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Introduction to State of Illinois v. Williams et al. and State of Illinois v. Elliott–C Complaint, 22 September 1844 [State of Illinois v. Williams et al.] Warrant, 22 September 1844 [State of Illinois v. Williams et al.] Proclamation, 27 September 1844 [State of Illinois v. Williams et al.] Proclamation, 27 September 1844, as Published in Nauvoo Neighbor [State of Illinois v. Williams et al.] Agreement, 30 September 1844 [State of Illinois v. Williams et al.] Agreement, 30 September 1844, Copy [State of Illinois v. Williams et al.] Agreement, 2 October 1844 [State of Illinois v. Williams et al.] Agreement, 2 October 1844, Copy [State of Illinois v. Williams et al.] Agreement, 2 October 1844, as Published in Warsaw Signal [State of Illinois v. Williams et al.] Recognizance, 2 October 1844 [State of Illinois v. Williams et al.] Praecipe, 9 October 1844 [State of Illinois v. Williams et al.] Praecipe, 25 October 1844 [State of Illinois v. Williams et al.] Indictment, 26 October 1844 [State of Illinois v. Williams et al.] Indictment, 26 October 1844, Copy [State of Illinois v. Williams et al.] Docket Entry, Indictment, 26 October 1844 [State of Illinois v. Williams et al.] Praecipe, 26 October 1844 [State of Illinois v. Williams et al.] Docket Entry, Capias, 26 October 1844 [State of Illinois v. Williams et al.] Docket Entry, Discharge from Recognizance, 26 October 1844 [State of Illinois v. Williams et al.] Docket Entry, Recognizance, 26 October 1844 [State of Illinois v. Williams et al.] Memorandum of Testimony, circa 27 October 1844 [State of Illinois v. Williams et al.] Memorandum of Testimony, circa 27 October 1844, Copy [State of Illinois v. Williams et al.] Order, circa 19 November 1844 [State of Illinois v. Williams et al.] Warrant, 20 November 1844 [State of Illinois v. Williams et al.] Warrant, 20 November 1844, as Published in Reports [State of Illinois v. Williams et al.] Subpoena, 14 December 1844–A [State of Illinois v. Williams et al.] Subpoena, 14 December 1844–B [State of Illinois v. Williams et al.] Subpoena, 14 December 1844–C [State of Illinois v. Williams et al.] Subpoena, 14 December 1844–D [State of Illinois v. Williams et al.] Attachment, 14 December 1844 [State of Illinois v. Williams et al.] Bond, 20 March 1845 [State of Illinois v. Williams et al.] Subpoena, 8 May 1845 [State of Illinois v. Williams et al.] Bond, 17 May 1845 [State of Illinois v. Williams et al.] Praecipe, circa 18 May 1845 [State of Illinois v. Williams et al.] Subpoena, 19 May 1845 [State of Illinois v. Williams et al.] Docket Entry, Recognizance, 19 May 1845 [State of Illinois v. Williams et al.] Subpoena, 20 May 1845 [State of Illinois v. Williams et al.] Affidavit, 20–21 May 1845 [State of Illinois v. Williams et al.] Affidavit, 21 May 1845 [State of Illinois v. Williams et al.] Docket Entry, Motion, 21 May 1845 [State of Illinois v. Williams et al.] Docket Entry, Affidavits and Motions, 21 May 1845 [State of Illinois v. Williams et al.] Subpoena, 21 May 1845–A [State of Illinois v. Williams et al.] Subpoena, 21 May 1845–B [State of Illinois v. Williams et al.] Account of Trial, 21–28 May 1845, Shorthand [State of Illinois v. Williams et al.] Account of Trial, 21–28 May 1845, Longhand [State of Illinois v. Williams et al.] Oath, 