St Louis Circuit Court For November Term 1832
County of St. Louis Ss: John B .D.Valois & Pierre
N .
Leclere by J . Spalding their attorney
complain of John
P . Cabbane , Peter A. Sarpy, Pierre
Detailli, Joseph Galarmean
Louis Pineau, Edward P. Loise, Baptiste
Bibi, Reilhe Hervey,
Noel Gratiot, Philipps Guillorie, Auguste
Raboin, Auguste
Fournier
of a plea of trespass. For that the said
defendants on the
seventeenth day of September
in the year of our Lord one
thousand eight hundred and thirty
two with force & arms &.C.
to wit at said County, seized, took & carried
away, cer-
tain goods & chattels to wit, five hundred pair of
blankets,
five hundred other blankets, one hundred pieces of cloth,
two thousand yards of other cloth, one hundred pieces of
stroud, one
hundred Shirts, twenty pieces of handerkerchiefs,
two hundred
other handkerchiefs, three thousand shirts, fifty
pair of brogans,
three hundred yards of calico, ten
pieces of other
calico, fifty coats, twenty packs of play-
ing cards, five pieces of
sheeting, fifty yards of other
sheeting, ten carpets, twenty pair of
pantaloons, ten pieces of
check, ten pieces of plaid, ten
pieces of domestic
plaid, fifty
pair of hose, fifty
pair of
half hose, a thousand needles, five thousand .
fifty thousand beads, five hundred inches hair
pipe
fifty caps, twenty pounds of thread, five thousand hawk bells
fifty powder horns, a thousand field glasses, a thousand looking
glasses, a thousand other glasses, three thousand finger rings,
one thousand owls, ten thousand brass nails,
fifty files,
fifty , fifty hand
saw files, ten not tail files, a thousand other files
one box of soap,
two thousand buttons, five hundred gun-
worms, fifty pounds of green
yarn, five hundred feathers,
a hundred pounds of candlewick, ten
thousand knives,
two hundred scalping knives, five pieces of gartering,
five hun-
dred , of other beads,
fifty of cut glass, fifty
bun-
ches of cut glass , five hundred bunches of other beadsfifty thousand other beads, ten —
sixteen dozen of
conles, one barrel of blue beads, two hundred
pounds of other beads, fifty flannel shirts, five
hundred
guns, two boxes of other guns, two boxes of hats, fifty
other hats, two boxes of vermilion two hundred pounds
of other
vermilion, ten kegs of pepper, fifty pounds
of other pepper, ten bags
of coffee, two hundred pounds
of other coffee, ten bundles of
hoop iron, five hundred
pound of other iron, ten bags of shot, five
hundred
pounds of other shot, ten kegs of nails, five hundred
pounds of other nails, ten
barrels of salt, a thousand
pounds
of other salt, ten barrels
of sugar, a thou-
sand pounds of other
sugar, ten boxes of axes,
a hundred other axes, fifty kegs of tobacco,
five
thousand pounds of other tobacco, a hundred kegs
of powder,
ten thousand pounds of other powder,
ten boxes of raisins, two boxes of tea,
two tin ca-
ses of other tea, ten kegs of rice, a hundred pounds
of other rice, ten kegs of pitch, ten boxes of soap,
one box of
, one tin box, fifty nests of
ten kettles, five hundred other tin kettles, six nests
of iron
kettles, a hundred other iron kettles, a
hundred pans, a hundred tin
cups, a hundred coffee
pots, a hundred funnels, a hundred lanterns, ten
grind stones, a hundred pigs of lead, five thousand
pounds of
other lead, six kegs of iron utensils, ten
pounds of iron
wire, fifty hoes, five hundred axes,
five hundred square axes, fifty
battle axes, one
box of medicines, ten pounds of verdigris,
fifty beaver
traps, fifty chairs, fifty muskrat traps, ten pole
sockets, a thousand arrow points, a thousand spikes
ten , ten chisels, fifty halter chains,
ten
barrels one nest of trunks, twenty other
trunks,
two hundred pipes, ten backets, fifty saddles ten womans
saddles, ten kettles ten pair other blankets, ten
boyes,
fifty pounds of twine a hundred yards of bed cord, a
hundred yards of linen twenty rugs twenty barrels of
pork, twenty barrels of pilot bread, twenty barrels of
other
bread, twenty barrels of flour, ten
barrels of bis-
cuit, five hundred bushels of corn, fifty barrels of
other
corn, a hundred pounds of loaf sugar, one keg of
wine, fifty
gallons of other wine, one keg of
rum
fifty gallons of other rum ten empty
bottles, ten coffee
mills, ten hammers, ten drawing knives ten
hand-
saws twenty four knives
& forks, ten tea kettles, ten
frying pans,
fifty pounds of nails, a dutchoven,
ten oars, two dozen of
sockets two keel boats,
another
keel
boat called the Atlas,
of the said plaintiffs
of great value to wit of the value
of twenty thousand dollars there
then found and being, and
converted and disposed of the same to the use
of them the said
defendants.
