State of Missouri
County of St Louis
In the Circuit Court
November Term 1835

Alexander Guinard by his attorney
complains of Pierre Chouteau Junior of a plea of
trespass on the case for that whereas the said de
fendant heretofore towit on the 20th day of October
in the year 1835 at the County aforesaid was in
debted to the said plaintiff in the sum of Three
Hundred dollars for the work and labor care
and diligence of the said Guinard by him the
said Guinard before that time done Reformed
and bestowed in and about the business of the said
Chouteau and for the said Chouteau and at his
instance and request and being so indebted
he the said defendant in consideration thereof
afterwards to wit on the day and you last aforesaid
at the County aforesaid undertook and then and there
faithfully promised the said Guinard to pay him
the said sum of three Hundred dollars where
he the said Chouteau should be thereunto
afterwards requested nevertheless the said Chou
teau although often requested hath not as yet paid
to the said Guinard the said sum of three hun
dred dollars or any part thereof but to do the
same hath hitherto wholly neglected & refused
& so to do doth still neglect & refuse to the damage
of said Guinard three Hundred dollars & therefore
he brings his suit & C.

Maftnis
atty for Pltff

County of S Louis Sct.
The State of Missouri ,
To the Sheriff of S Louis County
Greeting

We command you to summon Pierre
Chouteau Junior that he be and appear before the
Judge of our Circuit Court at the next term
thereof to be held at the City of S Louis within and
for the County of S Louis on the Second Monday
of November next then and there to answer unto
Alexander Guinard of a plea of trespass on the
case to the damage of said plaintiff of three
hundred dollars. and have you then there
this writ.

Witness Archibald Gamble
Clerk of our said Court at office this
23rd day of October 1835
Archibald Gamble Clerk

Executed this writ by offering to read it
& the declaration to Pierre Jr the defendant
in the city of St Louis on the 24th day of October
1835 which he refused to hear & acknowledged
the service of the same, stating that he was
apprised of the contents of it

James Brotherton
Sheriff
Service $1.00

And the said Pierre by Geyer
his attorney comes & defends the and injury
when & c and says that he did not in
& promise in manner & form as the
plaintiff hath in his declaration alleged and

of defendant puts himself upon the

State of missouri

No89
Nov Term 1835

This is an action of
assumpsit
$300
summons issue

atty for pltff

Filed 23rd oct 1835

Archibald gamble clerk

Plea filed 14th
Nov 1835

A g Clk

clerk gamble's fees-$1-13%

fee book 228

notice

Executed by Delivering a true copy of this noticed
to the within named Pierre Chouteau Jr in the
City of St Louis July 27th 1836

D,
by D.C.

St Louis County, to wit; William Mull being
sworn on his oath says that the above
by him made is true.
Sworn to subscribed before me
this 29th February 1836

William Primm J.P.
.Mull
Ser $.50

St. Louis Circuit Court .

Take notice that on the 2nd day of March in the
year of our Lord one thousand eight hundred and thirty six, between the hours of
eight, in the forenoon and five-, in the afternoon, of that day, at
the office of Wilson Primm in the city of St. Louis
depositions will be taken by the undersigned, to be read on the trial of the above entitled case, on
behalf of the plaintiff ; and that the taking of said depositions, if not completed
on that day, will be continued from day to day at the same place and between the same hours,
until completed.

Febry 27. 1836
To the above named defendant
Alexander Guinard

Depositions of witness produceed sworn and ex
amined on the second day of march eighteen hun
dred and thirty six, between the hours of eight
in the forenoon and five in the afternoon of that
day, at the office of Wilson Primm in the City of
St Louis , before me wilson Primm, a Justice of the
peace within and for the county of St Louis in the
state of missouri in a certain action now depen
ding in the Circuit Court of St Louis County
aforesaid, wherein Alexander Guinard is plain
tiff and Peter Chouteau Jr. is defendant, on
the part of the plaintiff, the said deposi
tions being taken pursuant to the annexed
notice.

Henry of lawful age being produceed
sworn and examined on the part of the plaintiff
deposes and says.

