William St. Clair v. William Girard, James Clare, William Clark, and John K. Walker

Item

William St. Clair V. William Girard, James Clare, William Clark, and John K. Walker. 1830, St. Louis Circuit Court Historical Records Project, accessed October 5, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60741

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Case Title: William St. Clair v. William Girard, James Clare, William Clark, and John K. Walker
Series: Lewis and Clark
Plaintiff: St. Clair, William
Defendant: Girard, William; Clare, James; Clark, William; Walker, John K.
Date Filed: 1831
Filing Date: 1831
Plaintiff’s Attorney: Bird, Gustavus A.
Court Name: St. Louis Circuit Court in Chancery
Court Term: 1831-03
Judge: Carr, William C.
Clerk: Gamble, Archibald
Justice of the Peace: Bird, Gustavus A.; Wright, John
Sheriff: Bold, John
Cause of Action: Debt
Case Notes: Defendants Garrard & Clare were owners & Clark was master of steamboat \Stranger\"; plaintiff worked on the steamboat and had sued for wages; plaintiffs include Baltimore
Identifier: ccr1831.01213.019
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **William St. Clair vs. William Girard, James Clare, William Clark, and John K.
Walker**

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**Page 1** (1213_001.jpg)
> *Legal Function: Plaintiff's Complaint*

State of Missouri Circuit, Third Judicial Circuit, March
Term 1831 To, the Honorable William C Carr , Judge of said
Court In Chaning Setting[?]
Your complainant William , St Clair ,
who saw in behalf of himself and Battimore,[?] a man of color
John Stillwill John Cotton, John Moore,[?] Brandy a man of
color Joseph, Davis John Morgan Alexander Badger, [illegible] King [illegible]
Chris Williamson Charles William, a man of color
William Macky &
William Cassel,[?]
of [illegible] Judgement [illegible] of
William Garrard James G Cear & William ,,[?]
Clark represents unto your honor that
that, the above named, judgement [illegible]
material men employed, on board, of the Steam,
Boat now, called the Stranger previous, to the sale
of said boat, as herein after mentioned that
said Garrard & Clark, when the [illegible] named
creditors were employed were owners, of said
boat, that said Clark was during, a part of
the time, said creditors were employed on,
said Boat, master thereof & employed, said
creditors, your orator, says that judgements as
follows &, to the following, amounts have been
atained by the following persons at the times herin,[?]
after stated against said Garrard & Clare ,
for [illegible] Senders an board of said Boat Gistauve,[?]
A Bird a justice, of the Peace in & for, St Louis County Missouri namely, [illegible] the judgements mentioned
in the transcripts from the docket, of said Justice marked, A. [illegible] which is [illegible]

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**Page 2** (1213_002.jpg)
> *Legal Function: Plaintiff's Complaint Part 2*

part of this bill.
Said complainant also says, that the following
Judgements were recorded, against said Clark
before, said Justice,
as mentioned in the transcript,
of said Justice hereafter as heretofor,[?] Marked B no
made part, of this Bill and your complamant says that all of the
a [illegible] Judgements remain in full force, unpaid, unsecured & wholly unsatisfied & that, all of said
Judgements were were secured, for wages due for servies
rendered on said Boat, your complainant, says that a short time before, said
Judgements were secured, as aforesaid, said
William Clark , sent sent out, from the St Louis Circuit, court an attachment against the
Lands & tenements goods chattels wages credis & effects,[?] of said Garrard &
Clare by virtue, of
which, said Steam Boat was, attached [illegible] had said said boat, in possession was, summoned as [illegible] in said suit, by attachment, and complainant, says
that such [illegible] had in this court
at the last July term, that on motion,
of said Clark, said boat was ordered, to be sold as perishable property, by the Sheriff, of said county some time last summer, or fall & brought, your complainant [illegible] \$1500, dollars
Which, is in the hands of the said Sheriff or will be, and subject, to the future and of this, court of the said,
complainant says that of said Clark, had

