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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 25

the way with me, and the Chittendens did not ride more than half a mile with me, and after that they took turns riding, and I had not more than 5 at a time. I live in
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

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; am not a Mormon; have no family. I live with
Jabez Durfee

23 Dec. 1791–Apr. 1867. Carpenter, millwright. Born in Tiverton, Newport Co., Rhode Island. Son of Perry Durfee and Annie Salisbury. Married first Electa Cranston, ca. 1811, in Tiverton. Moved to Lenox, Madison Co., New York, by 1820. Moved to New London,...

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, my step-father; he and my
mother

11 Mar. 1791–16 Dec. 1876. Born in Riverhead, Suffolk Co., New York. Daughter of Gilbert Davis and Abigail Reeve. Christened Presbyterian. Moved to Southold, Suffolk Co., by 1810. Married first Gilbert Goldsmith, 13 Apr. 1811, in Cutchogue, Suffolk Co. Joined...

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are members of the Church. I follow loafing, and have, the most of this winter. have not worked enough to hurt me. I have lived in
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

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six years this spring. I commenced loafing a little before last Court. I know [William] Daniels, but don’t know what he follows. We have had some conversation about this case. Have told each other some things we know about it. Daniels told me about the light just before last Court; he said it was like a flash of lightning. We have told each other what we have seen. I am not acquainted with Miss [Eliza] Graham. Never saw her, that I recollect of, till last Friday. We have had some conversation about the case. I do not know who pays me for my attendance. Do not know who pays my board; I did not pay it last fall. I boarded then and now at
Gen. [Miner R.] Deming

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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’s, (the Sheriff’s.) I have talked a good many times about this case; it was much talked of after I went home. Latter part of last summer I told what Grover had said.
Esquire [James W.] Woods

Ca. 1800–1886. Lawyer. Born near Boston, in Middlesex Co., Massachusetts. Son of Nehemiah Woods and Mary. Moved to Lincoln, Grafton Co., Massachusetts, by Feb. 1802. Moved to Virginia, 1824. Admitted to bar, 1827, in Lewisburg, Greenbrier Co., Virginia (later...

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of Burlington, called on me at
Nauvoo Mansion house

Large, two-story, Greek Revival frame structure located on northeast corner of Water and Main streets. Built to meet JS’s immediate need for larger home that could also serve as hotel to accommodate his numerous guests. JS relocated family from old house ...

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, to have me tell. I never was applies to by anyone else, and never made an affidavit of what I know of this matter. Never gave evidence only before the Grand Jury and on
[John] Elliott

Ca. 1820–3 Oct. 1862. Schoolmaster, deputy sheriff, constable, clerk, marshal. Born in Butler Co., Ohio. Lived four miles south of Warsaw, Hancock Co., Illinois, 1843, where he worked as a schoolmaster. Arrested for and later acquitted of kidnapping Daniel...

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’s trial at
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

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. The Smiths were killed on the 27th of June, 1844, on a clear day. It was not a moonlight night, I think. I never swore that
Col. 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 ...

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went all the way from the Railroad with me. I saw the flashes of five guns and no more, at the jail. Do not recollect any guard, and do not know who the guns were fired by. I never said that
Col. 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 ...

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gave the command to fire, at the jail. I was not near enough to see what was done. I have thought the people of
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
did not treat me as well what was done. I have thought the people of
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

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did not treat me as well as they did Daniels, and have complained of it. I was 18 years old the 27th of last April. I believe Wills walked when he got out of my wagon; but do not know. I saw Voorhes on the road on foot. He went to the next wagon and got in. I do not think I am mistaken in the time. I never was offered or paid any thing for swearing. I have controlled my own movements and time.
Testimony of Canfield S. Hamilton, 27 May 1845
Canfield S. Hamilton recalled. On the first examination I said that
[Thomas] 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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came up to
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...

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with me on the day the Smiths were killed. I was mistaken; it was the day before, when
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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was assisting in the prosecution of the Smiths. He was in
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
late that afternoon, and I think staid all night. I think he was in
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...

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early the next morning, and had a conversation with the
Governor

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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, when I think I saw him.
Testimony of Franklin Worrell, 27 May 1845
F[ranklin] A. Worrell recalled. Saw
Col. [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 ...

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that evening, before the killing of the Smiths—heard him say nothing about killing them. Saw
[Thomas] 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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that morning, about 8 A.M. Do not know of any Carthage Grey being sent out that day.
DEFENCE
Testimony of William Smith, 27 May 1845
William Smith,
La Harpe

Located about twenty-five miles east of Nauvoo. Settled 1830. Originally called Franklin. Developed, platted, and renamed La Harpe, by 1836. Immigration and missionary work led to creation of branch of Church of Jesus Christ of Latter-day Saints in area, ...

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, sworn. Was one of the Grand Jury at the last Term of the Court, when these
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.

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were found.
Benjamin Brackenbury

27 Apr. 1827–8 May 1897. Farmer, blacksmith. Born in New London, Huron Co., Ohio. Son of Joseph Blanchett Brackenbury and Elizabeth Davis. Moved to Whitmer Settlement, Jackson Co., Missouri, by ca. spring 1832; to Wayne City (later Sugar Creek), Jackson and...

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, the same witness who testified yesterday in this case, was examined before them. He stated before the Grand Jury that
Col. [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 ...

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was at the jail when the Smiths were killed, and that he rode a dark bay or sorrel horse, but thought it was a sorrel. Stated that he (
Brackenbury

27 Apr. 1827–8 May 1897. Farmer, blacksmith. Born in New London, Huron Co., Ohio. Son of Joseph Blanchett Brackenbury and Elizabeth Davis. Moved to Whitmer Settlement, Jackson Co., Missouri, by ca. spring 1832; to Wayne City (later Sugar Creek), Jackson and...

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) was driving a baggage wagon belonging to Fuller. Came up within a quarter or half a mile of the jail, and stopped, and that the saw
Col. 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 ...

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at the jail on horseback. He asked by some juror whether he was acquainted with
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 ...

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, and knew it to be him. He answered that he could not be mistaken—that it was
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
; and I think said that [p. 25]
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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
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