United States v. Aske nawa, Aske na wa (the young man)

Item

United States V. Aske Nawa, Aske Na Wa (the Young Man). 1810, St. Louis Circuit Court Historical Records Project, accessed October 2, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60551

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Case Title: United States v. Aske nawa, Aske na wa (the young man)
Series: Native Americans
Plaintiff: United States of America
Defendant: Aske nawa, Aske na wa (the young man)
Date Filed: 1811
Filing Date: 1811
Plaintiff’s Attorney: Crittenden, Thomas T.
Defendant’s Attorney: Allen, William O.; Brakenridge, Henry M.
Court Name: St. Louis Circuit Court
Judge: Stuart, Alexander; Bent, Silas
Clerk: Riddick, Thomas F.
Justice of the Peace: Thos.
Sheriff: McNair, Alexander
Sworn Declarant: Winn, Thomas; Sanguinette, Charles; Wilkenson, Joseph; Baird, James; Robidoux, Antoine; Sanguinett, Christopher; Guion, Vincent; Austin, Horace
Juror: Sanguinette, Charles; Bissonnette, Joseph; Deshuquet, Henry; Didier, Pierre; Chouteau, Paul; Morin, Joseph; Baptiste, Gerar; Grimo, Alexander; Guitard, Paul; H.; Molfort, Liam; Fugate, William; Baird, James
Cause of Action: Murder
Case Notes: Askenawa, a Mascoutah Indian, accused of striking victim Othepa Ya, an Indian woman, opposite the bake house of Madame Robidoux.
Identifier: ccr1811.06496.044
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **United States v. Aske nawa, Aske na wa (the young man)**

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**Page 1** (6496_001.jpg)
> *Legal Function: Affidavit of Thomas Winn, Jr.*

District of Saint Louis [illegible]
Thomas Winn being duly sworn on the holy Evangelists[?]
of almighty[?] god deposeth and saith that he was in view
where there were one indian woman and three
Indian men which appeared to be in conversation with
each other, when one of the man (whose name I am
informed is Aske nawa[?] the young man) struck the
woman on the right side side of the neck with a
bunch of arrows which appeared to be in a tangled
position. the woman then ran across[?] the street
and the next thing I saw, was, the woman lying[?]
in Mr. Beards[?] B. Smith Shop, she was then taken
out of the shop by Mr.[?] Beard and a couple of Indians
and laid at the end of the shop near where the
act was commited. I than waited on Doct. Farrow[?]
while he endeavoured[?] to give the woman some
assistance,[?] but she in a short time expired which
I belive was occasioned[?] from a wound in the neck
which was given at the time of the stroke with
the bunch of arrow by the above named Indian
the above mentioned Indian woman is by name (as I am informed) Othipaya[?] Or the head

*Thos Winn Jr[?]
Sworn to and subscribed[?]
before the coroner[?] of the
District[?] of S[?] Louis 27th May A. D 1811
John W . Honey[?]*

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**Page 2** (6496_002.jpg)

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**Page 3** (6496_003.jpg)
> *Legal Function: Affidavit of Charles Sanguinette*

District of St Louis Sct
Charles Sanguinette being duly sworn on the
holy Evangelists[?] of Almighty[?] God deposeth and saith[?] that he
the deponent[?] this twenty seventh day of May one thousand
eight hundred and eleven saw an indian man standing
with an indain woman in the street of St. Louis[?] opposite
the lake[?] house of madame Robidoux[?] that the said Indian
man appeared to be talking[?] with the said Indian woman
that there was two other Indain men standing by them
that one of the Indains that was standings by mounted a
horse, that when he had mounted on the horse the said
Indain woman cauth hold of the bridle[?] [illegible] [illegible]
the horse and walk[?] a few steps leading the horse after
her that the indian man which had been talking with
the said indian woman walk[?] round the house which
when the said indian woman saw she went to the
side of the house by an old Indian man. that the Indian
man who had been talkings with the said Indian woman
took an arrow (not armed) made of wood &[illegible] struck
the said indian woman on the neck[?] does not recollect[?]
whether on the right or left side that the Indian
woman immediately run off[?] I further[?] saith not

*Charles Sanguinet[?] Sworn[?] to before me the
Subscriber[?] of the
District of S[?] Louis 27th
may A. D. 1811 John W Honey[?]*

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**Page 4** (6496_004.jpg)