And for that the said defendants on the seventeenth
day of September in
the year of our Lord aforesaid with force
& arms
& to wit at said County,
seized and took a certain
keel
boat, of said plaintiffs of great value to wit of the
value of a thousand
dollars, and in which keel boat said plaintiffs,
then and there
intended and were about to carry and
convey certain goods
& merchandise for certain freight
&
reward, to be therefore paid to them, said plaintiffs, and
then & there carried away said keel boat &
kept & detained
the same from said plaintiffs for along
space of timeto wit hitherto and converted and
disposed thereof to his
own use, and thereby said plaintiffs
were hindered and prevented
from further carrying & conveying
said goods and merchandise as aforesaid,
& thereby
lost & were deprived of all the profits
benefits and ad-
vantage which might
& would otherwise have arisen,
and to them therefore, to wit at
said County.
And for that the said defendants on the seventeenth
day of September in
said year with force & arms & to
wit at said County seized & took a
certain keel boat
of said plaintiffs called
the Atlas, of great value to wit
of the value of a thousand dollars,
and also then & there
seized & took the
chattles goods & merchandise hereinafter
mentioned of said plaintiffs which were then & there on
board of said keel boat, & in which
said keel boat said
plaintiffs then
& there intended & were about to carry &
convey up the Missouri River said
chattels goods &
merchandise for the purpose of
trading & bartering the
same with the
Indians at great profit & advantage to
them said plaintiffs;
which said chattels goods & mer-
chandise were as follows,
viz.
five hundred pair of blan-
ketsfive
hundred other blankets, one hundred pieces of
cloth, two thousand yards of other cloth, one hundred
pieces of
straw, one hundred shirts ten twenty pieces of hand-
kerchiefs, two
hundred other handkerchiefs, three thousand
fifty pair of brogans, three hundred yards of
calico,
fifty coats, twenty packs of playing cards, five pieces of
sheeting, fifty yards of other sheeting, ten carpets, twenty
pair
of pantaloons, ten pieces of check, ten
pieces of
plaid, ten pieces of domestic
plaid, fifty pair of hose fifty
pair of half
hose, a thousand needles, five thousand wampum, five
thousands beads, five hundred inches hair pipe, fifty caps,
twenty pounds of thread, five thousand hawk bells, fifty
powder horns, a thousand field glasses a thousand
looking
glasses, a thousand other glasses, three
thousand finger rings, one thousand awls, ten
thousand
sand
brass nails, fifty files, fifty rasps, fifty
hand
saw files, ten rat tail files, a hundred
other files, a hundred saws
one box of soap two thousand buttons five
hundred
gun worms, fifty pounds of green
yarn, five hundred
feathers, a
hundred pounds of candle-wick, ten thou-
sand knives, two
hundred scalping knives, five pieces
of gartering, five hundred of other beads, fifty
bunches of
cut
glass, sixteen dozen of combs, one barrel of
blue
beads, two hundred pounds of other beads, fifty flannel
shirts, five hundred guns, two boxes of other guns, two
boxes of hats, fifty other hats, two boxes of
vermilion,
two hundred pounds of
other vermilion, ten
kegs of pepper,
fifty pounds of other
pepper, ten bags of coffee, two hun-
dred pounds of other coffee, two
bundles of hoop iron, five
hundred pounds of other iron, ten kegs of nails, five
hundred
pounds of other nails, ten barrels of salt, a thousand
pounds of other salt, ten barrels of sugar, a thousand
pounds of
other sugar, ten boxes of axes, a hundred other
axes, fifty kegs of
tobacco, five thousand pounds of other
tobacco, a hundred kegs of powder,
ten
thousand pounds of
other powder, ten boxes of raisins, two boxes of
tea,
two tin cases of other tea, ten kegs of
rice, a hundred
pounds of other rice, the kegs of pitch, ten boxes of
soap, one box of tin ware, one tin box,
fifty
of tin
kettles, five hundred other tin kettles,
six of
iron kettles, a hundred
other iron kettles, a hundred pans, a
hundred tin cups, a
