John Colter v. Edward Hempstead
Item
John Colter V. Edward Hempstead. 1809, St. Louis Circuit Court Historical Records Project, accessed October 2, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60543
- Case Title
- John Colter v. Edward Hempstead
- Series
- Lewis and Clark
- Plaintiff
- Colter, John
- Defendant
- Hempstead, Edward (Executor)
- Lewis, Meriwether (Estate of)
- Date Filed
- 1810
- Filing Date
- 1810
- Plaintiff’s Attorney
- Graham, J. A.
- Defendant’s Attorney
- Hempstead, Edward
- Court Name
- District of St. Louis, Court of Common Pleas
- Court Term
- 1810-11
- 1811-03
- Judge
- Bent, Silas
- Clerk
- Riddick, Thomas F.
- Sheriff
- McNair, Alexander
- Cause of Action
- Trespass on the Case
- Case Notes
- Estate of Meriwether Lewis; for services in Corps of Discovery; witness William Clark; lists Jacob Philipson
- Case Number
- 38
- Identifier
- ccr1810.01092.008
- Source
- Missouri State Archives - St. Louis
- Rights
- Public Domain
- PDF Download
- Download PDF of all images
- Transcription
-
**John Colter vs. Edward Hempstead**
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**Page 1** (1092_001.jpg)
> *Legal Function: Complaint*
District of St. Louis [illegible]
John [illegible] complains of Edward [illegible] Hemp
stead, administrator of all and [illegible] signature the
[illegible] which were of
[illegible] Meriwether Lewis , [illegible] both of said district who
[illegible] died ? ? said/ of a plea of [illegible]
on the case 26th. And whereupon the said
John [illegible] that whereas the saith [illegible] Meriwether in his life time, to writ, the fourth day
of May in the year of our Lord one thou
sand eight hundred and nine, at the district
aforesaid, was [illegible] indebted to the said [illegible] John in
the sum of five hundred fifty [illegible]
lawful money of the United States , for a
[illegible] like sum of money before that time had
and received to and for the use of the said
John; and being so indebted the aforesaid
[illegible] Meriwether , in association thereof, upon
himself [illegible], and then [illegible] & there faithfully
[illegible] that the aforesaid [illegible] sum of [illegible] mo
ney when he should be thereunto required
[illegible] would [illegible] and truly pay to the said
John, and [illegible] him in that behalf content
\- [illegible] Nevertheless the said [illegible] Meriwether Lewis pro
[illegible] mise and [illegible] assumption in [illegible] form aforesaid [illegible]
made not regarding, but containing and [illegible] fraudulently intending him the said John in this
---
**Page 2** (1092_002.jpg)
behalf [illegible] craftily and [illegible] subtly to [illegible] deceive &
defraud, the aforesaid sum of five hundred
& fifty nine dollars or any part thereof, during
his lifetime, to the said John [illegible] not paid,
[illegible] nor the said Edward administrator as [illegible] afore
said, since the death of the said [illegible] Meriwether
in his lifetime, and the said Edward [illegible] since he
became administrator, were often required
But the same to him to pay [illegible] altogether re
fused, [illegible] & the same to him to pay the said
Edward still both refuse. Whereupon the
said John says he is [illegible] and [illegible]
and thereupon [illegible] being said [illegible]
*[illegible]. A. Graham
[illegible]*
> *Legal Function: Complaint Part 2*
Money received by [illegible] Meriwether Lewis from
the [illegible] war department on [illegible] of John Cotter,
for wages [illegible] due said Cotter, for services render
ed in “a [illegible] corps of [illegible]
discovery ?“ and in lieu of [illegible] clothing & [illegible] rations not furnished him
| | |
|---|---|
| [illegible] to stipulation | \$380.00 |
| Extra pay allowed by [illegible] congress | 179.00 |
| | \$559.00 |
---
**Page 3** (1092_003.jpg)
> *Legal Function: Defendant's Plea*
Edward Hempstead
adm. of [illegible] M Lewis
advs
John Colter
The Defendant pleads that at [illegible] time
of exhibiting the plaintiffs [illegible] to [illegible] writ on the
day of [illegible] August? in the [illegible] Year one thousand eight hundreds &
[illegible] at the Town & District of Saint Louis [illegible] had [illegible] of the
said [illegible] to the appraised value of One thousand and
one Dollar's and seventy cents, according to the inventory
& apraisement in the office of the Judge of probate
for the District of St Louis , that on the twenty second day
of August aforesaid, a part of said [illegible] Estate was by him [illegible]
[illegible] to public sale. On a [illegible] of six months [illegible]
the amount of four hundred thirty eight Dollars and
there [illegible] remains in his hands unsold uncollected [illegible] & unpaid & notes to the appraised value of Five hundred
ninety two dollars [illegible] &seventy cents. (out of which is to be
deducted the charge & fees of the administration) that
