To wit, St. Louis Aug. 14. 1816
Missouri Territory,

Be it remembered, that on the Nineteenth
day of August, One thousand, eight hundred and Sixteen James ,
Fernon , John Connolly , and Samuel 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 Fernon , John Connolly , and Samuel B Smith ,

Witness,
Signed,
John Connolly , Sam, B . Smith , James Fernon ,

the original whereof was lodged, by marked consent, with
one John Wright, of Saint 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 Louis a or permit,
so made with the Indians, on the waters of the Mississippi ,
River and the and prepared for their,
expidition, that your orator was, then sick, of a
complaint and James Fernon 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 Fernon & Manson, that the said Connolly ,
your orator, as agent for Fernon , : embarked with,

To the Honorable the Judges of the Superior Court , of the
Territory, of Missouri sitting, as a Court, of
Humbly, complaining your Honor,, your
orator Samuel , B . Smith , of the town, and county, of Saint ,
Louis and Territory, of Missouri that, on the nineteenth day
of August in the year one thousand eight and sixteen
at the town, and county, of Saint Louis aforesaid a certain,
conversation was, had and moved, by and between, a certain,
John Connolly , and James Fernon , 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
Mississippi , 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 Francois Lebalke,.-

And your orator furhter states, that they proceeded up,
the said River Mississippi , 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 Connolly , and your orator,, that said Connolly ,
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 Fernon , 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
Mississippi 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 Connolly , 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 Connolly 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 Connolly as aforesaid,, he made preparations to join the said Connolly and the Mississippi , 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 Connolly 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 Saint Louis by after, a further, supply of gun, Powder.

And your orator further states, that his partner Connolly then there gave him an order on Mr Thomas Hanly , of Saint 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 Connolly , 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 Connolly , 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 Fernon & 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 Ephraim , 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 Saint 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 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,
Connolly 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 Saint Louis and with Manson embarked in,
the boat fo, Saint Louis and arrived, safely sometime,
the beginning of May, and stored their, said goods, skins, furs,
and at Ralph Davis's in, the said town, of Saint Louis
&, that Fernon was then, at Saint 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 Connolly , 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 Saint , Louis , to assort, and count,
the same, and to receive, payment therefor from, the said Ephraim Tour, for the said company but before, the said skins furs and,
were then assorted & counted and finally delivered to,
said Ephraim 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 Fernon ,
and Connolly 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 Fernon & John 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 Fernon , and
John 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 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 Connolly , & Manson, with the Indian Indian interpreters, & hands. did not ascend the Mississippi , river, in the said keel boat, on the said trading voyage. if, so where did they first stop: and why: where did the said Connolly 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 Prairie de chirn and prevented by the ice from going on-

8.-Whether or not the said Connolly 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 Connolly send, to your orator for. and why.

9.-Whether or not your orator carried, gun powder to said Connolly at Joway River, and how much: and why: did any person go to Saint 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 if
not 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 Connolly 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 Connolly & the said Manson were embarked on a boat, the
said, boat after, the return of Manson, from
did Connolly , your orator & Manson come over, in the said boat,
if said boat & Cargo arrived safely at Saint 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 Smith ,

Territory, of Missouri Town, of Saint Louis ss.

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

and James Fernon & John 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 Smith ,
Sworn, to & subscribed this,
30th day of May 1817
Y.

No. 56

september 1817

Bill for to of

May 30, 1817 Discontinued- 52

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

Charles 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 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 Louis , to take the depositions,
or affidavits of witnesses, to be, read before the Honorable Silas ,
Bent Esquire, in opposition, to your application pending before
him for a of and ne Great-

June 6th 1817yours James Fernon , John Connolly ,

County of St Louis ,ss.

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

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

Ephraim Tour, being also duly sworn, on his oath saith that he
was one of the to arbitrate between Samuel B Smith ,
James Fernon and John 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 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
Smith called him the depondent, aside told him that the said Connolly , 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 Smith could not abide by their

Territory, of Missouri ,ss.

Sedgwick Marble being duly sworn, on his
oath saith, that he did, on tuesday or wednesday last, in a conversation, with James Fernon , the said James Fernon stated, to him that on Sunday, then next, he the said James 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 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 Fernon , & John Connolly ,

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 Saint , Louis
I shall take affidavit, to be read before the,
Honorable Silas Bent , on the application,
pending before, him for a writ, of
and

yours June 6.1817 Sam B Smith ,

County of St. Louis ss.

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

On Bill filed in, the office, of the
clerk, of the Superior court, of the
Territory, of Missouri Northern Circuit,
and for an application to, the Hon,
Silas , Bent one of the Judges, of the

Samuel , B Smith 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 Fernon told, him a few, days ago
that, he intended to leave, this for Philadelphia in a few,
days, ; - that Connolly , 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 Saint , Louis . 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 Smith , Sworn to & subscribed this,
6th day of june 1817 before,

St Louis May 28th. 1817

It appearing to us the undersigned arbitrators, appointed
to settle the dispute existing between Fernon Connolly,,
and Smith 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 Fernon , and Smith
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 Fernon ,
shall be charged and held indebted to the firm
of Fernon, Connolly,, and Smith in the just, &
full sum of Eight hundred and eighty eight
dollars 16cts and Smith 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 scottE. Town

Ephraim , 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 Connolly and James 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 Smith , in the office of the Clerk of the Court
a Bond with approved security, (I do approve of
and Ephraim , Tour of St , Louis for said security,) in the final,
sum of two hundred and forty dollars to account, for any damage,
that may arise, to the Defendants Connolly , and Fernon , in conveyance,
of the Issuing, of this writ of against them-

Come, at my near, near St. Louis June 7th 1817. Silas 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 Smith , by

Territory of Missouri
County of St , Louis ss.