hundred coffee pots, a hundred funnels,
a hundred lanterns, ten
grind stones, a hundred pigs of
lead, five thousand pounds of other lead, six kegs of
iron
utensils, ten pounds of iron wire, fifty
hoes, five hundred
axes, five hundred
axes, fifty battle axes, one
box of medicines, ten pounds of verdigris, fifty beaver
traps,
fifty chains, fifty muskrat traps, ten pole sockets,
a thousand arrow points, a thousand spikes, ten ten chisels, fifty halter chains, ten
barrels,, one next of
trunks,
twenty other trunks, two hundred pipes, ten
buckets, fifty saddles,
ten woman saddles, ten kettles
ten pair of other blankets, ten boxes, fifty
pounds of
twine, a hundred yards of bed cord, a hundred
yards of
linen, twenty rugs, twenty
barrels of pork, twenty bar-
rels of pilot bread, twenty barrels of
other bread, twenty
barrels of flour, ten barrels of
biscuit, five hundred
bushels of
corn, fifty barrels of other corn, a
hundred
pounds of loaf sugar, one keg of wine, fifty gallons
of
other wine, one keg of rum, fifty gallons of
other rum, ten empty bottles ten coffee mills, ten
hammers, ten
drawing knives, ten handsaws, twenty
four
knives &forks, ten tea kettles ten frying pans
fifty pounds of nails, a dutch oven, ten oars, two
dozen of sockets,fifty bunches of cut glass
beads. five hundred thousand
other beads, five
hundred bunches of other beads
of great value
to wit of the value of twenty thousand
dollars; and then and there said
defendants carried
away said
keel boat with the said goods chattels
&
merchandise so on board of hen as
aforesaid and kept
and detained the same boat &
goods from said plain-
tiffs for a long space of time, to wit hitherto and
con-
verted and disposed thereof to their own use; and thereby
the
said plaintiffs were hindered and prevented
from carrying the
said goods & merchandise & trading
& bartering the same with
the
Indians, and thereby lost & were deprived of all the profits
benefit & advantage which might & otherwise would
have
arisen & to them therefrom: and thereby lost all
the
cost, charges & expenses, of carrying
said
goods to the place where
they were seized, to wit the sum of three
thousand dol-
lars: and thereby utterly lost & were deprived
of all advantage
from the services of sundry to wit fifty men, hired, engaged
& paid & to
be paid by them, to attend & labor
in the carrying of said goods
& in bartering & selling them for said plaintiffs to
the Indians
and thereby also utterly lost all the wages paid by
them to
said men on account of said labor &
services
rendered
& to be rendered said plaintiffs as
aforesaid amounting to
a large sum to wit the further sum of five
thousand
dollars and thereby also said plaintiffs were forced
&
obliged to & did necessarily lay out
& expend divers sums of
money in
transporting themselves & servants to their res-
pective
homes to wit the sum of a thousand
dol-
lars to wit at said County and thereby also were hindered
&
prevented from keeping their engagements with said
Indians &
retaining their good will & custom
& prosecuting trade & bar-
ter with them, to
the same profit & advantange as thereto-
fore to wit at said County.
And for that the said defendants on the fifth day
of September in
the year of our Lord aforesaid to wit at
said County with force
& arms & seized & took a certain
keel boat of said plaintiffs then
proceeding up the Missouri
River laden with goods of said
plaintiffs for the Indian
trade & stopped and detained said
boat from proceeding
on her destination for a long space of time to wit
for
twenty days & hindered & delayed said
plaintiffs & their ser-
vants from proceeding on said
trip
with said boat as it was
their intention to do; and hindered
& prevented sundry to
wit, five servants of them said
plaintiffs from proceeding
with said boat on said trip whereby said
plaintiffs lost
a large sum of money to wit a thousand dollars being
wages of their said servants & costs of provisions
& other
expenses accrued during the
detention of said boat &
also lost utterly the services of
said five hands to
wit at said County.
