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Affidavit from Shepherd Patrick and Others, 2 July 1843, George Walker Copy

Source Note

Shepherd Patrick

28 Mar. 1815–2 Oct. 1877. Lawyer, farmer. Born in Wysox, Bradford Co., Pennsylvania. Son of Shepard Patrick and Catherine Goodwin. Admitted to bar, 1841, in Bradford Co. Practiced law in Dixon, Lee Co., Illinois, by early 1840s. Served as legal counsel for...

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, Harmon Wasson,
Edward Southwick

10 Aug. 1812–26 Nov. 1857. Lawyer. Born in Troy, Rensselaer Co., New York. Son of Edward Southwick and Catherine Wilkinson. Studied law in Brooklyn, Kings Co., New York. Admitted to New York bar, 1836. Moved to Peoria, Peoria Co., Illinois, fall 1836. Admitted...

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, and
Cyrus Walker

6 May 1791–Dec. 1875. Lawyer. Born in Rockbridge Co., Virginia. Son of Alexander Walker and Mary Magdalene Hammond. Presbyterian. Moved to Adair Co., Kentucky, ca. 1794. Lived in Columbia, Adair Co., by 1810. Married Flora Montgomery, 30 Jan. 1817, in Adair...

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, Affidavit, [
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 ...

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, IL?], 2 July 1843; handwriting of
George Walker

15 Dec. 1806–after 1870. Bookkeeper, clerk, rope maker, laborer. Born in Burslem, Staffordshire, England. Moved to Lancashire, England, before 1832. Married Catherine Burgess, before 1832, in Lancashire. Moved to Salford, Lancashire, before 1840. Baptized...

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; three pages; JS Office Papers, CHL.

Page [2]

time & fully consented that the said Smith might travel on said journey in the manner he did. That the friends of said Smith met him in great numbers as he approached the city 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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by which place the sheriff as these affiiants believe voluntary decided to go at the request of said Smith and upon representations made to him that it was the best route to
Quincy

Located on high limestone bluffs east of Mississippi River, about forty-five miles south of Nauvoo. Settled 1821. Adams Co. seat, 1825. Incorporated as town, 1834. Received city charter, 1840. Population in 1835 about 800; in 1840 about 2,300; and in 1845...

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. That no violence was offered to said
Reynolds

1813–29 Mar. 1884. Grocer, government official. Born in Lincoln Co., Kentucky. Moved to Independence, Jackson Co., Missouri, 1834. Elected county coroner, Aug. 1836, and justice of the peace, 1837. Served in Seminole War. Married first, by June 1840. Served...

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or
Wilson

1 Feb. 1815–27 June 1851. Merchant, deputy sheriff. Born in Montgomery Co., Virginia. Son of John Wilson and Elizabeth Cummins. Moved to Christianburg, Montgomery Co., by 7 Aug. 1820; to Newbern, Montgomery Co., by June 1830; and to Hancock Co., Illinois,...

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& that to the best of these affiants knowledge & belief no threats or intimidation were made use of to influence & controul their conduct either during the journey or after their arrival 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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; said
Reynolds

1813–29 Mar. 1884. Grocer, government official. Born in Lincoln Co., Kentucky. Moved to Independence, Jackson Co., Missouri, 1834. Elected county coroner, Aug. 1836, and justice of the peace, 1837. Served in Seminole War. Married first, by June 1840. Served...

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&
Wilson

1 Feb. 1815–27 June 1851. Merchant, deputy sheriff. Born in Montgomery Co., Virginia. Son of John Wilson and Elizabeth Cummins. Moved to Christianburg, Montgomery Co., by 7 Aug. 1820; to Newbern, Montgomery Co., by June 1830; and to Hancock Co., Illinois,...

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dined with said Smith at his own house & were hospitably entertained and after dinner say in two hours after the arrival of the Party in said
city

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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, a writ of
habeas Corpus

“Have the body”; a written order from a court of competent jurisdiction commanding anyone having a person in custody to produce such person at a certain time and place and to state the reasons why he or she is being held in custody. The court will determine...

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was issued by the municipal Court of the said city 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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in favour of said Smith which was served upon said
Reynolds

1813–29 Mar. 1884. Grocer, government official. Born in Lincoln Co., Kentucky. Moved to Independence, Jackson Co., Missouri, 1834. Elected county coroner, Aug. 1836, and justice of the peace, 1837. Served in Seminole War. Married first, by June 1840. Served...

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. The said
Reynolds

1813–29 Mar. 1884. Grocer, government official. Born in Lincoln Co., Kentucky. Moved to Independence, Jackson Co., Missouri, 1834. Elected county coroner, Aug. 1836, and justice of the peace, 1837. Served in Seminole War. Married first, by June 1840. Served...

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made return of the writ together with the body of said Smith & alledged the causes of his Caption <​Capture​> and detention, at the same time denying the jurisdiction of the Court & alledging that he had been served with the prior writ of Habeas Corpus before mentioned said
Reynolds

1813–29 Mar. 1884. Grocer, government official. Born in Lincoln Co., Kentucky. Moved to Independence, Jackson Co., Missouri, 1834. Elected county coroner, Aug. 1836, and justice of the peace, 1837. Served in Seminole War. Married first, by June 1840. Served...

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remained 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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and a part of the time in the Municipal Court room & some time after the examination of the writ of Habeas Corpus issued by the Municipal Court had commenced and as your affiants believe during the whole sitting of the Court on friday afternoon the 30th. of June & then departed for
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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after a patient examination of the fact & matter of law set forth in complainants petition which said examination lasted from friday afternoon till the next day Saturday at night the said Smith was discharged as for defects in the Warrant under which he had been arrested and was imprisoned as upon the merits of the case by the said municipal Court and these affiants further say [p. [2]]
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Related Case Documents
Editorial Title
Affidavit from Shepherd Patrick and Others, 2 July 1843, George Walker Copy
ID #
11305
Total Pages
4
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Handwriting on This Page
  • George Walker

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