22 May 1845 [State of Illinois v. Williams et al.] Subpoena, 22 May 1845–A [State of Illinois v. Williams et al.] Subpoena, 22 May 1845–B [State of Illinois v. Williams et al.] Subpoena, 22 May 1845–C [State of Illinois v. Williams et al.] Subpoena, 22 May 1845–D [State of Illinois v. Williams et al.] Subpoena, 22 May 1845–E [State of Illinois v. Williams et al.] Venire Facias, 22 May 1845 [State of Illinois v. Williams et al.] Instructions for Jury Selection, 22 May 1845 [State of Illinois v. Williams et al.] Alias Venire Facias, 22 May 1845 [State of Illinois v. Williams et al.] Docket Entry, Writs of Venire Facias, 22 May 1845 [State of Illinois v. Williams et al.] Attachment, 23 May 1845 [State of Illinois v. Williams et al.] Subpoena, 23 May 1845–A [State of Illinois v. Williams et al.] Subpoena, 23 May 1845–B [State of Illinois v. Williams et al.] Subpoena, 23 May 1845–C [State of Illinois v. Williams et al.] Subpoena, 23 May 1845–D [State of Illinois v. Williams et al.] Docket Entry, Pluries Venire Facias, 23 May 1845 [State of Illinois v. Williams et al.] Attachment, 24 May 1845–A [State of Illinois v. Williams et al.] Attachment, 24 May 1845–B [State of Illinois v. Williams et al.] Attachment, 24 May 1845–C [State of Illinois v. Williams et al.] Subpoena, 24 May 1845 [State of Illinois v. Williams et al.] Docket Entry, Motion Withdrawn, 24 May 1845 [State of Illinois v. Williams et al.] Docket Entry, Attachments, 24 May 1845 [State of Illinois v. Williams et al.] Docket Entry, Continuance, 24 May 1845 [State of Illinois v. Williams et al.] Account of Trial, 24–28 May 1845–A [State of Illinois v. Williams et al.] Account of Trial, 24–28 May 1845–A, as Published in Trial of the Persons Indicted [State of Illinois v. Williams et al.] Account of Trial, 24–28 May 1845–B [State of Illinois v. Williams et al.] Subpoena, 26 May 1845 [State of Illinois v. Williams et al.] Docket Entry, Continuance, 26 May 1845 [State of Illinois v. Williams et al.] Attachment, 27 May 1845 [State of Illinois v. Williams et al.] Subpoena, 27 May 1845–A [State of Illinois v. Williams et al.] Subpoena, 27 May 1845–B [State of Illinois v. Williams et al.] Docket Entry, Continuance, 27 May 1845 [State of Illinois v. Williams et al.] Closing Argument of Josiah Lamborn, 28 May 1845 [State of Illinois v. Williams et al.] Closing Argument of Calvin A. Warren, 28 May 1845 [State of Illinois v. Williams et al.] Closing Argument of Calvin A. Warren, 28 May 1845, as Recorded in “Minutes of Trial” [State of Illinois v. Williams et al.] Docket Entry, Continuance, 28 May 1845 [State of Illinois v. Williams et al.] Docket Entry, Continuance, 29 May 1845 [State of Illinois v. Williams et al.] Closing Argument of Onias Skinner, 29 May 1845 [State of Illinois v. Williams et al.] Closing Argument of Onias Skinner, 29 May 1845, Copy [State of Illinois v. Williams et al.] Closing Argument of Orville Browning, 29 May 1845 [State of Illinois v. Williams et al.] Jury Instructions, 30 May 1845 [State of Illinois v. Williams et al.] Verdict, 30 May 1845 [State of Illinois v. Williams et al.] Docket Entry, Verdict, 30 May 1845 [State of Illinois v. Williams et al.] Docket Entry, Attachment, 30 May 1845–A [State of Illinois v. Williams et al.] Docket Entry, Attachment, 30 May 1845–B [State of Illinois v. Williams et al.]

