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costs Charged in fee Book
Page 97

John Kerly
vs } Slander
Wm Jones

Trespass on the case for Slanderous words Spoken
Damage $5000
Cummins & Ashley P.Q.

Filed October 13th 1828
attest
Daniel Ringo D.C

(Right)
1828 October term plea filed & cont at defts costs

1.60
66
1.32
99
1.65
66
20
$7.08

Ex September 17th

Executed on the 17th day of September 1828 on William Jones By reading the same to him in Big Rock Township
service 80 ct
Cr milge 16 mls 80
$1.60
L Cotter D shff

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Territory of Arkansas
County of Pulaski
In the Superior Court in and for the territory to October term 1828

John Kerley by Wm Cummins his attorney complains of William Jones of a plea of Trespass on the case
For that whereas the said John Kerley now is a good true honest Just and faithful citizen of this territory. and as such hath always behaved and conducted himself and until the committing of the several grievances by the said William Jones as herein after mentioned was always reputed received and esteemed by and amongst all his nighbours. and other good and worthy citizens of this Territory. to whom he was in anwise known to be a person of good name fame and credit to wit at the County of Pulaski and territory aforsaid And whereas also the said John Kerley hath not ever been guilty or until the time of committing of the said several grievances by the said William Jones as herein after mentioned been suspected to never been guilty of theft Larceny or any other such crime. By means of which said premises he the said

[Image of page 3] John Kerley before the committing of the said several grievances by the said William Jones as herein after mentioned had deservedly obtained the good opinion and credit of all his neighbors and other good and worthy citizens of this territory. to whom he was in any wise known to wit at the County of Pulaski and Territory aforsaid. Yet the said William Jones well knowing the premises but greatly envying the happy state and condition of the said John Kerley and contriving and wickedly and maliciously intending to injure the said John Kerley in his good name fame and credit afsd and to bring him into publick scandal infamy and disgrace with and among all his neighbors and other good and worthy subjects of this territory. and to cause it to be suspected and believed by those nighbors and citizens that he the said John Kerley had been and was guilty of Theft or Larceny. and to subject him to the pains and penalties by the laws of this territory made and provided against and inflicted upon persons guilty thereof and to vex, harass, oppress impoverish, and wholy ruin him the said John Kerley heretofore to wit on the first day of August in the year of our Lord eighteen hundred and twenty eight [Image of page 4] at the County of Pulaski aforsaid and within the Jurisdiction of this Court falsely wickedly and maliciously in a certain conversation or discourse which he the said William Jones then and there had with the said John Kerley of and concerning him the said John Kerley in the prisence and hearing of divers good and worthy citizens of this territory then and there in the prisence and hearing of the said last mentioned citizens falsely and maliciously spoke and published of and concerning and to the said John Kerley these false scandalous malicious and Defamatory words following. that is to say "You (meaning the said John Kerley) killed my cattle, and you and the God Damed negroes of Mrs Bradford's (meaning certain negroes belonging to Mrs Frances Bradford then and now under the direction controul and mangagement of the said John Kerley) eat them" meaning thereby that the said John Kerley had Feloniously killed cattle belonging to the said William Jones without his knowledge or consent for the purpose of feeding and supporting the aforsaid negroes under his management as aforsaid [Image of page 5] And after wards to wit on the first day of August in the year of our Lord eighteen hundred and twenty eight at the County of Pulaski aforsaid and within the Jurisdiction of this Court in a certain other other discourse which the said William Jones then and there had in the presence and hearing of one Henry Bradford and of divers other good and worthy citizens of this territory he the said William Jones further contriving and intending as aforsaid then and there in the presence and hearing of the said last mentioned subjects falsely and maliciously spoke and published of and concerning the said John Kerley these other false scandalous malicious and defamatory words following that is to say "He (meaning the said John Kerley) "killed my cattle, and he (meaning the said Kerley) and the damed negroes of Mrs Bradford (meaning the negroes of Mrs Frances Bradford under the controul and management of the said John Kerley) eat them, Thereby then and there meaning that the said John Kerley had stolen and feloniously killed and made use of his (the said Jones') cattle witout his knowledge or consent [Image of page 6] And afterwards to wit on the first day of August in the year of our Lord eighteen hundred and twenty eight at the County of Pulaski aforsaid in a certain other discourse which the said William Jones then and there had in the presence and hearing of divers good and worthy citizens of this territory he the said William Jones further contriving and intending as aforsaid then and there in the presence and hearing of the said last mentioned subjects falsely and maliciously spoke and published of and concerning the said John Kerley these other false scandalous, malicious and defamatory words following that is to say He the said "He (meaning the said John Kerley) "killed my (meaning himself the said William Jones) cattle in the range and made use of the beef Thereby then and there meaning that the said John Kerly without the consent of him the said William Jones had feloniously killed and stolen the cattle of him the said William Jones and appropriated them to his own use. By means of the committing of which said several grievances by the said William Jones as aforsaid he the said [Image of page 7] John Kerley hath been and is greatly injured in his said good name fame and credit and brought into publick scandal infamy and disgrace with and amongst all his neighbours and other good and worthy citizens of this Territory in so much that divers of those neighbors and citizens to whom the innocence and integrity of the said John Kerly in the premises were unknown, have, on occassion of the committing of the said grievances by the said William Jones as aforsaid from thence hitherto suspected and believed and still do suspect and believe the said John Kerly to have been and to be a person guilty of Larceny or theft and have by reason of the committing of the said grievances by the said William Jones as aforsaid from thence hitherto wholy refused and do still refuse to have any transaction or business with him the said John Kerley as they were before used and accustomed to have and otherwise would have had To the Damage of the said John Kerley Five thousand Dollars and therefore he bring his suit
Wm Cummins
Pro Quer

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The Clerk of the Superior Court will please issue a summons on the foregoing declaration and endorse the same an action of Trespass on the case for Slanders words spoken
Damage five thousand Dollars (No bail being required) and oblige
Wm Cummins
Sept 4th 1828

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