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Henry C. Smith v. Joseph Hudsel
Declaration and Summons

[image of page 1]

filed 27th Novr 1812
Arkansas Common Pleas
November Term 1812

Henry C Smith
vs
Joseph Hudsel
Trespass on the Case
Damage $2000

36
41
77

Perly Wallis

(Right)
Served on 28th Oct-

(Top)
Territory Missouri
District of Arkansas
Oct 28--1812

Serv.....80
Travle..11.00
$11.80

Pursuant to the within command I have served this Writ by reading the same to Joseph Hudsel as the Law directs
Horace Wallis De Shff

[image of page 2]

Territory of Missouri
District of Arkansas

In the Court of Common please to November Term for the year of our Lord one thousand Eight hundred and twelve

Henry Coalman Smith by his attorney Perly Wallis Esquire Came here into Court and complains of Joseph Hudsel in a plea of trespass on the case. For that whereas the said Smith is a good peaseable and honest citizen of the said District and has always since the time of his nativity Demeaned himself as a good peaceable honest and industrious man. And hath always Kept himself free of the guilt of Murder or any other crime or felonies and by his Industry Integrity and peaceable Demeanor had aquired the good will and injoyed the friendly intercourse of all his acquaintance in the United State But more esspecially the citizen of this district of Arkansas untill the publishing and speaking of the false feigned scandalous and opprobrious English words. Yet the said Joseph Hudsel well knowing the premises and meaning and intening wickedly wilfully and Malitiously to bring the said Henry Coalman Smith into great Disrepute amongst his Neighbours as well as all other good people and cast upon him the odium and guilt of the Horid crime of murder and thereby subject him the said Smith to the pains and penalties of the Laws of this Territory which is death without Benefit of Clergy for the Crime of murder Did on on the fifteenth day of October in the year of our Lord one thousand Eight hundred and Twelve at a place called the Ile of Shico in the District of Arkansas and within the proper Jurisdiction of this Court in the preasance and hearing of Divers good [image of page 3] Citizens of said District in a conversation then and there moved and held of and concerning the said Henry Coalman Smith did then and there with evil intentions falsly and malitiously speak say and with a loud voice did publish and proclaim of and concerning the said Henry Coalman Smith commonly known by the name and appellation of Big Smith the following false scandalous and malitious English words (viz) that Big Smith (meaning Henry Coalman Smith) is a murderer and that no such Damed murdering rascal (meaning that the said Henry Coalman Smith was a damed murdering rascal) should be a witness against him (meaning himself Joseph Hudsel and meaning that said Smith was guilty of Murder and thereby disqualified to bear Testimony as a witness) for he (meaning the said Henry Coalman Smith) had Killed a man had clawed him to Death with Steel Clawes (meaning the said Henry Coalman Smith had killed a man by clawing him to Death with steel Claws) and that I can prove it (meaning that himself Joseph Hudsel could prove the said Henry Coalman Smith had Killed a man by clawing him with steel claws and that he Joseph Hudsel could prove it) By reason of which speaking and publishing the said false scandalous and approbrious words the said Henry Coalman Smith hath been greatly enjured in his name fame and Reputation as well as suffered great Damage in his Buseness of Rafting and Lumbering from this District to Orleans and hath Been prevented from hiriing many hands and has been compelled to give high prices for labour or to be totally Discounted and prevented from carrying on his businness by means of which he obtains his living and the said Henry Coalman Smith further sayeth that the said Joseph Hudsel hath at divers times and in sundry other places reported other wrongs and said other false scandalous and approbrious words and hath done other wrongs and [image of page 4] and acts of violence unto the said Smith which is to his damage two thousand Dollars for the Recovery of which he brings suit and Prays that the said sum together with cost may be allowed him
Perly Wallis Atty
for the Plaintiff

Henry C. Smith
v.
Joseph Hudsel
The clerk will Please to Issue a Summon in a Plea of Trespass on the Case Returnable to November Term Octr 22nd 1812 Damage $2000
Perly Wallis

Territory of Missouri
District of arkansas
The united States of america to the Sheriff of arkansas district Greeting
WE command you that you Summons Joseph Hudsel if he may be found within your Bailiwick that he be and appear before the Judges of our Court of Common pleas to be holden in the town of arkansas on the fifth monday of November next then and there to answer unto Henry Coalman Smith in a plea of trespass on the case to the damage of the said Henry Coalman Smith as he says two thousand dollars, and have you then there this Writ

(Wax Seal)
Witness the Honorable francois Vaugine presiding Judge of our Said Court at the of arkansas this twenty Seventh day of October in the year of our Lord one thousand eight hundred and twelve and of Independence of the United States the thirty Seventh
P. Cassidy Clk

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