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**Page 3** (1213_003.jpg)
> *Legal Function: Plaintiff's Complaint Part 3*

not made an affidavit which, the acts, of his case would not justify, [illegible] to procure, the
said attachment, to issue, that said attachment could not have been legally issued your complainant alledges that said affidavit is false,[?] in this that it, alledges,[?] that the owners of, said steam boat said Garrard & Clare [illegible] to said
Clark, in the sum, of fifteen hundred dollars when he knew that, said owners did, not owe,
him to [illegible] and when,
he [illegible] that to make up said sum of,
\$1500 he included the sum, of about $ 500, due
said Judgement creditors from, the owners, of
said boat, which said Clark, as master deemed himself liable,
to pay [illegible] he [illegible]
paid said Clark stated, in substance, in said affidavit that that,he had reason, to believe,
that the defendants in the attachment were about to remove their effects out, of the state,
of Missouri when he well knew that all,
said defendants, had no other effects, in
Missouri except, said steam boat said subject to said attachment & to him said Clark himself, had possession, of said boat,
as master & held it, by virtue, of a mortgage from, the owners with, full power, to contract & dispose, of said boat, to pay said mortgage & what was due, him &,[?] the boat, hands for
services rendered, on said Boat
your complainant, says that when, said boat was sold, said Garrard, & Clare were, the sale owners, of

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**Page 4** (1213_004.jpg)
> *Legal Function: Plaintiff's Complaint Part 4*

said Boat, your complainant says that in
the month of April 1830 at the instant,
of Harnbrook two,[?] attachments were,
sent out one, in favor, of said Harnbrook against,[?] said Clare , to secure, about, \$300 alledged, to be due, said Harnbrook,[?]
by note another, in favor, of said Clare , for
the use of said Harnbrook,[?] against said Garrard & Carrel on, an account alledged, to be due from,
the defendants, in the attachment, to said Clare ,
for services rendered, on said boat which account was assigned, by said Clare , to said
Harnbrook,[?] to secure, the payment of the said note of about, \$300 on which, an attachment
had issued, as aforesaid,, and your complainant
alledges that these,[?] a [illegible]
on the statement made on oath that, the defendants,
[illegible] to remove their effects, of the state of Missouri whe in fact the affiants well know that defendants,[?] had no effects, in Missouri subject, to said attachements
except, said steam boat which affiants know,[?] had
been already, attached at the suit, of said Clark & others & was, in the custody, of the Law & could not be removed, your complements says
said William Clark , is [illegible] a non resident of
Missouri & that, the above, Judgement
creditors have no means, of securing the, said
[illegible] the costs but, by [illegible] has or, shall come, to the hands of said
Sheriff from the sale, of said boat, to the payment
of the Judgements against, said Clark, & costs,

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**Page 5** (1213_005.jpg)
> *Legal Function: Plaintiff's Complaint Part 5*

your complainant alledges,[?] that said Garrard, &
Clare , are [illegible] as such [illegible]
they made out & delivered, to the late sheriff,
of St , Louis county, among their things, a list, of
there creditors, in which, they acknowledge, to
our William Clark , \$1500 where, complainant
says that a few days before making making out, said
list of creditors, said Garrard & Clark & Clare , the understand to make an arrangement by which said boat could be released from Clarks attachment & it ws then admitted by said Garrard Clark & Clare that the sum due said Clark from said Garrard & Clare was eight,[?] hundred dollars or thereabouts your, complainant says that said Judgement
creditors have endeavored, by legal means, to
inform the payment of the above, Judgements
but have entirely failed, the exceptions were issued,
on each of said Judgements against, said
Clark, & for want, of goods & chattels, to be,
found to satisfy, said [illegible] the body, of said
Clark was taken & committed, to the gaol,[?]
of St Louis County & that John Stillwell one of,[?] said creditors, has has paid six dollars,
for jail fees, for said creditors that, your
orator, has been compelled, to pay eight dollars,
for the same purpose, & that said creditors
being unwilling, to pay any more fees &, said
Clark being unable, to do so was discharged from jail,. your complainants say that both,
said Garrard & Clare accountable, to said,

