 6 Hoes 2 old axes 7 pot metal 40 lead A parcel of old planks 2 broken beaver traps 5 shot guns out of repair 3 rifles

A List of furs and peltry and traded for by Samuel B SmithSaml Samuel B SmithB. Samuel B SmithSmith and John Manson Fernons agent for a/c of FernonFernon C. and SmithSmith

215 3/4 to feathers ,, ,, 50 107.874100 sugar ,, ,, 1242.12.5038 Bees wax ,, ,, 20 -7.6036 1/2 Raccoon skins ,, ,, 45162 - 7 Beaver ,, ,, 3,00.21.00216 Deer skins ,, ,, 15.32.4012 Bear skins ,, ,, 2,00 -24.0016 Other skins ,, ,, 2,0022.006 Cat and Wolf skins ,, ,, 1242,,75500 Muskrat ,, ,, ,, 662.50287 Muskrat ,, ,, ,, ,, -17.22 480 -84

copy of award

Exhibit F

Cash advanced for J Fernon and ConnollyConnolly for a/c Fernon, Connolly and SmithSmith

Cash to HenryHenry -196.14 Cash to G. J. Wood -175.257 Cash to R Hunter -90.524 Cash pd Lucien preceipt -51.33 Whiskey 204 Gallons - 100 -204.00 powder pr bill -78.00 Hauling and storage of merchandise 12.00 costs of suit against PapinPapin -3.56 for 1 rifel and other charges -32.50 pd for flour -20.00 pork at Rock Island -36.00$ 899.077 1/2

Cash advanced by FernonFernon and ConnollyConnolly

Exhibit H
August 22nd 1817 Samuel B SmithSaml B. Samuel B SmithSmith

To FernonFernon and ConnollyConnolly

To amount of your note dated August twenieth 1816 with interest to the date $223=10226=44 Paid you P Freeman -10.25 Pd you P Fernon -11.00 To cash and merchandise from T. Hanley 81.70 To cash from Garnier -30.00$ 359.39

J. B. Smith's private a/c with FernonFernon and ConnollyConnolly

Exhibit II

List of the Goods returned and not bartered by Samuel B SmithSaml Samuel B SmithB. Samuel B SmithSmith and John Manson also the ar- ticles traded for by then Exhibit (E)

Samuel B SmithSaml B. Smith To Fernon Connolly and SmithSmith 1816 Augt 20th to check 55165Cigars and 125 50175Cigars and cash 125162 1/2 Octr 1 1 pr shoes 125150Cigars300 socks and mitts312 1 Snuff Box,,803 1/2 yrds Yellow Flannel 2182 Gallons porter 1503/4 yrds Swans down 125,,93 3/4 thread 125258 yds( Yellow flannel ) 655201 1/2 Yellow flannel 62,,931 1/2 shrouding 2253 3/4 Domestie 40305 1/2 Domestie 402201 1/2 Red flannel 6597 1 1/2 Domestie 40606 yrd Wide ribbon 261569 yrd Narrow ribbon 5456 yrd Calico 37 1/2 2251 Hat4001 1/2 shrouding 22533 1 37 1/26 yds Calico 50300Cash12 1/21 1/4 cloth 2501/2 domestie 201 hat pr E. Town 1000185 muskrat sold by you to Whiteford 3700Cash from Freeman 10001 saw and some sold byyou to Hanley 8.00114 72 1/2By 12pr shoes at 1/50 $18.00 cash at postage -21.00 93.72 1/2To amt pd out of company goods to H. Waddle 30.00 Balance due$123.72

Samuel B SmithSaml. Samuel B SmithB Smith in a/c with Fernon Connolly and SmithSmith Exhibit R

$123.72P
Between J B SmithB Smith plaintiff James FernonJames Fernon and John Connelly Defendants

In the Superior CourtSuperior Court In Chancery The replication of S B SmithB Smith complainants to the answer of James FernonJames James FernonFernon & John Connelly Defendants This saving & reserving to himself all and all manner of of exception to the manifold of misefficienciesof the said answer for replication thereunto saith that he will and prove his said bill to be true certain and sufficient in the law to be answered unto and that the said answer of the defendants is uncertain untrue and insufficient to be replied unto by this without that, that any other matter or thing whatsoever in the said answer contained material or effectual in the law to be replied unto confessed and avoided traversed or denied is true all which matters and things this is and will be ready to and prove as this honorable Court shall direct and humbly prays as in and by his said bill he has already prayed

M McGirkM M McGirkMcGirk solicitor for complaint

Received a copy January 19th 1818-

Nell. C. CarrCarr Solicitor for Defs
J. B SmithB. Smith vs Connerly & FernonFernon

Replication to answer in chancery

filed January 19th 1818 J.C. Palmer cls
Territory Of MissouriMissouri, Northern Circuit. ss. The United StatesUnited States of AmericaAmerica to John JJohn John JJ HenryHenry Waddle - Greeting.

You are summoned that all excuses and delays being set aside you of - personally be and appear before the judes of the superior court of our terri-tory aforesaid at our said superior court setting as a court of chancery - to be held in and for the northern circuit at the town of St LouisSt. Louis, on the twenty nineth day of March next being the sixth day of the March term of our said court, to testify and the truth to tell in a certain case then and there to be tried, and wherein Samuel B SmithSamuel Samuel B SmithB Samuel B SmithSmith - and FernonFernon Connelly are - defendants on the part of the said complainant and from day to day until duly discharged by the court, and not depart the said court without the leave therof-and of this fail not at your peril, and our sheriff of our county of St LouisSt Louis - is hereby commanded then and there to make return of this our writ and certify to our said court how he executes the same.

Witness the Honorable A Stuart - Esquire presiding judge of our said court this twenty seventh day of February - in the year of our Lord one thousand eight hundred and eighteen and of our independence the forty second J.C Parmer Atty

Executed

ThompsonThompson Service 66
Samul B SmithB. Smith vs Fernon J Connelly In Chancery March Term 1818

28th March John Manson HenryHenry Waddle
Territory Of MissouriMissouri, Northern Circuit, ss. The United StatesUnited States of AmericaAmerica to John Manson and HenryHenry Waddle Greeting

You are summoned that all excuses and delays being set aside you and each of you personally be and appear before the judges of the superior court of our territory aforesaid at our said superior court sitting as a court of Chancery to be held in and for the northern circuit at the town of St LouisSt. Louis on the twenty ninth day of August next being the sixth day of the term of our said court, to testify and the truth to tell in a certain case then and there to be tried, and wherein Samuel B SmithSamuel B Smith is complainant and FernonFernon and Connelly are defendants on the part of the said Complainant and from day to day until duly discharged by the court, and not depart the said court without the leave thereof-and of this fail not at your peril and our sheriff of our coun-ty of St. louis is hereby commanded, then and there to make return of this our writ and certify to our said court how he executes the same.