And other wrongs to said plaintiff said defen-
dants then &
there did against the peace of the State of Missouri & to the damage of
said plaintiffs of
forty thousand dollars & therefore they
bring
their suit
J
Spalding &
E . Bates
for
plff
The State of Missouri
County of Saint Louis SsTo the Sheriff of the County of Saint Louis Greeting
We Command you to Summon John P Cabbane Peter A Sarpy, Pierre Detaille,
Joseph
Galarneau, Louis Pineau, Edward P Loise, Baptiste Bibi, reilke
Hervey, Noel
Gratiot
Philippe Guillorie, Auguste Raboiu and Auguste Fournier that they
be and appear
before the Judge of our Circuit Court at the next term
thereof to be held at the city
of St Louis within and for the county of
Saint Louis on the fourth monday of
November Instant then and
there to answer unto John B . D Valoisand Pierre N Leclere
of a plea of trespass to the damage of said plaintiffs of forty
thousand dollars
and have you then there this writ
Witness Archibald Gamble Clerk of our said Circuit
Court at
Office this First day of November in the year
of our Lord One thousand Eight Hundred and
thirty
two Archibald Gamble Clerk
No 97 November Term
1832
St Louis Circuit Court
Pierre N. Leclere
vs
John John P Cabbane &
others
Trespass
& dgs $ 40000
Issue Summons
Bates &
Spalding
Attys
Filed 1st November 1832 Archibald Gamble Clerk
Executed this writ on John
P.Cabbane by delivering a true
copy of it & the
declaration to a free white male member
of his family over the age of
fifteen years at his
usual place of residence & made known
to him the
of the same in the county of St Louis on the ninth day
of November 1832 Peter A Sarpy, Pierre Detaille
Joseph Galarneau Louis Pineau Edward P. Loise
Baptiste
Ribi
Reilke Hervey Noel Gratiot, Philippe
Guillaire
Auguste Auguste Fournier
not
found in my county
John K Walker Sheriff
by Isaac Stoner
Dep shff
Service1.0011 5.50$6.50
&C
ads
Jno B D Valois
& Pierre N Leclere
And the said John P . Cabbane who
as impleaded with
Peter A Sarpy & others comes
and defends the force and injury when & C
& says
that he is not guilty of the premises in the
declara
tion alleged against him, on manner and form
as the
plantiffs have above thereof complained
against him & of
this he puts himself upon the
county
for
filed Nov 29th 1832A G Clk
No 97
November Term 1832
St Louis Circuit Court
vs
John P Cabanne
ads
Valois & Leclere
plea not guilty.
filed Nov 29th 1832 A Gamble Clk
Submission & Judgment by consent of parties for $ 9200
& satisfaction of Judgment
entered book 7 page 18- each party to pay their own
costs
Archd Gamble Clerk (Fee bill 10)
County Of St. Louis -- sct. State of Missouri ,To the Sheriff of St. Louis County--Greeting.
You are hereby commanded to summon John Bienvenu-
Joseph Novalle- Louis
Liberge- Louis Blondeau- Pierre Martineau-
Andre Cattaland- Abram
Dauphin- Patrice Dauphin
that setting aside all manner of excuse and delay, he be and appear in
proper person before the
Judge of our Circuit Court , on the Twenty sixth day of
Aprilnext
at the City of St. Louis , then and there to testify and the truth to
say, in a certain matter of controversy
now pending in our said Court,
wherein Pierre N Laclerc and John B .D.Valois
are plaintiffs, and John P
Cabbané & others are
defendants, on the part of the plaintiffs
and have you then there this writ.
Witness: Archibald Gamble , Clerk of our said Circuit Court , at the City
of
St. Louis , thisSecond day of march
in the year of our Lord one thousand eight hundred and
thirty.three Archibald Gamble Clerk C.C.
March Term 1833
Pierre N Leclerc & Jn B.D.Valoisvs
Jno P Cabanné & other
for plffs
John Bienvenu 4 Joseph Novalle 2 Louis Leberge 4 Louis Blondeau 4 Andre Cattaland 4 Abram Dauphin 4 Patrice Dauphin 4 on 26th April
Executed this by reading it to Lewis Lebarge 4 March
John Bienvenu Lewis Blondean Pierre Martineau
Andre Cattaland Abram Dauphen Patrice Dauphen
all on the fourth march Joseph 2d
all in the county of Saint Louis March 4th
1833
John K Walker Sheriff by J. Brotherton Dpty Service $ 4.00
County Of St. Louis --sct. State of Missouri ,To the Sheriff of St. Louis County-- Greeting.