Account of Trial, 24–28 May 1845–A, as Published in Trial of the Persons Indicted [State of Illinois v. Williams et al.]

Testimony of Jonas Hobart, 24 May 1845 Page 2 Testimony of John Peyton, 24 May 1845 Page 3 Testimony of George Walker, 24 May 1845 Page 3 Testimony of Franklin Worrell, 24 May 1845 Page 4 Testimony of Baldwin L. Samuel, 24 May 1845 Page 4 Testimony of George Bachman, 24 May 1845 Page 5 Testimony of John D. Mellen, 24 May 1845 Page 5 Testimony of Canfield Hamilton, 24 May 1845 Page 5 Testimony of Eli H. Williams, 24 May 1845 Page 5 Testimony of William Daniels, 24 May 1845 Page 6 Testimony of John Wilson, 26 May 1845 Page 13 Testimony of Thomas L. Barnes, 26 May 1845 Page 14 Testimony of Eli D. Walker, 26 May 1845 Page 15 Testimony of Thomas Dixon, 26 May 1845 Page 17 Testimony of Eliza Graham, 26 May 1845 Page 18 Testimony of Benjamin Brackenbury, 26 May 1845 Page 21 Testimony of Canfield S. Hamilton, 27 May 1845 Page 25 Testimony of Franklin Worrell, 27 May 1845 Page 25 Testimony of William Smith, 27 May 1845 Page 25 Testimony of James Reynolds, 27 May 1845 Page 26 Testimony of Larkin Scott, 27 May 1845 Page 27 Testimony of Derrick Fuller, 27 May 1845 Page 27 Testimony of John Pike, 27 May 1845 Page 27 Testimony of John Carlisle, 27 May 1845 Page 28 Testimony of Coleman Garrett, 27 May 1845 Page 28 Testimony of Thomas L. English, 27 May 1845 Page 28 Testimony of George Seabold, 27 May 1845 Page 29 Testimony of Charles Andrews, 27 May 1845 Page 29 Testimony of George McLean, 27 May 1845 Page 29 Testimony of Abraham I. Chittenden, 27 May 1845 Page 30 Testimony of Edward Bedell, 27 May 1845 Page 30 Testimony of John Wilson Williams, 28 May 1845 Page 30 Testimony of E. W. Gould, 28 May 1845 Page 31 Testimony of Ann Fleming, 28 May 1845 Page 32

Source Note

Account of Trial, [
Carthage

Located eighteen miles southeast of Nauvoo. Settled 1831. Designated Hancock Co. seat, Mar. 1833. Incorporated as town, 27 Feb. 1837. Population in 1839 about 300. Population in 1844 about 400. Site of acute opposition to Latter-day Saints, early 1840s. Site...

More Info
], Hancock Co., IL, 24–28 May 1845, State of IL v. Williams et al. (Hancock Co., IL, Circuit Court 1845). Published [ca. 30 July 1845] in Trial of the Persons Indicted in the Hancock Circuit Court for the Murder of Joseph Smith at the Carthage Jail, on the 27th Day of June, 1844, Warsaw, IL: Warsaw Signal, 1845.

Historical Introduction

See Introduction to State of Illinois v. Williams et al. and State of Illinois v. Elliott–C.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Account of Trial, 24–28 May 1845–A [ State of Illinois v. Williams et al. ]
Account of Trial, 24–28 May 1845–A, as Published in Trial of the Persons Indicted [ State of Illinois v. Williams et al. ]

Page 1

At the October Term, 1844, of the Ci[rc]uit Court for
Hancock county

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

More Info
, two
Bills of Indictment

A written accusation issued by a grand jury against one or more parties to an alleged crime to consider whether there is sufficient evidence of the charge to put the accused on trial.

View Glossary
were found against
Levi Williams

18 Apr. 1794–27 Nov. 1860. Postmaster, farmer, military officer. Born in Madison Co., Kentucky. Married Mary (Polly) Reid. Moved to Hancock Co., Illinois, ca. 1831, eventually settling in Green Plains. Served in Black Hawk War, 1832. Served as captain in ...

View Full Bio
,
Mark Aldrich

22 Jan. 1802–21 Sept. 1873. Furrier, postmaster, land developer, merchant, politician. Born in Washington Co. (later in Warren Co.), New York. Son of Artemas Aldrich and Huldah Chamberlain. Moved to Hadley Township, Saratoga Co., New York, by Aug. 1810. Moved...

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,
Jacob C. Davis

16 Sept. 1820–25 Dec. 1883. Lawyer, farmer, politician. Born near Staunton, Augusta Co., Virginia. Son of William C. Davis and Sarah (Sallie) Van Lear. Lived at Augusta Co., 1830. Moved to Warsaw, Hancock Co., Illinois, by 1838. Served as Illinois circuit...

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, Wm. N. Grover,
Thos. C. Sharp

25 Sept. 1818–9 Apr. 1894. Teacher, lawyer, newspaper editor and publisher. Born in Mount Holly, Burlington Co., New Jersey. Son of Solomon Sharp and Jemima Budd. Lived at Smyrna, Kent Co., Delaware, June 1830. Moved to Carlisle, Cumberland Co., Pennsylvania...

