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filed 29 Nov 1812

Arkansas Com. Pleas
Novr. Term 1812
Sylvanus Phillips
vs
R., Peeler
Summons
damage
$2000

Executed 11th November 1812 by leaving a copy of the within at the residence of Richmond Peeler and Delivering the same to Jos Stillwell Esqr who I informed of the contents thereof
D Mooney Sheriff
D . A.
fees
Service . . . 80
Mileage 10 circular miles . . 50
$ 1~30

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Territory of Louisiana
District of the Arkansas
In the court of common Pleas To November Term for the year of our Lord one thousand Eight hundred and Twelve

Sylvanus Phillips by his Attorney Perly Wallis comes here into court and complains of Richmond Peeler of a Plea of Trespass Force and Arms for an assault and battery and False Imprisonment For that the said Peeler on the thirday of November in the year of our Lord one thousand Eight hundred and Ten at St Francis in the Proper Jurisdiction of the Court With force and Arms in and upon the body of the Said Sylvanus Did make an assault and Did then and there beat Eevilly intreat and imprison him the said Sylvanus against his Will and without his leave and consent and Did then and there by Richard H Melton Special Deputy of Daniel Mooney Esquire Sheriff of the District of Arkansas arrest the said Sylvanus without any just cause and imprisoned him for a Long space of Time towit for the Space of thirteen Days on a certain warrant which which he the Said Peeler by his certain Erroneous Wilful and Malicious Petition Suported by an Illegal affidavit had sued out From the office of Francois Vaugine Esquire Presiding Judge of the Court of Common Pleas in and for the District afforesaid on the Twenty fifth Day of october Previous to Said arrest and the Said Sylvanus further sayeth that the Said Richmond Did Carry and caused to be carried him the said Sylvanus Prisoner as aforesaid from the Settlement of St Francois into the Post of Arkansas a distance of seventy five miles where he was a long time detained from his family [image of page 3] Towit for the space of thirteen days and was also braught before Francois Vaugine Esquire Judge as aforsaid and Joseph Stilwell his assosiate, and the Said Peeler Did then and there by art intriegue and insinuation cause the said Judges to Deny the Said Sylvanus the aid and assistance of counsel before them and refused to suffer the said Sylvanus to Examine the Said Peeler on oath Touching the affidavit which he the said Peeler had made in the Premises and Did also cause the Said Judges to make an order that Said Phillips give bond with good and sufficient Surety for his appearance at a then future Day. as well as for Traducing and Surrendering up a certain negro man Named Sam the Property of the Said Sylvanus Purchased at Public vendue in the Sum of one thousand Dollars which the Said Phillips failing was Still Detained a prisoner as afforesaid from this Ninth of November until the Sixteenth and the Said Peeler Did cause the said Negroe man to be taken out of the Possession and imployment of him the Said Sylvanus and afterwards towit on the Sixteenth of November aforesaid Did carry and cause to be carryed him the Said Sylvanus together with Said Negro man Before Joseph Stilwell Judge aforesaid and the Said Peeler Did then and there by Craft and insinuation cause an order to be made by said Judge that Said negro man remain in the hands of the Sheriff until a final adjudication of the matter could be had before the court of common Pleas in and for Said District all which matter and thing may more fully appear by a copy of Said Petition warrant and affidavit together with the Several returns and orders [image of page 4] Orders thereon herewith to be shewn in court as will as refference being had to the originals on file in the court of common Pleas Together with the original Proceeding and those of record in the Said court, and the Said Sylvanus further Sayeth that he Hath repeatedly and Duly Notified and apprised Said Peeler that the Tribunal to which he applied for redress had no Jurisdiction of Such cause of complaint whereof he complained That the Proceedings was Extrajudicial that his complaint was unfounded in fact, And his Proceedings therein cruel Tiranical and Malicious, and Said Petition and affidavit irregular and Erroneously founded and void in form and substance

Yet the Said Peeler well Knowin the Premises and meaning and intend to vex Harrass and enjure the said Phillips Maliciously commenced and continued to Prosecute said Suit until the Same was quashed and Declared void by the court of common Pleas in and for Said District at their December Term for the year of our Lord one thousand Eight hundred and Eleven all which the Said Phillips Sayeth he is ready to verry by th Record of the Said court in the Premises until which Time the Said Negro remained in the hands of the Sheriff and out of the imploy of the Said Phillips being one year and one month which will also appear by refference to the Record and the Said Sylvanus further Sayeth that he hath been Put to great Trouble and inconvenience In travelling Divers Times in the inclement Season of the year to attend to the Defence of Said Suit whereby his health hath been much impaired and his life indangered, and further that he hath been Necessitated to Expend Divers Large Sums of money for his Expenses and Support [image of page 5] as well as imploying counsel in and about the defence of Said Suit, and the Said Sylvanus further Sayeth that the Said Peeler hath then and there Done unto him other wrongs and acts of violence against the Peace and Dignity of the united States of America wherefore the Said Sylvanus Sayeth he is worse and hath Sustained Damage two Thousand Dollars wherefore he brings Suit
Perly Wallis Atty
For Plaintiff

Sylvanus Phillips
v.
Richmond Peeler

the clerk will Issue a summons in a Plea of Trespass force and Arms For Assault and battery and
false imprisonment returnable to November Term

Perly Wallis Atty for Plaintiff
1812 Damage $2000
Sept 12th 1812

Arkansas common Pleas
November Term 1812
Sylvanus Phillips
v.
Richmond Peeler
Plea of Debt
Damage $ 2000

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Territory of Louisiana
District of Arkansas

The United State of america To the Sheriff of arkansas District - Greeting
We Command you that you summons Richmond Peeler 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 at the town of Arkansas in and for the district of arkansas on the fifth Monday of November next then there to answer unto Sylvanus Phillips, in a plea of trespass force and arms assault & Battery and false Imprisonment to the Damage of the said Phillips as he says two thousand Dollars - and have you then there this Writ

Witness the Honorable francois Vaugine Esquire presiding Judge of our said Court at the town of Arkansas aforesaid this ninth day of October one thousand eight hundred and twelve & of the Independence of the united States the thirty Seventh
P Cassidy Clerk

(Red Wax Seal)

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