Witness the Honorable John BJohn B C LucasLucas Esquire presiding judge of our said court this thirty first day of July in the year of our Lord one thousand eight hundred and eighteen and of our independence the forty third J.C. Parmer atty

Executed

ThompsonThompson Shrff Service 66 cts
In Chancery Northern Circuit August Term 1818 Samuel B SmithSamuel Samuel B SmithB Smith vs Fernon J Connelly

29th August John Manson HenryHenry Waddle

Know all men by these presents that the John Connelly as and ThomasThomas Hanley and Baronet Varques or all of the Town of St LouisSt. Louis in the Territory of MissouriMissouri , are held and firmly bound unto Samuel B SmithSaml B Samuel B SmithSmith in the sum of five thousand dollars lawful money of the United StatesUnited States to be paid to the said Samuel B SmithSamuel B Smith his heirs - to which payment well and truly to be made we bind ourselves our heirs executors and administrators by these presents - sealed with our seals and dated this twenty fourth day of September 1818. Where as a true Bounder John Connelly has obtained from the Honorable Alexander StuartAlexander Alexander StuartStuart one of the judges of the superior court of the Territory of MissouriMissouri sitting as a court of chancery , in and for the northern circuit , an over for an injunction to stay proceedings where a certain rendered in the circuit court of the county of St LouisSt Louis against him the said John ConnollyJohn John ConnollyConnolly and a certain James FernonJames Fernon in favor of the above named Samuel B SmithSamuel B Smith , now the condition of the above obligations such that if the above bounder John ConnollyJohn John ConnollyConnolly and James FernonJames James FernonFernon shall pay all money and costs due or to be due to the said Samuel B SmithSamuel Samuel B SmithB Smith and also, such costs and damages as shall be awarded against them where the injunction aforsaid shall be disputed Then this obligation to be to be and remain in full force and virtue .

John ConnollyJohn Connolly
J.C. Parmer
Fernon F Connelly vs Samuel B SmithSamuel B Smith

injunction

Bill for an injunction

FernonFernon and ConnollyConnolly v SmithSmith

Thereby accept no other on behalf of def of for information

M McGirkM McGirk atty
(1)To the Honourable Superior CourtSuperior Superior CourtCourt of the Territory of MissouriMissouri Sittingas a court of Equity for the northern circuit at St LouisSt Louis

HumblyHumbly complaining unto your Honors shew your orators John Connelly and James FernonJames Fernon of the Town of St LouisSt. Louis in the Territory of MissouriMissouri - that on or about the nineteenth day of August one thousand eight hundred & sixteen, a certain discourse was had and moved by and between your said orators and certain Samuel B SmithSamuel Samuel B SmithB Samuel B SmithSmith of the said Town of St LouisSt. Louis of and concerning an expedition up the river Miss-issippi and its tribuitary waters to be by your said orators the said Samuel B SmithSamuel B. Smith thereafter made in partnership for the purpose of trading with the Indians in bartering goods wares and merchandise for the furs, peltries and other produce of their country, and that it was finally agreed at or about the date aforesaid by and between your orators and said Samuel B SmithSamuel B. Smith , that each of the said partners should contribute respectively their equal proportions towards the outfit and purchases necessary for the said expedition an equal share in the expenses and losses necesary and incident thereto and to divide equally amongst them the said partners, whatever profits should accrue to the said partnership or be made by said trading voyage ; and your orators further state that on said nineteenth day of August in the year aforesaid, your orator in the said Town of St LouisSt Louis together with the said Samuel B SmithSamuel B. Smith did sign and execute an article of agreement, reciting that the said several partners had contributed in equal sums towards the said voyage up the MississippiMississippi for the purpose of trading for furs and in which said agreement it is stipulated that at the termination of said expediton and after the sale of the proceeds of such trade, the nett proceeds thereof as well of the profits as of all were to be fairly and equally divided between the said partners, a copy of which article of agreement is herewith filed marked Exhibit No 1 and which your orators pray may be taken as part of this their bill of complaint- your orators further state that the sum of two hundred and twenty three dollars and cents , the said Samuel B SmithSamuel B. Smith executed his promissory note for to your orators payable

it being executed for so much as said SmithSmith had failed to contribute of his equal proportion of the outfit as by the agreement he was to do, a copy of which said note is herewith filed marked Exhibit No 2 leaving date twentieth August in year aforesaid, and which your orators pray may be taken as a part of this their bill of complaint Your orators further state that the amount of the equipment and goods actually furnished by all the partners of said company a boat and provisions inclusive amounted to the sum of five thousand three hundred and thirty six dollars and forty seven cents, exclusive of said sum of two hundred & twenty three dollars and ten cents for which the said Samuel B SmithSamuel B. Smith had executed his promissory note aforesaid to indemnify your orators for the amount they had furnished over and above their relative proportion a copy of the invoice of which goods is herewith filed, marked Exhibit C which your Orators pray may be taken as a part of this their bill of complaint; Your orators state that a license was obtained from the proper authorities by said company permitting them to trade on the MississippiMississippi and its tributary waters -and that James FernonJames Fernon one of your orators , having with the permission of your orator John Connelly and said SmithSmith declined accompanying said expedition in person did with the consent of said SmithSmith and your orator Connelly, hire a certain John Manson to accompany the expedition in the place of your orator FernonFernon and as his agent to in transacting the business of said company. the terms of which hiring were well known to said SmithSmith and were that the said Manson was to have one half of the profits accruing to said FernonFernon as a partner from said expedition. Your Orators state that having embarked on said expedition, your orator Connelly and the said SmithSmith and Manson together with the necessary interpreters. Clerks and hands arrived and were at the mouth Rock river near which with the consent and by agreement with said SmithSmith and Manson there then made and had, your orator Connelly disembar-ked with one of the interpreters and the one third part of the companies goods as aforesaid purchased, and commenced trading with the Indians, and that the said SmithSmith and Manson with the rest of the hands and equipment were to ascend the MississippiMississippi to the River St Pierre and establish themselves there for the purpose of trading - your orators state that your Orator Connelly in the course of the trading season bartered of his one third part of the goods for furs peltries and other articles of trade, to the value of one thousand and sixty eight dollars and seventy eight cents, an invoice of which together with an invoice of the goods unsold by the said Connelly and returned into the common stock of said company -is here with filed marked ( Exhibit -D) which your orators pray may be taken as a part of this their Bill and that during the said season, the said SmithSmith and Manson bartered for furs, peltries -only to the amount of four hundred and eighty dollars & eighty four cents, an account of which together with an invoice ofthe goods unsold and returned into the stock of the company by said SmithSmith and Manson is herewith filed marked ( Exhibit E) and which your orators pray may be taken as a part of this their Bill, - your orators state that your orator John Connelly understanding that said SmithSmith and Manson had ascended the river only as high as the PrairiePrairie du ChienChien, and that they were doing very little business wrote to said SmithSmith to bring his goods yet unsold which the said SmithSmith and Manson had taken with them to where your orator Connelly was informing him that if he would do so, they probably would be able to barter them all off but, that the said SmithSmith far from availing himself of the information thus given for the benefit of the company came to where your orator Connelly was trading with only two keggs of gun powder infor- ming your Orator Connelly, that he had brought about one half of the goods which he and Manson had as far as Rock Island, and had left them there- your Orators state that the said SmithSmith then expressed a wish to come down to St LouisSt Louis for more gun powder and notwithstanding many objections urged by your orator Connelly, to his doing so - the said SmithSmith persisted in his intention, that your orator Connelly finding it in vain to oppose his inclination gave him an order on Thomas HanlyThomas Thomas HanlyHanly of St LouisSt Louis for a quantity of powder that said SmithSmith then left your orator Connelly for St LouisSt Louis and on his return from St LouisSt Louis delivered two kegs of powder to your orator Connelly and informed him that he had left two other kegs of gun powder which he consigned to the care of a French trader and then set out for Rock Island for the goods he had left there and returned to Rock river with them and commenced bartering with the Indians. Your Orators state that shortly thereafter, the trading season being over and the said Manson having returned to the mouth of the river with the boat the whole partnerships concern embarked in her with the furs Peltries and articles traded for together with the goods of the company yet

