The Papers
Browse the PapersDocumentsJournalsAdministrative RecordsRevelations and TranslationsHistoriesLegal RecordsFinancial RecordsOther Contemporary Papers
Reference
PeoplePlacesEventsGlossaryLegal GlossaryFinancial GlossaryCalendar of DocumentsWorks CitedFeatured TopicsLesson PlansRelated Publications
Media
VideosPhotographsIllustrationsChartsMapsPodcasts
News
Current NewsArchiveNewsletterSubscribeJSP Conferences
About
About the ProjectJoseph Smith and His PapersFAQAwardsEndorsementsReviewsEditorial MethodNote on TranscriptionsNote on Images of People and PlacesReferencing the ProjectCiting This WebsiteProject TeamContact Us
Published Volumes
  1. Home > 
  2. The Papers > 
Introduction to Dana v. Brink Summons, 14 February 1843 [Dana v. Brink] Subpoena, 15 February 1843 [Dana v. Brink] Subpoena, 18 February 1843 [Dana v. Brink] Subpoena, 23 February 1843 [Dana v. Brink] Subpoena, 27 February 1843 [Dana v. Brink] Bill of Particulars, circa 2 March 1843 [Dana v. Brink] Execution, 10 March 1843 [Dana v. Brink] Trial Report, 4–22 March 1843 [Dana v. Brink] Bond, 29 March 1843 [Dana v. Brink] Notice of Appeal, 31 March 1843 [Dana v. Brink] Subpoena, 4 April 1843 [Dana v. Brink] Subpoena, 7 April 1843 [Dana v. Brink] Supersedeas, 8 April 1843 [Dana v. Brink] Subpoena, 13 April 1843 [Dana v. Brink] Attachment, 19 April 1843 [Dana v. Brink] Docket Entry, between 31 March and circa 19 April 1843 [Dana v. Brink] Execution, 10 May 1843 [Dana v. Brink] Execution, 2 October 1843 [Dana v. Brink] Bond, 16 May 1843 [Dana v. Brink] Supersedeas, 16 May 1843 [Dana v. Brink] Docket Entry, Motions, 18 May 1843 [Dana v. Brink] Docket Entry, Motion Overruled and Continuance, 27 May 1843 [Dana v. Brink] Praecipe, 24 August 1843 [Dana v. Brink] Subpoena, 25 August 1843 [Dana v. Brink] Praecipe, circa 15 September 1843 [Dana v. Brink] Subpoena, 15 September 1843–A [Dana v. Brink] Subpoena, 15 September 1843–B [Dana v. Brink] Notice, 29 September 1843 [Dana v. Brink] Summons, 30 September 1843 [Dana v. Brink] Certiorari, 30 September 1843 [Dana v. Brink] Motion, 16 October 1843–A [Dana v. Brink] Motion, 16 October 1843–B [Dana v. Brink] Docket Entry, Motions, 16 October 1843 [Dana v. Brink] Docket Entry, Motions Overruled, 17 October 1843 [Dana v. Brink] Praecipe, 18 October 1843–A [Dana v. Brink] Praecipe, 18 October 1843–B [Dana v. Brink] Subpoena, 18 October 1843–A [Dana v. Brink] Subpoena, 18 October 1843–B [Dana v. Brink] Affidavit, 20 October 1843–A [Dana v. Brink] Affidavit, 20 October 1843–B [Dana v. Brink] Affidavit, 20 October 1843–C [Dana v. Brink] Affidavit, 20 October 1843–D [Dana v. Brink] Affidavit, 20 October 1843–E [Dana v. Brink] Docket Entry, Continuance, 20 October 1843 [Dana v. Brink] Praecipe, 5 November 1843 [Dana v. Brink] Subpoena, 25 November 1843–A [Dana v. Brink] Subpoena, 25 November 1843–B [Dana v. Brink] Praecipe, 6 March 1844 [Dana v. Brink] Subpoena, 11 March 1844–A [Dana v. Brink] Subpoena, 11 March 1844–B [Dana v. Brink] Subpoena, 11 March 1844–C [Dana v. Brink] Praecipe, 18 May 1844 [Dana v. Brink] Subpoena, 18 May 1844 [Dana v. Brink] Attachment, 20 May 1844–A [Dana v. Brink] Attachment, 20 May 1844–B [Dana v. Brink] Attachment, 20 May 1844–C [Dana v. Brink] Subpoena, 21 May 1844 [Dana v. Brink] Affidavit, 22 May 1844–A [Dana v. Brink] Affidavit, 22 May 1844–B [Dana v. Brink] Affidavit, 22 May 1844–C [Dana v. Brink] Docket Entry, Discharge from Attachment, 22 May 1844 [Dana v. Brink] Docket Entry, Jury Impaneled, 22 May 1844 [Dana v. Brink] Affidavit, 23 May 1844 [Dana v. Brink] Verdict, 23 May 1844 [Dana v. Brink] Docket Entry, Verdict and Motion, 23 May 1844 [Dana v. Brink] Motions, circa 23 May 1844 [Dana v. Brink] Docket Entry, Motions, 24 May 1844 [Dana v. Brink] Docket Entry, circa 27 May 1844 [Dana v. Brink] Docket Entry, Motions Overruled and Verdict Sustained, 27 May 1844 [Dana v. Brink] Praecipe, circa 27 May 1844 [Dana v. Brink] Case File Wrapper, circa May 1844 [Dana v. Brink] Docket Entry, Judgment, between 20 July and circa 18 October 1844 [Dana v. Brink] Docket Entry, Fee Bill, between 20 July and circa 18 October 1844 [Dana v. Brink]

