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Title: Joseph Robidoux v. Jeremiah Conner
Plaintiff: Robidoux, Joseph
Defendant: Conner, Jeremiah
Date Filed: April 25, 1817
Term: August Term 1817
Cause of Action: Trespass
Case Number: 2
Court: St. Louis Circuit Court
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

County of Circuit CourtSt Louis Circuit CourtCircuit Court

Joseph RobideauxJoseph Robidoux by R WashR. Wash his Attorney complains of JeremiahJeremiah Conner of a plea of trespass on the case, for that the said JeremiahJeremiah on the first day of April eighteen hundred and seventeen at the County aforesaid, was indebted to the said JosephJoseph in the sum of five hundred dollars, as will for carrying and transporting on board of a certain keel boat belonging to the said JosephJoseph divers goods wares and merchandise of the said JeremiahJeremiah from the town of St LouisSt Louis to wit at the County aforesaid to a certain place called Fort Osage on the MissouriMissouri river to wit at the County aforesaid at the special instance and request of the said JeremiahJeremiah; and also, for carrying and transporting as aforesaid a certain Clerk in the employ & doing the business of the said JeremiahJeremiah at his like special instance & request, from the town of St LouisSt Louis aforesaid to Fort Osage aforesaid:- And being so indebted the said JeremiahJeremiah in consideration thereof, afterwards to wit, the day and year aforesaid at the County aforesaid upon himself did assume and unto the said JosephJoseph, then and there faithfully promised that he the said

JeremiahJeremiah the said sum of five hundred dollars would will & truly pay unto the said JosephJoseph when--ever he should be thereunto afterwards required;

And for that the said JosephJoseph on or about the first day of the month of November eighteen hundred & sixteen at the town of St LouisSt. Louis at the County aforesaid took & received on board a certain keel boat belonging to him the said JosephJoseph divers goods, wares & merchandize of the said JeremiahJeremiah contained in divers hands boxes & keggs, weighing in all a great weight to writ, the weight of twenty thousand which he the said JosephJoseph agreed to & with the to carry & Transport for the said JeremiahJeremiah to a certain place called Fort Osage on the MissouriMissouri river to wit at the County aforesaid: for which the said JeremiahJeremiah undertook & promised to pay him the said JosephJoseph at the rate of two dollars & seventy five cents per hundred weight as the price of the freight of the aforesaid goods wares ;- And the said JosephJoseph that he did long since carry & Transport the goods wares & merchandize aforesaid to Fort Osage aforesaid; whereby the said Jerimah became bound & unable to pay the said JosephJoseph the further sum of five hundred & fifty dollars the amount of the fright of the aforesaid goods wares & merchan-dize, wherenever he the said JeremiahJeremiah should be

thereunto afterwards requested; and being so liable afterwards to wit, the day & year aforesaid at the County aforesaid promised in consideration thereof so to do.

And for that the said JeremiahJeremiah on the day & year last aforesaid at the County afore==said, was indebted to the said JosephJoseph other five hundred dollars as well for divers goods wares & merchandise before that time sold & delivered by the said JosephJoseph to the said JeremiahJeremiah, and for divers sums of money before that time advanced, paid, laid out & expanded by the said JosephJoseph to & for the use of the said Jeromiah dict & cooling provided & furnished by the said JosephJoseph for & to the clerk of the JeremiahJeremiah all at the like special instance and request of the said JeremiahJeremiah, and being so indebted the said Jeromiah in consideration thereof. afterwards to wit the day & year & at the county aforesaid undertook & faithfully promised the said JosephJoseph to pay him the sum of money last aforesaid whereas he should be thereunto after-=wards requested; Neverthless the said JeremiahJeremiah his promises & assumptions aforesaid not regarding, the sums of money aforesaid nor either nor any part of either get hath not paid, (although so to do the said JeremiahJeremiah hath been often requested; to wit, the day & year

aforesaid & on divers other days before the times forth of the Plantiffs writ; but the same to the said JosephJoseph to pay hitherto hath wholly refused & doth still reform to his damage seven hundred dollars & the reform he brings suit

R WashR. Wash Atty . P. Q.=

JeremiahJeremiah Conner the above named defendant is hereby notified that he will be required to produce at the trial of the above cause the receipt or Bill of -lading given by the said JosephJoseph to the said JeremiahJeremiah for & on account of the promises above complained of.

