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United States of America       }          In the Superior court to the August Term of the year
Territory of Arkansas             }          of our Lord one thousand Eight and twenty three—

To the Honorable the Judges of the Equity Side of Said court in chancery sitting—Your orator William Russell humbly complaining therewith unto your honors that at the April Term (on the law side) of Said Superior Court, in the year 1822 a certain Edmund Hogan whom your orator prays may be made defendant to this your orator's bill of complaint— recovered in an action of Trespass on the Case for a Libel against your orator the sum of Two thousand four hundred dollars in damages together with all costs of said suit, which said suit was founded upon a letter purporting to have been written by your orator and addressed to Radford Ellis, & Stephen Harris-Marked No.1 and filed with the papers in said suit a copy of which your orator has ready to produce to your honors Marked as aforesaid, to which he refers, and prays may be made a part of this bill. One of the principal charges against said Hogan, contained in said letter is the following towit, that while said Hogan was a member of the legislature of Missouri “Such time as Hogan could spare from gambling he spent in legislation. As to the Honor of the country he then represented he sacrificed in every way in his power, even by playing cards with a negro by the name of Lyon who kept a tippling shop in St. Louis until he brought the very honor of Arkansas into disgrace”—which charges your orator at the [Image of page 2] time of writing said letter believed and yet believes to be true. But the person from whom your orator had derived his information relative to the charge above quoted, having left the sd. Territory of Arkansas and was reported to have died, previous to the writing of sd. letter or trial of said Cause, which report your orator believed. That at the trial of said cause and during the April Term aforesaid of said Superior Court Neither your orator or his counsel knew of any person by whom the above charges could be identically proven. But Since the trial of said cause and Rise of said Court, your orator has discovered witnesses by whose evidence Said charges can be established. That Since the trial of Said cause and adjournment of said April Term of said Court, your orator has discovered facts not previously known to him or his counsel, and witnesses by whose evidence the said facts can be proven of which witnesses neither your orator or his counsel had knowledge untill since the time of the trial of said cause and rise of said court. By the evidence of which witnesses the fact can be established. that the said Edmund Hogan at the time he was a member of the Missouri legislature, stated in the letter aforesaid, absconded from St. Louis in the night time, without having paid his just debts, thereby establishing the facts that said Hogan disgraced the country he then represented as stated in Said letter,- Your orator is informed and believing, that pending the trial of said cause and after the evidence therein had nearly or entirely closed, and before a rendition of a verdict by the Jury, the court had a recess or adjournment for dinner, during which recess the Jury empaneled [Image of page 3] to try said cause was permitted to go at large and that during which recess, all or nearly all of said Jury drank freely of ardent spirits with said Hogan which ardent spirits were furnished by and at the expense of said Hogan for said Jury to drink and that during which recess the said Hogan (and Samuel H. Hinkston the Friend and Brother in law of said Hogan) conversed freely with said Jury, and drank freely of treated them to ardent spirits of which they drank freely at the expense of said Hogan during the time of the trial of Said cause, all of which said treating to ardent spirits to said Jury by said Hogan and his drinking and conversing with them while said trial was pending was unknown to your orator or his counsel, until after the rise of said Court, your orator is also informed and believes, that after the argument of Said cause was closed, on both sides and said Jury retired to consider of and determine upon this Verdict, that instead of reflecting seriously and consientiously of the issue they were sworn to try, they hastly agreed, that each juror should put down in figures or cyphers the amount each Juror thought the verdict should be, and add the amount so put down together, and then divide the total by the figure Twelve and the product should be the amount which they would assess as damages in said cause which your orator is informed and verily believes was done and that the sum so acertained and produced was the same which said Jury returned into court without any deviation from it other than to make the number of hundred dollars that the product of the decision came nearest to, Thus ascertaining [Image of page 4] the amount of damages and verdict against your orator by an improper and unlawful agreement of said jury to abide by what chances should determine and not by the result of the several consciencious Judgments The said mode of agreement of said Jury was unknown to your orator or his counsel until after the rise of said Court. That William Flanakin and William Jones as Your orator is informed and believing of said Jury were Sworn to answer questions, previous to them being Sworn in chief, and to the questions put to them, they answered that they knew nothing of the case, Yet the said Flanakin and Jones and others of said Jury (as your orator verily believes) had in truth formed and expressed an opinion before they were sworn in chief and before they had heard the evidence in the cause “Which facts of the said Flanakin & others of said Jury having so formed and expressed opinions before the evidence in Said cause was heard by them, was not known to your orator until after the rise of said Court”Your orator further verily believes that part of the aforesaid Jury was detained by the said Hogan, and kept near the person of the Sheriff for the express purpose of having them Summoned on the Jury as they were; That Benjamin Shattock was summoned to