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Introduction to State of Illinois v. Colton and State of Illinois v. Colton on Habeas Corpus Complaint, 10 April 1844 [State of Illinois v. Colton] Warrant, 10 April 1844 [State of Illinois v. Colton] Mittimus, 11 April 1844 [State of Illinois v. Colton] Mittimus, 11 April 1844, Copy [State of Illinois v. Colton] Petition, 12 April 1844 [State of Illinois v. Colton on Habeas Corpus] Habeas Corpus, 12 April 1844 [State of Illinois v. Colton on Habeas Corpus] Habeas Corpus, 12 April 1844, Copy [State of Illinois v. Colton on Habeas Corpus] Subpoena, 12 April 1844 [State of Illinois v. Colton on Habeas Corpus] Minutes, 13 April 1844 [State of Illinois v. Colton on Habeas Corpus] Docket Entry, 12–circa 13 April 1844 [State of Illinois v. Colton on Habeas Corpus] Execution, 4 June 1844 [State of Illinois v. Colton on Habeas Corpus] Docket Entry, Discharge, 25 May 1844 [State of Illinois v. Colton]

Docket Entry, 12–circa 13 April 1844 [State of Illinois v. Colton 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, 12–ca. 13 Apr. 1844, State of IL v. Colton on Habeas Corpus (Nauvoo, IL Municipal Court 1844); Nauvoo Municipal Court Docket Book, 94; 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 notation 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...

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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], 4 June 1844. Includes notation 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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, 10 Feb. 1845.

Historical Introduction

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

Page 94

Municipal Court
State of Illinois) sct. [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
)
Docketing .12½
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
Subpoena— .25
Service on Subpoena 1.50
Service of <​on​> writ. .60
Justices fees 6.50
Marshal

3 Sept. 1793–10 Sept. 1844. Farmer, shoemaker, printer, publisher. Born at Herkimer, Herkimer Co., New York. Son of John Coddington Greene and Anna Chapman. Married first Rhoda Young, 11 Feb. 1813. Moved to Aurelius, Cayuga Co., New York, 1814; to Brownsville...

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attendg C[ourt]
1.00
Witnesses fees 4.00
Swearing 1 witness ,06¼
Entering Judgment. ,25
$14 78¾
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
15.03¾
On Habeus Corpus. April 12th. 1844.
This day came
A[ndrew] Colton

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and upon the reading and filing the Petition for a writ of Habeus Corpus to be directed to one
Joel S. Miles

25 Oct. 1816–in/after 1862. Constable, carpenter, justice of the peace. Born in Rutland Co., Vermont. Son of Samuel Miles and Sarah Simonds. Moved to Freedom, Cattaraugus Co., New York, ca. 1830. Baptized into Church of Jesus Christ of Latter-day Saints by...

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to have forthwith before the Municipal court the body of the Said
A. Colton

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upon Said writ: 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 the
Petitioner

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.
Subpoena issued: and 1 o’clock P. M. of. the 13th inst Set for the hearing, before the court.
Special Session. April 13th 1844. 1. o’clock P. M.
Present Joseph Smith chief Justice.
Wm Marks

15 Nov. 1792–22 May 1872. Farmer, printer, publisher, postmaster. Born at Rutland, Rutland Co., Vermont. Son of Cornell (Cornwall) Marks and Sarah Goodrich. Married first Rosannah R. Robinson, 2 May 1813. Lived at Portage, Allegany Co., New York, where he...

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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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,
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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. and
Geo A. Smith

26 June 1817–1 Sept. 1875. Born at Potsdam, St. Lawrence Co., New York. Son of John Smith and Clarissa Lyman. Baptized into Church of Jesus Christ of Latter-day Saints by Joseph H. Wakefield, 10 Sept. 1832, at Potsdam. Moved to Kirtland, Geauga Co., Ohio,...

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associate Justices.
D[imick] B. Huntington

26 May 1808–1 Feb. 1879. Farmer, blacksmith, shoemaker, constable, coroner, deputy sheriff, Indian interpreter. Born at Watertown, Jefferson Co., New York. Son of William Huntington and Zina Baker. Married Fannie Maria Allen, 28 Apr. 1830. Baptized into Church...

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, High constable, to whom was committed the service of the writ of Habeus Corpus. made his return thereon with the body of the
petitioner

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before the court. which writ is on file in the clerk’s office.
The copy of the writ was also. returned. and is filed in the clerk’s office.
The original writ issued by
R[obert] D. Foster

14 Mar. 1811–1 Feb. 1878. Justice of the peace, physician, land speculator. Born in Braunston, Northamptonshire, England. Son of John Foster and Jane Knibb. Married Sarah Phinney, 18 July 1837, at Medina Co., Ohio. Baptized into Church of Jesus Christ of ...