Samuel , B Smith , being duly sworn, on his
oath saith, that the partnership, between him and James
Fernon , and John Connolly , the said

Territory of Missouri Northern, circuitss.
The United States of America to James Fernon , and John 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 , court of our Territory of Missouri at, said Superior , 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 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 Smith , then there to be exhibited against, them, and
to said to abide, and perform, the decree, of the said Superior , court in the and of this, they are
not to fail at their peril, and our sheriff of our county 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 Honourable Alexander Stuart Esquire presiding Judge, of our said
Court at St 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 Louis ,june 20th 1817

Service, 1.20

no. 2 In Chancery Northern Circuit,
September Term 1814

Subpoena,

for

answer,

filed,september 10th 1817

The joint and several answer, of James Fernon , and John
Connolly , defendants to a Bill of complaint exhibited,
against them by Samuel B. Smith complainant and in the
Superior court for the territory of Missouri , 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 Mississippi , 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 Pittsburgh , 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 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 Prairie , 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 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 Fernon , that
the said Manson, mentioned in the complainants,
Bill should go up the river in the place and stead
of this defendant James 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 Thomas Hanley,, Moses ,
Scott and Ephraim 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 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 Fernon , 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 Louis caused, to be removed
from davis where they were first stored by James Fernon ,
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 Pittsburgh , 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 Connolly , 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 Connolly ,
admits that he wrote, to the complainant at Prairie ,
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 Prairie , du Chien ,, 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 Connolly , 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 Connolly 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 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 Prairie du,
Chien , 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 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 Connolly Traded with the Indians at the mouth of the river and that the amount
and 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 wrongfully
sustained.

Carr
for Defendants

Territory of Missouri
ss.

James John Connelly being duly
Sworn on their oaths do say that the matters of fact stated in the foregoing
answer to the Bill of complaint of Samuel 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 Fernon Sworn to & Subscribed this
10th day of September 1817before me

Invoice of Goods Purchased 1816
Julyand Aug. 28 37%27300Do 120 1/2 3%13182 6/12 shawls $205000 8/12 shawls $151000shawls 12.001800shawls 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 252259 1/2 small glasses755 yards narrow ribbon 703503 yrds 7522510 yrds ribbon 40040002 yrds ribbon 2254507 yrds ribbon 25017507 Butcher knives 302101 1/2 doz pen knives 50041 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 3/4check 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 Bolsters4007 knives 4 forks and 6 plates3753 yrs Scotch 1 bread160remnants,,83150 cotton balls 34503/4 ,,66Sugar Bowl and Cannister1004 Trunk Locks1003 paper ,,755 yrds Linen 502503 yrds Coarse Linen100 752252 Rose Blankets 3006001 Rose Blanket250 30021001 1253 Trunks 2006001 additional 1084140000Do 4372625021 Blue cloth 30063009 prs and 2 yrds Blue4550Binding 125602 1/2 Sup Do 2005002 11 oz Bread Knives 1653303 Butchers8034/12 white Bone 15020 1663333 from 735 lbs11 cts8085

16 prs 12802 do do 125250H do do 1375501 1/2 5007506 doz ginger rings 754501 1/2 Brass thimbles600carriageon 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 20054003gun Locks 2256755gun locks 20010001 1/2 doz butcher knives 2003001 dozen large knives 312 1/26001 7/12 white Bone 3004753 dozen looking glasses53 1/41/2 Do8 1/21 166 yrds course cloth 11274256 1/3 doz blue handkerchief 40025333 doz green shawls 5001500$2699.13

amount up$2699.131000 100020 packs playing cards6666 prsBinding200300651/2 Domestic 402620153 lbs tobacco 304590128 lbs tobacco 1924323 boxes cigars 400012001 file50Add 15 percent on 483.09 on Philad price72.4556 1/4Calico 28157557Calico 25142556Calico 35196056Calico 3016.80281/2 Calico 3085528 Calico 3598069 Calico 3 258 1/2480 gun 14801/2 gun snuff boxes66 1/24 Blk handkerchiefs 1506002 doz butcher knives 210420 12006001 1/2 4510 25pencils 25 cts ink powder 25502 lbs pepper 8 1/21 doz nutmeg 100 15 percent on 13654philad price264 1/226 1/2 vermilion 32586524 lbs of tobacco 22115283 lbs China vermilion $5150018 lbs 236002 1/2 yellow Binding 2095.243/4 thimble140

