William Patterson
vs } slander
John Hill

Filed 14th July 1831
W. Field clk.

Costs Taxed page 143
(143)

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Copy of all the Papers & Proceedings in the case. William Patterson against John Hill on action of slander

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Territory of Arkans
St Francis County ss
In the St. Francis Circuit Court
September Term 1829

St. Francis County
William Patterson Plaintiff complains of John Hill defendant being in custo-dy &c of a plea of Trespass on the case &c.

For that whereas the said William Patterson is a good and faithful citizen of this Territory and hath ever been so and was always of good reputation and character among his neighbours for honesty and probity and never has been guilty or suspected of the attrocious crime of perjury nevertheless the said John Hill in nowise ignorant of the premises but contriving maliciously and fraudulently to injure and defame the said William Patterson in his good character and reputation and to expose him to the penalties of the Law against perjury heretofore to wit, on the twenty eighth day of November in the year eighteen hundred and twenty eight at the County of St Francis aforesaid and within the Jurisdiction of the St. Francis Circuit Court aforesaid then and there in presence of divers good and worthy Citizens of this Territory and in conversation with them did loudly speak and publish in presence of the said last mentioned citizens of and concerning the said William Patterson these false scandalous malicious and defamatory words. that is to say he meaning the said William Patterson "is a damned perjurer rascal By reason of the committing of which said greivances by the said John Hill as aforesaid he the said William Patterson hath been and is greatly injured in his good name reputation and character and brought into public scandal injury and disgrace with and amongst [Image of page 4] all his neighbours and other good and other worthy citizens of this Territory in as much that divers of those neighbours and citizens to whom the innocence and integrity of the said William Patterson in the premises were unknown have on occasion of the committing of the said greivances by the said John Hill as aforesaid from thence hitherto suspected and believed and still do suspect and believe the said William Patterson to have been and to be a person guilty of Perjury and have by reason of the committing the said greivances by the said John Hill as aforesaid from thence hitherto wholy refused and still do refuse to have any transaction acquaintance or discourse with him the said William Patterson as they were before used and accustomed to have and otherwise could have had.

To the damage of the said William Patterson Five Thousand Dollars and therefore he brings suit &c

Pledges to Pros }
John Doe
Richard Roe

Plff Attys
Clark & Van Matre
The clerk of the Circuit Court of the County of St. Francis will issue a summons in this case returnable to September Term Eighteen hundred and Twenty nine and indorse this is an action of slander, no bail required Damage 5000 Dollars
Clark & Vanmatre Plffs
Attos

Filed August 13th 1829
Spencer Crouch clk

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Territory of Arkansas
United States of America
SS

To the sheriff of St. Francis County. Greeting.
You are hereby commanded to summon John Hill if he be found within your bailiwick to appear before the Judge of our circuit Court at the House of William Strong in the County aforesaid on the first day of our next September Term then and there to answer William Patterson to a plea of Slander damage Five thousand Dollars, and that you make due return of this writ to our said Court
In Testimony whereof I have set my hand as clerk and affixed the seal of office this 13th day of August 1829 and of the Independence of the United States the 54th
Spencer Crouch clerk

(Seal)

Executed the within on the within named John Hill by reading to him the within summons and declaration in Union Township St Francis County on the 17th August 1829
Service on Summons 1.00
Milage on summons 32 miles 1.60
$2.60
Thos J. Curt D.P. shff

At a circuit Court begun and held at the House of William Strong within and for the County of St Francis in the Territory of Arkansas in the fourth Judicial circuit on Monday the seventh day of September in the year of our Lord one thousand eight hundred and Twenty nine was present the Honorable James W. Bates
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Tuesday Morning second day of the Term
Present same Judge as yesterday

William Patterson
against } slander
John Hill
And now at this day came the parties by their attornies and the defendant filed his pleas in writing and this cause is continued until the next Term of this Court

John Hill
ads
William Patterson
St Francis Circuit Court 1829
and the said John Hill by Felix H Walker his attorney comes and defends the wrong and injury when &c and says that he is not guilty of the said supposed greivances above laid to his charge in manner and form as the said William Patterson hath above thereof complained against him and of this the said John Hill puts himself upon the Country

Felix H Walker
Attorney for Defendant

and the Plaintiff doth the like
Cummins & Clark for Plaintiff

At a circuit Court begun and held at the House of William Strong within and for the County of St Francis in the fourth Judicial circuit in the Territory of Arkansas on Monday of May the third day of May in the year of our Lord one thousand eight hundred and Thirty it being the first Monday of said month.

was present the Honorable James W Bates Judge
Third day of the Term Presant same Judge as

