District of Saint Louis

Thomas Winn being duly sworn on the holy Evangelists
of almighty god deposeth and saith that he was in view
where there were one indian woman and three
Indian men which appeared to be in conversation with
each other, when one of the man (whose name I am
informed is Aske nawa the young man) struck the
woman on the right side side of the neck with a
bunch of arrows which appeared to be in a tangled
position. the woman then ran across the street
and the next thing I saw, was, the woman lying
in Mr. Beards B. Smith Shop, she was then taken
out of the shop by Mr. Beard and a couple of Indians
and laid at the end of the shop near where the
act was commited. I than waited on Doct. Farrow
while he endeavoured to give the woman some
assistance, but she in a short time expired which
I belive was occasioned from a wound in the neck
which was given at the time of the stroke with
the bunch of arrow by the above named Indian
the above mentioned Indian woman is by name (as I am informed) Othipaya Or the head

Thos Winn Jr Sworn to and subscribed
before the coroner of the
District of S Louis 27th May A.D 1811
John W . Honey

District of St Louis Sct

Charles Sanguinette being duly sworn on the
holy Evangelists of Almighty God deposeth and saith that he
the deponent this twenty seventh day of May one thousand
eight hundred and eleven saw an indian man standing
with an indain woman in the street of St. Louis opposite
the lake house of madame Robidoux that the said Indian
man appeared to be talking with the said Indian woman
that there was two other Indain men standing by them
that one of the Indains that was standings by mounted a
horse, that when he had mounted on the horse the said
Indain woman cauth hold of the bridle
the horse and walk a few steps leading the horse after
her that the indian man which had been talking with
the said indian woman walk round the house which
when the said indian woman saw she went to the
side of the house by an old Indian man. that the Indian
man who had been talkings with the said Indian woman
took an arrow (not armed) made of wood & struck
the said indian woman on the neck does not recollect
whether on the right or left side that the Indian
woman immediately run offI further saith not

Charles SanguinetSworn to before me the
Subscriber of the
District of S Louis 27th
may A.D. 1811 John W Honey

Territory of Louisiana
District of S Louis

The undersigned a jury of inquest over
The body of Othepa Ya ya (or the head) an Indian woman now lying dead in the streets of St Louis opposite the house of
Madame Roubideaux upon our oaths do present
and say that she came by her death in consequence
of a wound in the right side of the neck in or near
the jugular vein, given her by an Indian man by
the name of Aske nawa (or the young man) - and belonging
to the Mascoutah - tribe of Indians and are therefore
of opinion that said Indian woman now lying
dead was willfully murdered by said Indian
man.

Given under our hand at St Louis
this 27th May 1811

Foreman
Joseph his X mark BissonnetteNorman his X markhenry his X mark DeshuquetPierre Didier Paul his X mark Chouteau Joseph his X mark MorinBaptiste his X mark Gerar his X mark Charles SanguinetAlexander Grimo his X mark Paul his X mark GuitardHAdam WolfortWm FugateJames Baird John W . Honey coroner of St Louis district

Coroners Fees

For viewing the body of Othipa ya (or the head) -$ 3. 00Seventeen Jurors @ 50 cts - - - - - - - - -8 . 50Summoning & Qualifing three witnesses - - - - -60Constables fees& 12.10Summoning 3 Witnesses - - - - - - - - - - - -50Summoning & 18 Jurors - - - - -1.80& 2 . 30

filed27 th May 1811

District of Saint Louis Sct

Joseph Wilkenson being duly sworn on the holy Evangelists
of Almighty god deposeth and saith that he is a surgeon
and that he has emaxined the wound on the body of Othepa
Ya otherwise called the head an Indian woman now lying
dead in the street of S Louis opposite the house of mad
ame Roubidous, that that he is perfectly satisfyed that the
death of the said Othepa Ya was occasion by the said
wound that the said wound - was upon the
right side of the neck and appeared
to have been about the
in I further saith not

Sworn to and Subscribed
before me Coroner of the district of St.Louis 27th May
1811
John W Honey

Territory of Louisana
District of LouisSc The United States of America to
the constable of S Louis township
Greeting.

