In the Circuit Court
March Term 1833.

Saint Louis County to wit: Austin Shelton
administrator of all & singular the goods & chattels, rights
& credits which were of John Gaither deceased by
Edward Bates his attorney complains of William Sublette
of a plea of trespass upon the case upon promises,
for that whereas heretofore to wit on the first day of
January in the year One thousand eight hundred &
twenty nine at the County aforesaid in consideration that
the said John Gaither , then being in full life, had
then & there, at the request of the said Sublette , under
taken & promised, to enter into the service of the said
Sublette , & to serve him in his trade & business in the
Indian Country for the term of eighteen months, he the said Sublette undertook & then & there faith
fully promied to pay him the said
the sum of three hundred dollars. And the said
plaintiff avers that the said Gaither in his lifetime
(who is now dead) did enter into the service of said
Sublette & serve him in his trade & business
aforesaid, for the term of eighteen months, according
to his aforesaid undertaking, yet the said Sublette
did not nor would pay the said sum of three hun
=dred dollars either to the said Gaither in his lifetime
or to the plaintiff administrator as aforesaid, since
the said Gaither's death.And also for that whereas heretofore to wit on
the first day of July in the year one thousand eight
hundred twenty nine, at the country aforesaid
in the lifetime of the said Gaither , in consideration that
the said Sublette was then & there indebted to the
said Gaither in a large sum of money to wit the
sum of five hundred dollars, for the work & labor
care & diligence of the said Gaither , by him before
that time done & performed for the said Sublette
& at his request, he the said Sublette under
=took & then & there faithfully promised the said
Gaither to pay him the said last mentioned
sum of money whenever he should be thereunto
afterwards requested. Yet the said Sublette , has not paid
the last mentioned sum of money, either to the said Gaither
in his lifetime,or to the said plaintiff, the administrator
since the said Gaither's death.

And also for that whereas heretofore, in the lifetime
of the said Gaither , to wit on the first day of July in the
year one thousand eight hundred & twenty nine, at the
County aforesaid, the said William Sublette accounted
with the said Gaither of & concerning divers sums of mo
=ney before that time due & owing from the said Sub
=lette to the said Gaither & then in arrear & unpaid,
& upon that accounting the said Sublette was found
to be in arrear to the said Gaither in a large sum
of money to wit one thousand dollars, being & found
to be in arrear, he the said Sublette , in consideration
thereof, undertook & then & there faithfully promised

the said Gaither to pay him the said last men
tioned sum of money whenever he the said
Sublette should he thereunto afterwards requested,
yet the said Sublette , although often requested, has
not as yet paid the last mentioned sum of money
or any part thereof, either to the said John Gaither
in his lifetime or to the said administrator, the
plaintiff, since the said Gaither's death, but the
same & every part thereof still remains due & unpaid.

Wherefore the said plaintiff saith that
he is injured & hath sustained damage to the value
of one thousand dollars, and therefore he sues

And the said Austin Shelton brings into
court here the letters of administration to him granted
in one form of law, of all & singular the goods & chattels
rights & credits which were of the said John Gaither
deceased, which hear sufficient evidence that
he is such administrator as aforesaid.

Edwd Bates atty

County of Saint Louis , Ss.
The State of Missouri To The Sheriff of the County of Saint Louis Greeting

We command you to summon William Sublette that he be and appear before the
Judge of our Circuit Court at the next. March term thereof to be held at the City of St. Louis
within and for the county of Saint Louis on the fourth Monday of March next then
and there to answer unto Austin Shelton Administrator of all and singular the
goods & chattels rights and credits which were of John Gaither deceased of a plea of
trespass upon the case upon promises wherefore the said plaintiff saith that he
is injured & hath sustained damage to the value of one thousand dollars and have
you then there this writ

Witness Archibald Gamble Clerk of our said Circuit
Court at Office this Fourteenth day of November in the
Year One thousand Eight Hundred and thirty two Archibald Gamble Clerk

Executed this Writ on William Sublette
by offering to read to him the writ and
the declaration which he refused to hear
and acknowledged the service of the same
on the 26th day of November 1832 in the
County of St. Louis