2 1/2 doz knives 300750andcarriage on knives20331 knives 3701162725 lbs powder 60150036 1/2 galls Gin 125456267 1/2 whiskey6750 of 11253900Bill for knives5908Boat per receipt170003 beaver traps1950repairing guns2751 doz scrapers60013 to 173524502 guns from200012guns and bill 9501140019 lbs tobacco 30570128 lbs Coffee 5064005 104002 rifles330013 1/2 lbs of cordage 251751 handsaw 450 1 square 755.251 file 37c 1 pr compasses 37.752 50 3787100cash advancedLaBatte (interpretr)2000cash advancedfor sundry uses200 1 pr trousers400B. O'Fallon for 8 1/2 53162550 lbs powder of Bill25001 500Blacksmith's Bill11623 barrels pork 25 7500Dryed BeefBennet650amt forward433114

Brought forward -433114cost to Joseph Peppin2500looking glasses -3.7510.0020 25 5.00cash pd Michl Fink10.00sugar58.50pd the Baker -12.00 Brady and McKnights for salt16.00pdfor caulking15.7541 Barrel salt8.00pd John Arrey for rigging5.00cash pd sundry charges 29 Aug. 7 Bill17.37Blacksmith's Bill12.00to James Leary5.00pd for castings46.4641.40amt of -418.05pd Fink6.057.845.7529.004.37pd Leary1.001.75deduct error 2.25509180goods pd Saml B Smith 50895544 1/4 2.2599.56 -3.00Butcher knives and6.00pd cash for boat expenses11.00hats72.00candleandfishing hooks -2.4314 Galls of whiskey -14.0033socks and mittens -20.6202 blank books1.50

4 Bed cords2.50Whiskey.75172 doz3 square files3.001 flat6.00postage at St. Louis 3.50nails1.00$5336.47

Invoice of merchandise
Purchased for
Connoley
july and aug 1816

Exhibit (n:s) of Defes

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

Account of sales of goods
remaining on hands

Exhibit No. 2 ofDeft

filedSeptember 10th 1817J.C. Garnier S.C.N.C.

On acct sales of goods remaining on hands
the property of Connolly& Smith
sold at St Louis September 1817 by John Connolly Sold Mr Thos Hanly recd 90 days62 damaged 2 1/2 & 3 Blankets 754650 125112571 1/2 yrds damaged 10071504 3/4 8 1/2415 1/28 yrdscloth 1129004 3/4 yrdscoarse 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 Swansdown7560 madras & other handkerchiefs 19114015 small madras handkerchiefs 5,,755 collar flag handkerchiefs 3718765 handkerchiefs 2013007shawls 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 1/2remnants of ribbons9501 1/2 doz looking glasses75

Sales continued amt forward324.372 Large and 4 Small files (damaged)75A lot of thread2.00105 1/2lbs of tobacco (damaged) 88447 lbs of 10070060 lbs powder 5030002 doz gun screws 751502 tinsnuff boxes 2550A lot of needles - - - - - - - -100810 - - - - - - - 7560056 Tin cups350pans and cooking utensils -37512 lbs shot 810020 lbslead balls 51003 old 331001 broken 1505 scrapers 371876 Hoes 754503 old axes - - - -325cooking utensils30040 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 knives2002 saddles19001 cannister,,501 old -50010 lbs hot metal500$49158

Auction Sales at auction for cash by F F Reddick17 3/12 doz Butcher Knives 376478 5/12 knives 1129462 1/2 tobacco knives 25,,6272 scrapers 43 2/4,,8 1/29Barlow knives 12 1/21277 pruning knives 3121715 pair scissors 253758 pairsbinding 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 blankets32503 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 BlueIndia handkfs 25400 10 1/2 yrdscotton 38398$18824

Auction Sales Continuedamount forward188246 shawls 87 5259 cotton flags 373375 madras handkfs 10508 3/4 calico handkfs 302628 gun locks 12510002 rifle guns 92518502shot 65013004 yrds cloth 1255001 saddle 13.25 11.50 & 9.503425$ 280.74 for commr & c 14.03repairs to guns locks and rifles 10.50nett proceeds of auction sales25621private sale for cash3004 pr shoes 753001 rifle1500a parcel of old plank10.00320 yds of calico 2580.00$ 111—amount of first sales 491.58second sales 256.21 1/2third sales 111.00$ 858.79 1/2

Sales of Furs for of
Fernan Connolly and Smith and James FermontJno ConnollyCash Ephraim Town lbs feathers 503650Mr D Freeman an 188 1/2 5089425J.B. Bollan 27 1/4 501362P.M. Dillan 100 lbs sugar1250P.M. Cottle 50 lbs feathers 502500P.M. Cottle 1 lb100Tenny 20 lbs sugar 20400 to Clements 60 1/2 & 38 1/2 99 201980Mr. Bean Raccoons 45.57336Mr. Bean 500 M R 20.10000 Mr. Bean 7 lb. Beaver 300.21.00Mr. Bean 8 deer 50400Mr. 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.

filedSeptember 10th 1814J.L. Parmer

Cash advanced of Fernon and Connolly
for account Fernon C and Smith cash to Henry Naddle Ba of wages19614cash to G. L. Bond 17525 1/2cash to R. Hunter902 1/2cash paid Lucien to receipt5133whiskey 204 galls20400provider of bill7800 & of 1200 of 356To Charles Pick for 1 rifle & other charges3250Paid for flour2000porkatRock Island360089901

4331. 14

Cash Advanced
of Fernair and Co

Exhibit(n:4) of Defts

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

August 22 1817
Saml B Smith
To Fernon and Connoly Dr.To 1816 amt of yr. note dated August20 1816 with interest to this date 223 10/100226446To cost of an1025 of 1100 & of 8170To of in3000$359390

S. B. Smiths private
with
Fernon and Connolly

Exhibit (No.5) of Defts

filedSeptember 10th 1817J.C. Parmer Atty S.C.N.C.