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**Page 6** (1213_006.jpg)
> *Legal Function: Plaintiff's Complaint Part 6*

judgement creditors, for the amount of the said,
Judgements recovered against, said Clark as
aforesaid,. and your complainant says, that
in convergence, of said attachments, this wrongfully & illegally obtained said creditors, have [illegible]
from securing, these Judgments aforesaid, & make,
said Garrard & Clare & Clark & Harnbrook &,[?]
[illegible] John K Walker defendants, to this
Bill in consideration, of the promises, your complainant prays, the interposition, of this court
that said attachment may be [illegible] or all
[illegible] in such manner, as
the court, shall direct, that said defendants,
may be compelled, to fully answer, an oath, all
the allegations, of this bill that the said
John K Walker ,
shall be [illegible] to payto,[?] your orator,
and said creditors, the amount of has to these
Judgements as aforesaid &, all costs your orator prays, the writ, of subpoena & such further & other relief, as he, may be [illegible]
in equity & good conscience your orator will ever, pray

*[illegible]*

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**Page 7** (1213_007.jpg)
> *Legal Function: Bill of Costs*

[illegible] a man of color, vs James G Clate &
William Garrard,[?]
May 5th 1830 [illegible]
warrant 18 3/4
affidavit, 39 1/2
judgement, 39 1/2
Constable fees, 50
Ex, 5 May 1830 25
[illegible]
returned with James G Lcare & William Garrard in custody,[?]
& the defendants confessed, they owed, the
plaintiff forty eight dollars & seventy five cents,
for which amount I gie judgement against,
the defendants taken, with costs,
> *Legal Function: Bill of Costs Part 2*

John Catter vs James G Clare William Garrard who,[?] [illegible]
May 5th 1830 issued a warrant it was same day returned with, the defendants first named in custody who confessed, the plaintiffs demand therefore it is considered that the plaintiff have & recieve,[?]
of the defendants seventy dollars twenty five cents & costs,
affidavit, 341/2
warrant, 189/4
judgt,[?] 391/2
constibles fees,[?] 50
Ex, & 5 May 1830 25
[illegible] May 5th 1830 [illegible]
as [illegible]
> *Legal Function: Bill of Costs Part 3*

John Magan vs James G Clare and William Garrard impleaded with,[?] [illegible]
May 5th 1830 issued a warrant was same, day with the defendants first named in custody who confessed plaintiffs demand it is therefore considered, that the
plaintiffs have & recover, of the defendants, the demand confessed which is $ 18 & the cots, 5 may 1830 [illegible] to [illegible] the [illegible] as [illegible] 95
warrant & affidavit, 56 1/4
judgt,[?] 34 1/2
constables fees, 50

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**Page 8** (1213_008.jpg)
> *Legal Function: Bill of Costs Part 4*

John Moon vs James G Clare & William Garrard impleaded with Edward Carrel,[?]
May 5th 1830 issued a warrant,
it was same day returned with,
the two first named defendants,
in custody who confessed plaintiffs demand, to \$21, 25 therefor is is considered that, the plaintiff have & recover of, the defendants, \$21 25 & costs,
May 5 1830 [illegible] 4th [illegible] as [illegible]
affidavit & warrant 56 3/4
judgment 37 1/2,
constables fees, 50
> *Legal Function: Bill of Costs Part 5*

Randy a man of color vs James G Clare & William Garrard impleaded with Edward Carrel,[?]
May 5th 1830 issued a warrrant it was same,[?] day returned with,
the two first named defendants in custody who confessed plaintiffs demand to, \$24, 55 therefore it is considered that, the
plaintiff have and recover of the defendants, \$24, & costs, 5 may 1830 [illegible] 75 [illegible] 4 June 1830 [illegible] as [illegible]
Affidavit & warrant 56 2/9,
judgment, 39 1/2
constables fees, 50
I certify, the above to be a, full [illegible] transcript from my basket, of the proceedings in each of, the foregoing cases,