Affidavit, 20 October 1843–E [Dana v. Brink]

Source Note

William Brink

1810–4 Feb. 1884. Physician, cooper. Born in Pennsylvania. Married first Amelia. Practiced Thomsonian medicine. Defendant in malpractice lawsuit, 1843, at Nauvoo, Hancock Co., Illinois. Baptized into Church of Jesus Christ of Latter-day Saints, by Apr. 1843...

View Full Bio
, Affidavit, before
David E. Head

27 Apr. 1818–1 May 1877. Clerk, merchant. Born in Washington Co., Kentucky. Moved to Macomb, McDonough Co., Illinois, ca. 1834. Deputy clerk of McDonough Co. Deputy clerk of Hancock Co., Illinois, circuit court, by 16 May 1843. Clerk of Hancock Co. Circuit...

View Full Bio
on behalf of
Jacob B. Backenstos

8 Oct. 1811–25 Sept. 1857. Merchant, sheriff, soldier, politician, land speculator. Born at Lower Paxton, Dauphin Co., Pennsylvania. Son of Jacob Backenstos and Margaretha Theis. Member of Lutheran Reformed Church. Married Sarah Lavina Lee, niece of Robert...

View Full Bio
, [
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, 20 Oct. 1843, Dana v. Brink (Hancock Co., IL, Circuit Court 1844); handwriting of
William Marr

5 Feb. 1817–5 Sept. 1844. Lawyer. Born in Scarborough, Cumberland Co., Maine. Son of Robert P. Marr and Olive Plaisted. Graduated from Bowdoin College, 1839, in Brunswick, Cumberland Co. Graduated from Harvard Law School, 1842. Moved to Nauvoo, Hancock Co...

View Full Bio
; signature of
William Brink

1810–4 Feb. 1884. Physician, cooper. Born in Pennsylvania. Married first Amelia. Practiced Thomsonian medicine. Defendant in malpractice lawsuit, 1843, at Nauvoo, Hancock Co., Illinois. Baptized into Church of Jesus Christ of Latter-day Saints, by Apr. 1843...

View Full Bio
; certified by
David E. Head

27 Apr. 1818–1 May 1877. Clerk, merchant. Born in Washington Co., Kentucky. Moved to Macomb, McDonough Co., Illinois, ca. 1834. Deputy clerk of McDonough Co. Deputy clerk of Hancock Co., Illinois, circuit court, by 16 May 1843. Clerk of Hancock Co. Circuit...

View Full Bio
on behalf of
Jacob B. Backenstos

8 Oct. 1811–25 Sept. 1857. Merchant, sheriff, soldier, politician, land speculator. Born at Lower Paxton, Dauphin Co., Pennsylvania. Son of Jacob Backenstos and Margaretha Theis. Member of Lutheran Reformed Church. Married Sarah Lavina Lee, niece of Robert...

View Full Bio
, 20 Oct. 1843; docket and notation by
Jacob B. Backenstos

8 Oct. 1811–25 Sept. 1857. Merchant, sheriff, soldier, politician, land speculator. Born at Lower Paxton, Dauphin Co., Pennsylvania. Son of Jacob Backenstos and Margaretha Theis. Member of Lutheran Reformed Church. Married Sarah Lavina Lee, niece of Robert...

View Full Bio
, [
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], 20 Oct. 1843; notation by unidentified scribe, [
Hancock Co.

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
, IL], [ca. 20 Oct. 1843]; four pages; Hancock County Legal Papers, 1830–1868, BYU.

Historical Introduction

See Introduction to Dana v. Brink.

