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Henry C. Smith v. Joseph Hudsel
Declaration and Summons
| [image of page 1]
filed 27th Novr 1812 Henry C Smith 36 Perly Wallis (Right) (Top) Serv.....80 Pursuant to the within command I have served this Writ by reading the
same to Joseph Hudsel as the Law directs Territory of Missouri 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 Henry C. Smith Territory of Missouri (Wax Seal) |
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