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**Page 5** (6496_005.jpg)
> *Legal Function: Conclusion of the Jury of Inquest for the Death of Othepa Ya*

Territory[?] of Louisiana
District of S Louis[?]
The undersigned[?] a jury[?] of inquest[?] over
The body of Othepa Ya[?] ya (or the head) an Indian[?] woman now lying dead in[?] the streets of St Louis opposite[?] the house of
Madame Roubideaux[?] upon our oaths[?] do present
and say that[?] she came by her death in consequence[?]
of a wound in the right[?] side of the neck[?] in or near
the jugular vein[?], given her by an Indian man[?] by
the name of Aske nawa[?] (or the young man) - and belonging[?]
to the Mascoutah[?] - tribe[?] of Indians[?] and are therefore
of opinion[?] that said Indian[?] woman now lying dead[?] was willfully murdered[?] by said Indian[?]
man.
Given under[?] our hand at[?] St Louis
this 27th May 1811

*[illegible] Foreman[?]
Joseph his X mark Bissonnette[?] Norman his X mark[?] [illegible] henry[?] his X mark Deshuquet[?] Pierre Didier[?] [illegible] Paul[?] his X mark Chouteau[?] Joseph his X mark Morin[?] Baptiste[?] his X mark Gerar[?] [illegible] his X mark [illegible] Charles Sanguinet[?] Alexander Grimo[?] his X mark [illegible] [illegible] Paul his X mark Guitard[?] H[?] [illegible] Adam Wolfort[?] Wm Fugate[?] [illegible] James Baird[?] John W . Honey[?] coroner of St Louis district*

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**Page 6** (6496_006.jpg)
> *Legal Function: Other*

Coroners Fees[?]
|   |   |
|---|---|
| For[?] viewing the body[?] of Othipa[?] ya (or the head) - | $ 3. 00 |
| Seventeen Jurors @[?] 50 cts[?] - - - - - - - - - | 8 . 50 |
| Summoning & Qualifing[?] three witnesses[?] - - - - - | 60 |
| Constables[?] fees | & 12.10 |
| Summoning 3 Witnesses[?] - - - - - - - - - - - - | 50 |
| Summoning &[?] [illegible] 18 Jurors[?] - - - - - | 1.80 |
| | & 2 . 30 |
> *Legal Function: Certificate of Filing*

filed[?] 27 th May 1811

*[illegible]*

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**Page 7** (6496_007.jpg)
> *Legal Function: Affidavit of Joseph Wilkenson*

District of Saint Louis Sct
Joseph Wilkenson[?] being duly sworn on the holy Evangelists[?]
of Almighty[?] god deposeth and saith that he is a surgeon
and that he has emaxined the wound on the body of Othepa
Ya[?] otherwise called the head an Indian woman now lying dead in the street[?] of S[?] Louis opposite the house of madame Roubidous, that[?] that he is perfectly[?] satisfyed that the
death of the said Othepa[?] Ya was occasion by the said
wound that the said wound - was upon the
right side[?] of the neck[?] and appeared
to have been about the[?] [illegible]
in [illegible] I further[?] saith not

*[illegible] Sworn to and Subscribed[?]
before me Coroner[?] of the district[?] of St.Louis 27th May
1811
John W Honey
[illegible]*

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**Page 8** (6496_008.jpg)

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**Page 9** (6496_009.jpg)
Territory of Louisana[?]
District of Louis Sc The United States[?] of America to
the constable[?] of S Louis township
Greeting.
You are hereby commanded to summon
eighteen good and Lawful men, house holders of this
township, forthwith[?] to appear before me a justice
of the peace a[illegible] as coroner,[?] to serve as a jury
of Inquest on a dead Body[?] now lying in the streets
of S Louis apposite the House of Madame Roubideaux[?] [illegible] S Louis , The body supposed[?] to be that of an[?] Indian woman

*Sworn under[?] my hand[?]
at St.Louis this 27th May 1811 Thos[?] [illegible] JP acting[?] as Coroner[?]*

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**Page 10** (6496_010.jpg)
Othipa[?] Ya or the [illegible]
> *Legal Function: Certificate of Execution*

Charles Sanguinett[?]
Joseph Besonett[?]
Norman McKinzie[?]
Henry[?] Des huquet
Pierre Didier[?]
Paul[?] Chouteau
Joseph Morine
Baptiste Gerar[?]
Alex. Grimo [illegible] Charpentier[?]
[illegible] Gigon
Paul Guitarr[?]
[illegible]
Adam Wolfort
Wm[?] Fugate
Peter Primm
Saml[?] So[illegible]omon
James Baird
Wm Chrisly[?]

