James Fernon and John Connelly v. James Smith

Item

James Fernon and John Connelly V. James Smith. 1817, St. Louis Circuit Court Historical Records Project, accessed October 6, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60588

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Case Title: James Fernon and John Connelly v. James Smith
Series: Fur Trade
Plaintiff: Fernon, James; Connelly, John
Defendant: Smith, James
Date Filed: 1817-05-10
Filing Date: 1817-05-10
Plaintiff’s Attorney: Wash, Robert
Defendant’s Attorney: McGirk, Mathias
Court Name: St. Louis Circuit Court
Clerk: Leduc, Marie Philip; M'Girk, A.P.
Sheriff: Thompson, John W.
Sworn Declarant: Manson, John; Garnier, Joseph B.
Cause of Action: Conversion
Case Notes: Packs of raccoon and muskrat pelts; plaintiffs doing business as Fernon & Connolly.
Case Number: 6
Identifier: ccr1817.01290.014
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **James Fernon and John Connelly v. James Smith**

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**Page 1** (1290_001.jpg)
> *Legal Function: Complaint of James Fernon and John Connelly*

county of St Louis
Circuit Court
James Fernon and John
Connelly by [illegible] their Attoney complain
of James [illegible] Smith of a plea, for that the
said Smith on the ninth day of may eighteen
hundred and seventeen at the town of StLouis
in the aforesaid county, justly took twenty
packs of raccoon skins, (of the value of four
thousand dollars) and fifteen packs of
muskrat skins, (of the value of three thousand
dollars) of the goods chattels & property of
the said Fernon , & Connelly,, and the same
unjustly detain, to the damage of the plaintiffs
five thousand dollars, wherefore [illegible]

*[illegible]
[illegible]*
> *Legal Function: affidavit*

The above named plaintiffs upon their
oath state that they verily, belive the property
above complained of to be [illegible], is worth

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**Page 2** (1290_002.jpg)
> *Legal Function: affidavit part 2*

The sum of one thousand dollars.

*John Connelly,
James Formon*
> *Legal Function: jurat*

Sworn to & subscribed before me
their 10th day of May 1817

*[illegible]. [illegible]. [illegible] & [illegible]*

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**Page 3** (1290_003.jpg)
> *Legal Function: Order to Return Pelts to Plaintiffs*

Missouri Territory
County of St Louis
ss The United States of America
to the Sheriff of said County
greeting
We command you that if James Forman,[?] and John
Connelly, shall make you secure you cause to be replaced
twenty packs, of raccoon, skins of the value of four thousand
dollars and fourteen, packs of muskrat, skins [illegible]
of the value of three thousand dollars and deliver, the
same to the said [illegible] & [illegible] the property, of the
said Fernon and Connelly as they say which said skins
are detained by Samuel [illegible] Smith against sureties, &
pledges, and that you [illegible] the said Samuel
B Smith that he be an appear before the
Judge of our circuit court on the first Monday
of August next then there to answer unto the said James Fernon ,
and John Connelly, of a plea for that the said Smith on the ninth
day of may eight hundred and seventeen at the town of St
Louis in the aforesaid County unjustly, took twenty Packs, of
Racoon, skins and fifteen, packs of muskrat, skins of the,
goods and chattels, of the said Fernon and Connelly, to the
damage of, the said plaintiff five thousand dollars and
[illegible] there this writ

*[illegible] M. P . Leduc ,[?] Clerk of our said court at
the town of St Louis this tenth day of may
the year of our Lord one, thousand eight
hundred and and seventeen and of the [illegible]
[illegible] the forty first M. P .Leduc ,[?] Clk*

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**Page 4** (1290_004.jpg)
> *Legal Function: certificate of execution*

This writ was executed on the 12th
day of may 1817 by taking twenty
four packs of pelts, consisting of
Beaver pelts, Muskrat, Raccoon,,
Deer skins & bear, skins and delivering,
them up to plaintiff as
commanded, by the also summon the
deponant in the Town of St Louis

*[illegible]
service & [illegible] $ 1.50*
> *Legal Function: caption*

T No 6. 1817
Fernon , & Connelly,
vs
James B , Smith
Nov
This is an action of
[illegible] & the clerk
will please, to issue,
his writ accordingly

*R Wash
Atty P.2.*
> *Legal Function: certificate of filing*

Filed May 10th 1817
[illegible] Clk
The plaintiff have and saith
that the [illegible] of the value
of one the [illegible] Dollars

*[illegible]
(may 10)*

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**Page 5** (1290_005.jpg)
> *Legal Function: security*

know all men by : their presents that we
James Fernon , & John John Connelly, is prin,[?]
cipals,[?] and Thomas Hanly as security
are held and firmly bound, unto Samuel
B Smith , in the Just & full sum of two
thousand dollars, well & truly to be paid
upon the following condition
whereas the said James Fernon , and
John Connelly, have this day [illegible] forth
a writ of [illegible] against the said
James , B Smith for certain packs, of
which are about to be seized, & delivered, up to the said James & John ,
Raccoon skins, & Muskrat skins, & now
therefore if the [illegible] right to
the said furs, shall be adjudged against
the said James & John , & they shall there
upon restore the furs, aforesaid to the
said Smith then this obligation shall
be said otherwise to remain in full
force, & effect.
Intestimony whereof the said James
Fernon , & John Connelly, and Thomas Hanly
have herento set ther hands,[?] & seals,, this
17th day of may 1817.