Alexander Guinard and myself were engaged
by Mr John in behalf of the American Fur
Company to go up the Missouri for them as engages
we left St Louis on or about the 9th or 10th of April
1834 in the capicity on the steam boat
in which we proceeded as far as the yellow stone
river, from where we proceeded in a keel boat as far
as the Country of the black feet Indians which is
said to be about two hundred and fifty leagues
distant above the yellow stone river we stopped
at the fort de la in the black feet
Country being the point of our desteration The
plaintiff as I understood was engaged by the
company for eighteen months He went up at
the same time that I did was there all the
time that I was and stated them to St Louis
as the same time that I did. I arrived at St Louis
about the beginning of september last. Guinard
the plaintiff was left at the noir at
Roubidoun's establishment from which he came to St Louis some time after me

During the whole time that we were at the
fort in the black feet Country, Guinard the
plaintiff was in the employment of the
American Fur Company to whom that fort
belongs and served them well and faith fully
during the whole time that he was in their
service

Understanding that the cause of the present
suit is a claim set up by the defendants against
the plaintiff on account of the loss of some horses
of which he in part had the charge, I will
in a concise manner state the occurrence
whilst at the fort in the black feet country
the plaintiff Guinard myself, Pierre Chotillon
and another engagesince dead, were sent
by Mr one of the clerks at the fort
to a prairie about two or three miles distant
and out of sight of the fort, for the purpose
of guarding some twenty houses sent there to
be pastured we having been sent for fear
that the black feet Indians would steal the
horses, about fifteen or sixteen
indians appeared coming down
a hill at the base of which the prairie was
in which the horses were grazing
and made signs for as to go to them Chotillon
and the young man since dead accordingly went
to them they asked Chotillon for his gun he
gave it to them and one of them discharged it
in the air Chotillon then took the gun
away from them. In the mean time, having
a rope in my hand I caught a horse and made the best of my
way to the fort for the purpose of procuring
assistance. I informed Mr Culherson the Com
mander at the fort who immedeately started

off with about ten men On our route to
the prairie we met the plaintiff Guinard
and the other two men. Guinard was on
horseback, having saved one of the horses, the
other two were on foot. The other horses
and the Indians were gone. The Indians
were armed some with guns others with
bows & arrows, and lances no attempt was
made by Mr Culherson & his men to follow
after the Indians & horses my own belief is
that it would have cost the lives of us form
who had charge of the horses, to have resisted
the Indians

My wages for the eighteen months of my
engagement were two hundred & fifty dollars
and that was my first trip. Guinard had
been up the missouri before that was not his
first trip. On my arrival at St Louis the
Company wished to deduct a hundred dollars
from the amount of my wages for my share
of the loss of those horses, but I would not
agree to the deduction. finally they reduced
their claim to fifty dollars and I settled
with them at that not that I believed them
to have a just claim against me not that
I belived myself responsible for the loss of
those horses which was unavoidable, but
that being a poor man I was unwilling
to engage in a litigation with a company
so rich, and who in case of a law suit with
them, might cause me to expend double
the amount which they claimed to deduct
at the time of our departure for St Louis
we went to Mr Culherson for the purpose of
settling our amounts I was informed that
my amount was at the yellow stone- In
the settlement of Guinard's amount, no claim whatever was set up against him
for his share of the loss of those horses- neither
was any claim set up against me or that
account.

The only claim against Guinard ,
set up by Culherson was a dedcution of ten
dollars for the reason that one day he had
refused to go hunting. The usual mode of
hunting in that country is to go out on
horseback and if game is killed to pack
it on the horse & return to the fort on foot
This mode is adopted to guard against danger
from the Indians. if attacked going out
the men can more easily escape if attacked
when coming in the meat can be thrown
off and the horse mounted To go out
hunting on foot is very dangerous, and Guinard's
refusal to go out was because he was ordered
to go out on foot

I reside in the town of Kahokia in
the state of Illinois -
Henry his X mark
Sworn to & subscribed
before me the 2nd marh 1836
Wilson Primm J.P.

State of missouri
St Louis County
ss

I Wilson Primm, a Justice of
the peace in and for said county do hereby certify
that Henry
the foregoing deponent, was by me first sworn
to testify the whole truth of his knowledge
touching the matters in Controversy aforesaid,
that he was examined and his examination
by me reduced to writing and by him subscribed
on the day & year, at the place, and between
the hours in that behalf first aforesaid

given under my hand this 2nd day of
march AD 1836 Wilson Primm J.P.