*Summoned[?] the
above May 27 1811 Alex[?] his X Bill[?] [illegible] Constable*
S Louis District[?]
Warrant[?]

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**Page 11** (6496_011.jpg)
> *Legal Function: Writ of Recognizance*

Be it rmembend that on this twenty ninth day of may in the
year of our Lord one thousand Eight hundred and eleven
personally came and appeand before me John W Honey
Coroner[?] for the District[?] of Saint[?] Louis Thom[?]as [illegible]
Charles Sanguinette and Joseph[?] Wilkinson on who acknowledged[?]
themselves to stand in indebted[?] unto the United[?] Sates of
America in the sum of[?] one hundred dollars[?] each to be
levied of[?] their respected[?] goods and chattels hands[?]
and tenements[?] if Default be made
The condition[?] of the above recognizance[?]
is such that is the above named Thomas Winn Junior[?]
Charles Sanguinette[?] and Joseph Wilkenson[?] shall personally
be and appear at the next court of[?] oyer and [illegible]
to be holden[?] at the town of S Louis[?] in and for the distritc of[?] Saint Louis then and there to deliver and
set forth[?] their knowledge[?] touching the death of Othepa[?]
Ya (or the head) and do not depart the said court[?]
without leave thereof then this recog[?] nizance to be
void else to he and [illegible] full force and virtue[?]
in law[?].

*In witness[?] whereof the said Thomas Winn
junior Chacles Sanguinette and Joseph Wilkenson[?] have hereunto[?] set their hands
and sals[?] at St Louis the day and year
above Written[?] Thos Winn[?] Chas Sanguinet[?] Wilkenson, J[?] signed [illegible] acknowledged
before me Coroner[?] for the
district[?] or St. Louis day 2 year
aforesaid
John, W, Honey*

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**Page 12** (6496_012.jpg)
> *Legal Function: Writ of Recognizancem, part 2*

Thomas Winn Junior
Charles Sanguinette
Joseph Wilkenson[?]
to
United[?] States
Recognisance
Filed[?] 29th May 1811

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**Page 13** (6496_013.jpg)
> *Legal Function: Certificate of Execution*

Excuted by making
proclamation a
copy of which is here
to attached

*A McNair Shff[?] [illegible]*
A[?] [illegible] sheriff of
of St Louis

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**Page 14** (6496_014.jpg)

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**Page 15** (6496_015.jpg)
> *Legal Function: Public Notice of Murder Trial and Requirement that Concerned Persons Attend*

Proclamation[?]
Where as the honourable John[?] B C Lucas one
of the Judges of the general court for the
territory of Louisiana has by his order
directed to the sheriff of the destrict of
Saint Louis bearing date the fourth day
of july instant ordered a court of oyer &[?]
terminer &[?] general jail[?] delivery to be
holden at the court house for the distict
of Saint Louis on Monday the twelfth[?]
day of August[?] next ensuing, the attendant[?]
where of he has assigned to himself for the
trial of all offences punishable with death
by the laws of this territoy and more
Especially[?] for the trial of a certain Indian[?]
of the mascoutah tribe named Askena
wa[?] or the young man on a charge
made on oath of having committed
the crime of murder in the district aforesaid[?]
on an indian woman there fore in
obediance[?] to the law[?] of this territory and
the requsition of the writ
Public[?] notice is hereby given that
a court for the purposses aforesaid will
be held at the term and place aforesaid all
persons concerned are required to give there
attendance of the law directs at there paril
St louis july 8th 1811 a copy

*A McNair Shff[?] [illegible]*

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**Page 16** (6496_016.jpg)

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**Page 17** (6496_017.jpg)
> *Legal Function: Order to Prepare for a Court of Oyer and Terminer*

