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No 32 to November Term 1812
filed the 29^th October 1812

Arkansas Com pleas
November Term 1812

this is an action of Trespass on the Case for Malicious prosecution & Bail required for one Thousand dollars

R.F. Hughes D.P
For
P. Cassidy Clerk

Executed 4^th Nov 1812
Cepi corpus & Bail bond} D. Mooney shff

fees
Services $1.00
Bail Bond .50
mileage .10

$1.60

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William Morrison complains of Perly Wallis of a plea of Trespass oupon the case for that whereas the said Willaim Morrison now is a good, faithful & honest Sitizen of the United States and as such from the time of his birth hitherto hath behaved and conducted himself; and hath for all the time aforesaid been reputed and esteemed to be a person of good name, credit and behaviour amongst all his neighbours and other good and honest sitizens of the United States and hath for all his lifetime past hitherto lived and continued free, unblemished and wholly unsusupected from being guilty of any theft robery, felony, or any such pernicious crime; or from the suspicion of them; or any of them; whereby the said William Morrison had deservedly got and obtained to himself the benevolence; good opinion and credit of divers good sitizens of the United States, nevertheless the said Perly Wallis, not being ignorant of the promises, but greatly envying the happy state and condition of the said William Morrison; and contriving and maliciously [image of page 2] intending not only to hurt; injure; prejudice and damnify the said William Morrison in his good name fame & credit and reputation; and to cause him to be brought into hatred, scandal; public ignominy; infamy and disgrace, but also to cause him to be esteemed and reputed to be a thief a robber & a fellan and to fatigue, oppress and vex him wrongfully; and to cause him the said William Morrison to be imprisoned; and to be kept and detained in prison; and to bring him into damage of suffering the pains and penalties of the laws and statutes of this Territory made & provided against such offenders; and to cause him to undergo great labours both in body and mind; and to expend and lay out great sums of money on the seventeenth day of April in the year of our Lord one Thousand Eight Hundred & Eleven, at Arkansas in the District of Arkansas aforesaid, did falsly and maliciously; and without any reasonable or probable cause; impose the crime of Robery; and theft; on the said William Morrison; and did then and there falsly and maliciously charge and accuse him the said William Morrison of forceably Robing the said Perly Wallis of a yoke of Oxen [image of page 3] the property of the said Perly Wallis and afterwards to wit, the same day & year above said; at Arkansas aforesaid; in the District of Arkansas, and falsly & maliciously cause and procure the said William Morrison to be taken and arrested and as a Robber & thief to be brought before the Honourable Francis Vaugine--Then one of the Judges of the Cort of Common pleas & Quarter Sessions in & for the District of Arkansas, and did then and there cause and procure the said William Morrison to be examined of and upon the said premises before the said Judge; and on that account the said William Morrison was detained under the custody of Daniel Mooney Esqr Sheriff for a long time; (to wit, until the fifth Monday of July ensueing as will more fully appear by reference to the affidavit of P. Wallis & the warrant issued thereon of record, and the aforesaid Perly Wallis of his further Malice toward the said William Morrison afterwards to wit, at the Cort of quarter Cessions holden at the Village of Arkanssas in the District of Arkansas; in & for the [image of page 4] District of Arkansas the December Term 1811 before the Judges of the Court of quarter cessions; having condezance [cognizance] of all such offences commited within the aforesaid District; the said Perly Wallis did falsly and maliciously;a nd without any reasonable or probable cause whatsoever; cause & procure him the said William Morrison by the name of William Morrison of the same place to be falsly indited--as follows to wit;

The Grand Jurors of the United States for the boddy of the District of Arkansas on their oaths Present that a certain William Morrison of the same place to wit; on the first day of february one Thousand Eight hundred and Eleven--at a Place called the Little Bayou Meto in the District of Arkansas aforesaid with force and Arms Did then and there wilfully maliciously & felloniously take steal and carry away from the Plantation of Perly Wallis esquire which was there [image of page 5] secured in a crib one hundred bushels of corn the Property of him said Wallis of the value of one hundred Dollars against the peace and Dignity of the United States and against the sixteenth section of a Law of this Territory entituled an act for the punishment of certain crimes and the said grand jurors on their oaths do further present--Present that the said William Morrison to wit on the first Day of April one thousand Eight hundred and Eleven at the Little bayou Meto aforesaid, did take steal and drive away out of the Range adjoining the plantation of the said Wallis a certain yoke of oxen the Property of him the said Wallis of the value of Seventy Dollars which he the said Morrison fellaneously feloneously intended to steal and foreceably Detain from the said Wallis and the grand jurors aforesaid upon the oaths Do further Present that the said William Morrison on the first day of April aforesaid Did violently threaten the life of the said Wallis that he the said Morrison would blast with his riffle that if he the said Wallis should offer to [image of page 6] take his Oxen that he the said Morrison would have his hearts blood and further that the said Morrison Did on said Day Declare (that is on the first of April aforesaid and at sundry Times before and Since unto the said Wallis and Several others that he the Said Morrison had Loaded his riffle meaning with Powder and ball to Kill the said Wallis that if He the said Morrison could have seen the said Wallis in the cane breck or in same named Place he certain would have Killed Him meaning him the said Wallis all which acts and Doings of him the said Morrison are contrary to law against the Peace and dignity of the United States and against the form of the Sixteenth & Twenty Seventh Section of the law of this Territory entituled an act for the punishment of certain crimes and to the great Damage of the said Wallis

Signed
Perly Wallis Pros

and endorsed on the foregoing indictment as follows (to wit) we the Jury find him not guilty of the two first charges as stated in the indictment, and find him guilty of the third

(Signed)
Joseph Stillwell foreman

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and where the aforesaid Perly Wallis of his further malace toward the said William Morrison afterwards that is to say at the Session aforesaid at December Term 1811 at Arkansas in the District of Arkansas did falsly and maliciously and without any reasonable or probable cause; impose the crime of Robery & Felony on the said William Morrison by the reason and means of which said several premices the Said William Morrison is not only greatly scandallized and injured in his good name credit and reputation but also hath been compelled and under a necessity to lay out and expend divers great sums of money in this behalf; and also to undergo great and arduous labours & troubles; as well in body and mind; to wit at Arkansas aforesaid in the District aforesaid; and the Said William Morrison avers he is not in anywise guilty of the Robery & felonys; charged against him by the said perly Wallis Esquire to the said William Morrison his damage three thousand Dollars & therefore he brings his suit

A. Haden Att for Plff

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Before me Henry Cassidy one of the Judges of the Court of Common Pleas in aforesaid District Personally approved William Morrison the within Plaintiff and made oath that he verily believes Perly Wallis the within defendant ought to be held to bail in the sum of one thousand Dollars to secure him to his Costs & damages

Wm Morrison

Sworn to and subscribed before me the Day above written
Henry Cassidy
J.C.C.P.

Ordered that a Capias Issue in the above Case and that the defendant be held to bail in the sum of one thousand dollars

Henry Cassidy J.C.C.P.

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We Command you that you take Perly Wallis if he may be found within your Bailwick and him safely Keep so that you have his body before the Judges of our Court of Common pleas, at a Court of Common pleas, to be holden at the Town of Arkansas, in and for the district of arkansas, on the fifth Monday of November Instant, then and there to answer unto William Morrison of a plea of Trespass upon the Case for a Malicious prosection, to his damages as he says three Thousand Dollars, and have you then there this Writ

R. F. Hughes D.P
for
P. Cassidy, Clerk

This is an action of Trespass upon the Case for a Malleceaus prosecution bail required for one Thousand Dollars A. Haden
Attorney
For Deft

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