the following demands have been presented to him as [illegible] of said Estate - [illegible] ToWrit?.. -
| | | |
|---|---|---|
| rend="bracketed"> Jacob Philipson on [illegible] Decree of the Court of
Common Pleas. St Louis District balance due | [illegible]
361.61 | |
| Alexander [illegible] underseal against said [illegible] Lewis | 750- | |
| James [illegible] note - against said [illegible] Lewis | [illegible] | |
| Pierre [illegible] - a protested bill of exchange | 18.75 | |
| [illegible] - [illegible] note - against said Lewis | 30.75 | |
| [illegible] note - against said Lewis | 10.- | |
| [illegible] judgment obtained by [illegible] G. [illegible] against
the Defendant as administrator [illegible] to the court
of common pleas for the District of St Louis | 48.0 | |
| William H. [illegible] Thomas protested Bill of [illegible]
for | \$220. | |
| Charles [illegible] Sanguinette note against said [illegible] for | \$125.00 | |
| The Plaintiffs demand and in this [illegible] sum | 559.00 | |
| | \$2842.00 | |
Amounting in the whole to the sum of Two thousand Eight
hundred Forty two Dollars [illegible] Cents. which leaves the said Estate
insolvent, not calculating the charges & fees of administration
not [illegible] yet ascertained to the amount of One thousand eight
hundred [illegible] & Eleven Dollars, Fifty Six Cents - and that [illegible] no
other Goods - or [illegible] chattels - of the said [illegible] have [illegible] since come
to his hands.
All which he is ready to verify [illegible]--
*E . [illegible] Hempstead . [illegible] A [illegible]*
---
**Page 4** (1092_004.jpg)
> *Legal Function: Defendant's Plea Part 2*
Hampstead [illegible]
of [illegible] M. Lewis
adv-
[illegible] Colten
38
filed Nov. Term 1810
> *Legal Function: Defendant's Plea Part 3*
Plea [illegible].
*[illegible]. A. [illegible] Graham. [illegible]*
---
**Page 5** (1092_005.jpg)
> *Legal Function: Summons*
Territory Of Louisiana , District Of St. Louis sct. The United States of America to the [illegible] of St. Louis
District-Greeting.
You are hereby commanded to summons Charles [illegible] Sanguinette & William Clark
that setting aside all manner of excuse and delays [illegible] they be and
appear in proper person before the judges of our Court of common pleas on the Eighth
day of [illegible] March day of March [illegible]
then there to testify and the truth to say in a cer-
tain matter of controversy now pending in our said court, wherein [illegible] John ?
is plantiff and Edward Hampstead
administrated [illegible]
defendant on the part of the [illegible] and have you
then there this writ.
*Witness [illegible] pre-
fiding judge of our said court at the town of St. Louis the
Tenth day of March
the year of our Lord, one thousand eight hundred and
eleven and of the Independence of the
United States the thirty fifth [illegible] Clerk of St. L . D . C. P.*
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**Page 6** (1092_006.jpg)
> *Legal Function: Summons (cover)*
St. Louis Com Pleas
March Term 1811
Edward [illegible]
adm. of [illegible]
Levis
advs
John Cotter
[illegible]
*Executed
[illegible] A McNair , Shff*
> *Legal Function: Sheriff's Bill of Costs*
| | |
|---|---|
| 2 [illegible] | 66 cents |
| | 80 |
| | 1.46 |
| | .20 |
| | 1.66 |
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**Page 7** (1092_007.jpg)
> *Legal Function: Summons of Edward Hempstead*
Territory of Louisiana
District of Saint Louis
[illegible] The United States of America
to the Sheriff of the district of Saint
Louis greeting
We command you to summons Edward [illegible] Hempstead of the goods and Chattels, rights and Credits of
[illegible] Meriwether Levis deceased if he may be found within your
[illegible] Bailiwick that he be and appear before the judges of our Court
of Common pleas to the holden at the Town of Saint Louis in
and for the district of Saint Louis on the first Monday of
November next then there to answer [illegible] unto John Colter of a
plea of [illegible] on the case to the damage of the said John
Cotter the Sum of Six hundred dollars and have you
then there this writ
*Witness the [illegible] Honob. Silas Bent , Esquire
presiding judgesaid [illegible]
town of Saint Louis aforesaid this
fourteenth day of September in the year of [illegible]
One thousand Eight hundred and Ten
and of [illegible] our Independence the thirty
fifth [illegible] Riddick [illegible]*
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**Page 8** (1092_008.jpg)
> *Legal Function: Caption*
No 38.
John Colter
vs
Edward [illegible] Hempstead
administrator of
[illegible] Meriwether Lewis
Nov. 1810
[illegible] Trespass on the [illegible] case
*[illegible]
Executed
[illegible]
[illegible]80 cents*
John Colter V. Edward Hempstead. 1809, St. Louis Circuit Court Historical Records Project, accessed October 2, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60543