aspens,David Musick, -400George Smith -400 St L -800 Witherington -170 Martin -200 of alais John
146 S the of John 200 Thomas Witherington -80 Adam Martin

Larceny,Nov Term 1808
26

Territory of Louisiana ,
District of St Louis In quarter session,November Term 1808

The grand Jurors, of the United States for the
Body of the District of St Louis upon there oaths do present, that
Aqiulla Lowe William St Clair , and John Johnston all late
of the District of St Louis on the third. day of September
the year one thousand eight hundred and eight with force
and arms, at the township of in the District of
St Louis and Territory of Louisiana , one bay mare, of the value
of one hundred dollars lawful, money of the United States and
one Black mare of the value of one hundred dollars lawful,
money of the United States and one mare of the value
of fifty dollars lawful money of the United States and
one mare of the value of fifty dollars lawful
money of the United States , and one Bay of
the value, of ten dollars lawful money of the United
States , and one Bay horse colt, of the value of ten
dollars lawful money of the United States , of the goods
and goods and chattels, and the property of one James Rogers then and
there being, being, found in the district
feloniously, and Steal take, drive, lead, and carry away
the Stated in in said case, made and provided
and against the peace, and dignity, of the United States

John Scott Atty

4322265
a True Bill

formeman,

James his X Mark Rodgers Prosecutor

Territory of Lousiana
District of S Louis
ssThe United States of America to the Sheriff of the District
of Saint Greeting

You are hereby commanded to take Aquilla Low, William St clair
and John Johnston , if they may be found in the District of St and have
their bodies, before the Judges of our Court of quarter, sessions to be holden at the town
of S Louis within and for the district of St Louis on the first monday of March next
then there to answer unto the United States of and on a certain indictment, for Horse
stealing found against them by the grand Inquest of the District of Saint Louis
at the last November Term of the court aforesaid, and have you then there
this writ

Witness The honourable presiding Judge
of our said Court at S Louis aforesaid the twenty-
seventh day of November in the year of our Lord one
thousand eight hundred eight and of the
independence of the United States the thirty thirdTho Riddick Clerk

St Louis District Court of
Quarter session
March Term 1809

Capias
on Indictment,
for horse stealing,

Executed on John Johnston
who is recognized to court
and the recognizan herewith
enclosed Aquilla , Low &
Wlm., St Clair not found

H Sheriff

-1.00mileage -6.00By order of The Court1.00two non $ 8.00

In the Court of quarter, session for the district
of St Louis

Capias on indectment, for horse stealing

Be it remembered that on the 24 day of February
1809 before me the subscriber one of the judges of the general, Court
for the Territory of Louisiana personally,, appeared John Johnston
one of the above named defendants & acknowledged himself
to stand indebted, to the United States in the sum of One
thousand Dollars & also Edward Johnston who likewise,
acknowledge himself is indebted, to the said United States in
another sum of One Thousand Dollars &C.

Upon this condition that the said John Johnston shall be
& appear before the Judge of the Court of quarter, session
for the district of St Louis at St Louis on the
first monday of March next to aforesaid, the aforesaid in
dictment, & not to depart from the said Court
without leave then the aforesaid to be
said otherwise, to remain in full form, &

A- cknowledged, before me at the of the
the day of aforesaid

26

Territory of Louisiana
District of Saint Louis ss. The united States of america

26

Be it remembered that heretofore to wit, a Court of
Quarter sessions, of the peace began and holden at the town of Saint Louis
in and for the District of Saint Louis on the first Monday being the
seventh day of November in the year of our Lord One thousand eight
hundred and Eight the grand inquest for the body of the District of Saint
Louis , being first duly elected, and sworn according to Law, returned
into Court the following Bill or Presentment, to wit.

Territory of Louisiana
District of Saint Louis Quarter ession
November Term 1808

The grand jurors, of the United State for the Body of the
District of Saint Louis upon, their oaths, do present that Aquilla Lowe, William
St. Clair and John Johnston all late, of the District of St. Louis on the third day,
of September in the year one thousand eight hundred and eight, with force &
arms at the township of in the District of Saint Louis and Territory
of Louisiana one bay mare, of the value, of the hundred Dollars lawful money,
of the United States and one, black mare, of the value of One hundred
dollars lawful money of the United States and one mare, of the
value of Fifty Dollars lawful money of the United States and one Roan,
mare of the value of fifty dollars lawful money of the United States and One
Bay mare colt, of the value of ten dollars lawful money of the United States
and one Bay horse horse, of the value of Ten Dollars lawful money of the
United States of the Goods and Chattels and the properyy of one James , Rogers
then and there being found in the township and District aforesaid
ly did take, steal, drive, lead and Carry away against the Statute in such
case made and provided and against the peace and dignity of the United
States signed John Scott Attorney General on which said Bill is the following
endorsement to wit,, a True, Bill signed W Christy foreman.