You are hereby commanded to summon
eighteen good and Lawful men, house holders of this
township, forthwith to appear before me a justice
of the peace a as coroner, to serve as a jury
of Inquest on a dead Body now lying in the streets
of S Louis apposite the House of Madame Roubideaux S Louis , The body supposed to be that of an Indian woman

Sworn under my hand
at St.Louis this 27th May 1811ThosJP acting as Coroner

Othipa Ya or the

Charles Sanguinett

Joseph Besonett

Norman McKinzie

Henry Des huquet

Pierre Didier

Paul Chouteau

Joseph Morine

Baptiste Gerar

Alex. Grimo Charpentier

Gigon

Paul Guitarr

Adam Wolfort

Wm Fugate

Peter Primm

Saml Soomon

James Baird

Wm Chrisly

Summoned the
above May 27 1811Alex his XBill Constable

S Louis District
Warrant

Be it rmembend that on this twenty ninth day of may in the
year of our Lord one thousand Eight hundred and eleven
personally came and appeand before me John W Honey
Coroner for the District of Saint Louis Thomas
Charles Sanguinette and Joseph Wilkinson on who acknowledged
themselves to stand in indebted unto the United Sates of
America in the sum of one hundred dollars each to be
levied of their respected goods and chattels hands
and tenements if Default be made

The condition of the above recognizance
is such that is the above named Thomas Winn Junior
Charles Sanguinette and Joseph Wilkenson shall personally
be and appear at the next court of oyer and
to be holden at the town of S Louis in and for the distritc of Saint Louis then and there to deliver and
set forth their knowledge touching the death of Othepa
Ya (or the head) and do not depart the said court
without leave thereof then this recog nizance to be
void else to he and full force and virtue
in law.

In witness whereof the said Thomas Winn
junior Chacles Sanguinette and Joseph
Wilkenson have hereunto set their hands
and sals at St Louis the day and year
above WrittenThos WinnChas SanguinetWilkenson, J signed acknowledged
before me Coroner for the
district or St. Louis day 2 year
aforesaid
John, W, Honey

Thomas Winn Junior

to

Recognisance

Filed29th May 1811

Excuted by making
proclamation a
copy of which is here
to attached

A McNair Shff

A sheriff of
of St Louis

Proclamation

Where as the honourable John B C Lucas one
of the Judges of the general court for the
territory of Louisiana has by his order
directed to the sheriff of the destrict of
Saint Louis bearing date the fourth day
of july instant ordered a court of oyer &
terminer & general jail delivery to be
holden at the court house for the distict
of Saint Louis on Monday the twelfth
day of August next ensuing, the attendant
where of he has assigned to himself for the
trial of all offences punishable with death
by the laws of this territoy and more
Especially for the trial of a certain Indian
of the mascoutah tribe named Askena
wa or the young man on a charge
made on oath of having committed
the crime of murder in the district aforesaid
on an indian woman there fore in
obediance to the law of this territory and
the requsition of the writ

Public notice is hereby given that
a court for the purposses aforesaid will
be held at the term and place aforesaid all
persons concerned are required to give there
attendance of the law directs at there paril
St louis july 8th 1811 a copy

A McNair Shff

To the sheriff of the district of St Louis

Whereas a notice under the hand and seal of
A McNiar sheriff of the District of St Louis , dated the
third of Junelast past, hath been given to me one of
the judges in and over the territory of Louisiana , by
which it appears that a certain Indian of the Macoutan
named Askena wa or the young man has been
committed in the goal of the District of St Louis
and remains and remains under the Custody of
said sheriff on a charge made upon oath of
having committed the crime of murder in said district
on a certain Indian women and in as much as I
am induced to belivethat the honorable John-
Coburnpresiding judge of thegeneral court of this
Territory is absent from the same therefore I have
assigned to my self the attendance of a court of
oyer and terminer and general jail delivery in the
district of St Louis ,, and I hereby command the
the sheriff of said district to do and perform all and
those things which the law in such case
prescribes for the holding of a court of oyer and
terminer and general jail delivery in the afore-
said district, whose sitting shall commence on
monday the twelfth of the month of August next
ensuing in Testimonywhereof I have hereunto
set my hand and seal at my Chamber in St Louis
Territory of Louisiana the fourth day of July
A.D 1811 and of the independence of the United States the the thirty sixth