Justices fees$ 2.37 1/2Constables502.87 1/2

paid by plff
W. Primm J.P.

No 89
November Term 1835

Filed April 6th 1836

John Ruland Clk

Book 8-page 50
Judg - book 8- 108

In the St Louis Circuit
Court March Term

Pierre Chouteau Junior
the above named defendant makes oath
that Archibald Hamilton and Alexander Culbertson
are material witnesses for him in the above cause
and that he cannot safely go to trial without
their testimony, that both said Witnesses
are in the Indian Country at a distance
of twenty one hundred miles from St Louis
That the said witnesses at and before the
the commencement of this suit were and ever
since have been in the Indian Country as
above stated, without the of any organized
state or territory, so that this defendant has
not had it is his power to have their testimoney
and this further says that he expects
witnesses in St Louis in the month
of June next, so that he verily believes
that he can have their testimony at the
next term of this - And he further
says that his makes application for a
continuance in order to have a
on and not for the purpose of
next action or delay.

Pr Chouteau Jr
Sworn to and subscribed
before me this 11th April
1836- D J.P.

March Term 1836.

Sub. For Plff

Pierre Chatillon 8th April 1836

Served this writ by Reading & to the
within named Pierre Chattilon on the
8th day of April 1836 in the county
of St Louis

James Brotherton Shff
By M Brotherton D Shff
Service 50

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

You are hereby commanded to summon Pierre Chatillon
that setting aside all manner of execuse and delay, he be and appear in proper person
before the Judge of our Circuit Court , on the 8th 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 Alexander Guinard
isplaintiff and Pierre Chouteau Junior
is defendant on the part of the
plaintiff and have you then there this writ.

Witness, John Ruland , Clerk of our said Circuit Court , at the
City of St. Louis , this 29th
day of March
in the year of our Lord One thousand eight hundred and thirty six
Jn Ruland Clerk, C.C.

Served this writ on Pierre Chatillon on
the 13th day of August 1836 in the county of
St Louis

James Brotherton Sheriff
by Louis Debreuil Dept Sheriff
Service - 50 cts

July Term 1836,

Plff.

Pierre Chatillon

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

You hereby commanded to summon
Pierre Chatillon
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
17th August at the city of St. Louis , then and ther to Testify
and the truth to say in a certain matter of controversy now pending in our said Court,
wherein Alexander Guinard
is plaintiff and P.Chouteau junior
is defendant on the part of the
plff and have you then and there this writ.

Witness, John Ruland , Clerk of our said Circuit Court , at the
City of St. Louis , this 29th day of June
in the year of our Lord one thousand eight hundred and thirty six Jn. Ruland Clerk, C.C.

Served this writ on Pierre Chatillon on the 13th August 1836 in the County
of St Louis

James Brotherton Sheriff
By Louis Dubreiul Deputy
Service $ 5. cts

July Term 1836

Plff

Pierre Chatillon 5 August

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

You hereby commanded to summon
Pierre Chatillon
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
17th 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 Alexander Guinard
is plaintiff and Pierre Chouteau
is defendant on the part of the
plff and have you then and there this writ.

Witness, John Ruland , Clerk of our said Circuit Court , at the
City of St. Louis , this 11th day of July
in the year of our Lord one thousand eight hundred and thirty six Jn. Ruland Clerk, C.C.

Served this writ on John B Sarpy
on the on the 19th day of July 1836
in the County of St Louis Archibald
Hamilton & Alexander Culberson not
found in my County

James Brotherton Shff
By M Brotherton D Shff

Serv $50 2 2575

July Term 1836

sum :

John B.Sarpy
archibald Hamilton
Alexander Culbertson

5 August

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

You are hereby commanded to summon John B Sarpy . Archibald
Hamilton Alexander Culbertson
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 5 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 Alexander Guinard is
plaintiff and Pierre Chouteau Jr is
defendant on the part of defendant
and have you then and there this writ.

Witness, John Ruland , Clerk of our said Circuit Court , at the
City of St. Louis , this fifteenth day of July
in the year of our Lord one thousand eight hundred and thirty six John Ruland Clerk, C.C.