Page [3]

and this
deponent

1810–4 Feb. 1884. Physician, cooper. Born in Pennsylvania. Married first Amelia. Practiced Thomsonian medicine. Defendant in malpractice lawsuit, 1843, at Nauvoo, Hancock Co., Illinois. Baptized into Church of Jesus Christ of Latter-day Saints, by Apr. 1843...

View Full Bio
further states that the other witness whom he deems material in the trial of this cause Mrs <​Matilda​> Stafford without whose testimony
deponent

1810–4 Feb. 1884. Physician, cooper. Born in Pennsylvania. Married first Amelia. Practiced Thomsonian medicine. Defendant in malpractice lawsuit, 1843, at Nauvoo, Hancock Co., Illinois. Baptized into Church of Jesus Christ of Latter-day Saints, by Apr. 1843...

View Full Bio
cannot safely proceed to trial who lives 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....

More Info
and has been subponed in this cause but is unable to attend this Court forms <​becaus​> <​of​> sickness having been for several weeks last past confined to her bed by Fever and is soon confined by which last named witness
deponent

1810–4 Feb. 1884. Physician, cooper. Born in Pennsylvania. Married first Amelia. Practiced Thomsonian medicine. Defendant in malpractice lawsuit, 1843, at Nauvoo, Hancock Co., Illinois. Baptized into Church of Jesus Christ of Latter-day Saints, by Apr. 1843...

View Full Bio
expects to prove that on the day previous <​of the accouchment​> to the child Birth delivery of said
Plaintiff

8 Nov. 1802–7 Aug. 1868. Mason, Farmer. Born in Schenectady, Albany Co., New York. Son of Francis Dana and Huldah Root. Married Margaret Kennedy Lusk, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence Co., New York, ca. 1829. Baptized...

View Full Bio
s
wife

1 Apr. 1807–15 June 1850. Born at Argyle, Washington Co., New York. Daughter of Alexander Kennedy and Sybil Cannon. Married first Mr. Lusk, ca. 1825. Married second Charles Root Dana, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence...

View Full Bio
of child (in the absence of
deponent

1810–4 Feb. 1884. Physician, cooper. Born in Pennsylvania. Married first Amelia. Practiced Thomsonian medicine. Defendant in malpractice lawsuit, 1843, at Nauvoo, Hancock Co., Illinois. Baptized into Church of Jesus Christ of Latter-day Saints, by Apr. 1843...

View Full Bio
) a mid female acchusan [accoucheuse] was one Mrs Scessions [Patty Bartlett Sessions] was called to attend on
Plaintiff

8 Nov. 1802–7 Aug. 1868. Mason, Farmer. Born in Schenectady, Albany Co., New York. Son of Francis Dana and Huldah Root. Married Margaret Kennedy Lusk, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence Co., New York, ca. 1829. Baptized...

View Full Bio
wife

1 Apr. 1807–15 June 1850. Born at Argyle, Washington Co., New York. Daughter of Alexander Kennedy and Sybil Cannon. Married first Mr. Lusk, ca. 1825. Married second Charles Root Dana, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence...

View Full Bio
that she do so attend and did in an improper unusual and highly improper manner treat the said
Plaintiff

8 Nov. 1802–7 Aug. 1868. Mason, Farmer. Born in Schenectady, Albany Co., New York. Son of Francis Dana and Huldah Root. Married Margaret Kennedy Lusk, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence Co., New York, ca. 1829. Baptized...

View Full Bio
wife

1 Apr. 1807–15 June 1850. Born at Argyle, Washington Co., New York. Daughter of Alexander Kennedy and Sybil Cannon. Married first Mr. Lusk, ca. 1825. Married second Charles Root Dana, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence...

View Full Bio
among other things in this, by forcibly pretruding the hand into the <​mouth of the uterous​> osuterus several inches for the purpose of changing <​ascertaining the presentation​> the <​and​> position of the faetus to prove that the health of the
wife

1 Apr. 1807–15 June 1850. Born at Argyle, Washington Co., New York. Daughter of Alexander Kennedy and Sybil Cannon. Married first Mr. Lusk, ca. 1825. Married second Charles Root Dana, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence...

View Full Bio
of Said
Plaintif

8 Nov. 1802–7 Aug. 1868. Mason, Farmer. Born in Schenectady, Albany Co., New York. Son of Francis Dana and Huldah Root. Married Margaret Kennedy Lusk, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence Co., New York, ca. 1829. Baptized...

View Full Bio
s was to all appearances better after her <​said​> confine[me]nt for the space of three or four months than [illegible] the it ever has <​had​> been before for the same space of time after any previous confinement <​since witness knew
Plaintiff

8 Nov. 1802–7 Aug. 1868. Mason, Farmer. Born in Schenectady, Albany Co., New York. Son of Francis Dana and Huldah Root. Married Margaret Kennedy Lusk, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence Co., New York, ca. 1829. Baptized...

