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Robert Crittenden
vs } declt dam $25.000
Wm. E. Woodruff

Filed July 5. 1827
D.E. McKinney clk

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Executed by reading the within Declaration & writ to the within named William E Woodruff at his own house in the Town of Little Rock Big Rock Township July 5th 1827
servis 80 cents
A Roane Dy Shff

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Territory of Arkansas
County of Pulaski
Solicit
In the Superiour Court in and for said Territory
October term 1827

Robert Crittenden by attorney &c complains of William E Woodruff of a plea of Trespass on the case &c
For that whereas the said Robert Crittenden now is an honourable true and reputable citizen of this territory and as such has always conducted himself and until the committing of the several grievances by the said William E Woodruff defendant in this case as herein after mentioned was always reputed and esteemed by and amongst the honourable and worthy citizens of this territory to whom he was in any wise known; to be a person of good reputation and honourable standing in society (viz) at the County of Pulaski in the Territory of Arkansas on the twelfth day of June in the year of our Lord eighteen hundred and twenty seven– And whereas the said Robert Crittenden plaintiff held on the said twelfth day of June AD 1827 and for many years previous had held and now holds the Secretariship of the Territory of Arkansas an highly honourable office and one involving heavy responsibilities to the people of this territory and to the government of the United States, which office is derived from the president of the United States by and with the advice and consent of the Senate. And the General Government confiding in the [Image of page 3] intigrity honour and ability of the said plaintiff have at various times entrusted him with the management of other important trusts and negotiations-viz- Among other trusts of this nature he the said plaintiff was legally empowered to treat on behalf of the United States as their commissioner and reprisintative with the Quawpaw nation of Indians. In pursuance of which power he the said plaintiff concluded a treaty with said Indians in the Territory of Arkansas afsd- on the fifteenth day of November AD 1824– And whereas also the said plaintiff has according to the designs and wishes, and according to the interest and policy of his government discharged and performed all duties and services imposed on him by virtue of the afsd appointments faithfully, justly and impartially without injury or oppression to private individuals and without wrong to the government and has never been guilty or until the time of the committing of the afore said several grievances by the said William E Woodruff as hereinafter mentioned been suspected to have been guilty of the offences and misconduct herein after mentioned to have been charged upon and been charged upon and been and imputed to the said Robert Crittenden or of any other such offences or misconduct either as a private citizen or as a publick officer–Yet the said William E Woodruff well knowing all and singular the premises afsd but contriving and wickedly and maliciously intending to hurt injure and degrade the said plaintiff in his aforsaid good name character and reputation-- and his said office of Secretariship of the territory of Arkansas and to destroy that confidence which is and has been placed in the plaintiff by the General Government [Image of page 4] and further wishing and maliciously intending to cause it to be believed that he the said plaintiff that he the said plaintiff had acted unjustly decietfully and dishonourably in his said publick charges and duties and was and had been guilty of gross offences and misconduct in the same: and the defendant wishing further to subject him the said plaintiff to the pains and penalties provided and prescribed by law against those guilty of any offences or misconduct in the discharge of the duties incident to offices and commissions under the government: heretofore to wit on the twelfth day of June in the year of our Lord eighteen hundred and twenty seven afsd at the County of Pulaski in the Territory of Arkansas afsd falsely wickedly and maliciously did compose and publish and cause and procure to be published in the Arkansas Gazette a weekly paper edited in the Town of Little Rock by the said defendant of and concerning the said Robert Crittinden plaintiff and of and concerning the manner in which the said plaintiff has discharged the duties and trusts confided to him by the general government; a certain false scandalous malicious and defamatory libel, containing amongst other things the following false scandalous malicious and defamatory words of and concerning the said plaintiff and of and concerning the manner in which the said Crittenden has discharged the duties and trust confided to him by the United States– that is to say " Did not Mr. Crittenden (mean the said plaintiff) know at the time he executed the deed to Woodruff (alluding to the conveyance of certain lots in the town of Little Rock to [Image of page 5] Woodruff the defendant) that he (the plaintiff) had no title to convey. as the conveyance (meaning the conveyance of the said lots) made by Oden to him (the plaintiff) was fraudulent" "Has not Mr. Crittenden (meaning the plaintiff) since acknowledged that he knew the transfer from Oden to him (meaning the transfer of the afsd lots) to be fraudulent and made for no other purpose than to prevent Odens creditors from executing the property".