You are hereby commanded to summon Abram Dumond-
Louis M Bourk
Andre' Charlebois and John Garet
Jonathan L. Bean
that setting aside all manner of excuse and delay, they be and appear
in proper person before the
Judge of our Circuit Court , on the 26th day of Aprilnext
at the City of St. Louis , then and there to testify and the truth to
say, in a certain matter of controversy
now pending in our said Court,
wherein Pierre N Laclerc and John B .D.Valois
are
plaintiffs, and John P Cabbanne' &
others are
defendants, on the part of the plaintiffs
and have you then there this writ.
Witness: Archibald Gamble , Clerk of our said Circuit Court , at the City
of
St. Louis , this Second day of march
in the year of our Lord one thousand eight hundred and thirty.three Archibald Gamble Clerk C.
C.
March Term 1833
Pierre N Leclerc & Jno B.D.Valoisvs
Jno P Cabanne & others
for plffs
Abram Dumond5 Louis M Bourk 4 Andre Charlebois 4 John Dougherty 20 Pierre Goret 4 on 26th AprilJ.L.Bean 19
Executed this writ on Abram Dumond 5th on Louis
M Bourk the 4
André Charleville the 4th on Pierre
Soret the 4th on Jno S.
Daugherty the 20 March 1833
all in the county of St Louis on J.L. the 19th March in St. Louis
County the 1833
John K Walker Sheriff
By
Service $ 3.00
County Of St. Louis --sct. State of Missouri ,To the Sheriff of St. Louis County.. Greeting.
You are hereby commanded to summon Abram Drummond-
Louis M
Bourk, Andre Charlebois, John Goret,
Jonathan L. Bean, John Bienvenu ,
Joseph Novalle,
that setting aside all manner of excuse and delay, he be and appear in
proper person before the
Judge of our Circuit Court , on the 8th day of August next
at the City of St. Louis , then and there to testify and the truth to
say, in a certain matter of controversy
now pending in our said Court,
wherein Pierre N Laclerc and John B . Valois
are
plaintiffs, and Jno P Cabanne &
others are
defendants, on the part of the plaintiffs
and have you then there this writ.
Witness: Archibald Gamble , Clerk of our said Circuit Court , at the City
of
St. Louis , this 12th day of June
in the year of our Lord one thousand eight hundred and thirty-three A Gamble Clerk C. C.
July Term 1833
Pierre N Leclere & Jno B.D.Valois
vs
Jno P Cabanne & others
for plffs
Abram DrumondLouis M Bourk Andre CharleboisJohn Dougherty Pierre GoretJona. L Bean John Bienvenu Joseph Novalle 15 8th August
Executed this writ on Joseph Navalle the 15th July
1833 in the county of St Louis - Abraham Drummond
Louis M Bourk- Andre Charleblois- John Dougherty
Pierre Garrett-
Jona L Bean and John Bienvenu not
found in my county
John K Walker Shff
Service507 nonests87 $1.37 1/2
County Of St. Louis --sct. State of Missouri ,To the Sheriff of St. Louis County--Greeting.
You are hereby commanded to summon Louis Liberge,
Louis Blondeau,
Pierre Martineau, Andre Cattaland, Abram Dauphin,
Patrice
Dauphin,
that setting aside all manner of excuse and delay, they be and appear
in proper person before the
Judge of our Circuit Court , on the 8th day of Augustnext
at the City of St. Louis , then and there to testify and the truth to
say, in a certain matter of controversy
now pending in our said Court,
wherein Pierre N Leclerce &
Jno B D Valiors are
plaintiffs, and Jno P Cabanne &
others are-
defendants, on the part of the plaintiffs
and have you then there this writ.
Witness: Archibald Gamble , Clerk of our said Circuit Court , at the City
of
St. Louis , this 12th day of June
in the year of our Lord one thousand eight hundred and thirty-three A Gamble Clerk C.C.
July Term 1833
Pierre A Leclere & Jno B D Valoisvs
Jno P Cabanne & others
for plffs
Louis LibergeLouis Blondeau Pierre Martineau Andre Cattaland Abram DauphinPatrice Dauphin on 8th August
none of those witnesses found in my county
John K Walker Shff 6 nonests 75 cts
St. Louis Circuit Court
Valois & Leclerevs
John P. Cabanne
It is agreed that judgment is to be entered in
this suit in favor of the
plffs. against the defendant for the sum
of nine thousand two hundred dollars damages & that each
party is to pay his own costs and
satisfaction of said judgment is also to be entered - July 26. 1833
J
Spalding for plff
H R Gamble
for Dft