*J. Connelly James Fernon Th Hanly*

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**Page 6** (1290_006.jpg)

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**Page 7** (1290_007.jpg)
> *Legal Function: plea*

Samuel B Smith
ads
Fernon G Connelly Pleas in [illegible]
In the Circuit Court
October Term 1817 .
And the said defendant by M
M Girk his attorney comes and defends the wrong
and injury when and where & C and says that he did
not take the property goods and chattels in the said
declaration mentioned or any or any part thereof in
manner and form as they the said plaintiff have above
thereof complained against him and of this he the said
Samuel puts himself upon the Country
And the said Samuel for further plea in
this behalf says that the said plaintiffs of having and main
taining their said action thereof against him ought
to be bared and precluded Because he says that the
property of the said goods and chattels in the said
declaration at the said time where it is alleged he
took the same from the said plaintiffs was in him
self the said Samuel to wit, at Saint Louis .
without this that the property of the said goods &
Chattels or any part thereof at the said time mentioned
in the said declaration was in the said plaintiffs
as by the said Declaration above supposed And this
he the said Samuel is ready to verify wherefore he
prays Judgment and a return of the said goods to be
adjudged, to him and that damages be assessed,
for the [illegible] of the use of the said goods. and his
Costs.
And the said Samuel for further plea in
this behalf says the said plaintiffs of having and

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**Page 8** (1290_008.jpg)
> *Legal Function: plea part 2*

maintaining their aforesaid action thereof ought to be
bared and precluded Because he says that at the
time of the supposed taking of the goods pettrics and
furs mentioned in the plaintiffs declaration they
the said plaintiffs and the said defendant were in
partnership for the purpose of trading with the
Indian tribes residing on the Mississippi , River &
its contributary streams, and that the said goods
at the time mentioned in the declaration were
the joint goods and Chattels, of them the said
plaintiffs and the said defendant as partners as
aforesaid, without this that they were the goods and
chattles of the said plaintiffs at the time mentioned
in the said declaration as thereby supposed and
this he the said Samuel is ready to verify Wherefore
he prays Judgment and a return of the said
goods and chattels may be adjudged to him
and that he may have his damages assessed,
for the loss of the use of said goods & chattels
and that his costs be allowed him

*M McGirk attorney
for Deft*
> *Legal Function: caption*

Samuel B Smith
ads
Fernon & Connelly
Plea.

*Filed oct 31st
1817 M P Leduc ,[?]
clk By
A.P.McGirk Dlk*

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**Page 9** (1290_009.jpg)
> *Legal Function: Subpoena of John Manson*

Territory Of Missouri , County Of St. Louis , sct. The United States of America , to the Sheriff of S Louis County,
Greeting.
You are hereby commanded to summon John Manson,
that setting aside all manner of execuse and delay he be and appear in proper per
son before the judge of our circuit court on the 10th day of June
at the town of St. Louis , then there to testify and the truth to say in a certain matter of contro
versy now pending in our said court, wherein Fernon & Connelly,
are plaintiff, and J B Smith is defendant,
[illegible] on the part of the defendant and have you then and there this writ.

*Witness, Archibald gamble Clerk of our said circuit court,
at the town of St. Louis , this 9th day of June
in the year of our Lord, one thousand eight hundred and eighteen
and of the Independence of the United States , the Forty second A gamble Clerk, of St. L .C. C.*

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**Page 10** (1290_010.jpg)
> *Legal Function: certificate of execution*

Executed

*[illegible]
Service 33*
> *Legal Function: caption*

J B Smith, Smith
ads
Fernon & Connelly,
[illegible]

*John Manson,
10th of June 1818*

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**Page 11** (1290_011.jpg)
> *Legal Function: Writ of Attachmentfor John Manson*

Missouri Territory,
St.Louis County,
Ss. The United States of
America , to the sheriff of said county-Greeting.
We command you to attach John Manson
if he may be found within your bailiwick and bring him
forthwith before the judge of our circuit court now setting at the
town of St. Louis , within and for the county of St. Louis , then there
to answer unto the United States of America , touching a certain
contempt by him committed in to attending as a witness in
the case of James Fernon , and Jn Connelly,[?]
plaintiff and Samuel B Smith
defendant, on the part of the Defendant after being
legally summoned by the sheriff of said county, and have you then

*Witness A Gamble clerk of our
said court, at the town of St. Louis , this [illegible]
16th of June in the year of our Lord one
thousand, eight hundred and Eighteen and
of our independence the forty second,
A Gamble Clerk*

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**Page 12** (1290_012.jpg)
> *Legal Function: certificate of service*

not, 29 found,

*[illegible]
[illegible]*
> *Legal Function: caption*

Alla [illegible]
circuit Court
June Fernon ,
[illegible]
vs
James B Smith
[illegible]

*for John manson
forthwith*

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**Page 13** (1290_013.jpg)
> *Legal Function: Subpoena of Joseph B. Garnier*

Territory Of Missouri , County Of St. Louis , sct. The United States of America , to the Sheriff of St Louis County,
Greeting.
You are hereby commanded to summon Joseph [illegible]
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 Forthwith [illegible]
at the town of St. Louis , then there to testify and the truth to say in a certain matter of contro
versy now pending in our said court wherein Fernon & Connelly
is plaintiff, and Samuel , B Smith ,
he part of the Deft and have you then there this writ.

*Witness, Archibald gamble Clerk of our said circuit court,
at the town of St. Louis , this 17 th day of June
in the year of our Lord, one thousand eight hundred and eighteen
and of the Independence of the United States the forty second A gamble Clerk, St. L .C. C.*

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**Page 14** (1290_014.jpg)
> *Legal Function: certificate of execution*

Excuted

*Jn W Thompson[?]
ser 33*
> *Legal Function: caption*

[illegible]
vs
smith
for

*[illegible]
forthwith*

Item sets: All Circuit Court Records; Circuit Court Cases; St. Louis Fur Trade Cases, 1800 - 1834

James Fernon and John Connelly V. James Smith. 1817, St. Louis Circuit Court Historical Records Project, accessed October 6, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60588