Meaning by which words that the plaintiff Crittenden has made a pretended conveyance of property to which he had no legal right, with the view and design of defrauding the said Woodruff–

And the said defendant of his further malice afsd in the libel so as afsd published further published viz "It is true that the oath of Mr. Crittenden (meaning the plaintiff) and of a third person is offered if called upon to verify, that Mr. Crittenden (meaning the plaintiff) did not give his permission and assent that Mr. Conway (meaning Henry W Conway the then delegate in congress from the Territory afsd in whose hands the government had at that time placed a large amount of money to be paid over by the said Conway to Mr. Crittenden aforesaid to enable him the commissioner on the part of the United States to treat with the Quawpaw nation of Indians) might retain six hundred Dollars of the treaty money (meaning the money placed in the hands of the said Conway for the purposes afsd) until his (Mr. Conway's) return to Washingington. But this (meaning the oath of Mr. Crittenden) is still no proof" Meaning that the plaintiff has stated a falshood and was willing to make oath to the same. and that his (the plaintiffs) oath [Image of page 6] was not entitled to credit–

And the said Woodruff of his further malice in the libel by him published on the twelfth day of June 1827 as afsd used concerning him the plaintiff. the following false sclanduous and libelous words viz "Has Mr. Crittenden meaning the said plaintiff never appropriated publick money for his own benefit or for the benefit of any of his friends" Meaning thereby that the plaintiff had corruptly and dishonourably misapplied funds entrusted to him as a publick officer–

And the said defendant further of his malice afsd in the libel so as afsd by him published on the 12th June AD 1827 at the County of Pulaski afsd did use concerning the plaintiff the following false and slanderous words vis "Did he (meaning the said Crittenden) not in December 1824 transfer a government draft (meaning a draft belonging to the government) for two thousand seven hundred and fifty Dollars to a gentleman of this Territory. to purchase the lands on which the town of Little Rock is built". meaning thereby that the plaintiff had corruptly and for private advantage and contrary to the wishes and interest of the Government which entrusted him. appropriated the said sum of money to the purposes of private speculation–

And the said William E Woodruff of his further malice in the libel so as afsd by him published on the 12th day of June in the year of our lord 1827 at the County afsd published of and concerning the plaintiff the following false and slanderous words (viz). "Did he (meaning the afsd plaintiff) not give to a merchant of Little Rock the money received [Image of page 7] from Mr. Conway (meaning the afsd delagate to congress) for making the Quapaw treaty (meaning the aforesaid treaty with the Quawpaw Indians) to purchase goods in Kentucky. and were not these goods sold to the indians at a very enormous advance"?

Meaning thereby that the said plaintiff had fraudulently and corruptly colluded with others and used the money placed in his hands by the united states for a special purpose. so as to produce the greatest private advantage to himself and his supposed associate.

And the said defendant of his further malice in the libel so as afsd by him published also used of and concerning the said plaintiff the following defamatory words (viz) "Was not Mr. Crittenden meaning the plaintiff) a secret participator in the contract for furnishing the said Indians (meaning the Quapaws) with corn and beef when removing from their lands. and did he not receive nine hundred Dollars as his proportionate third of the profits of said contract meaning thereby that the plaintiff had fraudulently corruptly and in a manner unworthy an officer of the general government been concerned in the afsd contract—