John K Walker Sheriff
by S. Blood Dept Shff
Service $ 1.00

No 3
Saint Louis Circuit Court
March Term 1833

for
Damage $1000
Issue a summons

Edwd Bates

Filed 14th November 1832

Archibald Gamble Clerk

And the said William by
Geyer his attorney comes and defends the wrong & injury
when & C and says that the said plaintiff ought not
to have or maintain his aforesaid action thereof against him
the said defendant because he says that he the said
Austin is not & never hath been of the goods or chattels
rights or credits which were of the said John Gaither
deceased, in manner and form as he hath above there
of in his said declaration alleged and this he prays
may be enquired of by the county &C

2. And for further plea in this behalf the said defendant
says that he did not undertake and promise in manner
& form as the said plaintiff hath above thereof
alleged and of this he puts himself upon the country & C

3. And for further plea in this behalf the said defendant says
that the said plaintiff ought not to have or maintain his aforesaid
action thereof against him the defendant, because he says that
the said John before and at the time of his decease was, and
the said plaintiff administrator as aforesaid since
his decease was and still is indebted to the defendant
in a large sum of money to test the sum of three thousand
dollars
for money by the defendant lent and advanced
to & paid laid out & expended for the said John in his life
time & at his request, for money by the said John in
his lifetime had & received to and for the case of the defen-
dant, and for divers goods wares and merchandizes
by the defendant sold and delivered to the said
John in his life time & at his request and also for
meat drink clothing washing and lodging by the defendant
found and provided for the said John in his lifetime
and at his request which said sum of money is still
due and unpaid to the defendant and exceeds the dama
ges sustained by the plaintiff by reason of the perform
ances of the said supposed & undertakings in
the declaration mentioned and the defendant is ready &
willing and hereby offers to set off and allow to the plaintiff
the amount of his said damages, according to the person of the statute
in suit were made and provided to wit at the county aforesaidand this the defendant is ready to verify wherefore
he prays Judgment &C

Geyer for defts

No 3 St Louis Circuit Court
March T 1833

Plea

1.adm

2.non

3. set off

filed 11th May 1833

A Gamble Clk

County of St. Louis , Sct.
State of Missouri ,To the Sheriff of St. Louis County-Greeting.

You are hereby commanded to summon Adam Douglass William H Ashley
Robert Campbell Louis Vasques Thomas Fitzpatrick & G Cook
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 17th day of
Decembernext 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 Austin Shelton Administrator of John Gaither is plaintiff, and
William Sublette is defendant, on the
part of the defendant and have you then there this writ.

Witness, Archibald Gamble , Clerk of our said Circuit Court , at the
City of St. Louis , this 31st day of October
in the year of our Lord one thousand eight hundred and thirty three
A Gamble Clerk C.C.

Executed this writ William H Ashley 4th
on Grove Cook 1st Nov both in the coun
ty of St Louis 1833

John K Walker Sheriff

Service$ 1.004 50$ 1.50

November Term 1833

for defendant

Adam Douglass -
Wm H Ashley 4
Robt Campbell -
Louis Vasques-
Thos Fitzpatrick-
G Cook 1st
on 17th Decr

And the said plaintiff for replication
to the pleas of the said defendant by him
firstly & secondly above pleaded & whereof
he has put himself upon the County does
the like

And as to the plea of the defendant
by him thirdly & lastly above pleaded, the
said plaintiff says that by reason of any
thing inalledged, be ought not
to be banned & precluded from maintaining
his action aforesaid, because he says that his intes-
tates in his lifetime & at the time of his death was
not, and this plaintiff as such administration
was not at the time of the commencement of this
suit, & is not now indebted to the said defendant
in manner & form as in the said plea is above
supposed, nor in any other manner nor in any
sum and this he prays may be enquired of by
the Country

Edwd Bates

No 3
Saint Louis Circuit Court
March Term 1833

Replications

Filed 6th November 1833 Archibald Gamble Clerk

Continued at pltffs costs Book 7 page--174

Non Suit --- " --- 357

Fee bill 170

The defendant excepts
to the deposition of Arthur
Black filed in this cause
for the following reasons-

1. The said deposition was taken before the
return day of the summons issued against
the defendant

2. The deposition was taken before
of any process on the defendant in this cause

3. No notice of the time and place of taking
the said deposition was given to the defendant
according to law

4. The said deposition purports to have
been taken in St Louis on the 21st Nov 1832
and was supposed by plff until the
20th Dec when it was filed on this
court-

Geyer for deft

Exceptions to deposition

filed Dec27 1833 A Gamble Clk

County of St. Louis , Sct. State of Missouri , To the Sheriff of St. Louis County-Greeting.

