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Introduction to State of Illinois v. Drown and State of Illinois v. Drown on Habeas Corpus Complaint, 8 August 1842 [State of Illinois v. Drown] Affidavit, 10 April 1843 [State of Illinois v. Drown] Affidavit, 3 October 1843–A [State of Illinois v. Drown] Affidavit, 3 October 1843–B [State of Illinois v. Drown] Complaint, 4 October 1843 [State of Illinois v. Drown] Complaint, 4 October 1843, Copy [State of Illinois v. Drown] Warrant, 4 October 1843 [State of Illinois v. Drown] Subpoena, 4 October 1843 [State of Illinois v. Drown] Subpoena, 6 October 1843 [State of Illinois v. Drown] Recognizance, 9 October 1843 [State of Illinois v. Drown] Docket Entry, 10 October 1843 [State of Illinois v. Drown] Petition, 10 October 1843 [State of Illinois v. Drown on Habeas Corpus] Habeas Corpus, 10 October 1843 [State of Illinois v. Drown on Habeas Corpus] Habeas Corpus, 10 October 1843, Copy [State of Illinois v. Drown on Habeas Corpus] Summons, 10 October 1843 [State of Illinois v. Drown on Habeas Corpus] Docket Entry, 10–circa 17 October 1843 [State of Illinois v. Drown on Habeas Corpus] Execution, 15 January 1844 [State of Illinois v. Drown on Habeas Corpus] Execution, 7 May 1844 [State of Illinois v. Drown on Habeas Corpus] Docket Entry, Indictment, 18 October 1843 [State of Illinois v. Drown] Capias, 15 December 1843 [State of Illinois v. Drown] Subpoena, 15 December 1843–A [State of Illinois v. Drown] Subpoena, 15 December 1843–B [State of Illinois v. Drown] Docket Entry, Alias Capias, 24 May 1844 [State of Illinois v. Drown] Subpoena, 16 July 1844–A [State of Illinois v. Drown] Subpoena, 16 July 1844–B [State of Illinois v. Drown] Capias, 16 July 1844 [State of Illinois v. Drown] Docket Entry, Pluries Capias, 16 July 1844 [State of Illinois v. Drown] Subpoena, 13 December 1844–A [State of Illinois v. Drown] Subpoena, 13 December 1844–B [State of Illinois v. Drown] Docket Entry, Dismissal, 20 May 1845 [State of Illinois v. Drown] Case File Wrapper, circa May 1845 [State of Illinois v. Drown]

Docket Entry, 10–circa 17 October 1843 [State of Illinois v. Drown on Habeas Corpus]

Source Note

Docket Entry,
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, 10–ca. 17 Oct. 1843, State of IL v. Drown on Habeas Corpus (Nauvoo, IL, Municipal Court 1843); Nauvoo Municipal Court Docket Book, 87–88; handwriting of
Willard Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...

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; CHL. Includes notations by
Willard Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...

View Full Bio
, [
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], 15 Jan., 17 Jan., and 7 May 1844. Includes notations by
Thomas Bullock

23 Dec. 1816–10 Feb. 1885. Farmer, excise officer, secretary, clerk. Born in Leek, Staffordshire, England. Son of Thomas Bullock and Mary Hall. Married Henrietta Rushton, 25 June 1838. Moved to Ardee, Co. Louth, Ireland, Nov. 1839; to Isle of Anglesey, Aug...

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, 4 Nov. [1844] and 10 Feb. 1845.

Historical Introduction

See Introduction to State of Illinois v. Drown and State of Illinois v. Drown on Habeas Corpus.

Page 87

Municipal Court.
State of Illinois) ss. [scilicet]
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
)
$ Cts
Habeus 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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,50
Serving Writ & copy. ,50
Summons for Court ,25
Fees for service of Summons 1.50
Docketing Suit .12½
Docket fee 3.00
Marshal’s fees for nursing prisoner 7 days 7.00
Entering Judgment ,25
Aldermen Fees 11.00
Execution

“The act of carrying into effect the final judgment of a court, or other jurisdiction. The writ which authorises the officer so to carry into effect such judgment is also called an execution. . . . Executions are either to recover specific things, or money...

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—
.25
$24 37½
<​return of execution​> <​12½​>
<​Marshall’s fees for service​> <​50.​>
<​25.00​>

Insertions in handwriting of Thomas Bullock.


On Habeus Corpus. October 10th. 1843.
This day came
Charles Drown

1814/1815–28 Aug. 1859. Farmer. Born in New York. Son of Solomon Drown and Elizabeth Hatch. Married first Sarah Tarvel, by 1837. Baptized into Church of Jesus Christ of Latter-day Saints. Moved to Nauvoo, Hancock Co., Illinois, by 1842. Married second Louisa...

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and upon the reading and filing the petition for a writ of Habeus Corpus to be directed to one Samuel Waterman to have forthwith before the Municipal Court the body of said
Drown

1814/1815–28 Aug. 1859. Farmer. Born in New York. Son of Solomon Drown and Elizabeth Hatch. Married first Sarah Tarvel, by 1837. Baptized into Church of Jesus Christ of Latter-day Saints. Moved to Nauvoo, Hancock Co., Illinois, by 1842. Married second Louisa...