Whereupon, the Court order that a Capias issue against the said Aquilla ,
Lowe,, William St Clair and John Johnston , to the Ditrict of St.
returnable to the next term of this Court to be at the town of
St Louis in and for the District a aforesaid on the first Monday of
March in the year of our Lord One thousand Eight hundred and nine
which in issuance, of the above order to wit, on the twenty seventh day of
november thousand eight hundred and eight was accordingly done,
in the following words and figures to wit.

Territory of Louisiana
District of Saint Louis ss.The United States of America to the
Sheriff of the District of Saint
Greeting

You are hereby commanded to take Aquilla Lowe,
William St. Clair and John Johnston if they may be found in the
District of Saint and have their bodies, before the judges of

of our Court of Quarter sessions to be holden at the town of St. Louis
within and for the District of Saint Louis on the first Monday of March
next then there to answer unto the United States of and on a, certain
Indictment, for horse stealing found against them by the grand Inquest
of the District of Saint Louis at the last November Term of the Court
aforesaid and have you then there this writ

Witness the honourable
Silas Bent presiding Judge of our said Court at St. Louis
aforesaid the twenty seventh day of November in the
year of our Lord one thousand Eight hundred and
Eight and of the Indefendence of the United States
the thirty third Signed
Clerk

And afterwards to wit At a Court of Quarter sessions began and
holden at the town of Saint Louis in and for the District of Saint Louis
at the said Term of March in the year one thousand eight hundred
and Nine Henry Dodge Esquire, Sheriff of the District of Saint
on the Casius, issued pursuant to the order of the Court at the last
term returns that he has executed the same on John Johnston ,
and returns his here into Court, which said
is in the following words and figures to writ.

In the Court of Quarter Sessions, for the
District of St. Louis

Casius, on Indictment for horse stealing

Be it remembered, that on the 24th day of
February 1809 before me the subcriber one of the judges of the
General Court for the Territory of Louisiana personally appeared,
John Johnston one of the above named Defendants & acknowledged
himself to stand indebted to the United States in the sum of One
thousand Dollars & also Edward Johnston who likewise acknowledged
himself indebted to the said United States in another
sum of One thousand Dollar &c. upon this condition that
the said John Johnston shall be and, appear before the
Judges of the Court of Quarter Sessions, for the District
of St. Louis at St. Louis on the first Monday of March next
to answer the aforesaid indictment & not to depart from
the said Court without leave there the aforesaid recognition,
to be void otherwise to remain, in full force and virtue,
acknowledged before me at the District of St.

the day & year aforesaid signed Otho,
whereupon, at the said Court on the second, day of the Term last
aforementioned, the said John Johnston in his own
proper perosn and to the said indictment, pleads not Guilty a
for trial puts himself upon the country and the said attorney
General doth, the like, therefore let a jury come,
whereupon the sheriff returned into Court the following persons, as jurors,
to wit,, Thomas Lafferty, Elisha Crasby,
John Ball, Gabriel Long John Johns Robert Buckannon, Ezekial, Rogers
Willis Hensley,, John Basey & Michail Miller twelve good & lawfull
men, duly elected tried and sworn, James Rogers being offered as a
Witness was objected to by Rufus , Easton Esquire, attorney for the Defendant,
stating that he was interested as being the owner of the property
alledged, to have been, Stolen & objection over ruled by the Court
whereupon, the said Rufus Easton attorney for the Defendant as

aforesaid filed his Bill of Exceptions which said Bill was signed
by the Court and is in the following words and figures to wit,
St. Louis of the peace

On Indictment, for
Larceny,

The attorney General on behalf of the United States
moved, the Court to swear, and admit James Rogers as a Witness
on this trial on the part of the United States to which the Counsel
for Defendant objected on the ground that the several goods
and Chattels and property mentioned in the indictment, to
have been stolen, was the property of the said James Rogers
and it also being admitted that he was the same James Rogers
named, in the said Indictment as having lost the said goods,
and Chattels - also that said Rogers would be untitled on Conviction
of Defendant to restitution, of said goods and Chattels mentioned
in the indictment and to the value thereof if the said goods and
Chattels should be restored, to him said Rogers , and if not
restored to him said Rogers , therein that case he would be entitled,
to two fold the value of the said goods and Chattels, the Court
over Ruled the objections of Defendant Counsel and admitted
the said Rogers to be sworn and testify as a Witness on the

said, trial to which opinion of the Court the Counsel for Defendant
excepted and tenders this Bill of exceptions and pray the
Court to sign the in testimony thereof - We have -
hereunto, set our hands, signed in open Court 7th March
1809 - the court rely, on a note in Gilberts law of Evidence
(a late Edition) in 110th .