Dr Saml B. Smith To Fernan Connorlly and Smith 1816 Augt 20To 3 yds thick a 55165 se 125 & 501751621 pr Shoes150 cigars, socks and mitts3001 snuff box3123 1/2 yrds yellow flannel2182 porter1503/4 yrds swansdown thread8 yrds yellow flannel1 1/2 yrds yellow flannel1 1/2 yrdsshearling3/4 yrdsdomestic1 1/2 yrdsred flannel7 1/2 yrds domestic6 yrdswide ribbon1 9 6 yrdsCalico1 hat1 1/2shrouding6 yrds calicocash1 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 3Balance amount
to amount paid out of
the company goods toBalance due

Samul B. Smith
in

Exhibit (No. 6) of Defts

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

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

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

1816 Dr. John Connolly in with Fernon Connolly and Smith Co.To 15 yrds 558.25Sept By cash for 3 5.83Cash recovered of Joseph Pepin25.00 By cash paid sundries11.76 at 1.65By Balance on this109.073 knives1.251 14.622 prsshoes3.00Tobacco1.501 prpantaloon3.002 packsplaying cards2.00cigars4.50sundries3.50cash15.85To sundries18.31To sundries06.68To cash from Indians15.00To cash from Mr Miara2.50126.65126.65To the account balance$ 109.07126.65

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

7 handkerchiefs2 pieces Indian stripe5 yrdscloth151 yrdsCalico22 Blue muslin4 3/4stranding (damaged)24 domestie19 cotton shawls4 4/12 madras and other16 Blankets6 yrdsshawls6 yrdsBlue cloth7 yrdsdamaged flannel17 prsscissorsthimbles (a small lot) of flannela fewsnuff boxes say 6 of paperBeads two pounds6 pieces of bindingsremnants of ribbons2 gun locks1 doz small knives1 beaver trap 2 rat traps6 Shot guns (Out of repair)1 rifle5 saddles800 flints24 1/2 lbs damaged tobaccoverdigris 5 lbsPowder 10 lbs

A List of Goods returned to Saml B. Smith
and John Manson (Fernons agent) to Saint Louis
from 2/3 of capital of Fernon Connolly and Smith

71 1/2 Stranding8 cloth4 3/4 coarse cloth36 Inferior cloth (partially damaged)19 3/4 grey coating 16 3 pt blankets32 damaged34 damaged 2 1/2 pts16 perfect pts2 Cashmere4 prs Shoes412 1/2 yrds (Calico partially damaged 23 domestie20 1/2 white muslin2 1/2 Gingham87 Blue muslin43 yrds India Siripe1 yard Swansdown51 madras handkrfs20 small packet handkrfs14 Cotton flags38 handkrfs and shawls13 large handkrfs and shawls50 Blue India handkerchiefs10 1/2 lbs vermilion4 doz knives2 doz 1 7/12 scissors4 yrds narrow and wide Binding 5 Common snuffBoxesa 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 narrowbinding6 gun locks out of repair4 snuff boxes2 no7 common knivesa lot of needles8 hundred gun flints12 1/2 doz wooden handle knives7 3/12 Bone handle knives22 tobacco knives56 tin cups (partially damaged)3 large tin pairs3 small3 pewter basons12 lbs shot20 lbs lead Balls3 old augers1 hand saw5 scrapers7 rat traps6 hoes2 old axes7 pieces pot metal40 lbs of leada parcel of old plank2 broken beaver traps5 shot guns (out of repair)3 rifles

A list of furs pelfry for by
Saml B . Smith and Jno Manson Fernons agent
for of Fernon C. and Smith

215 3/4 lbs of feathers 5010787100 lbs of sugar 12 1/2125638 lbs of bees wax 207603 lbs raccoon skins 45907 lbs of Beaver 3002100216 of deer skins 15324012 Bear 200240016 otters 20032006 cats and wolf skins 12 1/275500 muskrat6250287 muskrat 6172248084

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

filedSeptember 10th 1814J.C. Parmer atty S.C.N.C.