You are hereby commanded to summon Adam Douglass Wm H Ashley
Robert Campbell Louis Vasquez Thos Fitzpatrick
Grove Cook
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 seventh day of
April 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 John Gaithers ads plaintiff and
William Sublette is defendant, on the
part of the Defendant and have you then there this writ.

Witness, Archibald Gamble , Clerk of our said Circuit Court , at the
City of St. Louis , this 21st day of February
in the year of our Lord, one thousand eight hundred and thirty four A Gamble Clerk, C.C.

March Term 1834

for

Adam Douglass Wm H Ashley Robt Campbell Louis Vasquez Thos Fitzpatrick Grove Cook 7th April for
defendant

Executed this writ Grove Cook 3rd
April 1834 Adam Douglass William
H Ashley Robert Campbell Louis Vasques
Thomas Fitzpatrick not found in my
County St Louis .April 1834Service505 62 1/2$ 1.12 1/2

John K Walker Shff
by Isaac Stoner DP

County of St. Louis , sct.
State of Missouri ,To the Sheriff of St. Louis County-Greeting.

You are hereby commanded to summon Adam Douglass Wm H Ashley
Robt Campbell Louis Vasquez
Thos Fitzpatrick
Grove Cook
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 seventh day of
August 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 Austin Shelton adr of Jno Gaither is plaintiff and
Wm Sublette is defendant, on the
part of the Defendant 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 four A Gamble Clerk, C.C.

July Term 1834

for

Adam Douglass Wm H Ashley Robt Campbell Louis Vasquez Thos Fitzpatrick Grove Cook 10 7th August for
Defendant

Executed this writh on Grove Cook the 10th
July 1834 by reading it to him in St Louis
County Adam Douglass - Wm. H. Ashley - Robert
Canfield - Louis Vasques and Thomas Fitzpatrick
not found in my county

Jn.o K. Walker Sheff
By Brown dept.
shff.

Service505 nonests62 1/2$ 1.12 1/2

County of St. Louis , sct.
State of Missouri ,To the Sheriff of St. Louis County-Greeting.

You are hereby commanded to summon Isaac Gailbraith
Wm H Ashley
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 7th 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 Austin Shelton Admr of Jno Gaither is plaintiff and
William Sublette is defendant on the
part of the defendant and have you then there this writ.

Witness, Archibald Gamble , Clerk of our said Circuit Court , at the
City of St. Louis , this 28th day of July
in the year of our Lord, one thousand eight hundred and thirty four Archibald Gamble Clerk, C.C.

Served this writ on Isaac Gailbraith on the
28th July and on Wm H Ashley on the 9th
day of august 1834 by reading it to
them in the County of St Louis

John K. Walker shff
by G Hammond Dept Shff Service 1.00

July Term 1834

for Defendant

Isaac Galbraith
William H Ashley
on the 7th August

County of St. Louis , State of Missouri , Sct.To the Sheriff of St. Louis County-Greeting.

You are hereby commanded to summon Adam Douglass
Wm H Ashley Robert Campbell Louis Vasquez
Thomas Fitzpatrick Grove Cook Isaac Galbraith
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 fourth day of
December 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 Austin Shelton Adr of Jno Gaither plaintiff and
William Sublette is defendant, on the
part of the Defendant and have you then there this writ.

Witness, Archibald Gamble , Clerk of our said Circuit Court , at the
City of St. Louis , this Eighth day of Nov
in the year of our Lord, one thousand eight hundred and thirty four A Gamble Clerk, C.C.