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, John Wills, William Voorhes [Voras], — Allen and — Gallaher; [o]ne for the murder of Joseph, and the other for the murder of
Hyrum Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

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. These
Indictments

A written accusation of a public offense committed by one or more persons, made under oath or affirmation by a grand jury.

View Glossary
being brought into Court, the five first named Defendan[t]s asked of the Court an immediate trial; but Murray McConnell [McConnel], the Agent of
Governor [Thomas] Ford

5 Dec. 1800–3 Nov. 1850. Schoolteacher, newspaperman, lawyer, politician, judge, author. Born in Uniontown, Fayette Co., Pennsylvania. Son of Robert Ford and Elizabeth Logue Forquer. Moved to St. Louis, 1804; to New Design (later American Bottom), Randolph...

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, who had been very busy during the Term on endeavoring to influence the action of the Grand Jury, stated to the Court, that if the Defendants entered their appearance and insisted on an immediate trial, he should be compelled to make affidavit, that on account of the absence of witnesses, the People could not safely proceed to trial. The Court said that if such affidavit were made, a continuance of the cause would be granted: and, therefore, the Defendants declined to enter their appearance. As [page damaged] [some?] [r]elief
1

TEXT: “[page damaged]”.


to the Defendants, however, the said McConnell agreed with the Defendants’ counsel, that if the Defendants would agree to appear voluntarily at the next May Term of the Court, no warrant should issue during the
vacation

“Period of time between the end of one term [of court] and beginning of another.”

View Glossary
. This was assented to. But notwithstanding, about five weeks after the adjournment of the Court, this same McConnell filed in the office of the Clerk of the Circuit Court, an order for the issuing of writs against the Defendants,
instanter

Command to act immediately, “taken to mean ‘before the rising of the court,’ when the act is to be done in court; or, ‘before the shutting of the office the same night,’ when the act is to be done there.”

View Glossary
. The writs were accordingly issued; but the
Sheriff

24 Feb. 1810–10 Sept. 1845. Teacher, farmer. Born in Sharon, Litchfield Co., Connecticut. Son of Stephen Deming and Sarah Buel. Moved to Cincinnati, 1836. Married Abigail Barnum, 2 Aug. 1836, in Danbury, Fairfield Co., Connecticut. Moved to St. Mary’s Township...

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never was allowed the opportunity to serve them.
The May Term of the Circuit Court commenced its sitting on Monday the 19th. At the opening of the afternoon session of the first day, the five first named of the above Defendants, appeared in Court, and through their counsel stated that they were ready to enter into
recognizance

“An obligation of record . . . to do some act required by law,” such as “to keep the peace, to pay a debt, or the like.” Recognizance is “somewhat like an ordinary bond, the difference being that a bond is the creation of a fresh debt, or obligation de novo...

View Glossary
for their appearance from day to day during the Term. This being agreed to on the part of the
Prosecuting Attorney

31 Jan. 1809–31 Mar. 1847. Lawyer. Born in Chester Co., Pennsylvania. Son of Samuel Lamborn and Mary McGinnis. Moved to Cincinnati, Hamilton Co., Ohio, 1811; to Washington Co., Kentucky; to Springfield, Sangamon Co., Illinois, 1832; and to Jacksonville, Morgan...

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, the Defendants accordingly entered into recognizance the one for the other in the sum of $1,000 each. The trial was then set for Wednesday the 21st, on which day the Defendants appeared in Court, and filed their affidavit that the County Commissioners, who selected the array of jurors for the week, were prejudiced against them, and had selected said jurors with a view to prevent a fair trial in their case. They also filed another affidavit, that the
Sheriff

24 Feb. 1810–10 Sept. 1845. Teacher, farmer. Born in Sharon, Litchfield Co., Connecticut. Son of Stephen Deming and Sarah Buel. Moved to Cincinnati, 1836. Married Abigail Barnum, 2 Aug. 1836, in Danbury, Fairfield Co., Connecticut. Moved to St. Mary’s Township...

View Full Bio
and his deputies were, on account of prejudice, unfit persons to select the talesmen [talisman] that might be required; [p. 1]
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Related Case Documents

State of Illinois v. Williams et al., Hancock Co., IL, Circuit Court, 30 May 1845

Editorial Title
Account of Trial, 24–28 May 1845–A, as Published in Trial of the Persons Indicted [State of Illinois v. Williams et al.]
ID #
13338
Total Pages
32
Print Volume Location
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