St Louis 28th May 1817

It appearing to us the undersigned arbitrators
appointed to settle in disputes existing between Fernan Connolly
and Smith , 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 Smith , 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 Connolly and Smith with the full sumof eight hundred & eighty eight
dollars 16 cts and Smith 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 Smith
ExhibitNo.10 of Defts

September 10th 1817
J.C. Parmer atty S.C.N.C

St Louis May 28th 1817

It appearing to us the undersigned arbitration
appointed to settle the dispute existing between
FernonConnolly & 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 Fernon and Smith 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 Fernon shall
be charged and held indebted to the firm
of Fernon Connolly and Smith 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

Ephraim 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 examinationof the mattersaforesaid, 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
theforenoon at twelve oClock at noon
of the same day before at my officeoffice
J.C. Parmer

2.88 3/4

To wit St Louis Augt 19th 1816
Missouri Territory

Be it remembered that on the
nineteenth day of August one thousand eight
hundred and sixteen James Ternon, John
Connolly and Samuel Smith have respec
tively contributed in equal sums towards
a voyage up the Mississippi 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 Fernon John Connolly and
Saml B. Smith

Signed John Connolly
Saml B . Smith
Jas Fernon
witness
John
Henry Waddle

Agreement between
James Fernon , John Connolly
and Samuel B Smith

Exhibit A

Invoice of goods purchased by Fernon Con-
nolly and Smith July and August 1806

26 psCalico 3/122730026 ps Calico26/12 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 madrashandkerchiefsand flags 8. 00526626 yrdsflannel 65169046 yrds yellow flannel287596 1/2 yrds Domestie 40286044 pr scissors 50220025 pr scissors 27/2 72 doz small7557 yrdsnarrow ribbon 70350 7522510 yrdsribbon 4. 0046.002 yrdsribbon 2. 254.507 yrdsribbon 2. 5017507butchers 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 yrdsswan down 1 - 25521 yrd Cloth 2. 004300 250. $12. 5020313 55 90Domestie 4020113 3/4 Domestie white42654 prsscissors150$100051

Amount brought forward -100051Hatchet 125 Tea Kettle 300 -4.251lot of needles ,, ,, ,,2001frying pan ,, ,, ,,1755 prcoarse pantaloons -15001bed and 2 bolsters4007knives 4 forks and 4 plates "3753 quires thread ,,160Remnants83 150 cottonballs66sugar bowl and cannister -1004 Trunk Locks1003 paper755 yrd Linen 502503 yrdLinen coarse -1003 Brass Locks -2252 Rose Blankets - 3. 006001 Rose Blanket -2507 3 - 3. 00 -21001 -1253 trunks -2.000010 percent additional on the above
amount $1084 - 10 -41 80 25.00 -40000 - 4. 372625021 yrds Blue cloth ,, - 3. 0063009 Blue muslin ,, -45508 1/2 binding ,, - 1. 251029 - 2. 005002 dozBread Knives - ,, - 1. 65330 - ,, -8034/12 White - ,, - 1. 50 -5020 doz Green 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 dozlooking glasses 531 1/41/2 doz looking glasses87 1/21 dozsnuff boxes137 1/246 yrdscoarse cloth 112 1/274256 1/3 doz blue 4002533 Green shawl 5001500forward$269913

Amount forward269913100 flints100020 packs playing cards6666 ps Binding2006 Buck handle knives30065 yrds domestie 402620153 tobacco 304590128 tobacco 1924323 boxes sugar 40012001 file50Add 15 percent on Philadelphia $483.09724556 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 Philadelphia 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 Jackson 1125Flour 3900Amt of for knives5908Boat 170003 Beaver traps1950Repairing 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 horses400B 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 1/2Cash to Joseph Peppin2500Looking Glasses375Manson for Blook and 100020th 25500Cash pd Michl Fink 10.00Sugar pd5850pd the baker12.00 Brady and McKnight for salt16.00Pd Somersfor Caulking15.751 Barrel Salt8.00PdJohn Airly for rigging500Cash pd sundry charges 17.37Blacksmiths bill 1200 James Leary pd5.00pd castings46.46pd for 41.40Amt of shroudings pd 418.05pd trunk6.00 and with 2.8/3Pd board for 5.75Wages to 29.004.3/3pd Leary1.00pd John Airey1.75Balance of Beef.65091.80Deduct Error2.255089.55

Goods pdJ. B . Smith
Amt forward

Amt brot forward5089554476 yrds shrouds 2259956Beads300Butcher knives and snuff boxes600pd for 1100Hats7200Candle wick and fishing hooks200 14 Gallons Whisky1410033 prsocks and mittens102 blank books1504 bed cords250Whiskey to Hanly751 1/2 doz 3 square files3001doz flat square files600Postage at St. Louis 3508 nails1.00$5336=47

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

Exhibit C

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

7 Handkerchiefs2 prsIndian stripe5 cloth151 Calico22 Blue muslin4 3/4 shrouding/ damaged/24 domestie19 cotton shawls4 4/12 madras of other shawls16 blankets6 shawls6 blue cloth7 yrdsdamaged flannel17 prthimbles (/reminant of flannelA few snuff boxes, of papertwo pounds of beads6bindings in remnantsremnants of ribbon2 Gun Locks1 dozknives1 Beaver and rat trap,6 Short guns 1 out of repair/1 rifle5 saddle800 flints2472th Damaged tobaccoverdigrisPowder A few cooking utensils3 pewter bowls1 pr5 8/12 Butcher knives2 scrapers1 brass and 1 his 1 4 prpot metal1 Leather lodge

A list of furs and peltries
purchased by John Connolly for all of
Fernon J Connolly and Smith