To the sheriff[?] of the district[?] of St Louis
Whereas a notice[?] under the hand and seal of
A McNiar[?] sheriff of the District of St Louis[?], dated the
third of June last past, hath[?] been given to me one of
the judges[?] in and over the territory[?] of Louisiana ,[?] by
which it appears[?] that a certain[?] Indian of the Macoutan named Askena wa[?] or the young man has been
committed[?] in the goal of the District of
St Louis[?]
and remains and remains under the Custody[?] of
said sheriff on a charge made upon[?] oath of
having committed[?] the crime[?] of murder[?] in said district[?]
on a certain Indian[?] women and in as much[?] as I
am induced[?] to belivethat the honorable John[?]-
Coburn[?] presiding judge[?] of thegeneral court[?] of this
Territory[?] is absent from[?] the same therefore I have
assigned[?] to my self the attendance of a court of
oyer[?] and terminer[?] and general[?] jail delivery[?] in the
district of St Louis ,[?], and I hereby command[?] the
the sheriff[?] of said district to do and perform[?] all and [illegible]
those things which the law[?] in such case[?] [illegible]
prescribes[?] for the holding[?] of a court[?] of oyer[?] and
terminer[?] and general jail delivery in[?] the afore[?]-
said district[?], whose sitting shall commence on monday[?] the twelfth[?] of the month[?] of August[?] next
ensuing[?]
in Testimony[?] whereof[?] I have hereunto[?]
set my hand and seal at my Chamber in St Louis Territory[?] of Louisiana[?] the fourth day of July
A. D 1811 and of the independence of the United States the[?] the thirty sixth

*John[?] B .C. Lucas[?]*

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**Page 18** (6496_018.jpg)

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**Page 19** (6496_019.jpg)
> *Legal Function: Order to Summon a Grand Jury*

To the Sheriff of the district of St Kiyus[?]
in the Territory[?] of Louisiana[?]
you are here by commanded[?] to summon[?] twenty four
good and lawfull men[?] to serve[?] as grand jurors[?] at a court of oyer[?] and terminer[?] and general[?] gaol deli[?]-
very, ordered[?] to be held in the afore[?] said district
of St Louis[?] on the twelfth[?] day of this present month[?] to inquire into all offences and crimes punishable-[?]
with death[?] that may have been committed[?]
in the afore said district by a certain Indian of the Mucoutan[?] tribe named Askenawa[?] or the young
man for which the said indian is committed
in the gaol of the said[?] district of st Louis[?], and
make such presentations[?] and do all those things
which ought[?] to be done by a grand inquest here in fail not at your peril[?], and have you
then and thre this writ[?]

*In witness where of, [illegible] one of the judges of the
general court[?] general court of the Territory of Louisiana[?] have here
[illegible]
set my hand and seal at my [illegible] in the you
of [illegible] said, the first day of august
A. D.1811 and of the independance of the [illegible] states of [illegible] The thirty sixth united states of America the thirty-sixth[?]*

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**Page 20** (6496_020.jpg)
> *Legal Function: Certificate of Execution*

in obediance[?] to the within order[?] I have summoned twenty four men[?] to [illegible]

*Charles Gratiott[?] B B Bortheul[?] Thomas Bready>[?] [illegible] Charles Busson Andrew Sandrevill[?] David Deloney[?] Gregoire Sarpy[?] August R Chouteau[?] Charles Sangunett[?] Patrick Lee[?] Peter Didier[?] James[?] [illegible] Abraham Galletin[?] William Christy[?] Jeremiah Conner[?] Peter Primm[?] Rufus Smitt[?] E Toron[?] Stepheno Hempstead[?] Horis Austin[?] John A Bright[?] John Skeggs[?] Adam Woolford[?] John C[?] [illegible] A Mcman Shff[?] [illegible]*
Alexander McNair Esq[?]
Sheriff of[?] the District[?] of St Louis[?]

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**Page 21** (6496_021.jpg)
> *Legal Function: Subpoena of James Baird and Antoine Robidoux*

Territory Of Louisiana , District Of St. Louis sct. The United States of America , to the Sheriff[?] of St St. Louis[?]
Distict-Greeting.
You are hereby commanded to summons James Baird & Antoine Robidoux[?] that setting aside all manner of excuse and delay they be and appear in proper
person before the judges of our Court of Oyer[?] & Terminer[?] on the twelvth
day of August instant next[?] , at the town of St. Louis , then there to testify and
the truth to say in a certain matter of controversy now pending in our said court,
wherein the United States[?] is plaintiff and Askenawa[?] defendant, on the part of the United States[?] and have you then there this writ.

*Witness the honorable John B C Lucas[?] Esquire pre-
sinding judge of our said court, at the town of St. Louis , the
ninth day of August in the year of our
Lord, one thousand eight hundred and eleven and of
the Independence of the United States , the thirty sixth
Thos[?] F .[?] Riddick[?] Clerk of St. L. D.*

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**Page 22** (6496_022.jpg)
> *Legal Function: Caption*

District of Saint Louis
Court of Oyer[?] & Terminer[?]
12th august 1811
The United States[?]
vs
Askenawa[?]
Subponea[?]
[illegible]
Executed[?]