*[illegible] of the peace,*
> *Legal Function: Caption*

[illegible]

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**Page 9** (1213_009.jpg)
> *Legal Function: Bill of Costs*

John E Stillwell vs James G Clare & Edward Garrard impleaded with Edward Carrel,[?]
May 8th 1830 issued a warrant it was same, day returned with defend ants first named in custody, and the
defendants confessed, they owed, the plaintiff seventy nine dollars,
affidavit, 37 1/2
warrant & subpoena, 39 1/2
oath & judgt,[?] 48 3/4
Ex, 8th may 1830 25
[illegible] June 1830 [illegible]
constables fees, 50
[illegible] that the [illegible] of
[illegible] is [illegible] the [illegible] his [illegible] by the [illegible] of [illegible] \$1, 50
> *Legal Function: Bill of Costs Part 2*

Joseph Davis vs James G Clare & William Garrard,
judgt,[?] 37 1/2
Ex, 8 may 1830 25
[illegible] 8 [illegible] 25
may 8th 1830 [illegible] that they owed the plaintiff seventy six dollars sixty two & third cents it, is therefore considered, that the
plaintiff recover, of said defendants, the
sum so confessed & costs, of [illegible] have [illegible] by [illegible] for \$1,50
> *Legal Function: Bill of Costs Part 3*

Joseph Davis vs William G Clare & William Garrard,
Judgt, 37 1/2
Ex, 8th May 1830 25
alias & sum, 8th June 1830 25
May 8th 1830 the parties come before me without process &, the said defendants confessed, that they owed [illegible] the plaintiff
the sum of, \$96, 62 1/3 it, is therefore considered, that the plaintiff recover,
of the defendants so confessed & costs,
by
[illegible] \$150

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**Page 10** (1213_010.jpg)
> *Legal Function: Bill of Costs Part 4*

William st [illegible]
James G Clare &
William Garrard,
May 8th 1830 the parties appeared
before, me & the defendants confessed,
they owed, the plaintiffs $ 60, 98
therefor it is, considered that the
plaintiff, have & recover of the defendants the sum confessed & costs,
returma nulla leuna [illegible]
discharged under [illegible].
judgt,[?] 39f
Ex 8 may 1830 25
alias 8 June 1830 25
> *Legal Function: Bill of Costs Part 5*

William , St Clair vs
James G Clare & William Garrard,
may 8th 1830 came the defendants
& plaintiff, before me without, process & defendants confessed that they owed
the plaintiff \$60, 78,
therefore it is considered that the plaintiff
have & recover of the defendants 60,[?] 78
cents & costs
judgt 37
Ex, 8 May 1830 25
alias, 8 June 1830 25
aleas [illegible] Mulla lona lasts [illegible] for \$150
> *Legal Function: Bill of Costs Part 6*

William Maskey & William Carrel,[?] vs
James G Clare &
William Garrard
May 8th 1830 parties appeared before
me without, process & defendants,
confessed they owed the plaintiffs
\$58, 12 therefore it is considered that
the plaintiffs have & recover, of the
defendants fifty eight dollars 12 cents & costs
judgt 34
Ex 8 may 1830 25
alias 8 June 1830 25
returned nulla Buna & defts committed & discharged, under [illegible]
for \$150
> *Legal Function: Bill of Costs Part 7*

William Maskey & William Carrel,[?] vs
James G Clare , William Garrard
May 8th 1830 the defendants came
before me & confessed, that they owed
the plaintiffs fifty eight dollars 12
it, is there considered, that said plaintiffs
have, & recover of said defendants said
Sum as confessed & costs
alias returned, nulla bana
judgt 39
Ex 8 may 1830 25
alias 8 June 1830 25