yet remaining unsold and descended to St LouisSt. Louis and stored the same in the cellar of Ralph Davis in the town of St LouisSt. Louis- Your Orators charge that a considerable quantity of the goods that were in the possession of said Manson & SmithSmith as aforesaid, amounting to the value of the thousand seven hundred and seventy six dollars and thirty two cents were never returned into the common stock of said company and have not been accounted for to the said firm by said SmithSmith and Manson and were and have been a loss to the said company of so much your Orators further charge that in consequence of the bad management of said SmithSmith and Manson the latter of whom they are informed was controlled by said SmithSmith and their inatten- tion to the partnership concerns and the interest of the company. the company have sustained a loss of upwards of three thousand dollars-your Orators further state that the said SmithSmith after the said peltries, furs, goods and other articles had been stored as aforesaid and altho your Orators were then in the town of St LouisSt. Louis contrived secretly and without the consent or knowledge of your orators to cause the said peltries and furs sold the same to one EphraimEphraim Towns, with the intention & purpose as your orators had good reason to believe and still do believe of receiving the proceeds of the sales of the same and then leaving the territory without in anywise accounting for the same to your Orators that means of defrauding your Orators thereof and your Orators state that the said SmithSmith was actually counting the said furs & peltries for the said Towns before your Orators had detected the said fraudulent doings purposes and intentions of the said SmithSmith. Your Orator states that they thereupon brought their action of Replevin for said furs & peltries while they were yet in his possession as the only efficient means of defeating the fraudulent intentions & purposes of said SmithSmith and were thereby restored to the possession of them.- your Orators state that after bringing said action frequent proportions were made by your orators to said SmithSmith to settle the partnership accounts, that the said SmithSmith after many offers and ventures made to him by your Orators and agreed with them that he would make a settlement of the whole partnership concerns- that your orators upon the faith of that agreement dismissed their said action of Replevin and your Orators further state that in pursuance of an agreement by and between your Orators and said SmithSmith the matters in controversy between said SmithSmith and your Orators were referred to Thomas HanlyThomas Hanly, EphraimEphraim Towns and Moses ScottMoses Scott after each one of said parties having chosen one of said arbitrators and thereupon a bond was executed by your orators and said SmithSmith by each to the other in the penal sum of one Thousand dollars to be void as to each of said parties as they should abide by and perform the arbitrament and award of the said expenses- your Orators state that in pursuance of said agreement and by the submission and with the consent of the parties thereto, the said Orators on the twenty eighth day of May in the year of our lord One Thousand Eight Hundred and Seventeen, in the town of St LouisSt. Louis after being duly sworn a true and just award to make, did enter into examination of the accounts and matters in difference between the said parties and the evidence and and witnesses then& there produced before them by said parties, who were then & there present & contesting their rights and did then and there after a full examination & consideration of all and singular the said matters award that your Orator Fernon and the said SmithSmith should stand charged by the said company in the sum of One Thousand Seven Hundred & Seventy Six dollars & Thirty two cents for and on account of a deficit of goods to that amount, which they SmithSmith and FernonFernon had not accounted for and that each of them SmithSmith and your Orator Fernon should stand charged in equal shares for that sum, a copy of which said award is herewith filed marked Exhibit F which is prayed to be taken as a part of this Bill your orators state that the said award was then and there presented to the said SmithSmith, with a request that he would abide by and perform the same, which your Orators were willing on their parts and then & there offered to do, But your Orators state that the said smith, the said award and the offers & request of your orators not regarding, did wholly refuse to perform & comply with the same and on the third day thereafter filed his bill of complaint against your Orators in the honorable the superior court for the Territory of MissouriMissouri as a court of Equity at St LouisSt. Louis, falsely pretending and setting forth that your orators were about to defraud him of his part or share in the stock of said agreement that he had been an active partner, in transacting the business of said company, and praying that your orators might be compelled, to render an account and pay to said SmithSmith his share so pre-tended to be due and coming to him from said company- and that a writ of ne exeat might issue against your orators, pretending that your Orators were about to leave the territory and for the purpose of harassing and vexing your Orators, Altho as your Orators expressly state nothing in equity and good conscience was due and owing to said SmithSmith from said company For your Orators state that the whole amount of peltries and other articles traded for by said company on said Expedition amounted but to One Thousand five hundred and forty nine dollars & sixty two cents according to exihibits before made and mentioned 1549.52 and that the nett proceeds of the goods returned into the common stock of said company and sold for the benefit of the concern amounted to but the sum of Eight hundred and fifty eight dollars cents and a half will appear by an Inventory of the sales thereof herewith filed and marked ( Exhibit G and prayed to be taken as part of this bill, which together produce the sum of Two Thousand four hundred & eight dollars, forty one cents and a half. And that the said sum of one Thousand seven hundred & seventy six dollars and thirty two cents which the said SmithSmith and your Orator 2408.41 1/2 1775.32 FernonFernon as your Orators believe stand justly charged with by the said firm in equal proportions for the goods as aforesaid unaccounted for by them & which was awarded against them as aforesaid in favor of the company which added to the last result makes the sum of four thousand one hundred & Eighty four dollars seventy three and a half cents which being divided 4184.73 1/2 1394.91 into three equal shared gives to each of the partners the sum of One Thousand three hundred and ninety four dollars and ninety one cents against which your Orators state that the said SmithSmith is justly chargeable with his equal part of the said sum of one Thousand seven hundred and seventy six dollars thirty two cents as awarded by the arbitrators as aforesaid for the deficit of goods as aforesaid amounting to the sum of Eight hundred & eighty eight dollars sixteen cents and that your orators have paid off the debts of the company 888.16 to the amount of Eight hundred & ninety nine dollars one and an half cents as per an account herewith filed appears marked Exhibit H ) which is prayed to be taken as part of this Bill , - with one third part of which said SmithSmith is