John B .C. Lucas

To the Sheriff of the district of St Kiyus
in the Territory of Louisiana

you are here by commanded to summon twenty four
good and lawfull men to serve as grand jurors at a court of oyer and terminer and general gaol deli-
very, ordered to be held in the afore said district
of St Louis on the twelfth day of this present month to inquire into all offences and crimes punishable-
with death that may have been committed
in the afore said district by a certain Indian of the Mucoutan tribe named Askenawa or the young
man for which the said indian is committed
in the gaol of the said district of st Louis, and
make such presentations and do all those things
which ought to be done by a grand inquest here in fail not at your peril, and have you
then and thre this writ

In witness where of, one of the judges of the
general court general court of the Territory of Louisiana have here

set my hand and seal at my in the you
of said, the first day of august
A.D.1811 and of the independance of the states of The thirty sixth united
states of America the thirty-sixth

in obediance to the within order I have summoned
twenty four men to

Charles GratiottB B Bortheul Thomas Bready> Charles Busson Andrew Sandrevill David Deloney Gregoire Sarpy August R Chouteau Charles Sangunett Patrick Lee Peter DidierJamesAbraham Galletin William Christy Jeremiah Conner Peter Primm Rufus SmittE ToronStepheno Hempstead Horis AustinJohn A BrightJohn SkeggsAdam WoolfordJohn CA Mcman Shff

Alexander McNair Esq
Sheriff of the District of St Louis

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

You are hereby commanded to summons James Baird & Antoine Robidoux that setting aside all manner of excuse and delay they be and appear in proper
person before the judges of our Court of Oyer & Terminer on the twelvth
day of August instant next, at the town of St. Louis , then there to testify and
the truth to say in a certain matter of controversy now pending in our said court,
wherein the United States is plaintiff and Askenawa defendant, on the part of the United States and have you then there this writ.

Witness the honorable John B C Lucas Esquire pre-
sinding judge of our said court, at the town of St. Louis , the ninth day of August in the year of our
Lord, one thousand eight hundred and eleven and of
the Independence of the United States , the thirty sixth
Thos F . Riddick Clerk of St. L. D.

District of Saint Louis
Court of Oyer & Terminer
12th august 1811

The
vs

Subponea

Executed

A McNair ShffFee 66 cents

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

You are hereby commanded to summons Thomas Winn Junior & Hypolite Bolon
that setting aside all manner of excuse and delay they be and appear in proper
person before the judges of our Court of Oyer & Terminer on the twelvth
day of Augustinstantnextat the town of St. Louis , then there to testify and
the truth to say in a certain matter of controversy now pending in our said court,
wherein The United States is plaintiff and Askenawa
defendant, on the part of the United States and have you then
there this writ.

Witness the honorable John B C Lucas Esquire pre-
siding judge of our said court, at the town of St. Louis , the
ninth day of August in the year of our
Lord, one thousand eight hundred and eleven and of
the Independence of the United States , the thirty sixth Thos F. Riddick Clerk of St. L. D.

District of St Louis
Court of Oyer & Terminer
12th august 1811

The
vs
Askinawa

Subponea

Executed A McNair Shff
Fee 66 cents

Teritory Of Louisiana , District Of St. Louis sct.The United States of America , to the Sherrif of St . Louis
District-Greeting.

You are hereby commanded to summons Charles Sanguinette & Joseph Wilkenson
that setting aside all manner of excuse and delay they be and appear in proper person before the judges of our Court of oyer & Terminer- on the twelvth
- day of Augustinstantnextat the town of St. Louis , then there to testify and
the truth to say in a certain matter of controversy now pending in our said court,
wherein the United States - is plaintiff and Askenawa -
defendant, on the part of the United States - and have you then there this writ.

Witness the honorable John B C Lucas - Esquire pre-
siding judge of our said court, at the town of St. Louis , the ninth- day of August- in the year of our
one thousand eight hundred and eleven and of the Independence of the United States , the thirty sixth Thos F . Riddick Clerk of St. L. D.

