At the same time that Robert Clary acting through his attorney Anthony Haden filed suit against Dennis Chisholm, he also sued Dennis's father John D. Chisholm for a debt of $207.33 for "whiskey, corn, pork, beef, bacon, and flour" and for another debt of $107.33. John D. Chisholm was born in Scotland and emigrated to America in the 1700s. He had several wives, and was at one time married to a Cherokee woman. He was involved in speculation of Florida land (then owned by Spain) and spent some time in debtor's prison in London. He lived for awhile in Tennessee, where he and the Indian chief Doublehead swindled settlers in fraudulent land deals in the Muscle Shoals area. He was a prominent member of the Western Cherokees, who migrated to and settled western Arkansas in the early 1800s. He would later represent the Cherokees at the Treaty of Cherokee Agency in 1817.
Part of the debt that Chisholm owed to Clary was for various supplies purchased from March through September 1810. This case is particularly interesting because of the involvement of Chisholm and the list of supplies, transcribed here. The list includes such items as a "drest deerskin," "callico," muslin, and two hats. When the amounts owed are added, rather than the total of $207.33 claimed by Clary, the correct total is $272.33.
Judge Francois Vaugine ordered Patrick Cassidy, court clerk, to issue a writ commanding Sheriff Daniel Mooney to bring Chisholm to the April 1811 term of court. Mooney executed the writ, and in March, Chisholm made a bail bond, with Ignatius Chisholm his surety, to promise that he would attend court in April. Perly Wallis witnessed the making of the bond. Ignatius Chisholm was John D.'s son, and father to Jesse Chisholm, of Chisholm Trail fame. The court did not meet in April, because of an absence of two judges, but Chisholm filed a traverse and joinder with the court in July, appearing on behalf of himself, and alleging that Robert Clary was actually indebted to him, John Chisholm, in the amount of $495.25. The court did not meet in August, either, but in December 1811, John Miller, who was representing Chisholm, moved for a continuance, which the court granted. Also during that term of court, Chisholm served on a jury in the slander suit of Perly Wallis against John B. Treat, the Indian agent.
On April 4, 1812, Miller again moved for a continuance and plaintiff's attorney Anthony Haden agreed. The Sheriff moved that the plaintiff be required to give security for costs, and the court agreed. In August of 1812, at the following term of court, the plaintiff moved for trial. The defendant called witnesses Ignatius Chisholm, Jesse Isaacs, Thomas Williams & Sherod Hatley, but they did not appear. Initially, the court continued the case till the next term. The next day, however, Clary's attorney Haden moved the court to reconsider the motion made by Chisholm, because the affidavit apparently was not factually sufficient. On Monday August 10 the court agreed and ordered the trial to proceed. On August 15 the parties agreed to a bench trial, without a jury, and the court ruled that Clary recover $243.23 from Chisholm. Haden's fee was half of this amount.
Few women are mentioned in the court record books, but Peggy Chisholm, most likely a relative or spouse of John D., Dennis, or Ignatius, was indicted by the grand jury for assault and battery in April of 1812. She was a Cherokee, and therefore the court dismissed the charges against her, since it had no jurisdiction over her.
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