*A McNair Shff[?] [illegible] Fee 66 cents[?]*

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**Page 23** (6496_023.jpg)
> *Legal Function: Summons for Witnesses Thomas Winn, Jr. and Hypolite Bolon*

Territory Of Louisiana , District Of St. Louis sct. The United States of America , to the Sheriff of St St. Louis
District - Greeting.
You are hereby commanded to summons Thomas Winn Junior & Hypolite Bolon[?]
that setting aside all manner of excuse and delay they be and appear in proper
person before the judges of our Court of Oyer[?] & Terminer[?] on the twelvth
day of August instant next[?]at the town of St. Louis , then there to testify and
the truth to say in a certain matter of controversy now pending in our said court,
wherein The United States is plaintiff and Askenawa[?]
defendant, on the part of the United States and have you then
there this writ.

*Witness the honorable John B C Lucas[?] Esquire pre-
siding judge of our said court, at the town of St. Louis , the
ninth day of August in the year of our
Lord, one thousand eight hundred and eleven[?] and of
the Independence of the United States , the thirty sixth Thos F. Riddick[?] Clerk of St. L. D.*

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**Page 24** (6496_024.jpg)
> *Legal Function: Caption*

District of St[?] Louis
Court of Oyer[?] & Terminer[?]
12th august 1811
The United States
vs
Askinawa[?]
Subponea[?]

*Executed[?] A McNair Shff[?]
Fee 66 cents[?]*

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**Page 25** (6496_025.jpg)
> *Legal Function: Summons for Witnesses Charles Sanguinette and Joseph Wilkenson*

Teritory Of Louisiana , District Of St. Louis sct. The United States of America , to the Sherrif of St St. Louis
District-Greeting.
You are hereby commanded to summons Charles Sanguinette & Joseph[?] Wilkenson
that setting aside all manner of excuse and delay they be and appear in proper person before the judges of our Court of oyer & Terminer- on the twelvth
\- day of August instant[?] next[?]at the town of St. Louis , then there to testify and
the truth to say in a certain matter of controversy now pending in our said court,
wherein the United States - is plaintiff and Askenawa[?]-
defendant, on the part of the United States - and have you then there this[?] writ.

*Witness the honorable John B C Lucas[?]- Esquire pre-
siding judge of our said court, at the town of St. Louis , the ninth- day of August- in the year of our
one thousand eight hundred and eleven and of the Independence of the United States , the thirty sixth[?] Thos[?] F .[?] Riddick[?] Clerk of St. L. D.*

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**Page 26** (6496_026.jpg)
> *Legal Function: Caption*

District of Saint Louis
Court of Oyer &[?] Terminer 12th august 1811 -
The United States
vs
Askenawa
Subponea[?]
[illegible]
Excuted

*A McNair Shff[?] [illegible]
Fee 66 cents[?]*

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**Page 27** (6496_027.jpg)
> *Legal Function: Caption*

United States
vs
Askenawa[?]
Indictment
for
murder
A True[?] Bill

*[illegible] Forman[?]*

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**Page 28** (6496_028.jpg)

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**Page 29** (6496_029.jpg)
> *Legal Function: Other*

Court of Oyer[?] and Terminer[?] and General Jail[?] delivery held on
the 12th of August 1811 in the Town of St Louis territory of Louisiana[?]
The grand Jurors[?] of the United[?] States of America impanneled[?] and
sworn[?] to inquire[?] for the body of the district of St[?] Louis in the terrtory
of Louisiana[?] and upon their[?] oaths represent[?] that Askenawa[?] an indian
man belonging to the Mascoutan[?] tribe, late[?] of the distract and ter-;
ritory aforsaid[?], not having the fear of God before his eyes, but
being moved and reduced by the instigation[?] of the devil on the
the twenty seventh day of May in the year of our our lord one
thousand eight hundred and eleven with force and arms in
the district[?] and territory aforsaid[?] in and upon one Othepaya[?]
an Indian woman, in the peace of God and of the [illegible] United States
then and there being, feloneously, wilfully[?] and of his malice aforthought did make an assault; and that he the said Aske[?]
nawa[?] with a certain arrow of the value of ten cents[?] which
he the said Askenawa[?] in his right hand then and there
had and held, the same Othepaya in and upon the left side
of the neck[?] in or near[?] the Jugular[?] vein of her the said
Othepaya[?], then and there feloneously, wilfully[?] and of his malice[?]
afor thought did strike[?] and thrust giving to the said Othepaya[?]
then and there with the arrow aforsaid[?] in and upon the left
side of the neck in or near the Jugular vein[?] of her the
said Othepaya one mortal wound of the breath of one
inch and of the depth of six inches of which said mortal[?]
wound in the year aforsaid,[?] in the district and territory
aforsaid, the said Othepaya did instantly[?] die and so

