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Introduction to State of Illinois v. C. L. Higbee Complaint, 24 May 1842 [State of Illinois v. C. L. Higbee] Warrant, 24 May 1842 [State of Illinois v. C. L. Higbee] Subpoena, 24 May 1842 [State of Illinois v. C. L. Higbee] Recognizance, 24 May 1842 [State of Illinois v. C. L. Higbee] Docket Entry, circa 24 May 1842 [State of Illinois v. C. L. Higbee] Docket Entry, circa 24 May 1842, Copy [State of Illinois v. C. L. Higbee] Subpoena, 14 September 1842 [State of Illinois v. C. L. Higbee] Subpoena, 19 September 1842 [State of Illinois v. C. L. Higbee] Case File Wrapper, circa October 1842 [State of Illinois v. C. L. Higbee]

Complaint, 24 May 1842 [State of Illinois v. C. L. Higbee]

Source Note

JS, Complaint, before
Ebenezer Robinson

25 May 1816–11 Mar. 1891. Printer, editor, publisher. Born at Floyd (near Rome), Oneida Co., New York. Son of Nathan Robinson and Mary Brown. Moved to Utica, Oneida Co., ca. 1831, and learned printing trade at Utica Observer. Moved to Ravenna, Portage Co....

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, [
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
], Hancock Co., IL, 24 May 1842, State of IL v. C. L. Higbee (Hancock Co., IL, Justice of the Peace Court 1842). Copied 8 Nov. 1962; typescript; certified by Richard and Pamela Price; one page; typescript in possession of Richard and Pamela Price.
Upon appeal, this complaint and other case documents from the justice of the peace court were forwarded to the
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
, Illinois, circuit court and filed in 1842. The document remained in the custody of the circuit court until sometime between 1962, when Richard and Pamela Price created a transcript of it, and 1968, when the Prices obtained photocopies of all of the case documents except for this complaint, which was missing from the case packet and apparently on loan to a county commissioner. Further attempts by the Prices to locate and obtain a photocopy of the document in 1979, 1983, and 1998 were unsuccessful.
1

Richard Price, Independence, MO, to “Clerk of the Circuit Court,” Carthage, IL, 24 Oct. 1983; Richard Price, Independence, MO, to “Archivist of the Hancock County Circuit Court,” Carthage, IL, 21 Aug. 1997 ; Price and Price, Joseph Smith Fought Polygamy, 1:144–145, 158–159.


Comprehensive Works Cited

Price, Richard, and Pamela Price. Joseph Smith Fought Polygamy: Volume 1. Independence, MO: Price Pub. Co., 2000.

The location of the document is unknown.
The text featured here is transcribed from the transcript produced by Richard and Pamela Price in 1962 from the original document.

Footnotes

  1. [1]

    Richard Price, Independence, MO, to “Clerk of the Circuit Court,” Carthage, IL, 24 Oct. 1983; Richard Price, Independence, MO, to “Archivist of the Hancock County Circuit Court,” Carthage, IL, 21 Aug. 1997 ; Price and Price, Joseph Smith Fought Polygamy, 1:144–145, 158–159.

    Price, Richard, and Pamela Price. Joseph Smith Fought Polygamy: Volume 1. Independence, MO: Price Pub. Co., 2000.

Historical Introduction

See Introduction to State of Illinois v. C. L. Higbee.

Page [1]

J. Smith’s Affidavit Filed September 14th, 1842 . . .
[Jacob] 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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Clerke
 
State of Illinois) SS [scilicet]
County of
Hancock

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
)
Before me,
Ebenezer Robinson

25 May 1816–11 Mar. 1891. Printer, editor, publisher. Born at Floyd (near Rome), Oneida Co., New York. Son of Nathan Robinson and Mary Brown. Moved to Utica, Oneida Co., ca. 1831, and learned printing trade at Utica Observer. Moved to Ravenna, Portage Co....

View Full Bio
, one of the Justices of the Peace for said
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
personally came Joseph Smith, who, being duly sworn according to law, deposeth and saith, that at sundry times, in 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....

More Info
,
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
aforesaid, one
Chancy [Chauncey] L. Higbee

7 Sept. 1821–7 Dec. 1884. Lawyer, banker, politician, judge. Born in Tate Township, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Lived in Fulton, Hamilton Co., Ohio, 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832...

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has slandered and defamed the character of the said Joseph Smith, and also the character of
Emma Smith

10 July 1804–30 Apr. 1879. Scribe, editor, boardinghouse operator, clothier. Born at Willingborough Township (later in Harmony), Susquehanna Co., Pennsylvania. Daughter of Isaac Hale and Elizabeth Lewis. Member of Methodist church at Harmony (later in Oakland...

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, his wife, in using their names, the more readily to accomplish his purpose in seducing certain females, and further this deponont saith not.
Sworn to. and subscribed before me, in the
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
aforesaid, this 24th day of May A.D. 1842.
E. Robinson

25 May 1816–11 Mar. 1891. Printer, editor, publisher. Born at Floyd (near Rome), Oneida Co., New York. Son of Nathan Robinson and Mary Brown. Moved to Utica, Oneida Co., ca. 1831, and learned printing trade at Utica Observer. Moved to Ravenna, Portage Co....

View Full Bio
J. P.
-[Signed]- Joseph Smith
 
We hereby certify that the above is a true and exact copy of the original affidavit as found by us in the archives of the
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
circuit court in the courthouse at
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
, Illinois, on November 8, 1962.

Signatures of Richard and Pamela Price.


Richard Price
Pamela Price
Richard and Pamela Price [p. [1]]
View entire transcript

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Source Note

Document Transcript

Page [1]

Document Information

Related Case Documents
Editorial Title
Complaint, 24 May 1842 [State of Illinois v. C. L. Higbee]
ID #
7056
Total Pages
1
Print Volume Location
Handwriting on This Page
  • Printed text
  • Unidentified

Footnotes

  1. new scribe logo

    Signatures of Richard and Pamela Price.

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