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Wednesday morning third day of the Term court met pursuant to adjournment Present same Judge as yesterday

William Patterson
vs } Slander
John Hill

And now at this day came the defendant by his attorney Robert Crittenden and on his motion affidavit was filed setting forth the cause of continuance for want of material witnesses it is therefore ordered by the Court that this case be continued until the next Term of this court and that the costs await the event of the same

Territory of Arkansas
St Francis County
in the circuit Court of St Francis May Term 1830

John Hill
vs
William Patterson
This day the defendant John Hill appeared in open Court & made oath that all the material witnesses in the above case are absent that they might have been had in attendance at this Term of the Court but for a distinct verbal understanding with the Plaintiff William Patterson that the suit was compromised and that therefore the summoning of his witnesses would but produce useless and unnecessary expense to this affiant and this defendant further states that legal process would have issued for his witnesses but for the agreement of compromise that the material facts for his defence cannot be proven by any witnesses or other persons now within the reach of the court and that there is reasonable grounds to believe that his witnesses may be procured by the succeeding Term of this Court

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John Hill
Signed and sworn to in open Court
Spencer Crouch clk
This 5th May 1830
Filed 5th May 1830
Spencer Crouch clk

At a circuit Court began and held at the House of William Strong in the fourth Judicial Circuit in the County of St. Francis in the Territory of Arkansas on Monday the second day of May in the year of our Lord one thousand eight hundred and thirty one.
Present the Honorable James W Bates
Wednesday morning third day of the Term present same Judge as yesterday
William Patterson
vs } Slander
John Hill
And now at this day came the Plaintiff by his attorney and took issue upon the pleas of not guilty and also came the defendant by his attorney whereupon came a Jury, to wit. John Barnes Mark M Izard William M Taylor Stephen Dyer John McDaniel John Linch Ajax Dyer Joseph Caisbar Anderson Cockman Archibald May Noah Taylor and Mitchell Dyer Twelve good and Lawful men of the County duly Elected tried and sworn upon their oaths do say we the Jury find the defendant guilty and assess the Plaintiffs damage one cent. It is therefore considered and adjudged by the Court that [Image of page 9] the Plaintiff William Patterson have and recover of and from the defendant John Hill the sum of one cent for his damage together with his costs in and about his suit in this behalf expended and the defendant in mercy &c
no1 A
Patterson
vs } Motion for a new trial
Hill
the defendant in the above cause by Wheatley his attorney comes into Court and moves for a new trial for the following reasons. 1st The absence of witnesses material in the defence of sd cause and whose materiality was not discovered until after the trial as appears from the affidavit of the defendant
2nd That by the oaths of two or three of the witnesses above alluded to the truth of the words spoken by defendant of Plaintiff for the speaking of of which this action was brought could have been proven a fact of which defendant was not apprised until since the trial

3d That the counsel originally engaged in this cause on the part of the defendant was absent in consequence of which he was under the necessity of engaging other counsel at the moment of the trial who could not have had an opportunity of investigating the cause & making such defence as if more time had been allowed

4th The counsel in above cause represents that owing to his having been engaged in the cause but a few hours before the trial he was not apprised of the nature of the defence proper to be made and is bound to believe from information that Justice [Image of page 10] has not been done and that evidence exists by which the defendant can substantially defend himself vs this action
5th That the verdict is contrary to Law and evidence
Wheatley Atto
P.R.

no 2. B
Filed 5th May 1831
Wm B.R. Homer
Dept clk
No 2. B
United States of America
Territory of Arkansas
St Francis circuit Court May Term 1831
Patterson
vs
Hill
The defendant in the above cause on oath states that since the trial of the above cause he has discovered new evidence materially advantageous in his defence Alexander Kincaid will prove as affiant has been informed since the trial and verily believes that the Plaintiff in this action is a certain matter of controversy depending before Silas Pledger a Justice of the Peace wherein the United States were Plaintiff and Littlebery Franks was defendant on a charge of Larceny for stealing hogs which prosecution was had in the County of Phillips & Territory of Arkansas upon oath stated facts which he sd Plaintiff in this action knew to be false and thereby did commit Perjury, affiant further states that he has been informed since the trial & within the last half hour and believes that Patrick Counsel & John Pledger will prove the same facts of all which affiant was ignorant until the trial. affiant has been informed & believes that Henry Wiggins will prove the same facts [Image of page11] affiant further states that he was advised by his Counsel that the Absence of Wm Critten who had been of Counsel for him would be good cause for a new trial, for these reasons, affiant prays that a new trial may be granted for no other reason than that Justice should be done
John Hill