Joseph RobideauxJoseph Joseph RobideauxRobidoux by his Atty R WashR. Wash

The deft. says comes and defends the & when and says that he did not assume upon himself in manner and form

No: 2 Circuit CourtSt. Louis Circuit Court August term 1817.

Joseph RobideauxJoseph Robidoux vs JeremiahJeremiah Conner Narr.

This is an action of trespass or the case. Let a summons issue, to the Pltffs damage $.700-

M.P. Low J C C C J Louis R. Wash Atty P. Q. Summons issued filed April 25th 1817 M P LedueM. P. Ledue Clk April 25

Executed this unit in the Term and County of St LouisCounty of County of St LouisSt. Louis May 20th 1817 By Reading the Same to John Conner the within named Defenddant and informing him the Contents of the Same

A. P. CarrCarr D Shff for J W ThompsonJ. W. J W ThompsonThompson Shff Services, 80 A D in the case
MissouriMissouri Territory St Louis County In the United StatesUnited States of AmericaAmerica to the Sheriff of said County of St LouisCounty of St Louis Greeting

We command you to Summon JeremiahJeremiah Conner that he be and appear before the Judge of our Circuit CourtCircuit Court to be held at the town of St LouisSt. Louis within and for the County of St LouisCounty of St Louis on the first Monday of August next then there to answer Joseph RobideauxJoseph Joseph RobideauxRobidoux of a plea of trespass on the case to the damage of the said JosephJoseph seven hundred dollars and have you then there this writ.

Witness M. P LeducP. Leduc Clerk of and Said Court at the town of St LouisSt Louis this twenty fifth day of April in the year of Lord one thousa-nd eight hundred and seventeen and of our Independence the forty first. M. P. Clerk
Territory of MissouriMissouri County of St LouisCounty of St Louis Ss The United Sates of AmericaAmerica to any Judge on Justice of the peace of the County of HowardHoward Greeting

We reposing Special trust and confidence in your in dignity and in cause do require and command, you that you cause to come before you Such persons or that he named to you by Joseph RobideauxJoseph Robidoux, and there examine upon their corporal oath to be by you administrated, touching their knowledge of any thing that may retake to certain controversy now pending in and said Court, between Joseph RobideauxJoseph Robidoux plaintiff and Jerimiah Conner defendant, on the post of the Plaintiff, and having reduced the deposition so taken by you as aforesaid to writing, you (send the same) with this commission under your hand and Seal to this Court, with all speed

Witness MaryMary Shilp Ledue Clerk of our said

Court at the Town of St LouisSaint St LouisLouis this fourth day of November in the year of our Lord one thousand eight hundred and Seventeen and of the American Independuence the forty Second

M P LedueM. P. Ledue Clerk By A. P. McGirk D Clk
JeremiahJeremiah Common ads Joseph RobideauxJoseph Robidoux In Vacation November 10th 1817

On motion of Mc work attorney for the Plaintiff it is Rubd that a to any Judge or Justice of the plan of the County of HowardHoward to take the depositions of witnesses on the part of the Plaintiff

M P LedueM. P. Ledue Clk By A. P. Clk True Copy of Rule M P LedueM. P. Ledue Clk By A. P. Clk

To JeremiahJeremiah Conner, the above named Defendant - Sir. - Phase to take notice that on saturday the 27th day of December next between the hours of ten oclk in the forenoon & four oclk in the afternoon of that day, I will proceed to take the depositions of witnesses at the clerks office in the County of HowardHoward before some compotant authority; to be read in roidence on the trial of the above suit.