justly charged by your Orators and for which he ought to account with them amounting to the sum of two hundred and ninety nine dollars & sixty seven cents and that the 299. 67. said SmithSmith is also indebted to your orator in the further sum of three hundred and 359. 39. fifty nine dollars and thirty nine cents arising out of the company concerns including the promissory note executed by said SmithSmith as before mentioned as per account herewith filed appears marked ( Exhibit II) and prayed to be taken as part of this Bill. And also that said SmithSmith is indebted to the said company in other the sum of one hundred & twenty three dollars, and seventy two cents as per account herewith filed marked (Exhibit K ) and prayed to be taken as part of this Bill. The two thirds whereof the said SmithSmith is charge-able with by your orators amounting to the sum of Eighty two dollars and 82. 48 forty eight cents - which make an aggregate amount of sixteen hundred and twenty nine dollars and ninety cents, with which the said SmithSmith 1629. 90 is justly chargeable by your Orators in a settlement of the partnership concerns, as your Orators believe leaving a balance in favor of your Orators of two hundred and thirty four dollars and ninety cents as due from said SmithSmith 234. 90. on a fair settlement of the affairs of said company; That not withstanding that the accounts stand as your orators have herein set forth and that the said action of Replevin was dismissed on the faith of the agreement of the said SmithSmith to and with your orators as before stated, and that the said had filed his bill against your orators as herein before stated; the said SmithSmith after the dismission of said action as aforesaid by his attorney came and moved the court, for a writ de retorno haliendo and also for a writ of inquiry of damages for the detention of the said peltries, furs against your orators and had the same awarded to him in the said action; And your Orators state that at the June term last of the circuit court for the county of St LouisSt St LouisLouis a jury came on the said writ of Enquiry and returned a verdict against your Orators for the sum of Twenty four hundred and fifty dollars. The said court then and there on the trial of the said writ not permitting any of the equitable matters of defence to said writ as herein before stated, to be heard by the jury but rejected the same when they were then offered in evidence by your Orators and that Judgment was there upon rendered against your Orators for the said sum besides costs and that your Orator's persons and property are now threatened to be taken in execution, in satis-faction of said Judgement so iniquitously obtained and that too for one third & upwards more than the value of all the peltries furs and other articles traded for by said company on said expedition and does not release said Judgment as in justice he ought to do. But now so it is may it please your honors, that the said Samuel B SmithSamuel Samuel B SmithB. Samuel B SmithSmith combining and confederating with divers persons at present unknown to your Orators (But whose names when discovered they pray may be herein inserted and they made parties hereto with to charge them and every of them to defraud and oppress your orators in the he the said SmithSmith refusing to comply with his promises and agreeements to settle and account with your orators , and refusing to perform the said award at your orators request But in violation and breach of the same prosecutes his said suit in equity against your Orators and his said writ of Enquiry to judgement and execution sometimes pretending that he never made anyagreement to compromise the concerns of said partnership nor ever submitted the same to arbitration, whereas your orators charge the contrary and which again the said SmithSmith will sometimes admit and then pretend that your Orators would not settle and account with him and would not submit The same to arbitration, and were unwilling to perform the said award, whereas your orators charge the contrary and that they were willing and offered to perform that award, which the said SmithSmith ought to have done but which he refused to do and filed his bill as aforesaid, pretending that he had been an active partner in the service of the company, that he had so acted as most is promote its interest as far as in his power that he had sold the said furs to said town, with a view to the interest of said company and intended to account therefor to the said company and that he had received nothing from the said company, and that your orators were combining and confederating to defraud him of his part of the proceeds of said partnership. Whereas your orators charge the contrary and that the company sustained great loss from the negligence and bad conduct of said SmithSmith in the affairs of said company that he unnecessarily wasted his time & travelling at the companys expense neglecting the company's business and permitting great waste of the company's prop-erty contrary to the advice and wish of your Orator Connelly and needlessly employing persons in the service of the company and allowing to them extravagant wages which your Orators have had to pay - Again SmithSmith pretends that he and Manson accounted to the company for all the goods which they had taken to trade upon as aforesaid whereas your orators charge the contrary, and again at other times SmithSmith admits that there is a considerable amount with which he ought to stand charged by the company but pretends-that he ought not to be changed with many of the items herein before stated as chargeable by said company against him whereas your orators charge the contrary and insist that all the several accounts by them stated are justly chargeable against said SmithSmith and again sometimes the said SmithSmith admits that he had no just claim to any thing in the said peltries & c except his one third part of the nett proceeds of the sales of the same. But now he insists that he is entitled to the whole damages aforesaid given for the detention of the whole of said peltries whereas your orators charge that he is not entitled to one cent thereof All which acts and doings of said SmithSmith are contrary to equity & good conscience and tend to the manifest wrong and ingury of your orators - In tender consideration whereof

and for as much as your orators are utterly by the strict rules of the common law, and cannot have a discovery of the truth of the several matters aforesaid but by the Corporal oath of the said Samuel B SmithSamuel B. Smith nor can your orators be let into the said several Equitable matters herein before stated, nor have an account of the said partnership concerns without the aid and assistance of a court of Equity, before the honourable the superior court of the Territory of MissouriMissouri sitting as such, where matters of this nature are properly and relievable- To the end therefore that the said Samuel B SmithSamuel B. Smith may upon his corporal oath , full , true, distinct and perfect answer make to all and singular the matters and things herein before set forth as fully and particularly as if the same were here again repeated and he thereunto particularly interrogated, and more especially that he may setforth and discover

1st Whether the terms of said partnership are not as herein before stated, and if not then what were they-?

2nd Whether the whole capital stock of said company and equipments were not of the amount herein stated and the purchases of peltries by the company as herein also stated ?

3rd Whether the said SmithSmith & Manson did not take two thirds of the goods to trade upon as herein stated and your orator Connelly the remaining third, and also whether the invoice of the goods that were not sold, and returned into the common stock are correctly set forth and if not

4th Whether the amount of said goods alotted to SmithSmith and Manson and = for to the said company are correctly stated and if not what was the amount unaccounted for?

5th Whether the said several charges and accounts herein stated against the said SmithSmith are not correct, and if not what should they be and what Items ought and what ought not be charged thereof against said SmithSmith?

6th Whether there was not an agreement to settle the said matters as herein stated and said suit dismissed upon the faith of that agreement?

7th Whether there was not a submission & award as herein stated and a refusal upon the part of said SmithSmith to comply with the award upon the request of your orators ?

8th Whether the said SmithSmith did not file his bill in Equity which is now pending against your orators as herein stated and did not he proceed pending the same against your orators with his writs de retorno habendo and enquiry as herein before stated, and were not damages and judgment given as stated ?

9th Whether the said SmithSmith & Manson did go to the River St. Pierre with their goods when their agreement with your orator Connelly was to go- and what was the reason thereof?

10th Whether your Orator Connelly did not write to said SmithSmith to bring the goods back to where he was, informing him that most probably he could dispose of them there , and what was the reason that he did not bring them?

11th What was the reason that said SmithSmith did spend so much of his time in to the advice of your Orator Connelly - and whether he did not incur debts against the company unnecessarily and to a large amount to paying extravagent hire all which your orators have since had to pay?

12th whether all the exhibits of accounts and invoices are just and correct and if not how are they not so?