And the said plaintiff Robert Crittenden in fact further saith that the said William E Woodruff knowing all and singular the premises as afsd yet contriving and wickedly and maliciously intending to injure the said plaintif as afsd in his reputation and character. and also to dishonour him in his said office. and to bring him into disgrace with the general government by causing it to be believed that he had acted inconsistently [Image of page 8] with the honour and duty of a publick officer. heretofore to wit on the 12th day of June in the year of our Lord 1827. at the County of Pulaski afsd falsely wickedly and maliciously did compose and publish and cause and procure to be published in the Arkansas Gazette. (a weekly paper edited by the said defendant in the town of Little Rock of and concerning the said Robert Crittenden and of and concerning the manner in which the said plaintiff has discharged the trusts and duties reposed in him as a publick agent and officer as afsd a certain other false malicious defamatory and slanderous libel over the signature of A Voter of Pulaski County. containing amongst other things. in effect and substance the scandalous malicious false and defamatory matter following. viz.–That the said Robert Crittenden plaintiff had corruptly and dishonourably colluded and secretly negotiated with a certain individual to enable him to release his property from a liability to pay his just debts and thereby assisted him to defraud his creditors- and that the said plaintiff had made a conveyance of property to the said William E Woodruff to which he the said plaintiff had no right or legal title with the intent and design to deceive and defraud the said defendant–

And further in the third paragraph of said libel it contains in effect the following libellous matter (viz) That the oath of the said plaintiff Crittenden was not entitled to credit because of his (the plaintiff's) great corruption and disregard of the solemnities of an oath And further that the said plaintiff when entrusted by the Government with monies [Image of page 9] appropriated to particular purposes of a publick nature. did corruptly and fraudulently use and dispose of the the same for the private advantage of himself and his friends see fifth paragraph of said libel.

And further that he the said plaintiff as will in substance appear by a reference to the sixth paragraph of said libel did fraudulently transfer a draft belonging to the United States for two thousand seven hundred and fifty Dollars to a gentleman of this territory for the purposes of private speculation and advantage.

And likewise the seventh section paragraph of said libel in substance in the libel contains the following- (viz) That the said plaintiff corruptly and with a view to the private interest of himself and his supposed associate, placed a large amount of money put at his (the plaintiffs) controul by the Government to enable him to treat as commissioner on the part of the United States with the Quapaw nation of Indians, in the hands of a merchant of Little Rock and that that money was so disposed of and used by said merchant as to promote the individual interest of himself or the plaintiff and to defraud the indians. (all which was contrary to the policy and instructions of the government).

And in the eighth paragraph section of said libel so as afsd published it is in effect further stated and alledged. That the said plaintiff Crittinden corruptly covinously and fraudulently and in a manner dishonourable to an officer of the government participated in a contract to furnish the said Quapaws with provisions when they [Image of page 10] were about to remove from their Lands (meaning those on the Arkansas line) By means of the composing and publishing of which said several libels containing the aforesaid several false slanderous malicious and defamatory words and matters. and charging the plaintiff with the aforesaid offences and misconduct in the discharge of his duty under the several commissions and appointments which he has derived from the United States the plaintiff Crittenden is greatly injured and prejudiced in his said character and reputation and has been suspected and believed to have acted unworthily unjustly decietfully and dishonourably in his afsd publick employments. and has been rendered liable to a charge before the proper authorities of the Government for corruption in office. and also to the loss of the profitable and honourable appointments which he the said plaintiff has held and still holds under the government of the United States. and is also liable to be indicted and prosecuted for the crime of making fraudulent deeds. And the plaintiff has further undergone great pain distress and trouble both in body and mind and has been otherwise greatly injured. To the damage of the said plaintiff twenty five thousand Dollars-and therefore he sues.
Wm Cummins
Plaintf Attorney

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The Clerk of the superior Court will issue a summons on the foregoing Declaration and endorse the same an action of trespass on the case, for a libel, Damages of $25.000
Wm Cummins

TERRITORY OF ARKANSAS
UNITED STATES OF AMERICA,
ss.
United States of America
To the Sheriff of Pulaski County Greeting:
You are hereby commanded, to summon William E Woodruff to appear before the Judges of our Superior Court at the Court-house in the town of Little Rock, in the county of Pulaski, on the first day of our next October term, then and there to answer Robert Crittenden to a a plea of Trespass on the case for a libel-damage Twenty Five thousand dollars and have you then there this writ.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Seal of my office, at Little Rock, this fifth day of July 1827, and of the Independence of the United States of America the 52nd.
D.E. McKinney Clerk.

(Stamped Seal)

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[This is] an action of tresp[ass]
[on the] case for a libel -
[dam]age Twenty five thousand
[dolla]rs
D.E. McKinney clk.

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