Signed silas Bent
Bernard , Pratte

The jury after having heard the testimony and argument,
of Counsel retire, from the Bar to make up their verdict,
And afterwards on the third day of the said Term of the said
Court, the time, of the term of the court being about expire and the
jury in this not having agreed upon their verdict, the Court
ordered, them to be dishcarged, whereupon the said John Johnston
the Defendant being called and failing to appear and refusing
to be recognized on, motion of the Attorney General he is ordered
into the Custody of the Sheriff

Thursday morning the ninth of March ten O Clock
the time of holding this Court having expired the same is
adjourned till Court in Course,

Copy of a Bill of Exceptions filed on
the ninth of March by Counsel for the
Defendant.

On Indictment, for Larceny, on the ninth day
of March One thousand eight hundred and
nine between the hours, of Ten and Eleven
O Clock in the forenoon of that day the
following procedings was had before the undersigned -

St. Louis sessions, of the peace,

On indictment for
Larceny,

The attorney General on behalf of
the United States moved the court to
& ad -mit James Ragers as a witness on this trial on
the part of the United States which the counsel
for defendant objected on the ground
that the several goods and Chattels, and
property mentioned in the Indictment
to have, been stolen was the property of
the said James Rogers and it also being
admitted that he was the same person,
James Rogers named in the said Indictment
as having lost, the said, goods and
chattels - also that said Rogers would
be entitled on conviction, of defendant
to restitution, of the said goods and chattels
mentioned in the indictment and to
the value thereof if the said goods and chattles
should, be restored to him said Rogers and if not restored
to him said Rogers then in that case he,
would be untitled to two fold the value of
the said goods and chattels - the court
overruled, the objections of defendants
counel and admitted the said Rogers to
be sworn and testify as a witness on the
said trial to which opinion, of the court
the counsel for defendant excepted and
this Bill of exceptions and pray
the court to sign the same in teste

mony these of - we have here unto set our, hand
signed in open court 7th March
1809 - the court rely, on a note, in Gilbert Law
of evidence (a late edition,) in the 110 - page -

Silas ,
Bent ,

26

St. Louis Quarter Sessions,

On indictment, for larceny,
on the ninth day of
March one thousand
eight hundred and
nine between the hours, of ten and eleven
O'Clock in the fornoon of that day the
following proceding was had before the
under signed

John Johnston being
called and failing to
answer and refusing to
to be recognized on motion
“of the attorney general he is ordered into
“custody of the sheriff,” which proceeding
is entered as of the eighth day of March
of the same year on the minutes of the
said courts proceeding the counsel for
the said John Johnston excepted and objected
to the said proceeding of the said court on
the said motion of the said attorney General
on the ground that the three first
days of the said quarter session court having
expired the judges had no, jurisdiction
and can not take of the
said, case and motion to made and
prayed the court to have the said motion
entered as of the ninth day of March
aforesaid when it was in fact made
the court overrule, the objection of the
counsel of the said John Johnston and are,
of opinion that the said motion and
order stand in form and manner as
is above to which opinion of the

judges the counsel of the said John Johnston
except and tender this bill at
exceptions and pray the judges to sign
the form in, testimoney thereof -
St. Louis 9th March 1809

The court refusing to sign the within bill
of exceptions it is signed by us as by,
standers the day and year above written,

E. Hempstead ,
C.
By
C.

James Anderson ,
George Gordon,

filed 9th March
1809 26

Territory Of Louisiana , District Of St. Louis sctThe United States of America to the Sheriff of St.
District-Greeting.

You are hereby commanded to summons Joseph Bear William
James , Benjamin , Shother, George &
James
that setting aside all manner of excuse an delays They and each of them be and
and appear in proper person before the judges of our Court of Quarter session on the
first mondayJuly next at
Saint Louis , Court then there to testify and the truth to say in a certain
indictment, now pending in our said court, wherein the United
States is plaintiff and John Johnston
defendant on the part of the Defendant and have you
then there this writ.

Witness the presiding
judge of our said court at the town of St. Louis the
Tenth day of March
in the year of our Lord, one thousand eight hundred and
nine and of the Independence of the
United States the thirty third
Riddick Clerk of St.L . D .

S Louis quarter Session
July Term 1809

Executed by me
James, Brown 26

Be it remembered that John Johnston,
Edward Johnston , & George appeared before me this
subcriber one of the Judges, of the general Court
for the Territory, of Louisiana , and acknowledged
to our to the United States the sum of two
thousand Dollars the said John Johnston ,
in the sum of one thousand Dollars and the said,
Edward Johnston, and George in the
sum of five hundred dollars each, to be
of their respective, goods and Chattels,
and if be made
in the Condition following -

that, of the said John Johnston ,
be, and appear before Judge, of the
Court of Quarter Sessions, at then July
Term next, on the, first monday of
July next at the town, of St Louis , to
answer, to a Certain Indictment,
larceny, or horse stealing, and not depart,
the Court without leave, - then that,
to be - otherwise, to
remain in full force, - March 10th 1869

Taken and subscribed,
and sealed before me
one of the judges, above
named in the same day
and year as above mentioned,
John B John JohnsonEdward Johnson George his X

Recogniz aince,
of

John Johnson 26

Territory Of Louisiana District Of St. Louis sct.The United States of America to the Sheriff of St. Louis District-Greeting.