St LouisSt Louis Decr. 2nd 1817 Your obdt. Joseph RobideauxJoseph Robidoux by R WashR. Wash his

J Conner ads J Robedouse Dedimus

Territory Of MissouriMissouri, County Of St LouisSt. Louis, Sct The United StatesUnited States of AmericaAmerica to the Sheriff of said county Greeting:

You are hereby commanded to summon Michel MorinMichel Michel MorinMorin that setting aside all manner of excuse and delay he be and appear in proper person before the judge of our circuit court on the twelfth day of February at the town of St LouisSt. Louis, then there to testify and the truth to say in a certain matter of controversy now pending in our said court, wherein JosephJoseph Robidouse is plaintiff and Jeremiah ConnorJeremiah Jeremiah ConnorConnor defendant, on the part of the plaintiff and have you then there this writ.

Witness MaryMary P LeducP. Leduc, Clerk of our said circuit court, at the town of St LouisSt. Louis, this third day of December in the year of our Lord, one thousand eight hundred and seventeen and of the Inde-pendence of the United StatesUnited States, the forty second M. P LeducP. Leduc Clerk of St LouisSt. L. C. C. by McGirkMcGirk DClerk

Circuit CourtSt. Louis Circuit Court February Term 1818.

Joseph RobideauxJoseph Robidoux vs JeremiahJeremiah Conner

for Michel MorinMichel Michel MorinMorin St Louis County Febry 12th 1817. WashWash atty for Ptff

Not found

50 Sf

The Testimony of NathanielNathaniel Hitchison taken between the hours of ten of the Clock in the forenoon & four of the Clock in the afternoon of the 27th day of December in the year Eighteen hundred & seventeen before me the undesign Justice of the peace of HowardHoward County MissouriMissouri Territory the office of the Clerk of the Circuit Court of Said County & Territory afforesaid in pursuance of the annexed notice and in obedience to the anexed Dedimus

the Deponent being of Lawfull age SayethSayeth

Question by GeorgeGeorge Tampkins for plaintiff

Tell what you no in this case

And, Jeremiah ConnorJeremiah Jeremiah ConnorConnor Wrote to me to going to Cooper Fort to as just his Clerk in packing up his goods Question by same what goods were these I do not understand the question

Question by the same Tell if you can what weight of goods Comes there at that time and where they were brought from to that place and who brought them and in what manner

And as to the weight of goods JeanJean only say I believe there were four Naggou loads but think they were small loads these were hauled from fort Cooper and put in RobideauxRobidoux boat to be taken to fort Osage I understood from Mr Conner that these goods were shiped at St LouisSt Louis for Fort Osage an board RobideauxRobidoux boat

Question by same Tell if you no she cause of their dropping at Fort Cooper & Who was the Clerk for Mr Conner

Ans I Learned from various sources & I think from Mr Conner that the cause of their mapping at Fort Cooper was their not being able to the never in consequence of the Lee and PatrickPatrick Crowly was then his Clerks

NathanielNathaniel Hutchison

to and The deposition written on the other side the paper was Sworn to and subscribed by the said Hutchison before me the undersigned Justices of the peace on the day and year within mentioned in pursuance of the anexed Dedimus Given under my hand & seal this day & date within mentioned and in pursuance of the anexed

GeorgeGeorge Burckh artt J. P. H. C

Dedimus I send it and this Deposition enclosed under my hand and seal to the Clerk of the Circuit CourtCircuit Court of St Louis County MissouriMissouri Territoy.

In testimony

whereof I the said justice of the peace have here - unto set my hand & the day & year aforesaid

Georg D. Burckhaith
Justice of the peace of HowardHoward County and MissouriMissouri Territory To Writing two hundred & eighty seven words $028 6 1/4 Swearing Deponent

filed January 6th 1818

M P LedueM. P. Ledue Clk by A. P. Mc. Girk DClrk

To the Clerk of the Circuit CourtCircuit Circuit CourtCourt St Louis County

of NathanielNathaniel Hutchinson taken between the the hours of ten in the forenoon

Territory Of MissouriMissouri, County Of St LouisSt. Louis, sct. The United StatesUnited States of AmericaAmerica to the Sheriff of said county Greeting:

You are hereby commanded to summon JosephJoseph Navales and ManuelManuel Renna that setting aside all manner of excuse and delay they be and appear in proper person before the judge of our circuit court on the 16th day of Febry. 1818 at the town of St LouisSt. Louis, then there to testify and the truth to say in a certain matter of controversy now pending in our said court, wherein Joseph RobideauxJoseph Joseph RobideauxRobidoux is plaintiff and Jeremiah ConnorJeremiah Connor defendant, on the part of the Plaintiff and have you then there this writ.