District of Saint Louis
Court of Oyer & Terminer 12th august 1811-

The
vs

Subponea

Excuted

A McNair Shff
Fee 66 cents

vs

Indictment
for
murder

A True Bill

Forman

Court of Oyer and Terminer and General Jail delivery held on
the 12th of August 1811 in the Town of St Louis territory of Louisiana

The grand Jurors of the United States of America impanneled and
sworn to inquire for the body of the district of St Louis in the terrtory
of Louisiana and upon their oaths represent that Askenawa an indian
man belonging to the Mascoutan tribe, late of the distract and ter-;
ritory aforsaid, not having the fear of God before his eyes, but
being moved and reduced by the instigation of the devil on the
the twenty seventh day of May in the year of our our lord one
thousand eight hundred and eleven with force and arms in
the district and territory aforsaid in and upon one Othepaya
an Indian woman, in the peace of God and of the United States
then and there being, feloneously, wilfully and of his malice aforthought did make an assault; and that he the said Aske
nawa with a certain arrow of the value of ten cents which
he the said Askenawa in his right hand then and there
had and held, the same Othepaya in and upon the left side
of the neck in or near the Jugular vein of her the said
Othepaya , then and there feloneously, wilfully and of his malice
afor thought did strike and thrust giving to the said Othepaya
then and there with the arrow aforsaid in and upon the left
side of the neck in or near the Jugular vein of her the
said Othepaya one mortal wound of the breath of one
inch and of the depth of six inches of which said mortal
wound in the year aforsaid, in the district and territory
aforsaid, the said Othepaya did instantly die and so
the sworn aforsaid on their oaths aforsaid do present that
the said Askenawa ,the said Othepaya , in manner and
form aforsaid,feloneouslywilfully and of his malice afortho
ght
did kill and murder; Contrary to the form of the
statute in such cases made and provided and against the
peace and dignity of the United States

Tho T Crittenden atto Genl.

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

You are hereby commanded to summonsVincent Guion and Christohper Sanguinett
that setting aside all manner of excuse and delay they be and appear in proper
person before the judges of our Court of Oyer & Terminer on the twenty
sixth day of Augustinstantnext at the town of St. Louis , then there to testify and
the truth to say in a certain matter of controversy now pending in our said court,
wherein The United States is plaintiff and Askenawa
defendant, on the part of the United States and have you then
there this writ.

Witness the honorable John B C Lucas Esquire pre-
siding
judge of our said court, at the town of St. Louis , the
twenty second day of august in the year of our
Lord, one thousand eight hundred and eleven and of
the Independence of the United States , the thirty sixth Thos F Riddick Clerk of St . L. D.

St Louis Court of
Oyer & Terminer
August 1811

The
vs

Subpeona

Vinvent Guion

&

Christophe

Sanguinett

Executed

A. McNair
Sheriff
Service 66 cents

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

You are hereby commanded to summons Horrace Austin
that setting aside all manner of excuse and delay he be and appear in proper
person before the judges of our Court of Oyer & Terminer on the twenty
sixth day of Augustinstantnext at the town of St. Louis , then there to testify and
the truth to say in a certain matter of controversy now pending in our said court,
wherein The United States is plaintiff and Askenawa
defendant, on the part of the United States and have you then
there this writ.

Witness the honorable John B C Lucas Esquire pre-
siding judge of our said court, at the town of St. Louis , the
twenty second day of August in the year of our
Lord, one thousand eight hundred and eleven and of
the Independence of the United States , the thirty sixthThos S. Riddick Clerk of St. L. D.

St Louis County
Court of Oyer & Terminer
August 1811

The
vs

Subpoena

Horace Austin

Executed

A. McNair Shffservice 33

Territory of Louisiana
District of St louisss.The United States of America to the sheriff of St Louis District

We command you to summons Twenty four-
good and lawful men of your Bailiwick that they be and appear before the court of Oyer and Terminer now sitting in order that
they then servejurors for the body of the district
of St Louis at a court now holding and that they
be and appear forforthwithyou
shall execute this writ and have you then there this writ.

Witness the the hon'l John B C Lucas
presiding judge of our said court at St Louis this twenty sixth of August one
thousand eight hundred and eleven
and of our Independence the thirty sixth Thos F Riddick Clk

of the above order I do return the
following Jurors as summoned to writ

1 Charles

2 David Delanney

3 August P. Chouteau

4 Thomas Brady

5 Charles

6 Peter Didier

7 James Baird

8 Peter Primm

9 Ephraim Tamm

10 Stephen Hempstead

11 John A Bright

12

13 John C Lutty

14 Charles

15 Frederick Weber

16 Robert Armstrong

17

18 William Nelson

19 Peter

20 Fair

21 Thomas

22 Cornelius

23 John Rowser

24 Ezekiel Solomon

A McNair Shff SLD

St.Louis District
court of Oyer & Terminer

The
vs

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

We command you to Summons forty Eight
good and lawful men of your district that they be and
appear in their proper persons before the judges of our Court
of Oyer and Terminer on Monday the second day of
September next at Oclock in the forenoon of that
day then and there to serve as jurors on the trial of a
certain Bill of Indictment of the United States against
Askenawa an Indian man of the Mascoutan tribe for
the murder of Othepaya an Indian woman and
make you due return how you execute this writ and
have you then there this writ