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**Page 30** (6496_030.jpg)
the sworn aforsaid[?] on their oaths aforsaid[?] do present that
the said Askenawa ,[?]the said Othepaya , in manner and
form aforsaid,[?] feloneously wilfully[?] and of his malice aforthoght[?]
did kill and murder; Contrary[?] to the form of the
statute in such cases made and provided and against the
peace and dignity of the United States[?]

*Tho T Crittenden atto Genl.[?]*

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**Page 31** (6496_031.jpg)
> *Legal Function: Summons for Witnesses Christopher Sanguinette and Vincent Guion*

Territory Of Louisiana District Of St. Louis sct. The United States of America , to the Sheriff[?] of St St. Louis
District - Greeting.
You are hereby commanded to summons[?] Vincent Guion[?] and Christohper Sanguinett[?]
that setting aside all manner of excuse and delay they be and appear in proper
person before the judges of our Court of Oyer & Terminer[?] on the twenty
sixth day of August instant[?] next[?] at the town of St. Louis , then there to testify and
the truth to say in a certain matter of controversy now pending in our said court,
wherein The United States is plaintiff and Askenawa[?]
defendant, on the part of the United States and have you then
there this writ.

*Witness the honorable John B C Lucas[?] Esquire pre-
siding
judge of our said court, at the town of St. Louis , the
twenty second day of august in the year of our
Lord, one thousand eight hundred and eleven and of
the Independence of the United States , the thirty sixth[?] Thos F Riddick[?] Clerk of St . L. D.*

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**Page 32** (6496_032.jpg)
> *Legal Function: Caption*

St Louis[?] Court of
Oyer & Terminer[?]
August 1811
The United States
vs
Askenawa[?]
Subpeona[?]
Vinvent Guion[?]
&[?]
Christophe[?]
Sanguinett[?]
Executed[?]

*A. McNair[?]
Sheriff[?]
Service 66 cents[?]*

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**Page 33** (6496_033.jpg)
> *Legal Function: Summons for Witness Horace Austin*

Territory Of Louisiana , District Of St. Louis sct. The United States of America , to the Sheriff of St St. Louis
District- Greeting.
You are hereby commanded to summons Horrace Austin
that setting aside all manner of excuse and delay he be and appear in proper
person before the judges of our Court of Oyer & Terminer[?] on the twenty
sixth day of August instant next[?] at the town of St. Louis , then there to testify and
the truth to say in a certain matter of controversy now pending in our said court,
wherein The United States is plaintiff and Askenawa[?]
defendant, on the part of the United States and have you then
there this writ.

*Witness the honorable John B C Lucas[?] Esquire pre-
siding judge of our said court, at the town of St. Louis , the
twenty second day of August in the year of our
Lord, one thousand eight hundred and eleven and of
the Independence of the United States , the thirty sixth[?] Thos S. Riddick[?] Clerk of St. L. D.*

---

**Page 34** (6496_034.jpg)
> *Legal Function: Caption*

St[?] Louis County
Court of Oyer[?] & Terminer[?]
August 1811
The United States
vs
Askenawa[?]
Subpoena[?]
Horace Austin[?]
Executed

*A. McNair[?] Shff[?] service[?] 33 [illegible]*

---

**Page 35** (6496_035.jpg)
> *Legal Function: Order to Summon Jurors*

Territory of Louisiana[?]
District of St louis[?] ss. The United States[?] of America[?] to the sheriff of St Louis District[?]
We command you to summons Twenty four-[?]
good and lawful[?] men of your Bailiwick[?] that they be and appear before[?] the court of Oyer[?] and Terminer now sitting[?] in order[?] that
they then serve[?] [illegible] jurors[?] for the body[?] of the district[?]
of St Louis[?] at a court now holding[?] and [illegible] that they
be[?] and appear[?] forforthwith[?] [illegible] you[?]
shall execute[?] this writ and have you then there this[?] writ.