View Full Bio
wife

1 Apr. 1807–15 June 1850. Born at Argyle, Washington Co., New York. Daughter of Alexander Kennedy and Sybil Cannon. Married first Mr. Lusk, ca. 1825. Married second Charles Root Dana, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence...

View Full Bio
<​within in which time​>
Plaintiff

8 Nov. 1802–7 Aug. 1868. Mason, Farmer. Born in Schenectady, Albany Co., New York. Son of Francis Dana and Huldah Root. Married Margaret Kennedy Lusk, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence Co., New York, ca. 1829. Baptized...

View Full Bio
wife

1 Apr. 1807–15 June 1850. Born at Argyle, Washington Co., New York. Daughter of Alexander Kennedy and Sybil Cannon. Married first Mr. Lusk, ca. 1825. Married second Charles Root Dana, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence...

View Full Bio
has had several confinements​>— that
Plaintiff

8 Nov. 1802–7 Aug. 1868. Mason, Farmer. Born in Schenectady, Albany Co., New York. Son of Francis Dana and Huldah Root. Married Margaret Kennedy Lusk, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence Co., New York, ca. 1829. Baptized...

View Full Bio
s
wife

1 Apr. 1807–15 June 1850. Born at Argyle, Washington Co., New York. Daughter of Alexander Kennedy and Sybil Cannon. Married first Mr. Lusk, ca. 1825. Married second Charles Root Dana, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence...

View Full Bio
soon after <​said confinement​> and up to the <​at several​> time<​s​> of <​before the​> commencing this suit did admit <​and state to the sd. witness​> that her health was better than it ever had been before for the same length of time after any previous birth accouchment <​of
Pl.

8 Nov. 1802–7 Aug. 1868. Mason, Farmer. Born in Schenectady, Albany Co., New York. Son of Francis Dana and Huldah Root. Married Margaret Kennedy Lusk, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence Co., New York, ca. 1829. Baptized...

View Full Bio
wi[fe]

1 Apr. 1807–15 June 1850. Born at Argyle, Washington Co., New York. Daughter of Alexander Kennedy and Sybil Cannon. Married first Mr. Lusk, ca. 1825. Married second Charles Root Dana, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence...

View Full Bio
​> <​which have been four or five in number <​and at said sometimes that
Plff

8 Nov. 1802–7 Aug. 1868. Mason, Farmer. Born in Schenectady, Albany Co., New York. Son of Francis Dana and Huldah Root. Married Margaret Kennedy Lusk, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence Co., New York, ca. 1829. Baptized...

View Full Bio
wife

1 Apr. 1807–15 June 1850. Born at Argyle, Washington Co., New York. Daughter of Alexander Kennedy and Sybil Cannon. Married first Mr. Lusk, ca. 1825. Married second Charles Root Dana, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence...

View Full Bio
done well under
deponent

1810–4 Feb. 1884. Physician, cooper. Born in Pennsylvania. Married first Amelia. Practiced Thomsonian medicine. Defendant in malpractice lawsuit, 1843, at Nauvoo, Hancock Co., Illinois. Baptized into Church of Jesus Christ of Latter-day Saints, by Apr. 1843...

View Full Bio
treatment & was subje[ct] to little or no pain and suff[er]ing by
deponent

1810–4 Feb. 1884. Physician, cooper. Born in Pennsylvania. Married first Amelia. Practiced Thomsonian medicine. Defendant in malpractice lawsuit, 1843, at Nauvoo, Hancock Co., Illinois. Baptized into Church of Jesus Christ of Latter-day Saints, by Apr. 1843...

View Full Bio
treatment​>​> and this
deponent

1810–4 Feb. 1884. Physician, cooper. Born in Pennsylvania. Married first Amelia. Practiced Thomsonian medicine. Defendant in malpractice lawsuit, 1843, at Nauvoo, Hancock Co., Illinois. Baptized into Church of Jesus Christ of Latter-day Saints, by Apr. 1843...

View Full Bio
further states that he knows of no other witness by whom he can prove said facts and that this affidavit is not made for delay but that [p. [3]]
View entire transcript

|

Cite this page

Source Note

Document Transcript

Page [3]

Document Information

Related Case Documents
Editorial Title
Affidavit, 20 October 1843–E [Dana v. Brink]
ID #
7202
Total Pages
4
Print Volume Location
Handwriting on This Page
  • William Marr

© 2024 by Intellectual Reserve, Inc. All rights reserved.Terms of UseUpdated 2021-04-13Privacy NoticeUpdated 2021-04-06