Witness the Honbl JOhn B C Lucas Esquire presi-
ding Judge of our said Court at the town
of Saint Louis aforesaid this twenty-
seventh day of August-in the year
of our Lord one Thousand Eight
hundred and eleven and of
the Independence of the United
States the thirty sixthThos S. Riddick Clk

In obediance to the within order I have summoned
forty Eight men as follows ()

1 Risdon H . Price

2 William

3 John M , Knight.

4 John G

5 Joshua Falkner

6 William Bridger

7 Peter Chouteau Jr

8 Manuel Tison

9 Pascal Cere

10 John JOhn Sappington

11 Joseph Conaway

12 Richard Caulk

13 Joseph Wells

14 Samuel Means

15 Richard Chitwood

16 Seth Chitwood

17 James Dowlin

18 Juthan Rindle

19 Jabes Warner

20 Thomas Mason

21 John Ward

22 Andrew Kinkaid

23 Sherad G Swain

24 Mark Wideman

25 James M . Collock

26 Joseph Carlisle

27 John Chandler

28 David Birk

29 John Lewis

30 James Birnsides

31 John Longser

32 James M , Daniel

33 William Watton

34 Samuel Borrows

35 John Skeggs

36 Joseph Joseph Henderson

37 John John A

38 James Rankin

39 Hyacinth Dehetre

40 Thomas Cartmell

41 Robert A, Smith

42 Benjamin Butterfield

43 Isaac

44 Normond M, Kinsey

45 Christian Witt

46 Alexander Lucas

47 Baptist Lebeau

48 Henry

A McNair Shff

Saint Louis District
Court of Oyer & Terminer

The United States States
vs

On Saturday about ten O clock in the
forenoon the 31st of August, 1811.
I left a copy of the within Pannel of Jurors with William Sullivan the jailer to deliver to the
Askenawa.

J.W. Thompson
D.Shff

Territory of Louisiana
District of Saint Louis sct.The United States of America
to the Sheriff of Saint Louis
District greeting

We command you that you take and
attach the body of Antoine Roubidoux and have him
forthwith before the court of Oyer and Terminer
now sitting at the court house in the town
of St Louis within and for the district of Saint Louis
then and there to answer unto the said court of and
a concerning a contempt by him shown said court
in disobeying a summons duly served on him for
his appearance before the said as a witness on behalf
of the United States in a certain prosecution against
Askenawa an Indian man and have
you then there this writ

Witness the Honol. John B L Lucas
Esquire presiding judge of our said
court at the town of St Louis
said this third september one
thousand eight hundred and eleven
and of our Independence the
thirty sixth
Thos S Riddick Clk

Excuted

A McNair Shff
Fee $ 1 00

12

44

12

4854

D J Walker

15

33

45

495

4884

$4,000

Jury
Jury for
the Body of the
District of St. Louis

District of St. Louis

Wm. O. Allen and Henry M Brakenridge Counsel
for Askenawa the prisoner moved. the
Court to be permitted to be permitted now
to answer to the Indictment of which he stands
changed. Objected to by Thomas T Crittenden the
attorney general & after argument the court delivered their opinion as follows
the motion before the court is that the prisoner may be permitted to answer the indictment
He will appear from the minutes of Monday Last that the prisoner has been already ar
raiged, that he did stand mute that the plea
of not guilty has been entered; has this plea been
entered at a proper time and under all the circumstances that the Land constables
Is the point now to be ? He has been
by the counsel for the prisoner that the
law provides that the person accused and in
dicted of any capital offence shall have a
copy of the indictment and a list of the jury
two entire days at least before the trial, that
this has not been the case in the present instance
towit the prisoner had not a copy of the
indictment and a list of the jury delivered
to him two entire days before he was required
to answer to the indictment that in conse
quence of this he had a right not to answer and that no plea could legally be entered be
entered for him - the courts of Oyer and
Terminer in this district and the courts that have been called in this territory by Commissioner
of the governor in of a certain Act
of congress for the trial of Capital offences com