You are herby commanded to summon George ,
.
that setting aside all manner of excuse and delays they each, of them be and
and appear in proper person before the judge of our Circuit Court, of quarter sessions, on the
first monday of July next at
St. Louis , court house then and there to testify and the truth to say in a certain
indictment, now pending in our said Court, wherein United,
states is plaintiff and
defendant, on the part of the defendant, and have you
then there this writ.

Witness, presiding
judge of our said Court, at the town of St. Louis , the
eleventh day of march
in the year of our Lord, one thousand eight hundred and
nine and of the independence of the
United States the thirty third Clerk of St. L . D .C.P.

25

St Louis Quarter Sessions,
July Term 1809

Subpoena,

for
George Smirl
&
James Smirl
26

Excuted as to geo Smirl,
James Smirl, non sct

Service$ 1.33 Mileage,1.50Non est.50$ 2.33

St. Louis Sessions, of the peace

on in- -dictment, for larcency

The attorney General
on behalf of the United States moved
the court to swear, and admit James
Rogers residing with the Shawnee,
tribe, as a witness on the trial in this case
on the part of the united states to which
the Counsel, for defendant objected on
the ground that the goods,
and, Chattely and poperty mentioned
in the in indictment, to have been stolen,
was the poperty of the said James Rogers ,
and it also being, at that he was
the same, James Rogers named in the
said indictment, as having lost, the
said, goods and chatterly also, that said
Rogers would, be entitled on conviction of
defendant to restitution, of the said, goods &
chattels, mentioned in the said indictment
and to the value thereof if the said goods,
and chatterly should be restored to him said
Rogers and if not restored, to him said Rogers ,
then in that case he would he entitled to two,
fold, the value of the said of goods,
and chattels, but all the property was restored to him said Rogers ,
also because, the said James , Rogers
resides, with, the Shawnee, nation afore,,
the court,
overruled the objections of defendants counsel,
and admitted the said Rogers
to be sworn and testify as a witness
on the said trial to which opinion, of the
court the counsel, for defendant excepts
and tenders, this bill, of exceptions and
pray the court, to sign, the same in testimony
thereof - in open court,
this

third day of July 1809

Labeaume ,

filed 4th july 1809 26

St. Louis District Quarter Sessions,

on idictment, for
larceny,

1 Because, the presiding judge
misdirected, jury in this particular
that the mare which on trial
was proven, to he the property of
Louis Rogers and charged in the indictment
to be the property of
James , Rogers the jury, might find dft guilty, of
and that if the said mare
was sufficiently described in the
in indictment, it would be a bar in
law to another prosecution for the same,
offense, -

2 Because, the court, permitted
illegal and improper testimony to
go to the jury in suffering James
Rogers, Louis Rogers , - and
all indians of the Shawnee,
tribe to be sworn on the part
of the prosecution against the
said defendant,

3 it is provided, by
the act regulating the
of selecting and returning jurors,
in certain cases the of
every, and person summoned,
and returned, shall be written on
several distinct pieces, of paper with his
addition and place of abode and
being balled, up by the Clerk as near,
as may in one and the same shape,
and of equal size shall be deposited
in a ballot box, from whence they
shall be drawn, which was not done,
in this case

Easton , for Dfdt,
26
filed 4th July 1809

St Louis District Quarter Session,
of the peace

Indictment, for
Larceny,

Reason, in arrest of
Judgment

1 Because the jury did not in their verdict
find the value of the property
charged to be in the indictment
so that the court cannot,
render judgment 2, Because
it is provided by the act regulating
the manner of selecting and
returning jurors, in certain cases, the
manner of each and every person summoned,
and returned shall be written
on several and pieces, of paper,
with his addition and place of abode
and being rolled up
the clerk as near as may in and
and the same manner and of equal size
shall be deposited in a ballot box
from where they shall be drawn,
which was not done in this case

Because the defendant was
once tried, in this same court on
the same indictment, as appears
by the record

for

filed 5th july
26

Edward Young

Richard Stephenson

Alex. M.Countrey

Belew

Massey

Russell

Dangen

gregoir Saipy

Thom. Henry

Fields Pruit

William

Excused

26

M. Reddick

Will make out a copy of
the complete
record of the prosecution
of the united states against John
Johnson for larceny,

for
Deft1808
44