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Introduction to State of Illinois v. Greene et al. and State of Illinois v. Greene et al. on Habeas Corpus Warrant, 1 April 1844 [State of Illinois v. Greene et al.] Petition, 2 April 1844 [State of Illinois v. Greene et al. on Habeas Corpus] Habeas Corpus, 2 April 1844 [State of Illinois v. Greene et al. on Habeas Corpus] Habeas Corpus, 2 April 1844, Copy [State of Illinois v. Greene et al. on Habeas Corpus] Summons, 2 April 1844 [State of Illinois v. Greene et al. on Habeas Corpus] Subpoena, 3 April 1844 [State of Illinois v. Greene et al. on Habeas Corpus] Docket Entry, 2–circa 3 April 1844 [State of Illinois v. Greene et al. on Habeas Corpus] Execution, 7 May 1844 [State of Illinois v. Greene et al. on Habeas Corpus]

Docket Entry, 2–circa 3 April 1844 [State of Illinois v. Greene et al. 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, 2–ca. 3 Apr. 1844, State of IL v. Greene et al. on Habeas Corpus (Nauvoo, IL, Municipal Court 1844); Nauvoo Municipal Court Docket Book, 91–93; 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], 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. Greene et al. and State of Illinois v. Greene et al. on Habeas Corpus.

Page 92

called <​uttered​> rough words to the
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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, while in discharge of the duties of his office 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
, on the first day of April 1844; and the said
Higby

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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threatened a good deal: when the
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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ordered
witness

25 Dec. 1812–25 Dec. 1870. Blacksmith, policeman, justice of the peace, mayor. Born in Northumberland Co., Pennsylvania. Son of Andrew Lytle and Sarah Davidson. Moved to Akron, Portage Co., Ohio. Married Hannah Hull, 18 Oct. 1835, in Waterford, Erie Co., ...

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<​the​> police to arrest. said
Higby

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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: and
witness

25 Dec. 1812–25 Dec. 1870. Blacksmith, policeman, justice of the peace, mayor. Born in Northumberland Co., Pennsylvania. Son of Andrew Lytle and Sarah Davidson. Moved to Akron, Portage Co., Ohio. Married Hannah Hull, 18 Oct. 1835, in Waterford, Erie Co., ...

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and his
brother

18 Aug. 1803–12 Oct. 1892. Blacksmith, policeman, farmer. Born in Turbot Township, Northumberland Co., Pennsylvania. Son of Andrew Lytle and Sarah Davidson. Moved to West Buffalo, Northumberland Co., by 1810. Moved to Ohio, ca. 1820. Married Christina Diana...

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arrested him and took him before the Mayor.
witness

25 Dec. 1812–25 Dec. 1870. Blacksmith, policeman, justice of the peace, mayor. Born in Northumberland Co., Pennsylvania. Son of Andrew Lytle and Sarah Davidson. Moved to Akron, Portage Co., Ohio. Married Hannah Hull, 18 Oct. 1835, in Waterford, Erie Co., ...

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was a police officer, of 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
.
John Lytle

18 Aug. 1803–12 Oct. 1892. Blacksmith, policeman, farmer. Born in Turbot Township, Northumberland Co., Pennsylvania. Son of Andrew Lytle and Sarah Davidson. Moved to West Buffalo, Northumberland Co., by 1810. Moved to Ohio, ca. 1820. Married Christina Diana...

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sworn. testified that he heard the
Marshall

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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order the arrest of
Chaunc[e]y 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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. and ran to assist in the arrest. and did assist as stated by previous
witness

25 Dec. 1812–25 Dec. 1870. Blacksmith, policeman, justice of the peace, mayor. Born in Northumberland Co., Pennsylvania. Son of Andrew Lytle and Sarah Davidson. Moved to Akron, Portage Co., Ohio. Married Hannah Hull, 18 Oct. 1835, in Waterford, Erie Co., ...

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: and that
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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threatened to make the
Marshall

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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us pay a smart for it, &c.
John P. Green

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 of 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
​> Sworn. Testified that on Saturday evening last, he made easton [James A. Eastin] prisoner, on <​in​> the name of the people of the state of
Illinois

Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...

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and 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
, to be tried as soon as circumstances would admit: Easton was secured by Henry Hoagland to appear <​for trial​> on Monday morning; On Monday Morning
witness

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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went to subpoena Mr Marr, when Hoagland to <​offered​> <​to​> surrender the prisoner, Easton, but
witness

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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refused to accept the surrender until they arrived at the Mayor’s
office

Term usually applied to JS’s private office, which was located at various places during JS’s lifetime, including his home. From fall 1840 until completion of JS’s brick store, office was located on second floor of a new building, possibly on Water Street ...

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; waited at the
office

Term usually applied to JS’s private office, which was located at various places during JS’s lifetime, including his home. From fall 1840 until completion of JS’s brick store, office was located on second floor of a new building, possibly on Water Street ...

More Info
until noon, but Easton did not arrive:
witness

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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received inteligence that
Mr 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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had issued a warrant for Easton, when the Mayor ordered
witness

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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to bring the prisoner Easton. forthwith;
Witness

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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went with
constable 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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, saw Easton. Easton said he had been arrested, but would rather go down to the Mayor’s for trial,
witness

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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put Easton in the hands of two police-men,— to be taken to the mayo[r]’s court.— A Warrant was presented for Mr Marr, which
witness

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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virily believes it was to hinder his testifying about Easton.
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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said Let me read the warrant, and when he had read it,
Constable 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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said that warrant does not say— “or some other justice” does it?
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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replied to
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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. “It is a damned lie.”
Marshall

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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said to
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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[“]Dont use any impertinent language.” God damn you. who are you? who cares for you! I am here myself. go your way said
Higby

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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.
Marshall

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...

View Full Bio
ordered
Higby

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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to be arrested by the police, he was brought before the Mayor, Mayor refered the case to
Alderman [Daniel H.] Wells

27 Oct. 1814–24 Mar. 1891. Farmer, teacher, ferry operator, lumber merchant, manager of nail factory, politician. Born in Trenton, Oneida Co., New York. Son of Daniel Wells and Catherine Chapin. Moved to Marietta, Washington Co., Ohio, ca. 1832. Moved to ...

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for trial, and
Chauncy L. Higby

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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was fined $10.00 and cost. for which, I <​
Witness

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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​> supposed he was arrained here this day,
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 the arrest was as the warrant. shows,
Andrew

25 Dec. 1812–25 Dec. 1870. Blacksmith, policeman, justice of the peace, mayor. Born in Northumberland Co., Pennsylvania. Son of Andrew Lytle and Sarah Davidson. Moved to Akron, Portage Co., Ohio. Married Hannah Hull, 18 Oct. 1835, in Waterford, Erie Co., ...

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and
John Lytle

18 Aug. 1803–12 Oct. 1892. Blacksmith, policeman, farmer. Born in Turbot Township, Northumberland Co., Pennsylvania. Son of Andrew Lytle and Sarah Davidson. Moved to West Buffalo, Northumberland Co., by 1810. Moved to Ohio, ca. 1820. Married Christina Diana...

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. said they had never arrested
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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on any other occasion.
The ordinance was read showing the authority for arrest
without process

Parties waived preliminary legal proceedings, such as the court issuing a summons for the defendant to appear.

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(Re[c]ords p. 13) [p. 92]
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Page 92

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Related Case Documents
Editorial Title
Docket Entry, 2–circa 3 April 1844 [State of Illinois v. Greene et al. on Habeas Corpus]
ID #
10572
Total Pages
3
Print Volume Location
Handwriting on This Page
  • Willard Richards

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