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**Page 11** (1213_011.jpg)
> *Legal Function: Caption*

No, 305
March Term, 1831
St St. Louis Circuit Court In Chancery,
William St Clair for himself & others,
William Garrard,
James Clare,
William Clark &,
John K Walker ,
Original, Bill in
Chancery, for [illegible]
The Clerk of the
St Louis County
Court will please issue a subpoena,

*[illegible]
for [illegible] filed 12th March 1831 A Gamble Clk,*

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**Page 12** (1213_012.jpg)
> *Legal Function: Bill of Costs*

John Catter vs William Clark ,[?]
May 5th 1830 issued a warrant it was, the same
day returned with, the defendant, in custody,
& after hearing, the [illegible] it is considered,
that the plaintiff, have & recover, of the
defendant, his debt, of Seventy six dollars,
& 13 cents, & costs,
affidavit 39,
warrant & subpoena 39 1/2,
oath & judgt 43 3/4,[?]
constables fees 50,
Ex, 5 may 1830 25 [illegible] was returned no goods or charrels,[?] of
the defendant found &, for want thereof defendants body taken & delivered in jail fees, 75
> *Legal Function: Bill of Costs Part 2*

Joseph Davis vs William Clark ,
may 5th 1830 issued warrant it was same, day returned with the defendant in custody from, the
affidavit 39,
39 1/2,[?]
oath & judgt 43 3/4,[?]
[illegible]
[illegible] that the [illegible] that the plaintiff
[illegible] of the [illegible]
[illegible] of the [illegible] 75
> *Legal Function: Bill of Costs Part 3*

[illegible]
may 5the 1830 [illegible] day be [illegible] the [illegible] the [illegible] the [illegible] of the [illegible] of the [illegible] 50 [illegible] no [illegible]
of the [illegible] his [illegible] to [illegible] 75 [illegible]
[illegible]
[illegible]
[illegible]
[illegible]
[illegible] 5th May 1830 25
> *Legal Function: Bill of Costs Part 4*

John Magan
vs
[illegible] Clark
May 5th 1830 [illegible]
same day returned [illegible]
in custady - on [illegible] the [illegible] of the
[illegible] that the plaintiff
[illegible] of the [illegible]
Dollars fifty cents & [illegible]
[illegible]
[illegible]
[illegible]
[illegible] 5th May 1830 25
[illegible]-50- [illegible] returned [illegible]
of the [illegible] his body
[illegible] to [illegible] for [illegible]

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**Page 13** (1213_013.jpg)
> *Legal Function: Bill of Costs Part 5*

William [illegible]
vs
[illegible] amblark
May 5th 1830 [illegible]
same day [illegible] the defondent
in custody after hearing the proofs
of the [illegible] that the
plantiff have procedure of the defendant
[illegible] costs [illegible] returned [illegible] 16 units of costs
affidavit 39 1/2
[illegible] 39 1/2
[illegible] 43 3/5
[illegible] 5 May 1830 25
[illegible] fees 50
> *Legal Function: Bill of Costs Part 6*

[illegible] King
vs
[illegible] black
May 5th 1830 [illegible] a [illegible] it was
same day returned with the depondant
in custody after hearing the [illegible]
it is considered that the plantiff [illegible] of the depondent thirty Dollars
[illegible] three units [illegible]
affidavit 39 1/2
[illegible] 39 1/2
[illegible] 43 2/A
5 May 1830 25
[illegible] 50
> *Legal Function: Bill of Costs Part 7*

[illegible] Charles
vs
[illegible] Clark
May 6th 1830 appeared a [illegible]
chales same day returned [illegible] the
depondant in custody after hearing
the [illegible] is [illegible] that the
plaintiff [illegible] of the depondant [illegible] dollar fifty [illegible] costs
expenditure returned [illegible]
of lefts founded [illegible] his
[illegible] to [illegible] 75 units
affidavit 39 1/2
[illegible] 25
[illegible] 39 1/2
[illegible] 25
[illegible] fees 25
> *Legal Function: Bill of Costs Part 8*