*Witness[?] the the hon'l[?] John B C Luc[?]as
presiding judge of our said court at St Louis[?] this twenty sixth of[?] August one[?]
thousand eight hundred and eleven and of our Independence[?] the thirty sixth[?] Thos F Riddick Clk[?]*
> *Legal Function: Certificate of Execution*

[illegible] of the above order I do return the[?]
following Jurors[?] as summoned[?] to writ
1 Charles[?]
2 David Delanney[?]
3 August P. Chouteau[?]
4 Thomas Brady[?]
5 Charles[?] [illegible]
6 Peter Didier[?]
7 James Baird[?]
8 Peter Primm[?]
9 Ephraim Tamm[?]
10 Stephen Hempstead[?]
11 John[?] A Bright[?]
12 [illegible]
13 John C Lutty[?]
14 Charles[?] [illegible]
15 Frederick Weber[?]
16 Robert Armstrong[?]
17 [illegible]
18 William Nelson[?]
19 Peter[?] [illegible]
20 [illegible] Fair[?]
21 Thomas[?] [illegible]
22 Cornelius[?] [illegible]
23 John Rowser[?]
24 Ezekiel Solomon[?]

*A McNair Shff SLD[?]*

---

**Page 36** (6496_036.jpg)
> *Legal Function: Caption*

St.Louis District
court of Oyer & Terminer[?]
The United States
vs
Askenawa[?]
[illegible]

---

**Page 37** (6496_037.jpg)
> *Legal Function: Order to Summon Petit Jurors*

Territory[?] of Louisiana
District[?] of Saint Louis sct
[illegible] The United States of America to the
Sheriff[?] of Saint[?] Louis District[?]
Greeting
We command you to Summons[?] forty Eight
good and lawful[?] men of your district[?] that they be and
appear in their proper persons[?] before the judges of our Court
of Oyer[?] and Terminer[?] on Monday[?] the second day of
September next at [illegible] Oclock[?] in the forenoon[?] of that
day then and[?] there to serve as jurors[?] on the trial[?] of a
certain Bill[?] of Indictment[?] of the United[?] States against
Askenawa[?] an Indian[?] man of the Mascoutan tribe[?] for
the murder[?] of Othepaya[?] an Indian[?] woman and
make you due return[?] how you execute[?] this writ[?] and
have you then there this writ

*Witness[?] the Honbl JOhn B C Lucas Esquire presi-ding Judge[?] of our said Court at the town[?]
of Saint[?] Louis aforesaid this twenty-
seventh day of August-in the year
of our Lord[?] one Thousand Eight
hundred and eleven and of
the Independence[?] of the United[?]
States the thirty sixth[?] Thos S. Riddick Clk[?]*

---

**Page 38** (6496_038.jpg)
> *Legal Function: Certificate of Execution*

In obediance to the within[?] order I have summoned[?]
forty Eight men[?] as follows ([illegible])
1 Risdon H . Price[?]
2 William[?] [illegible]
3 John M , Knight.
4 John G[?] [illegible]
5 Joshua Falkner[?]
6 William Bridger[?]
7 Peter Chouteau Jr[?]
8 Manuel Tison[?]
9 Pascal Cere[?]
10 John JOhn Sappington[?]
11 Joseph Conaway[?]
12 Richard Caulk[?]
13 Joseph Wells[?]
14 Samuel Means[?]
15 Richard Chitwood[?]
16 Seth Chitwood[?]
17 James Dowlin[?]
18 Juthan Rindle[?]
19 Jabes Warner[?]
20 Thomas Mason[?]
21 John Ward[?]
22 Andrew Kinkaid[?]
23 Sherad G Swain[?]
24 Mark Wideman[?]
25 James M . Collock[?]
26 Joseph Carlisle[?]
27 John Chandler[?]
28 David Birk[?]
29 John Lewis[?]
30 James Birnsides[?]
31 John Longser[?]
32 James M , Daniel[?]
33 William Watton
34 Samuel Borrows[?]
35 John Skeggs[?]
36 Joseph Joseph Henderson[?]
37 John John A[?] [illegible]
38 James Rankin[?]
39 Hyacinth Dehetre[?]
40 Thomas Cartmell[?]
41 Robert A, Smith
42 Benjamin Butterfield[?]
43 Isaac[?] [illegible]
44 Normond[?] M, Kinsey[?]
45 Christian[?] Witt
46 Alexander Lucas[?]
47 Baptist Lebeau[?]
48 Henry[?] [illegible]