Witness MaryMary P LeducP. Leduc, Clerk of our said circuit court, at the town of St LouisSt. Louis, this 16th day of Febry in the year of our Lord, one thousand eight hundred and eighteen and of the Inde-pendence of the United StatesUnited States, the forty second . M. P LeducP. Leduc Clerk of St LouisSt. L. C. C. by McGirkMcGirk DClk

J. Robidoux vs J Conner supd

July Term 1818

Territory of MissouriMissouri County of St LouisCounty of St Louis In the United StatesUnited States of AmericaAmerica to any Judge on Justice of the peace of the County of St LouisCounty of St Louis Greeting

We reposing Special trust and - in your in tightly and , do you you that you cause to come before you such persons as that he named to said by Joseph RobideauxJoseph Joseph RobideauxRobidoux and there examined upon their coporal oath to be by you adminis- -tered touching their knowledge of anything that may retake to a certain suit now pending in our Circuit CourtCircuit Court wherein Joseph RobideauxJoseph Robidoux is plaintiffs and Jeremi-ah ConnorConnor is defendant, on the part of the plaintiff, and having - nd the deposition to taken by you as aforesaid to writing you land the same under your hand and seal to this office with this

Witness M P LeducP Leduc Clerk of our said Court at St LouisSt Louis this third March 1818 M. P LeducP. Leduc Clk by A. . M GirkM M GirkGirk DClk
JosephJoseph Robudouse vs Jeremiah ConnorJeremiah Connor

In execution March 3rd 1818 on motion of Mr WashWash attorney for the Plaintiffs it is that a dedimus to any Judge on Justice of the peace of the County of St LouisCounty of St Louis to take the depositions of witness on the part of the plaintiff

M. P LeducP. P LeducLeduc Clerk by A. S. McGrik DClk True copy of above M. P LeducP. P LeducLeduc clk by A. McGrik DClk

Joseph RobideauxJoseph Robidoux vs Jeremiah ConnorJeremiah Jeremiah ConnorConnor dedimus

Joseph RobideauxJoseph Robedoux vs JeremiahJeremiah Conner

In Mention March 3rd 1818.

To the above named plan to take mother that I will on Tuesday the 10th; Just between the hours of 10 oclk in the forenoon & four oclk in the afternoon of that day, at the office of J. V. Gamin Esqr. in the town of St LouisSt. Louis, proceed to take the depositions of witnesses to be mad in evidence on the trial of the above named cause.

J P h. RobideauxRobidoux by his Atty B. Wash delivered a copy of the above 4th; March 1818 B Wash
Territory of MissouriMissouri, County of St LouisCounty of St. Louis, sct. The United StatesUnited States of AmericaAmerica to the Sheriff of said county, Greeting.:

You are hereby commanded to summon JosephJoseph Navales and ManuelManuel Benna Michela that setting aside all manner of excuse and delay they - be and appear in proper person before the judge of our circuit court on the tenth - day of June at the town of St LouisSt. Louis, then there to testify and the truth to say in a certain matter of controversy now pending in our said court, wherein Joseph RobideauxJoseph Robedoux is plaintiff and Jeremiah ConnorJeremiah Jeremiah ConnorConnor - defendant, on the part of the plaintiff and have you then there this writ.