William aman [illegible]
Vs
[illegible]
May 5th 1830 [illegible] sameday returned [illegible]
depondant in custody after
hearing the [illegible] is
[illegible] that the plaintiff have
[illegible] of the depondant eight [illegible]
this costs
[illegible] returned [illegible] costs
[illegible] 24 2/2/
[illegible] 25
[illegible] 29 1/2
[illegible] fees 25
[illegible] returned [illegible] an [illegible] of [illegible] thereof his body common to said [illegible] 75 units [illegible]

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**Page 14** (1213_014.jpg)
> *Legal Function: Caption*

[illegible]

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**Page 15** (1213_015.jpg)
> *Legal Function: Bill of Costs*

[illegible] a [illegible] of [illegible]
vs
[illegible]
[illegible] same day [illegible]
[illegible]-[illegible]
the [illegible] it is [illegible] that the
[illegible] 52 [illegible] 75 [illegible]
[illegible]37/2
[illegible] 25
[illegible] 37/2
[illegible] 25
[illegible] 25
I [illegible] a [illegible] a [illegible] of the [illegible] Louis [illegible] of [illegible] to [illegible] to [illegible] a full [illegible] of the [illegible] in [illegible] of
the [illegible] march 12th 1831

*[illegible]*

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**Page 16** (1213_016.jpg)
> *Legal Function: Order to Coroner*

County of [illegible] Louis [illegible] The State of Missouri To the [illegible] of [illegible] County [illegible]
[illegible] command you to [illegible] James G . [illegible] William
[illegible] Clerk and John [illegible] that they
be and appear before the judge of our
Circuit Court ,
sitting in [illegible], at the next term thereof to [illegible]
at the City of [illegible] Louis within and for the County of [illegible] Louis
on the [illegible] monday of March [illegible] then and there
to answer the [illegible] of Complaint of William [illegible] Clair who
[illegible] for himself and [illegible] behalf of the Judgment Creditors
of William Garrard, James [illegible] William [illegible]
and [illegible] then [illegible] this [illegible]

*[illegible] Clerk of
our said Court at Office the twelth day
of March eighteen hundred thirty one Archibald Gamble [illegible]*

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**Page 17** (1213_017.jpg)
> *Legal Function: Certificate of Execution*

[illegible] this writ on John K Walker the [illegible]
of march 1831 by reading the same to him and
[illegible] the bill and exhibits that were handed [illegible]
the Clerk with said John K Walker the other
Defendents not found John [illegible]
> *Legal Function: Caption*

No. 305 -
March term 1831
[illegible] St. Louis Circuit Court
William [illegible] for [illegible]
and the [illegible] of
[illegible]
vs [illegible]
others
[illegible] In [illegible]

*James [illegible] [illegible] [illegible] John [illegible] Service \$1,00*

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**Page 18** (1213_018.jpg)
> *Legal Function: Caption*

[illegible]
[illegible]
[illegible]

*filed April 3rd
1831 [illegible]*

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**Page 19** (1213_019.jpg)
> *Legal Function: Bill of Costs*

[illegible] min by these presents that [illegible]
gustauns a Bind [illegible] john [illegible]
are held to firmly bound unto the [illegible]
of all [illegible] when are on may be intitle a
to [illegible] in a sent in Chanury wherein
william [illegible] for himself of in [illegible] of others is [illegible]
of william clarth [illegible] are defentants
[illegible] in the st Louis cercuit court
of the payment of white casts to any and
all [illegible] who are a may be into the
[illegible] the bind our [illegible] in the panal
sum of one hundred ballars april 23rd 1831 the truss our hands [illegible]

*[illegible] [illegible]*

Item sets: All Circuit Court Records; Circuit Court Cases; Lewis & Clark / Corps of Discovery Case Files, 1805 - 1837