*A McNair Shff[?] [illegible]*
> *Legal Function: Caption*

Saint Louis District
Court of Oyer & Terminer[?]
The United States[?] States
vs
Askenawa[?]
[illegible]
On Saturday[?] about ten O clock[?] in the
forenoon[?] the 31st of [illegible] August, 1811.
I left a copy of the within Pannel[?] of Jurors[?] with William Sullivan[?] the jailer[?] to deliver[?] to the
[illegible] Askenawa[?].

*J.W. Thompson[?]
D.Shff[?]*

---

**Page 39** (6496_039.jpg)
> *Legal Function: Order to Summon Witness Antione Roubidoux to Answer a Charge of Contempt*

Territory[?] of Louisiana District[?] of Saint Louis sct. The United[?] States of America[?]
to the Sheriff[?] of Saint Louis
District[?] greeting
We command[?] you that you take and
attach[?] the body of Antoine Roubidoux[?] and have him
forthwith[?] before the court of Oyer and Terminer[?]
now sitting at the court house in the town
of St Louis within and for the district[?] of
Saint Louis
then and there to answer[?] unto the said court of and
a concerning[?] a contempt[?] by him shown[?] said court
in disobeying[?] a summons duly[?] served on him for
his appearance before the said as a witness[?] on behalf
of the United[?] States in a certain prosecution[?] against
Askenawa[?] an Indian[?] man and have
you then there this writ[?]

*Witness[?] the Honol. John[?] B L Lucas
Esquire presiding[?] judge of our said[?]
court at the town of St Louis
[illegible] said[?] this third september one
thousand eight hundred and eleven
and of our Independence[?] the
thirty sixth
Thos S Riddick Clk[?]*

---

**Page 40** (6496_040.jpg)
> *Legal Function: Certificate of Execution*

Excuted

*A McNair Shff[?]
Fee $ 1 00*

---

**Page 41** (6496_041.jpg)
> *Legal Function: Bill of Costs*

[illegible]
12
[illegible]44 [illegible]
12
4854 [illegible]

*D J Walker[?]*
> *Legal Function: Bill of Costs, part 2*

15
33
45
45
495
> *Legal Function: Bill of Costs, part 3*

4884
[illegible]
\$4,000

---

**Page 42** (6496_042.jpg)
Jury[?] [illegible]
Jury[?] [illegible] for
the Body of the
District of St. Louis[?]

---

**Page 43** (6496_043.jpg)
> *Legal Function: cover*

[illegible]
[illegible]
District of St. Louis

---

**Page 44** (6496_044.jpg)
> *Legal Function: Motion to Postpone Arraignment*

Wm. O. Allen and Henry M Brakenridge Counsel[?]
forAskenawa[?] the prisoner moved. the
Court to be permitted to be permitted now
to answer to the Indictment[?] of which he stands
changed. Objected to by Thomas T Crittenden[?] the
attorney general &[?] after argument the court delivered their opinion as follows [illegible]
the motion before the court is that the prisoner may be permitted to answer the indictment[?]
He will appear from the minutes of Monday Last that the prisoner has been already ar
raiged, that he did stand[?] mute that the plea
of not guilty has been entered;[?] has this plea been
entered at a proper time and under all the circumstances that the Land constables
Is the point now to be [illegible]? He has been
[illegible] by the counsel for the prisoner that the
law provides that the person accused and in[?]
dicted[?] of any capital[?] offence shall have a
copy of the indictment[?] and a list of the jury
two entire days at least before the trial, that
this has not been the case in the present instance
towit[?] the prisoner had not a copy of the
indictment[?] and a list of the jury delivered
to him two entire days before he was required
to answer to the indictment[?] that in conse[?]
quence[?] of this he had a right not to answer and that no plea could legally be entered be
entered[?] for him - the courts of Oyer and
Terminer[?] in this district and the courts that have been called in this territory by Commissioner[?]
of the governor in [illegible] of a certain Act[?]
of congress for the trial of Capital[?] offences com
Coroner: Honey, John W.
Victim: Othipaya, Othepa Ya (the head)

Item sets: All Circuit Court Records; Circuit Court Cases; Native American Case Files, 1800-1848