James Gaines to Stephen F. Austin, 11-01-1824

Summary: Complicated trading.

Sabine Novr 1st 1824

Col Stephen F Austin

Dr Sir I Regret not being able to move out this fall on account of the unsetled situation of my affairs;

I Beg leave to call your attention to some business of mine in your Colony which has transpired since I Left there the Inclosed Documents will show the true State of the Case (that is its origin) that is in my absence in 1821 a man that was doing business for me Credited Andrew Roberson for Groceries Ferriages etc to the amount of $56, which he was to discharge in a mule, when I Returnd well knowing Robersons way of swindling and shirking out of paying his Debts, agreed to swap horses with him to get the Debt, and give him the Debt to boot which is $56—agreeable to an Entry made on the 10th of October 1821 which Book I send you for your information after we had setled he Told me he was about to start to the Brazos and had no amunition to kill meat for his family and had no means of geting any Except I would Credit him I answered I waz Friendly to that business and would spare him all I had which makes the account of $14-25 I se him at Inglishes in the Pallo Gouch [Palo Gaucho] Last fall he then promised to pay me when I came to the Brazos when I went to the Brazos I Could not find him at home but met him in Company with Capt Jones and others he Told me Jackey Hall was waiting at home to settle with me I Considered that sufficient and I made no application to him when I went to se Mr Hall To get through with what I thought a bad Business I bought an old horse of Hall and presented Robersons account of $14-25, which he stated he Recollected, and Took it, in part pay

I will now give you a True Statement of Col Coles Proceedings with me and on that Case, as I went to St. antonio I left an account on John Mitchell of $12 50 for Collection he Collected a good horse and Lent him to Mr. Whiteside when I Returned he was missing and I Could not get him but he promised to Send him by the first safe hand I then Left with him for Collection a note on Joshua Parker for a mule and an account on the same for $125 also a note on G Alsberry for $20 Sometime after that he wrote me that Roberson had Denied the account and that Hall Talkd of attaching But that he had not seen him I conceived It so unfounded that it would End in Idle Talk

But on the 7th of September he wrote me that Hall had attached and he had given up Parkers note for a mule and his account for $12-50 to pay the Debt of $14-25,

Now what apears Curious to me Col Cole had sold my horse he Collected of Mitchell to Car to pay his Own Debt of $25— If he Considered Halls Claim good against me for $14-50 why Did he not pay It out of my money without a Sacrafise or why Did he not Collect It of Parker or Alsberry, all of which Claims had been put in his hands for Collection Long before Hall's against me, had Halls Claim been a just one I Should Consider It a Daring outrage Comited on me, an attachment against an Inhabitant of the Province and Residing in the Same Place During the Time of all the Contracts and proceedings, and the Officer to hold my money and supply $52-50 to be Sacrifised for $14-25, and that apeared of the Basest nature, and may justly be Considered I am Swindled (If I was to Let It Remain so) out of $66-75 for Befriending a villain with Powder and Lead to Save the Lives of his family to the Brazoz

Your Honer will please Examin the whole Documents and Inform me If any Redress may be Expected I am sir

Jas Gaines [Rubric]

[Re-Addressed by Austin:] John P. Coles Esquire