123 lbsFeathers 50615020 lbssugar 204.0060 lbsbees wax 2012.10912 Raccoon skins 45410.402685 Muskrat 12/2333.500 Muskrat 20100.00936 Muskrat 656.1611 Bear skins 200220018 Otter skins3.0024 Cat and Wolf skins3.00200 to 1530.001 Robe of Wolfs30.30&1068 =78 1/2

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

A list of Goods returned by Saml B. Smith
and John Manson (Fernons agent) to St Louis
from 2/3 of capital of Fernon, Connollyand Smith

71 1/2 yrd shrouding8 mixed cloth4 3/4 course cloth36 inferior cloth(partially damaged)19 3/4 grey coating16 3 blankets32 damaged34 damaged 16 perfect 2scarlet4prshoes412 1/2 yrds Calico partially damaged23domestie20 yrdswhite muslin2 1/2Gingham87 Blue muslin43 yrdsIndia stripe170Swans down51madra20 small pocket14 cotton flags58 handkerchiefs and shawls13 large handkerchiefs and shawls50 Blue India 20 1/2 lbvermilion4 dozknives2 dozBarlow1 7/12cigars4 and 2 wide 5 common snuff boxesA lot of ribbons1 1/12 dozlooking glasses1/2 dozlarge and 5 small files filesA lot of thread and Tobacco damaged11 lbs verdigris50 lbs powder2 doz gun screws12 narrow binding6gun locks out of repair4 snuff boxes2 tinsnuff boxes

Account Continued7 Common knivesA Lot of needles800 Gun flints12 1/2 dozen Wood handled knives7 3/12 Bone handled knives22 Tobacco knives56 Tin cups (partially damaged),3 Large tin pans his 3 Small tin pans3 pewter basins12 shot20 lead balls3 old augers1 handsaw5 scrapers7 Rat traps6 Hoes2 old axes7 pot metal40 leadAparcel of old planks2 broken beaver traps5 shot guns out of repair3 rifles

A List of furs and peltry and traded for by
Saml B . Smith and John Manson Fernons agent for a/c
of Fernon C. and Smith

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

ExhibitF

Cash advanced for J Fernon and Connolly for a/c
Fernon, Connolly and Smith

Cashto Henry -196.14Cash to G. J. Wood -175.257Cash to R Hunter -90.524Cash pd Lucien preceipt -51.33 Whiskey 204 Gallons - 100 -204.00powder pr bill -78.00Hauling and storage of merchandise12.00costs of suit against Papin -3.56for 1 rifel and other charges -32.50pd for flour -20.00pork at Rock Island -36.00$ 899.077 1/2

Cash advanced by Fernon and Connolly

Exhibit H

August 22nd 1817 Saml B . Smith

To Fernon and Connolly

To amount of your note dated August
twenieth 1816 with interest to the date $223=10226=44Paid you P Freeman -10.25Pd you P Fernon -11.00To cash and merchandise from T. Hanley81.70To cash fromGarnier -30.00$ 359.39

J. B.Smith's private
a/c with
Fernon and Connolly

Exhibit II

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

Saml B. Smith
To Fernon Connolly and Smith 1816
Augt 20th to check 55165Cigars and 125 50175Cigars and cash 125162 1/2Octr 1 1 pr shoes 125150Cigars300socksand mitts312 1 Snuff Box,,803 1/2 yrdsYellow Flannel2182 Gallons porter1503/4 yrds Swansdown 125,,93 3/4thread 125258 yds(Yellow flannel) 655201 1/2 Yellow flannel 62,,931 1/2 shrouding 22533/4 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 1/22251 Hat4001 1/2 shrouding 22533 1 37 1/26 ydsCalico 50300Cash12 1/21 1/4 cloth2501/2 domestie201 hat pr E. Town1000185muskratsold by you to Whiteford3700Cash fromFreeman10001 saw and some sold byyou to Hanley8.00114 72 1/2By 12pr shoes at 1/50 $18.00 cash at postage-21.0093.72 1/2To amt pd out of company goods to H. Waddle 30.00 Balance due$123.72

Saml . B Smith
in a/c with
Fernon Connolly and Smith
Exhibit R

$123.72P

Between J B Smith plaintiff
James Fernon and John Connelly
Defendants

In the Superior Court
In Chancery The replication of S B Smith complainants to the
answer of James Fernon & 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 McGirk solicitor for
complaint

Received a copy January 19th 1818-

Nell. C. Carr
Solicitor for Defs

Replication
to answer in
chancery

filed January 19th 1818
J.C. Palmer
cls

Territory Of Missouri ,
Northern Circuit.ss.The United States of America to John
J Henry 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. Louis , on the twenty nineth
day of Marchnext 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 Smith - and Fernon
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 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 secondJ.C Parmer Atty

Executed

Thompson Service 66

In ChanceryMarch
Term 1818

28th MarchJohn Manson Henry Waddle

Territory Of Missouri , Northern Circuit,ss.The United States of America to John Manson
and Henry 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. 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 Smith is complainant and Fernon 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 B C Lucas 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 thirdJ.C. Parmer atty