Serve as a Juror upon said trial and was afterwards excused by the Sheriff without having made any excuse to the court as is usual and another Juror was Summoned in his place, and which Said fact was not known to your Orator or his counsel until after the rise of said Court, all of which facts, as herein before stated have been discovered by your orator Since the adjournment [Image of page 5] of the aforesaid April Term of said Superior Court and were unknown to your orator or either of his counsel until after the adjournment and rise of said court, that the said Edmund Hogan caused an Execution to issue and be collected from your orator, the amount of the Judgment rendered upon the verdict of the Jury aforesaid with interest thereon and costs of said Suit &c Amounting in the whole to two thousand five hundred and ninety one dollars and seventy one cents (or there abouts) which will more fully appear by reference to said Execution, a copy of which your orator has here ready to produce to your honors Marked N.2 and prays may be made a part of this bill, and that the aforesaid fact, and evidences were not known to or discovered by your orator in time to obtain an Injunction, or stay of the collection of said execution. Your orators counsel rested his defence in part upon the plea of not guilty and in part, and more particularly upon a plea of notice and Justification in said cause, and thereon an issue was joined, under which state of the pleadings your orator verily believes that he will and ought to recover said suit in case he obtains a new trial; In support of which opinion he makes, the exhibits aforesaid— Your orator confiding in the wisdom and Justice of your honors, and the equity side of said Superior Court, having a superintend=power and controul, in all matters of Law and equity, and being informed and believing as your orator does, that the courts of equity both of England and the United States, are in the frequent practice of setting aside (or reversing) Judgements and ordering new trials at Law [Image of page 6] where manifest injustice has been done, or frauds practiced by either of the parties; to which end, and to obtain equitable relief against the aforesaid frauds, subtilties, arts, operations, proceedings, devices, crafts, cunning interoigues and circumvention practiced by said Hogan against your Orator in the aforesaid cause from the commencement of said action until its termination (during much of said time your orator was absent in Missouri) having greatly wronged injured and embarrased your orator not only in oppressing part of bius by the excessive damages found by the Jury but also in establishing by the verdict of said Jury that your orator was a defamer of private character, and that the aforesaid actings and doings in figures and circumventions of said Hogan were fraudulent, wrongful, and oppressive to your orator, by which manifest injustice has been done to him. Contrary to equity and good conscience, and to the wrong and injury done to your orator, your honors he humbly conceives cannot doubt. And in as much as your orator is wholly remidiless by the rules of common law and can obtain relief in equity only, where matters of this kind alone can be heard. In tender consideration whereof and to the end that speedy and complete justice may be done to your orator in the premises he prays that the said Edmund Hogan may upon his corporeal oath true full and perfect answers make to all and singular the several matters and things herein contained [Image of page 7] and hereby charged alledged or mentioned in this your orators Bill of Complaint, as fully perfectly and particularly as if the law here now sentence by sentence propounded again to him by way of interogatories and that upon a full and complete hearing of this case that your honors will reverse set aside and annul the said judgment at law and order and deem that execution issued in favour of your orator against the said Edmund Hogan for the sum of Two thousand five hundred and ninety one dallars and seventy one cents (or there abouts) the amount your orator paid on the execution aforesaid together with interest on the same so paid from the time of the payment thereof, and such additional damages as your Honors may deem just and equitable, and further that your honors will order grant and deliver to your orator a new trial on the law side of your honorable court of said suit or action at law. And your orator further prays that Your honors will grant to him Your writ of subpeona, directed to said Hogan commanding him under a certain penalty, to appear before the equity side of your honorable court, on the first day of our next August term thereof in this year first aforeasaid to be holden in the town of Little Rock in said Territory on this third monday of August next and then and there to perform and abide by all such judgments, orders and decrees therein as to your honors shall deem just and equitable and that your honors will grant unto your orator such other and further relief in the premises as the nature and circumstances of his case may require and as to your honors shall seem that and your orator as in duty bound will enpray &c

Trimble Quarles &
A. H. Sevier

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Arkansas Territory

Pulaski County

William Russell of lawful age being duly sworn according to law deposeth and saith that the facts contained in the foregoing bill, as stated from his own knowledge are true. And so far as they depend upon the information of others he believes to be true.

Wm. Russell

Subscribed and sworn to before the undersigned Matthew Cunningham a Justice of peace in and for Big Rock Township of Pulaski County in the Territory of Arkansas the 11th day of July in the year 1823.

Matthew Cunningham J.P.

Wm. Russell
vs. } Bill Chy.
Edmund Hogan

Filed 11th July 1823
D.E. McKinney clk

Came to hand July 24 1823
H Armstrong
Shff P.C.

I do certify that I served this Bill & Subponea by delivering a copy to Wm Hogan at the house of Edmund Hogan and informing him of the contents in Pyatt Township July 29th 1823.

Service .80
Cir Mileage 3 miles 1.50
$2.30

H. Armstrong Shf. P. County

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