And may it please your honors to grant into your Orators your writ of Injunction directed to the said Samuel B SmithSamuel B. Smith his attorney's counsellors agents and all concerned, and to the sheriff of the county of St LouisSt. St LouisLouis enjoining them to desist from farther proceedings in the premises until the matter shall be heard in you honourable court, and also your honor's gracious writ of subpoena directed to the said Samuel B SmithSamuel B. Smith to be and appear on a certain day to be named therein and under a certain, to answer unto your honors, all and singular the matters and things above alleged against them and that the Honorable court shall grant unto your orators such other and further relief as to your honors shall seem proper. And your orators will ever pray

Territory of MissouriMissouri Ss John Connelly one of the complainants in this Bill of complaint being duly sworn on his oath saith that the matter of fact in the said Bill, stated as of his own knowledge are true, and there stated as from the information of others, he believes the same to the true -

sworn to and subscribed this 1818 J.C. Parmer

an injunction is awarded equally to the prayer of the Bill upon the complaintant executing their Band north Thomas HanlyThomas Thomas HanlyHanly & Baronet as their security in double the of the Vasquez as their security in double the amount of the judgment rendered against them in the circuit Court

The answer of Samuel B SmithSamuel Samuel B SmithB. Smith of the Territory of MissouriMissouri and County of St LouisCounty County of St Louisof County of St LouisSt County of St LouisLouis, the defendant to the bill of complainant of James FernonJames James FernonFernon and John Connelly

The defendant Samuel B SmithSamuel B. Smith saving and reserving to himself and at all times hereafter all manner of advantage and benefit of exceptions that may he had and taken to the many untruths uncertainties insufficiencies and imperfections in the said complainants bill of complaint contained for an answer to part of the complainants bill of complainant says that he never made any arrangement or agree-ment with said FernonFernon and Connelly that they were to dismiss their action of in their bill mentioned nor in any matter indused there so. to. do. neither did the said SmithSmith give them or either of them the said FernonFernon and Connelly any promise that if they would so do he would not prosecute his writ of enquiry of damages against them in that behalf nor that he would settle with them as they allege, but he alleges and charges the fact to be that they commenced said action of replevin only with a view of getting the peltries and other articles traded for therein mentioned in their profession and there of their own advice and fraud dis-missed their said action of Replevin without that there is no matter or things in the said complainants bill of complaint necessary for this defendant to make answer to confess confess avoid traverse a All which matters and things this defendant is ready to maintain and prove as this honourable Court shall award and humbly prays to he hence dismissed with his reasonable oath and charges most wrongfully sustained and that the injunction of the said FernonFernon and Connelly may be dismissed. Samuel B SmithSamuel B Smith the above named defend ant on his oath says that the matters of fact stated in the foregoing answer are true

J.G. Parmer Saml Smith
L. B. Smith ads answer

Fernon F. Connelly

Filed April 28th 1819 J.C. Parmer Atty
Samuel B SmithSamuel Samuel B SmithB Samuel B SmithSmith ads FernonFernon and Connelly

filed April 28th 1819 JC Parmer Atty

The demurrer of Samuel B SmithSamuel B. Smith of the Territory of MissouriMissouri and county of St LouisSt St LouisLouis to all and every part of the complainants bill of complaint execpt that part by the said SamuelSamuel already answered to

The said Samuel B SmithSamuel B. Smith by not confessing or acknowledging all in any matters and things in said bill of complaint to be true, in such sort and manner as the same one therein expr- -essed and contained. to all the of the said complainants bill that answered as by this defendants answer, and for causes of this defendant the following first for want of equity in the complainants bill by their own shewing. Second the subject of the Comp- lainants is not within the jurisdiction of a Court of equity. Third that the said defendant is to answer for the conduct of a third person with whom he was not and over whose conduct he had no contract. Fourth that the subject matter of the complainants bill or that part which relates to the action of replevin in the circuit court of the is only in a Court of Law and was there decided according to the principles of and Law and there a made there Fifth that the defendant was not at the time of being served with a copy of the complainant. bill of complaint with a copy of the complainants exhibits refused to in their bill of complaint. , All which matters and things this defendant doth and is ready to prove as this Honorable court shall direct , and here by judge- ment of this honorable court whether he shall make any further an other answer thereto.

M Mc GirkM Mc Girk atty for deft
Territory of MissouriMissouri Nothern Circuit Ss. the United StatesUnited States of AmericaAmerica to Samuel B SmithSamuel Samuel B SmithB. Smith Greeting

For are commanded that all expenses and delays being set aside , at our said superior court to be held in and for the Northern circuit , and sitting as a court of chancery , at the Town of St LouisSt. Louis on the fourth Monday in March next, then and there in our said court before our judges aforesaid to answer the bill of of complainant John Connelly and James FernonJames Fernon exhibited against him, and further to stand to abide by and perform the decree of the court in the premises and of this you are not to fail at your peril - and our sheriff of our county of St LouisSt. Louis hereby commanded to make return of this our writ and certify to our said court how he executed this writ.

witness The Honourable Silas BentSilas Bent Esquire presiding judge of our said court at St LouisSt. Louis this nineteenth day of January in the year of our lord one thousand eight hundred and nineteen and of our Independence the forty third J.G. James atty S.C.N.G

Served this writ 3rd March 1819- by to the defendant at his place of residence St LouisSt. Louis Township

John K WalkerJohn John K WalkerK Walker D. shff

Service -80 cts Travel 18 ms 90$ 1,70

No2 FernonFernon and Connelly vs Samuel B SmithSamuel B Smith

filed April 26th 1819 J.G. Parmer atty.
Superior CourtSuperior court In chancery FernonFernon and Conolly v Smith

Robert maketh oath and saith that he was therefore by the plaintiff FernonFernon and and ConnollyConnolly as their attorney that in said capacity he had several communications with the Defendant Samuel B SmithSamuel Samuel B SmithB Smith of and concerning the matters in dispute between said parties that this deponent in the course of said communications understood and believed that it was agreed by and between the said FernonFernon and Conolly and said SmithSmith that a cetain action of Replevin brought by said FernonFernon and Conolly against said SmithSmith should be dismissed by said FernonFernon and Conolly and this deponent saith that in consequence of said agreement to the best of this deponents belief she said action of replevin

Sworn to and subscribed in open court September 23 1819 J.G. Parmer atty
FernonFernon and Connerly vs SmithSmith

affidavit

filed September 23 1819 J.G. Parmer atty
To the Honorable Superior CourtSuperior Court of the Territory of MissouriMissouri Sitting as a court of Equity for the northern Circuit at St LouisSt Louis