Nov Term 1834

for

Adam Douglass Wm H Ashley Robt Campbell Louis Louis Vasquez Thos Fitzpatrick Grove Cook Isaac Galbraith4th Decr for the
Defendant

Executed this writ on Robt Campbell 15
Thomas Fitzpatrick 17th on Isaac Galbreath
14 by reading it to them in St Louis County
Adam Douglass Wm H Ashley Louis Vasques
& Grove Cook not found in my County
St Louis Nov 1834

J Brotherton Sheriff
By M Brotherton D P

Service$ 1.504 ne50$ 2.00

County of St. Louis , Sct. State of Missouri ,To the Sheriff of St. Louis County-Greeting.

You are hereby commanded to summon C. S. Bledsoe, Robert Campbell
Louis Vasquez , Thomas Fitzpatrick, Grove Cook
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 fourth day of
Decembernext 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 Austin Shelton Admr of John Gaither is plaintiff and
William Sublette is defendant, on the
part of the defendant and have you then there this writ.

Witness, Archibald Gamble , Clerk of our said Circuit Court , at the
City of St. Louis , this Twelfth day of November
in the year of our Lord, one thousand eight hundred and thirty four A Gamble Clerk, C.C.

November Term 1834

C.S. Bledsoe Robert Campbell
15 Louis Louis Vasquez Thomas Fitzpatrick 17 Grove Cook for Deft 4th December

Executed this writ on Robert Campbell
15th on Thomas Fitzpatrick 17th by read it
to them in St Louis County C S Bledsoe
Louis Vasques & Grove Cook not found
in my County St Louis Nov 1834

J Brotherton Sheriff
By M Brotherton DP

Service$ 1.003 ne37$ 1.37%

County of St. Louis , sct.
State of Missouri ,To the Sheriff of Calloway County-Greeting.

You are hereby commanded to summon Grove Cook
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 fourth day of
December 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 Wm Gaither adr of Jno Gaither plaintiff and
William Sublette is defendant on the
part of the Defendant and have you then there this writ.

Witness, Archibald Gamble , Clerk of our said Circuit Court , at the
City of St. Louis , this 24th day of Nov
in the year of our Lord one thousand eight hundred and thirty four A Gamble Clerk C.C.

I acknowledge the of the
within writ in the County of Calloway
this 28 day of November 1834

Grove Cook

for

Grove Cook
4th Decr for
Defendant
to Calloway

County of St. Louis , sct.
State of Missouri ,
To the Sheriff of t. Louis County-Greeting.

You are hereby commanded to summon C. S. Bledsoe
Robert Campbell Louis Vasquez Thomas
Fitzpatrick Grove Cook Adam Douglass
Wm . H Ashley Isaac Galbraith
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 31st
March 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 Austin Shelton adr of Jno
Gaither is plaintiff and William Sublette
is defendant on the part of
Defendant and have you then and there this writ.

Witness, Archibald Gamble , Clerk of our said Circuit Court , at the
City of St. Louis , this25th day of February
in the year of our Lord one thousand eight hundred and thirty five A Gamble Clerk, C.C.

Neither of the within named Witnesses
found in my County

J Brotherton Shff
by G Hammond Dept 8 1.00

March Term 1835

for

C S Bledsoe
Robt Campbell
Louis Vasquez
Thos Fitzpatrick
Grove Cook
Adam Douglass
Wm H Ashley
Isaac Galbraith
31st March
for Defendant

County of St. Louis , sct.
State of Missouri ,
To the Sheriff of Callaway County -Greeting.

You are hereby commanded to summon Grove Cook
that setting aside all manner of excuse and delay, he be and appear in proper
person beore the Judge of our Circuit Court , on the Thirty first day of March
instant 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 Austin Shelton Administrator of John Gaither
is plaintiff and William L Sublette
is defendant on the part of
defendant and have you then and there this writ.

Witness, Archibald Gamble , Clerk of our said Circuit Court , at the
City of St. Louis , this Twenty fifth day of March
in the year of our Lord one thousand eight hundred and thirty five Archibald Gamble Clerk, C.C.

I acknowledge the Service of the
withinCaloway County State of
Misouri March 27 1835

Grove Cook

March Term 1835

Spa for

Grove Cook
for defendant
on 31st March