Executed

Thompson Shrff
Service 66 cts

In Chancery Northern Circuit
August Term 1818

29th August
John Manson
Henry Waddle

Know all men by these presents that the John Connelly as
and Thomas Hanley and Baronet Varques or all of the Town of St. Louis
in the Territory of Missouri , are held and firmly bound unto Saml B
Smith in the sum of five thousand dollars lawful money of the United States
to be paid to the said Samuel 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 Stuart one of the judges of the superior court of the
Territory of Missouri sitting as a court of chancery, in and for the northern
circuit , an over for an injunction to stay proceedings where
a certainrendered in the circuit court of the county of St Louis
against him the said John Connolly and a certain James Fernon
in favor of the above named Samuel B Smith , now the condition of the
above obligations such that if the above bounder John Connolly and James
Fernon shall pay all money and costs due or to be due to the said Samuel B Smith and also, such costs and damages as shall be awarded against them
where the injunction aforsaid shall be disputedThen this obligation
to be to be and remain in full force and virtue.

John Connolly


J.C. Parmer

injunction

Billfor an injunction

Therebyacceptno other on
behalf of def offorinformation

M McGirk atty

(1)To the Honourable Superior Court of the Territory of Missouri
Sittingas a court of Equity for the northern circuit at St Louis

Humbly complaining unto your Honors shew your orators John
Connelly and James Fernon of the Town of St. Louis in the Territory of Missouri - 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 Smith of the said Town of St. Louis of and concerning an expedition up the river Miss-
issippi and its tribuitary watersto be by your said orators the said Samuel 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. 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 Louis together with the
said Samuel 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 Mississippi
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. Smith executed his promissory note for to yourorators payable

it being executed for so much as said Smith had failed to contribute of his equalproportion of the outfit as by the agreement he was to do, a copy of which said note is herewith filed
marked ExhibitNo 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 oratorsfurther 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. Smith had executed his promissory note aforesaid
to indemnify your orators for the amount they had furnishedover 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 oratorsstate that alicense
was obtained from the proper authorities by said company permitting them to trade on
the Mississippi and its tributary waters-and that James Fernon one of your orators, having with
the permission of your orator John Connelly and said Smith declined accompanying
said expedition in person did with the consent of said Smith 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 in transacting the business of said company. the terms
of which hiring were well known to said Smith and were that the said Manson
was to have one half of the profits accruing to said Fernon as a partner from said expedition.
Your Orators state that having embarked on said expedition, your orator Connelly and
the said Smith 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 agreementwith said Smith 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 Smith and
Manson with the rest of the hands and equipment were to ascend the Mississippi 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 Smith 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
Smith 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 Smith and Manson had ascended the river only as high as the Prairie
du Chien , and that they were doing very little business wrote to said Smith to bring his goods yet
unsold which the said Smith 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 Smith 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
Smith then expressed a wish to come down to St Louis for more gun powder and notwithstanding
many objections urged by your orator Connelly, to his doing so - the said Smith persisted in his
intention, that your orator Connelly finding it in vain to oppose his inclination gave him an order
on Thomas Hanly of St Louis for a quantity of powder that said Smith then left your orator Connelly
for St Louis and on his return from St 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. Louis and stored the same in the cellar of Ralph
Davis in the town of St. Louis - Your Oratorschargethat a considerable quantity of the goods that were
in the possession of said Manson & Smith 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 Smith 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 Smith and Manson
the latter of whom they are informed was controlled by said Smith 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 Smith 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. Louis contrived secretly
and without the consent or knowledge of your orators to cause the said peltries and furs
sold the same to one Ephraim 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 Smith 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 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
Smith 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 Smith to settle the partnership
accounts, that the said Smith 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 Smith the matters in controversy between said Smith and your Orators were referred to
Thomas Hanly , Ephraim Towns and Moses 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 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. 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 Smith 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 Smith and Fernon
had not accounted for and that each of them Smith and your Orator Fernon should standcharged 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 Smith , 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 Missouri as a court of Equity at St. 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 Smith 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 Smith 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 dollarscents 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 Smith and your Orator
2408.41 1/2 1775.32
Fernon 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 Smith 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 Smith 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 Smith 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 Smith 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 Smith 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 Smith 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 Smith
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 Smith
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 Smith 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 Smith 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 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 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 . 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 and oppress your orators in the he the
said Smith 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 Smith 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 Smith 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 Smith in the affairs of said company that
he unnecessarily wasted his time & travelling at the companysexpense
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 Smith 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 Smith 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 Smith and again sometimes the said Smith 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 Smith 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. 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 Missouri sitting as such, where matters of this nature are
properly and relievable- To the end therefore that the said Samuel 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 Smith & 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 Smith 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 Smith are
not correct, and if not what should they be and what Items ought and what
ought not be charged thereof against said Smith ?

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 Smith to comply with the award upon the request of your orators ?