HumblyHumbly complaining unto your Honors, shew your orators John Connelly and James FernonJames Fernon, of the Town of St LouisSt Louis in the Territory of MissouriMissouri- That on or about the ninetheenth day of August anno domini One Thousand Eight hundred & sixteen, a certain discourse was had and moved by and between your said orators and a certain Samuel B SmithSamuel B. Smith of the said Town of St LouisSt Louis, of and concerning an expedition up the river Miss ssippi and its tributary waters. to be by your said Orators and the said Samuel B.Smith thereafter made in partnership for the purpose of trading with the Indians in bartering goods wares and merchandize for the furs, peltries and other produce of their country, and that it was finally agreed at or about the date aforesaid by and between your Orators and said Samuel B SmithSamuel B. Smith, that each of the said partners should contribute respectively their equal proportion towards the outfit and purchases necessary for the said expedition to be an equal share, in the expences and losses necessary and incident thereto and to divide equally amongst them the said partners whatever profits should accrue to the said partnership, or be made by said trading voyage; and your Orators further state that on said nineteenth day of August in the year asforesaid, your orators in the said Town of St LouisSt Louis together with the said Samuel B SmithSamuel B. Smith, did sign and execute an article of agreement, reciting that the said several partners had contributed in equal sums towards the said voyage up the MississippiMississippi, for the purpose of trading for furs and in which said agreement it is stiputlated that at the termination of said expedition and after the sale of the proceeds of such trade the nett proceeds thereof as well of the profits as of all losses were to be fairly and equally divided between the said partners, a copy of which article of agreement is herewith filed marked exhibit No 1 and which your orators pray may be taken as part of their bill of complaint- Yours Orators further state that the sum of two hundred and twenty three dollars and ten cents, the said Samuel B SmithSamuel B. Smith executed his promissory note for to your Orators payable

It being executed for so much as said SmithSmith had failed to contribute of his equal proportion of the outfit as by the agreement he was to do, a copy of which said note is herewith filed marked Exhibit No 2 bearing date Twentieth August in year aforesaid and which your Orators pray may be taken as a part of this their bill of complaint.- Your Orators further state that the amount of the equipment and goods actually furnished by all the partners of said company a boat and provisions inclusive amounted to the sum of five thousand three hundred and thirty six dollars and forty seven cents, exclusive of said sum of two hundred & twenty three dollars and ten cents for which the said Samuel B SmithSamuel B. Smith had executed his promissory note aforesaid to indemnify your Orators for the amount they had furnished over and above their relative proportion a copy of the invoice of which goods is herewith filed marked Exhibit C which your Orators pray may be taken as a part of this their file of complaint; Your Orators state that a license was obtained from the proper authorities by said company, permitting them to trade on the MississippiMississippi and tributary waters.- and that James FernonJames Fernon one year Orators, having with the permission of your Orator John Connelly and said SmithSmith declined acccompanying said expedition in person did with the consent of said SmithSmith and your Orator Connelly, hire a certain John Manson to accompany the expedition in the place of your Orator Fernon and as his agent to assist in transacting the business of said company the terms of which hiring were well known to said SmithSmith and were, that the said Manson was to have one half of the profits accruing to said FernonFernon as a partner from said expedition Your Orator state that having embarked on said expedition your Orator Connelly and the said SmithSmith and Manson, together with the necessary Interpreters , Clerks and hands arrived and were at the Mouth Rock River near which with the consent and by agreement with said SmithSmith and Manson there then made and had, your Orator Connelly disembar- ked with one of the Interpreters, and the one third past of the companies goods as aforesaid purchased, and commenced trading with the Indians and that the said SmithSmith and Manson with the rest of the hands and Equipment were to ascend the MississippiMississippi to the River St Pierre and establish themselves there for the purpose of trading- Your Orators State that your Orator Connelly in the course of the trading season, Bartered of his one third part of the goods, for furs peltries and other articles of trade, to the value of One Thousand and sixty eight dollars and seventy eight cents, an Invoice of which together with an Invoice of the goods unsold by the said Connelly and returned into the common stock of said company- is herewith filed marked (Exhibit D) which your Orators pray may be taken as a part of this their Bill and that during the said and Manson bartered for fur peltries & C- only to the amount of four hundred and Eighty dollars & eighty four cents an account of which, together with an invoice of the goods unsold and returned into the stock of the company by said SmithSmith and Manson is herewith filed marked (Exhibit E) and which your Orators pray may be taken as a part of this their Bill- Your Orators State that your Orator John Connelly understanding that said SmithSmith and Manson had ascended the river only as high as the PrairiePrairie du ChienChien , and that they were doing very little buisiness wrote to said SmithSmith to bring his goods yet unsold which the said SmithSmith and Manson had taken with them to where your Orator Connelly was, informing him that if he would do so they probably would be able to barter them all off. But that the said SmithSmith for from availing himself of the information thus given for the benefit of the company, came to where your Orator Connelly, was trading with only two keggs of gun Powder infor ming your Orator Connelly, that he had brought about one half of the goods which he and Manson had, as for as Rock Island and had left them there your Orators state that the said SmithSmith then expressed a wish to come down to St LouisSt Louis for more gun powder , and not withstanding many objections urged by your Orator Connelly to his doing so, the said SmithSmith persisted in his intention, that your Orator Connelly finding it in vain to oppose his inclination , gave him an order on Thomas HanlyThomas Thomas HanlyHanly of St LouisSt Louis for a quantity of powder- That said SmithSmith then left Your orator Connelly for St LouisSt Louis and on his return from St LouisSt Louis deliverd two kegs of Powder to your Orator Connelly and informed him that he had left two other Keg's of gun powder which he consigned to the care of a French Trader and then set out for Rock Island for the goods he had left there and returned to Rock river with them, and commenced bartering with the Indians. Your Orators state that shortly thereafter, the trading season being over and the said Manson having returned to the mouth of the river with the boat the whole partnership concern embarked in her with the furs. Peltries and articles traded for together with the goods of the company yet