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. J. P. and the
Mittimus

A written order commanding a jailer or keeper of a prison “to receive and safely keep, a person charged with an offence therein named, until he shall be delivered by due course of law.”

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of
Isaac Higbee

23 Dec. 1797–16 Feb. 1874. Farmer, merchant, judge. Born in Galloway, Gloucester Co., New Jersey. Son of Isaac Higbee and Sophia Somers. Moved to Clermont Co., Ohio, ca. 1802. Married Keziah String, 11 Feb. 1819, in Clermont Co. Moved to Cincinnati, by 1830...

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J. P were read and are on file, by which it appeared that A[ndrew] J. Higbee was the original complainant
R. D. Foster

14 Mar. 1811–1 Feb. 1878. Justice of the peace, physician, land speculator. Born in Braunston, Northamptonshire, England. Son of John Foster and Jane Knibb. Married Sarah Phinney, 18 July 1837, at Medina Co., Ohio. Baptized into Church of Jesus Christ of ...

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sworn. Testified that
Colton

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preferred refused to be tried by
witness

14 Mar. 1811–1 Feb. 1878. Justice of the peace, physician, land speculator. Born in Braunston, Northamptonshire, England. Son of John Foster and Jane Knibb. Married Sarah Phinney, 18 July 1837, at Medina Co., Ohio. Baptized into Church of Jesus Christ of ...

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and
witness

14 Mar. 1811–1 Feb. 1878. Justice of the peace, physician, land speculator. Born in Braunston, Northamptonshire, England. Son of John Foster and Jane Knibb. Married Sarah Phinney, 18 July 1837, at Medina Co., Ohio. Baptized into Church of Jesus Christ of ...

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referred the case to
Isaac Higbee

23 Dec. 1797–16 Feb. 1874. Farmer, merchant, judge. Born in Galloway, Gloucester Co., New Jersey. Son of Isaac Higbee and Sophia Somers. Moved to Clermont Co., Ohio, ca. 1802. Married Keziah String, 11 Feb. 1819, in Clermont Co. Moved to Cincinnati, by 1830...

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Justice of the peace:— whereupon when
Colton

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. again demanded a change of venue on complaint the he feared he could not get Justice, but
Justice Higbee

23 Dec. 1797–16 Feb. 1874. Farmer, merchant, judge. Born in Galloway, Gloucester Co., New Jersey. Son of Isaac Higbee and Sophia Somers. Moved to Clermont Co., Ohio, ca. 1802. Married Keziah String, 11 Feb. 1819, in Clermont Co. Moved to Cincinnati, by 1830...

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refused to refer the case, where upon the court discharged the
prisoner

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, and ordered that A[ndrew] J. Higbee pay the costs he being the original p[r]osecutor.

Notation in handwriting of Willard Richards.


June 4. 1844 Execution issued vs. A. J. Higbee. $15.03¾— to
J. P. Green [John P. Greene]

3 Sept. 1793–10 Sept. 1844. Farmer, shoemaker, printer, publisher. Born at Herkimer, Herkimer Co., New York. Son of John Coddington Greene and Anna Chapman. Married first Rhoda Young, 11 Feb. 1813. Moved to Aurelius, Cayuga Co., New York, 1814; to Brownsville...

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Marshal

Notation in handwriting of Thomas Bullock.


February 10. 1845. The
Recorder

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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has drawn on the
Treasurer

17 July 1814–4 Dec. 1879. Bookkeeper, clerk. Born at Charnock Moss, Penwortham, Lancashire, England. Son of Thomas Clayton and Ann Critchley. Married Ruth Moon, 9 Oct. 1836, at Penwortham. Baptized into Church of Jesus Christ of Latter-day Saints by Heber...

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, for the above fees, amounting to 15.03¾ [p. 94]
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Source Note

Document Transcript

Page 94

Document Information

Related Case Documents
Editorial Title
Docket Entry, 12–circa 13 April 1844 [State of Illinois v. Colton on Habeas Corpus]
ID #
10584
Total Pages
1
Print Volume Location
Handwriting on This Page
  • Willard Richards
  • Thomas Bullock

Footnotes

  1. new scribe logo

    Notation in handwriting of Willard Richards.

  2. new scribe logo

    Notation in handwriting of Thomas Bullock.

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