8th Whether the said Smith 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 Smith & 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 Smith 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 Smith 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. Smith his attorney's
counsellors agents and all concerned, and to the sheriff of the county of St . Louis
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. 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 Missouri 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 Hanly & 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. Smith of the Territory
of Missouri and County of St Louis , the defendant
to the bill of complainant of James Fernon and John
Connelly

The defendant Samuel B. Smith saving
and reserving to himselfand 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 Fernon 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 Smith give
them or either of them the said Fernon 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 actionof
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
Fernon and Connelly may be dismissed. Samuel 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

Fernon F. Connelly

Filed April 28th
1819
J.C. Parmer Atty

filedApril 28th 1819
JC Parmer Atty

The demurrer of Samuel B. Smith of the
Territory of Missouri and county of St Louis to
all and every part of the complainants
bill of complaint execpt that part
by the said Samuel already answered to

The said Samuel 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 Girk atty
for deft

Territory of Missouri
Nothern Circuit Ss. the United States of America to Samuel B. 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. 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 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. 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 Bent Esquire presiding judge of our said court
at St. 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. Louis
Township

John K Walker
D. shff

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

No2

filed April 26th 1819 J.G. Parmer atty.

Superior court In chancery

Robert maketh oath and saith that he was therefore by the plaintiff Fernon and and Connolly as their attorney that in said capacity
he had several communications with the Defendant
Samuel B 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 Fernon and Conolly
and said Smith that a cetain action of Replevin
brought by said Fernon and Conolly against said
Smith should be dismissed by said Fernon and Conolly
and this deponent saith that in consequence of said
agreement to the best of this deponents belief she saidaction of replevin

Sworn to and subscribed in
open court September 23 1819
J.G. Parmer atty

affidavit

filed September 23 1819
J.G. Parmer atty

To the Honorable Superior Court of the Territory of Missouri
Sitting as a court of Equity for the northern Circuit at St Louis

Humbly complaining unto your Honors, shew your orators John
Connelly and James Fernon , of the Town of St Louis in the Territory of Missouri - 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. Smith of the said Town of St 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. 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 Louis together with the
said Samuel 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 Mississippi ,
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. Smith executed his promissory note for to your Orators payable

It being executed for so much as said Smith 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 ExhibitNo 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. 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 Mississippi and tributary waters.- and that James Fernon one year Orators, having with
the permission of your Orator John Connelly and said Smith declined acccompanying
said expedition in person did with the consent of said Smith 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 Smith and were, that the said Manson
was to have one half of the profits accruing to said Fernon as a partner from said expedition
Your Orator state that having embarked on said expedition your Orator Connelly and
the said Smith 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 Smith 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 Smith and
Manson with the rest of the hands and Equipment were to ascend the Mississippi 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
Smith 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 Smith and Manson had ascended the river only as high as the Prairie
du Chien , and that they were doing very little buisiness wrote to said Smith to bring his goods yet
unsold which the said Smith 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 Smith 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
Smith then expressed a wish to come down to St Louis for more gun powder, and not withstanding
many objections urged by your Orator Connelly to his doing so, the said Smith persisted in his
intention, that your Orator Connelly finding it in vain to oppose his inclination, gave him an order
on Thomas Hanly of St Louis for a quantity of powder- That said Smith then left Your orator Connelly
for St Louis and on his return from St 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 Louis and stored the same in the cellar of Ralph
Davis in the town of St Louis - Your orators charge that a considerable quantity of the goods that were
in the possession of said Manson & Smith 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 Smith and Manson
the latter of whom they are informed was controlled by said Smith 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 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 Louis and had actually
sold the same to one Ephraim 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 Smith 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
Smith 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 Smith to settle the partnership
accounts, that the said Smith 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 Smith the matters in controversy between said Smith and your orators were referred to
Thomas Hanly , Ephraim Towns and Moses 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 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 Fernon and the said Smith 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 Smith and Fernon
had not accounted for and that each of them Smith 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 Smith 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 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 Missouri sitting as a court of equity at St 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 Smith 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 Smith 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 Smith and your orator
1778.32.
Fernon 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 Smith 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 Smith 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 Smith 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 Smith 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 Smith 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 Smith 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 Smith 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 Smith 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 Smith 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 Smith 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 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 Smith 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 Smith 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 Smith 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 Smith 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 Smith 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 Smith 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 Smith and again sometimes the said Smith 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 Smith 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. 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 Missouri sitting as such, where matters of this nature
properly cognizable and relievable-. To the end therefore that the said Samuel 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 Smith & 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 Smith 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 Smith are
not correct and if not what should they be- and what Items ought and what
ought not be charged thereof against said Smith ?

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 Smith to comply with the award upon the request of your Orators?-

8th Whether the said Smith 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 Smith & 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 Smith 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 Smith 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. Smith his attorney's
counsellors, agents and all concerned, and to the sheriff of the county of St Louis
matter shall be heard in your honorable court, and also your honor's gracious
writ of subpoena directed to the said Samuel 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

Wash

for

Territory of Missouri 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 AD1818 before
me

J.E.

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

Alexd. Stuart

St Louis May 28th 1817

It appearing to us the undesigned arbitrator
Appointed to settle the dispute existing between
Fernon Connolly and Smith that there is
a deficit of One Thousand Seven Hundred and
Seventy six dollars 32 ctswhich 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 Fernon shall
be charged and held Indebted to the firm
of Fernon Connolly & Smith in thejust& 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 Smith 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 & Subscribedthisfifth 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 JPE. Town

88'3

35

02

.34

35

4.63

2.24