yet remaining unsold and descended to St LouisSt Louis and stored the same in the cellar of Ralph Davis in the town of St LouisSt Louis- Your orators charge that a considerable quantity of the goods that were in the possession of said Manson & SmithSmith as aforesaid, amounting to the value of one thousand seven hundred and seventy six dollars and thirty two cents were never returned into the common stock of said company and have not been accounted for to the said firm by said smith & Manson and were and have been a loss to the said company of so much. Your orators further charge that in consequence of the bad management of said SmithSmith and Manson the latter of whom they are informed was controlled by said SmithSmith and their inattention to the partnership concerns and the interest of the company. the company have sustained a loss of upwards of three thousand dollars your orators further state that the said smith after the said furs goods and other reticles had been stored as aforesaid and altho your orators were then in the town of S LouisS Louis contribed and without the consent or knowledge of your orators to cause the said peltries and furs to be transported to the cellar of one Gibbon in the town of St LouisSt Louis and had actually sold the same to one EphraimEphraim Towns with the intention & purpose as your orators had good reason to believe and still believe of receiving the proceeds of the sales of the same and then leaving the Territory without in any wise acounting for the same to your orators but by that means of defrauding your Orators thereof and your orators state that the said SmithSmith was actually counting the said furs & peltries for the said Towns before your orators had detected the said Fraudulent doings purposes and intentions of the said smith your orator state that they thereupon brought their action of Replevin for said furs & peltries while they were yet in his possession as the only efficient means of defeating the fraudulent intentions & purposes of said SmithSmith and were thereby restored to the possession of them.- Your orators state that after bringing said action frequent propositions were made by your Orators to said SmithSmith to settle the partnership accounts, that the said SmithSmith after many offers and made to him by your Orators promised and agreed with them that he would make a settlement of the whole partnership concerns That your orators upon the faith of that agreement dismissed their said action of Replevin and your orators further state that in pursuance of an agreement by and between your orators and said SmithSmith the matters in controversy between said SmithSmith and your orators were referred to Thomas HanlyThomas Hanly, EphraimEphraim Towns and Moses ScottMoses Scott after each one of said parties having chosen one of said arbitrators and thereupon a bond was executed by your Orators and said smith by each to the other in the penal sum of one Thousand dollars to be void as to each of said parties as they should abide by and perform the arbitrament and award of the said references your Orators state that in pursuance of said agreement and by the submission & with the consent of the parties thereto, the said arbitrators on the twenty eighth day of May in the year of our Lord one thousand eight hundred and seventeen , in the town of St LouisSt Louis after being duly sworn a true and just award to make, did enter into an examination of the accounts and matters in difference between the said parties and the evidence and witnesses then & there produced before them by said parties who were then & there present & contesting their rights and did then and there after a full examination & consideration of all and singular the said matters award that you orator FernonFernon and the said SmithSmith should stand charged by the said company in the sum of one thousand seven hundred & seventy six dollars & Thirty two cents for and on account of a deficit of goods to that amount, which they SmithSmith and FernonFernon had not accounted for and that each of them SmithSmith and your orator FernonFernon should stand charged in equal shares for that sum, a copy of which said award is herewith filed marked (Exhibit F) which is prayed to be taken as a part of this Bill- your orators state that the said award was then and there presented to the said SmithSmith with a reqest that he would abide by and perform the same which your Orators were wiling on their parts and then & there offered to do, But your Orators state that the said SmithSmith, the said award and the offers & request of your orators not regarding did wholly refuse to perform & comply with the same and on the third day thereafter filed his bill of complaint against your orators in the honorable the superior court for the Territory of MissouriMissouri sitting as a court of equity at St LouisSt Louis falsely pretending and setting forth that your orators were about to defraud him of his part or share in the stock of said company by him pretended to be due and coming from the said company to him, under the said agreement that he had been an active partner in transacting the business of said company, and praying that your orators might be compelled to render an account and pay to said SmithSmith his share so pre- tended to be due and coming to him from said company and that a writ of ne exeat might issue against your orators pretending that your orators were about to leave the Territory and for the purpose of haraping and your orators were about to leave the Territory and for the purpose of harassing and vexing your orators altho as your orators expressly state nothing in equity and good conscience was due and owing to said SmithSmith from said company For your orators state that the whole amount of peltries and other articles traded for by said company on said Expedition amounted but to one thousand five hundred and forty nine dollars & sixty two cents according to exhibits before made and mentioned 1549.62 and that the nett proceeds of the goods returned into the common stock of said company and sold for the benefit of the concern amounted to but the sum of Eight hundred and fifty eight dollars cents and a half as 79 1/2 will appear by an inventory of the sales thereof herewith filed and marked exhibit G and prayed to be taken as part of this bill, which together produce the sum of Two thousand four hundred & eight dollars, forty one cents and a half and that the said sum of one Thousand seven hundred & seventy six dollars and thiry two cents which the said SmithSmith and your orator 1778.32. FernonFernon as your orators believe stand justly charged with by the said firm in equal proportions for the goods as aforesaid unaccounted for by them & which was awarded against them as aforesaid in favour of the company which added to the last result makes the sum of four thousand one hundred & eighty four dollars seventy three and a half cents which being divided 4184.73 1/2 into three equal shares gives to each of the partners the sum of one Thousand three hundred and ninety four dollars and ninety one cents against which 1394.91. your orators state that the said SmithSmith is justly chargeable with his equal part of the said sum of one Thousand seven hundred and seventy six dollars thirty two cents as awarded by the arbitrators as aforesaid for the deficit of goods as aforesaid amounting to the sum of eight hundred & eighty eight dollars 888.16 sixteen cents and that your orators have paid off the debts of the company to the amount of eight hundred & ninety nine dollars one and an half cents as per an account herewith filed appears marked (exhibit H) which is prayed to be taken as part of this Bill with one third part of which said SmithSmith is

justly charged by your Orators, and for which he ought to account with them amounting to the sum of two hundred and ninety nine dollars of Sixty seven cents and that the 299.67. 959-39. said SmithSmith is also indebted to your orators in the further sum of three hundred and fifty nine dollars and thirty nine cents arising out of the company concerns including the promissory note executed by said SmithSmith as before mentioned as per account herewith filed appears marked (Exhibit II) and prayed to be taken as part of their Bill. And also that said SmithSmith is indebted to the said company in other the sum of one hundred and twenty three dollars, and Seventy two cents as per account herewith filed marked (Exhibit K) and prayed to be taken as part of this Bill, The two thirds whereof the said SmithSmith is charge- able with by your Orators amounting to the sum of Eighty two dollars and 82.48 forty eighty cents - which make an aggregate amount of Sixteen hundred and twenty nine dollars and ninety cents. with which the said SmithSmith 1629.90 is justly chargeable by your Orators in a settlement of the partnership concerns. as your Orators verily believe - leaving a balance in favor of your Orators of two hundred and thirty four dollars and ninety cents as due from said SmithSmith 234.90. on a fair Settlement of the affairs of said company; That notwithstanding that the accounts stand as your Orators have herin setforth, and that the said action of Replevin was dismissed on the faith of the agreement of the said SmithSmith to and with your Orators as before stated;and that the said had filed his bill against your Orators as before stated; the said had filed his bill against your orator as herein before stated; the said SmithSmith after the dismission of said action as aforesaid by his attorney came and moved the court, for a writ de retorno haliendo and also for a writ of enquiry of damages for the detention of the aid peltries, furs of against your Orators and had the same awarded to him in the said action; and your Orators state that at the June Term last of the circuit court for the county of St LouisSt Louis a jury came on the said writ of Enquiry and returned a verdict against your Orators for the sum of twenty four hundred and fifty dollars. The said court then and there on the trial of the said writ not permitting any of the Equitable matters of defence to said writ as herein bfore stated, to be heard by the jury but rejected the same when they were then offered in evidence by your Orators, and that Judgment was thereupon rendered against your orators for the said sum besides costs and that your Orators persons and property are now threatened to be taken in execution, in satis- faction of said judgment so iniquitously obtained, and that too for one third of upwards more that the value of all the peltries furs and other articles traded for by said company on said expedition and does not release said Judgment as in justice he ought to do.- But now so it is may it please your honors, that the said Samuel, B. Smith combining and confederating with divers persons at present unknown to your Orators / But whose names when discovered they pray may be herein inserted and they made parties hereto with to charge them and every of them) to defraud of oppress your Orators in the premises. he the said SmithSmith refusing to comply with his promises and agreements to settle and accounts with your orators, and refusing to perform the said award at your orators requrest But in violation and breach of the same prosecutes his said suit in Equity against your Orators and his said writ of Enquiry to Judgment and Execution, Sometimes pretending that he never made any agreement to compromise the concerns of said partnership nor ever submitted the same to arbitration, to hereof your Orators change the contray and which again the said SmithSmith will sometimes admit, and then pretends that your Orators would not settle and account with him and would not submit the same to arbitration and were unwilling to perform the said award; whereas your Orators charge the contrary and that they were willing and offered to perform the award, which the said SmithSmith ought to have done but which he refused to do and filed his bill as aforesaid, pretending that he had been an active partner in the service of the company, that he had so acted as most to promote its interest as far as in his power, that he had sold the said furs to said Town, with a view to the interest of said company and intended to account therefor to the said company and that he had received anything from the said company, and that your Orators were combining and confederating to defraud him of his part of the proceeds of said partnership. Whereas your Orators charge the contrary and that the company sustained great loss from the negligence and bad conduct of said SmithSmith in the affairs of said company, that he unnecessarily wasted his time travelling at the company's expence neglecting the company's business and permitting great waste of the company's pro- erty contrary to the advice and wish of your Orator Connelly, and needlessly employing persons in the service of the company and allowing to them extravagant wages which your Orators have had to pay_. Again SmithSmith pretends that he and Manson accounted to the company for all the goods which they had taken to trade upon as aforesaid, whereas your Orators charge the contrary, and again at other times SmithSmith admits that there is a considerable amount with which he ought to stand charged by the company but pretends - that he ought not to be charged with many of the Items herein before stated as chargeable by said company against him. Whereas your Orators charge the contrary and insist that all the several accounts by them stated are justly chargeable against said SmithSmith and again sometimes the said SmithSmith admits that he had no just claim to anything in the said peltries except his one third part of the nett proceeds of the sales of the same. But now he insists that he is entitled to the whole damages aforesaid given for the detention of the whole of said Peltries- whereas your Orators charge that he is not entitled to one cent thereof- All which acts and doings of said SmithSmith are contrary to Equity & good conscience and tend to the manifest wrong and injury of your Orators _. In tender consideration whereof