Sworn to in open Court
May Term 1831
Spencer Crouch clerk
By his deputy
W B.R. Horner

Filed 5th May 1831
W B.R. Horner Dept
for Spencer Crouch clk

William Patterson
vs } case for slander
John Hill

Now at this day came the said Hill defendant as aforesaid and moved the Court on reasons filed and on the affidavit of the said to grant him a new trial in this case the court not considering the affidavit sufficient leave was given to file an additional one which was done and after hearing argument and the court being sufficiently advised the motion was overruled and a new trial refused to which opinion of the court the defendant excepts and filed his bill of exceptions & Exhibits. It is therefore considered that the said Plaintiff have and recover of and from his costs in and about this motion expended
No 3 C

John Hill
ads
W. Patterson
Says that the Plaintiff ought to have or maintain his action against him because he says that before the speaking and publishing of the said words of and concerning the said Wm Patterson in the said declaration mentioned [Image of page 12] to wit, on the first Saturday in August in the year 1826 in the County of Phillips in the Territory of Arkansas before Pledger &c for Walnut Township in a Prosecution &c in By Joseph C Dunn in the name of the United States on a charge of Larceny against Littleberry Franks for stealing hogs not guilty was pleaded by the said &c the court being then holden & sitting on &c aford. and upon such trial before the Justice of the Peace afsd. Patterson appeared as a witness for the defendant and the said Patterson was before the said Court then and there by the said Pledger duly sworn &c to speak the truth touching the matter in controversy &c the said Justice having power to administer said oath &c under said trial certain matters became &c was material to wit. whether the said hogs in dispute was the property of the said Dunn nor that of the said Franks and the said Hill further says that the said Patterson on the first Saturday in August 1829 the Township & County afsd. falsely wickedly wilfully maliciously and corruptly and by his own act and consent did say and give evidence that the hogs alledged to have been be stolen were the property of the Franks. that he Patterson had sold the hogs to said Franks and that the time the hogs were sold by him Patterson to Franks he had a bonifide right to them whereas in truth and fact the hogs were never the Property of Patterson nor did he ever sell said hogs to Franks and the said Patterson thereby committed Perjury &c and the said defendant Published the said words as it was Lawful for him to do and this he is ready to verify wherefore he prays Judgement &c and for further plea in this behalf the deft says that in a certain suit before Cyrus Little Esqr in and for St Fras which James Lowery was Plff & William Wilson [Image of page 13] was Deft. the said Court being holden on the 12th day of June 1829 and on said trial said Patterson said he was not Interested in the cause of the suit afod and that the cow beast the matter of the controversy was the property of the Plff said to be false &c verifys & prayers in the [?]-
J H Walker

Examine the crime and perjury & see what can he give in evidence under the general issue examine the statute concerning pleas &c

The pleas filed by the defendant in this case are contradictory the defence should constitute the first plea is that he did not speak the words the 2nd is that he did speak them but Justifies &c he depends on the Latter Plea. there is no issue the first for it admits that he is guilty
Wm Cummins

Filed 5th May 1831
Wm B.R. Horner
Dept clerk

Bill of exceptions

St Francis County
Arkansas Territory
Circuit Court May Term 1831

William Patterson
vs
John Hill
Be it remembered that on Wednesday the third day of this Term the above cause came to trial when the Jury returned into court the following verdict to wit, we the Jury find the defendant guilty and assess the Plaintiffs damage one cent and on another day to wit, on Thursday the fourth day of the Term the defendant by his attorney moved the Court for a new trial and assigned for reasons those set forth in paper now Marked A. and also the facts contained in an affidavit of the defendant No.2 Marked B. both of which Papers accompany this bill [Image of page 14] This motion the court overruled on the ground that special pleas of Justification and the truth of words spoken for the speaking of which this action was brought had been filed and withdrawn a copy of which pleas accompany this bill Marked C No.3. and that it appeared from subpoenas issued to a former term of this Court that two of the witnesses to wit, Kincaid & Wiggins mentioned in the affidavit of the defendant marked B. had been had been summonsed To which opion the defendant by his counsel excepts and prays that this his bill of exceptions may be signed sealed and made a part of the record
J.W. bates (seal)
Filed 5th May 1831

Wm BR Horner
Dept. clerk

Territory of of Arkansas
County of St Francis
ss
I Spencer Crouch clerk of the Circuit Court in and for the County aforesaid do hereby certify that the foregoing is a true copy of the Papers and proceedings had in the case William Patterson against John Hill as above seen
In Testimony whereof I have set my hand as clerk and affixed the seal of office this 13th day of June AD 1831. and of the Independence of the United States the 55th
Spencer Crouch clk

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