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, upon said Writ of Habeus Corpus; said writ of Habeus corpus was issued by the
clerk

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...

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in accordance with the prayer of
petitioner

1814/1815–28 Aug. 1859. Farmer. Born in New York. Son of Solomon Drown and Elizabeth Hatch. Married first Sarah Tarvel, by 1837. Baptized into Church of Jesus Christ of Latter-day Saints. Moved to Nauvoo, Hancock Co., Illinois, by 1842. Married second Louisa...

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, no fees allowed.
Wednesday morning 10 o’clock. October 11th. 1843
Special Term,
Present associate Justices
N[ewel] K. Whitney

3/5 Feb. 1795–23 Sept. 1850. Trader, merchant. Born at Marlborough, Windham Co., Vermont. Son of Samuel Whitney and Susanna Kimball. Moved to Fairfield, Herkimer Co., New York, 1803. Merchant at Plattsburg, Clinton Co., New York, 1814. Mercantile clerk for...

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,
Orson Spenc[e]r

14 Mar./13 May 1802–15 Oct. 1855. Teacher, minister, university professor and chancellor. Born in West Stockbridge, Berkshire Co., Massachusetts. Son of Daniel Spencer and Chloe Wilson. Moved to Lenox, Berkshire Co., 1817; to Schenectady, Schenectady Co.,...

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,
Geo. W. Harris

1 Apr. 1780–1857. Jeweler. Born at Lanesboro, Berkshire Co., Massachusetts. Son of James Harris and Diana (Margaret) Burton. Married first Elizabeth, ca. 1800. Married second Margaret, who died in 1828. Moved to Batavia, Genesee Co., New York, by 1830. Married...

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,
Gustavus Hills

29 Jan. 1804–18 Oct. 1846. Music teacher, engraver, jeweler, newspaper editor, judge. Born in Chatham, Middlesex Co., Connecticut. Son of Lebbeus Hills and Mary Gibson. Married Elizabeth Mansfield, 25 Dec. 1827, in Middletown, Middlesex Co. Moved to Warren...

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,
W[illiam] W. Phelps

17 Feb. 1792–7 Mar. 1872. Writer, teacher, printer, newspaper editor, publisher, postmaster, lawyer. Born at Hanover, Morris Co., New Jersey. Son of Enon Phelps and Mehitabel Goldsmith. Moved to Homer, Cortland Co., New York, 1800. Married Sally Waterman,...

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, and
Samuel Bennet[t]

Ca. 1810–May 1893. Market inspector, barometer manufacturer, physician. Born in England. Married Selina Campion, 9 Aug. 1836. Baptized into Church of Jesus Christ of Latter-day Saints, by 1839, in U.S. Ordained an elder, 23 Dec. 1839, in Philadelphia. Served...

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.
Orson Spencer

14 Mar./13 May 1802–15 Oct. 1855. Teacher, minister, university professor and chancellor. Born in West Stockbridge, Berkshire Co., Massachusetts. Son of Daniel Spencer and Chloe Wilson. Moved to Lenox, Berkshire Co., 1817; to Schenectady, Schenectady Co.,...

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was chosen President Pro. Tem.
H. S. Eldridge [Horace S. Eldredge]

6 Feb. 1816–6 Sept. 1888. Constable, farmer, military officer, merchant, banker, business executive. Born in Brutus, Cayuga Co., New York. Son of Alanson Eldredge and Esther Sunderlin. Joined Baptist church, ca. 1832. Baptized into Church of Jesus Christ ...

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, the person named thereon, made his return on the original writ of Habeus corpus. which writ, with the return thereon is now on file.
Samuel Waterman made his return on the copy of the original writ served on him and the same as <​is​> now on file. . . Court adjourned until Friday morning 10 o’clock. October 13th. 1843.
Friday October 13th. 1843. 10 o’clock A. M.
Court present, according to adjournment, To Wit; Joseph Smith chief Justice;
Orson Spencer

14 Mar./13 May 1802–15 Oct. 1855. Teacher, minister, university professor and chancellor. Born in West Stockbridge, Berkshire Co., Massachusetts. Son of Daniel Spencer and Chloe Wilson. Moved to Lenox, Berkshire Co., 1817; to Schenectady, Schenectady Co.,...

View Full Bio
,
George W. Harris

1 Apr. 1780–1857. Jeweler. Born at Lanesboro, Berkshire Co., Massachusetts. Son of James Harris and Diana (Margaret) Burton. Married first Elizabeth, ca. 1800. Married second Margaret, who died in 1828. Moved to Batavia, Genesee Co., New York, by 1830. Married...