(7)

and for as much as your Orators are utterly by the strict rules of the common law, and cannot have a discovery of the truth of the several matters aforesaid, but by the Corporal Oath of the said Samuel B SmithSamuel B. Smith nor can your Orators be let into the said several equitable matters herein before stated, nor have an account of the siad partnership concerns without the aid and assistance of a court of equity, before the honourable the superior court of the Territory of MissouriMissouri sitting as such, where matters of this nature properly cognizable and relievable-. To the end therefore that the said Samuel B SmithSamuel B. Smith may upon his corporal oath, full, true , distinct and perfect answer make to all and singular the matters and things herein before set forth as fully and particularly as if the same were here again respected and he thereunto particularly interogated, and more especially that he may set forth and discover.

1st Whether the Terms of said partnership are not as herein before stated, and if not then what were they-?

2nd Whether the whole capital Stock of said company and equipments were not of the amount herein stated and the purchases of Peltries & by the company as herein also stated?

3rd Whether the said SmithSmith & Manson did not take two thirds of the goods to trade upon as herein stated- and your orator Connelly the remaining third, and also whether the Invoice of the goods that were not sold, and returned into the common stock set forth and if not the

4th Whether the amount of said goods to SmithSmith and Manson and unacc- ounted for the the said company are correctly stated and if not what was the amount unaccounted for?

5th Whether the said several charges and accounts herein stated against the said SmithSmith are not correct and if not what should they be- and what Items ought and what ought not be charged thereof against said SmithSmith ?

6th Whether there was not an agreement to settle the said matters as herein stated and said suit dismissed upon the faith of that agreement?

7th Whether there was not a submission & award as herein stated and a refusal upon the part of said SmithSmith to comply with the award upon the request of your Orators?-

8th Whether the said SmithSmith did not file his bill in Equity which is now pending against your Orators as herein stated and did not he proceed pending the same against your Orators with his writs de retorno habendo and enquiry as herein before stated, and were not damages and Judgment given as stated?-

9th Whether the said SmithSmith & Manson did go to the River St Pierre with their goods when their agreement with your Orator Connelly was to go- and what was the reason thereof ?

10th Whether your Orator Connelly did not write to said SmithSmith to bring the goods back to where he was informing him that most probably he could dispose of them there, and what was the reason that he did not bring them?

11th What was the reason said SmithSmith did spend so much of his time in to the advice of your Orator Connelly- and whether he did not incur debts against the company unnecessarily and to a large amount by paying extravagant lire all which your Orators have since had to pay?

12th Whether all the Exhibits of accounts and Invoices are just and correct and if not how are they not so?

And may it please your honors to grant unto your Orators, your writ of Injunction directed to the said Samuel B SmithSamuel B. Smith his attorney's counsellors, agents and all concerned, and to the sheriff of the county of St LouisSt Louis matter shall be heard in your honorable court, and also your honor's gracious writ of subpoena directed to the said Samuel B SmithSamuel B. Smith to be and appear on a certain day to be named therein and under a certain, to answer unto Your honors all and singular the matters and things above alledged against them, and that the Honourable court shall grant unto your orators such other and futher relief as to your honors shall seen proper- And your orators will ever pray

WashWash for

Territory of MissouriMissouri Ss John Connelly one of the complainants in this Bill of complaint being duly sworn his oath saith that the matter of fact in the said Bill in the as of the and there Stated as from the of others, he believes the same to be true

Sworn this day A D 1818 before me

J.E.

an injunction is awarded agreeably to the prayer of the Bill upon the complainant executing their bond with Thomas HanlyThomas Thomas HanlyHanly & Baronet Vasquez as their security in double the amt of the judgment rendered against them in the Circuit CourtCircuit Court

Alexd. StuartStuart
St LouisSt Louis May 28th 1817

It appearing to us the undesigned arbitrator Appointed to settle the dispute existing between Fernon Connolly and SmithSmith that there is a deficit of One Thousand Seven Hundred and Seventy six dollars 32 cts which appears to have arisen from the two third part of the in trade of said firm which had been allotted to the management of Fernon & Smith on a division of the goods for Trading purposes and as they have not exhibited to us any acct- Whatever of have this deficiency has accured We award that each of those persons Individually stand charged by the firm with his Individual half of said deficiency to say FernonFernon shall be charged and held Indebted to the firm of Fernon Connolly & Smith in the just & plea sum of Eight Hundred and eighty eighty dollars 16 cts and in that be charged and held Indebted to the said a like sum of eighty hundred and Eighty eighty dollars and 16 cts which Several sums will produce the defect not account for Given under our hands and seals the day and dates above matter

H. Hanly
&

Ephraim Town Being duly sworn on his oath SmithSmith that he was one of the aforesaid arbitratory between the aforesaid_That prior to catering unto an examination or integration of the to be hundred to by the said parties , they were Severelly sworn well and truly to arbitrate and a true award to bring but the did parties that the same way alone with the frequence on the Said parties . that they the said arbitration they went into an examination of the Matters aforesaid, received the proofs of the said parties in the presence of the said parties and that the unanimously agreed upon and bought a award between the Said Kenty; a copy whereof is on the other side_ and further saith not Sworn to & Subscribed this fifth day of June 1817 between the hours of 9 of clock in the fournoon at tweleve of clock at noon of the said day be before me at any office

M. Palmer JP E. Town

88'3

35

02

.34

35

4.63

2.24