Witness MaryMary P LeducP. Leduc, Clerk of our said circuit court, at the town of St LouisSt. Louis, this twenty first day of March - in the year of our Lord, one thousand eight hundred and eighteen and of the Independence of the United StatesUnited States, the forty second M. P LeducP Leduc Clerk of St LouisSt. L. C. C. by . S. McGrik DClk

Executed on Michel MorinMichel Morin and Manual Renna JosephJoseph Navales not found

J. W. Thompson DShff Service 66 non Est 50 $ 1.10
St LouisSt Louis Circuit Ct June Term 1818

JosephJoseph Robidouse vs JeremiahJeremiah Cannor Subpea

June 10th 1818 for Michel Morin Joseph Maods & ManuelManuel Renna St Louis County Work attorney for Plff

The Hble Circuit CourtCircuit Court St Louis County

Filed this 9th June 1818

Archibald GambleA Gamble

RobideauxRobidoux vs ConnorConnor

Deposition Taken by notice of a Dedimus and rule, out of the office of the desk of the circuit court of the county of St LouisSt Louis at the office of Joseph VJoseph Joseph VV Pamier in the Town of St LouisSt Louis, on Tuesday the tenth day of March in the Year eighteen hundred and eighteen between the hours often in the forenoon and four in the afternoon of the Same day, and to be read in evidence on the trial of a certain suit now leading in the circuit court aforesaid Between Joseph RobideauxJoseph Robedoux Plaintiff and Jeremiah ConnorJeremiah Connor defendant.

MichaelMichael Eley being of lawful age and duly Sworn on the holy of almighty god doth depose and say that on the fourteenth day of March in the year eighteen hundred and Seventeen, he the deponant being then at Fort Osage on the river MissouriMissouri, Certain articles of merchandizes were delivered to him by a Mr RobideauxRobidoux, as the property of Jeremiah ConnorJeremiah Connor that being than much engaged himself, he requested order dowry to receive them- that the said articles of merchandizes counciled, in twelve Barrels of whiskey, two of which did not appear to be more than half full, two large Barg of Merchandizes he suppose weighing about two hundred pound each, 1 Box of soap, 1 Box of candles, 1 Box of chocolate 1 Barrel of salt, 2 Barrels of coffee weighing 35lb Cost- 3 Barrels of sugar 659 gross 4 Kegs of powder - 118th gross - 1 Keg pepper 31 gross- which said articles he the deponent caused to be stored up in a won in of the fort that in Examining the Whiskey, with the said RobideauxRobidoux, one of the Barrels (No. 3) appears to be deficient as he supposed, about twenty four gallons, the said RobideauxRobidoux acknowledged to him that he had made use of the Same- that the Barrel of Salt might contain about five barrels and weighed gross two hundred and seventy pounds weight_ The deponent further saith that he was at Fort cooper when the goods were opened and re-collect some of the same being offered for sale

Question by Defendant - Do You recollect when I arrived at Fort Ssage?

Answer - You arived about the eighteenth day of November of the Year 1816 - I Know that You made a payment of the troops amounting to Several Thousand dollars - That some hands four in number were sent down to meet the Boat in which defendants goods were coming with that they came down a certain distance and were obliged to return being prevented going by notice from going down any further that a half indian had been sent down a few days previous to the four men going down that his home having sum away from him he was obliged to return. That the Fort was at the time destitute of goods, the men had money and were made in want of goods and deponent supposes and believes that the said owner would have sold the greater part of his said goods to advantage had they reached the fort in due time.

Question by Same - Do You recollect how many days before Christmas I left fort osage?_

Answer - I suppose between five and ten days.

Question by Same - Did You understand that the payment of the troops had been post poned in expectation of the goods and how long_

Answer - I understood that the payment was put off in "apprecia- =tion of the goods, the time, I do not recollect, but believe from three to six days_ that the two express above alluded to had been seat down to accelerate the arrival of the goods and further saith not

Sworn to & Subscribed the day of Year & between the hours first above mentioned before me J. C. Garner JP Michael ElyMichael Michael ElyEly Fees Justice - $ 2 Sub - 00.50 writing deposition 75 & oath 31 1/2 $ 1.50 1/2
Joseph RobideauxJoseph Robidoux vs Jerremiah Conner

To my attendance as a witness in the cause since the 10th; instance being 6 days at 0.50 per day ----- $ 3.00

Sworn to in open Court by Michel MorinMichel Morin this sixteenth of June 1818 Archibald GambleA Gamble Clerk, C. C. St Louis County

32

3

96

4

384

2

$768