View Full Bio
,
Gustavus Hills

29 Jan. 1804–18 Oct. 1846. Music teacher, engraver, jeweler, newspaper editor, judge. Born in Chatham, Middlesex Co., Connecticut. Son of Lebbeus Hills and Mary Gibson. Married Elizabeth Mansfield, 25 Dec. 1827, in Middletown, Middlesex Co. Moved to Warren...

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, and
W. W. Phelps

17 Feb. 1792–7 Mar. 1872. Writer, teacher, printer, newspaper editor, publisher, postmaster, lawyer. Born at Hanover, Morris Co., New Jersey. Son of Enon Phelps and Mehitabel Goldsmith. Moved to Homer, Cortland Co., New York, 1800. Married Sally Waterman,...

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associate Justices.
H. S. Eldridge

6 Feb. 1816–6 Sept. 1888. Constable, farmer, military officer, merchant, banker, business executive. Born in Brutus, Cayuga Co., New York. Son of Alanson Eldredge and Esther Sunderlin. Joined Baptist church, ca. 1832. Baptized into Church of Jesus Christ ...

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, to whose charge the
prisoner

1814/1815–28 Aug. 1859. Farmer. Born in New York. Son of Solomon Drown and Elizabeth Hatch. Married first Sarah Tarvel, by 1837. Baptized into Church of Jesus Christ of Latter-day Saints. Moved to Nauvoo, Hancock Co., Illinois, by 1842. Married second Louisa...

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was. committed, made his return “The
Prisoner

1814/1815–28 Aug. 1859. Farmer. Born in New York. Son of Solomon Drown and Elizabeth Hatch. Married first Sarah Tarvel, by 1837. Baptized into Church of Jesus Christ of Latter-day Saints. Moved to Nauvoo, Hancock Co., Illinois, by 1842. Married second Louisa...

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sick but in custody at my <​his​> house.”
Then came
charles Drown

1814/1815–28 Aug. 1859. Farmer. Born in New York. Son of Solomon Drown and Elizabeth Hatch. Married first Sarah Tarvel, by 1837. Baptized into Church of Jesus Christ of Latter-day Saints. Moved to Nauvoo, Hancock Co., Illinois, by 1842. Married second Louisa...

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by his Attorney
George P. Stiles

18 July 1816–Sept. 1885. Attorney, judge, politician. Born in Watertown, Jefferson Co., New York. Son of John Stiles and Persis Cole. Moved to Le Ray, Jefferson Co., by 1820. Moved to Pamela, Jefferson Co., by 1830. Married first Julian Mackemer, 7 Nov. 1841...

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, and plead his discharge on informality in the original writ,— and for want of substance in the affidavit, with rejoinder by
Sidney Rigdon

19 Feb. 1793–14 July 1876. Tanner, farmer, minister. Born at St. Clair, Allegheny Co., Pennsylvania. Son of William Rigdon and Nancy Gallaher. Joined United Baptists, ca. 1818. Preached at Warren, Trumbull Co., Ohio, and vicinity, 1819–1821. Married Phebe...

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acting attorney for the State.
The Court adjudged the papers sufficient to proceed to trial.
Hills

29 Jan. 1804–18 Oct. 1846. Music teacher, engraver, jeweler, newspaper editor, judge. Born in Chatham, Middlesex Co., Connecticut. Son of Lebbeus Hills and Mary Gibson. Married Elizabeth Mansfield, 25 Dec. 1827, in Middletown, Middlesex Co. Moved to Warren...

View Full Bio
,
Phelps

17 Feb. 1792–7 Mar. 1872. Writer, teacher, printer, newspaper editor, publisher, postmaster, lawyer. Born at Hanover, Morris Co., New Jersey. Son of Enon Phelps and Mehitabel Goldsmith. Moved to Homer, Cortland Co., New York, 1800. Married Sally Waterman,...

View Full Bio
, and
Spencer

14 Mar./13 May 1802–15 Oct. 1855. Teacher, minister, university professor and chancellor. Born in West Stockbridge, Berkshire Co., Massachusetts. Son of Daniel Spencer and Chloe Wilson. Moved to Lenox, Berkshire Co., 1817; to Schenectady, Schenectady Co.,...

View Full Bio
in the affirmative;
Harris

1 Apr. 1780–1857. Jeweler. Born at Lanesboro, Berkshire Co., Massachusetts. Son of James Harris and Diana (Margaret) Burton. Married first Elizabeth, ca. 1800. Married second Margaret, who died in 1828. Moved to Batavia, Genesee Co., New York, by 1830. Married...

View Full Bio
, & chief Justice Smith in the negative.
At 15 minutes past 12— Court adjourned until 2 o’clock. [p. 87]
View entire transcript

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Source Note

Document Transcript

Page 87

Document Information

Related Case Documents
Editorial Title
Docket Entry, 10–circa 17 October 1843 [State of Illinois v. Drown on Habeas Corpus]
ID #
10541
Total Pages
2
Print Volume Location
Handwriting on This Page
  • Willard Richards
  • Thomas Bullock

Footnotes

  1. new scribe logo

    Insertions in handwriting of Thomas Bullock.

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