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Introduction to City of Nauvoo v. Davis for Slander of JS–B and City of Nauvoo v. Davis for Slander of JS–C Complaint, 29 November 1842 [City of Nauvoo v. Davis for Slander of JS–B] Warrant and Subpoena, 29 November 1842 [City of Nauvoo v. Davis for Slander of JS–B] Subpoena, 29 November 1842 [City of Nauvoo v. Davis for Slander of JS–B] Subpoena, 30 November 1842 [City of Nauvoo v. Davis for Slander of JS–B] Minutes, 30 November 1842 [City of Nauvoo v. Davis for Slander of JS–B] Docket Entry, 30 November 1842 [City of Nauvoo v. Davis for Slander of JS–B]

Docket Entry, 30 November 1842 [City of Nauvoo v. Davis for Slander of JS–B]

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....

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, Hancock Co., IL], 30 Nov. 1842, City of Nauvoo v. Davis for Slander of JS–B (Nauvoo, IL, Municipal Court 1842); in Nauvoo Municipal Court Docket Book, 10–11; handwriting of
James Sloan

28 Oct. 1792–24 Oct. 1886. City recorder, notary public, attorney, judge, farmer. Born in Donaghmore, Co. Tyrone, Ireland. Son of Alexander Sloan and Anne. Married Mary Magill. Baptized into Church of Jesus Christ of Latter-day Saints. Ordained an elder, ...

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; CHL.

Historical Introduction

See Introduction to City of Nauvoo v. Davis for Slander of JS–B and City of Nauvoo v. Davis for Slander of JS–C.

Page 10

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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)
Vs.)
Amos Davis

Ca. 20 Sept. 1813–22 Mar. 1872. Merchant, farmer, postmaster, tavernkeeper. Born in New Hampshire or Vermont. Son of Wells Davis and Mary. Moved to Commerce (later Nauvoo), Hancock Co., Illinois, ca. fall 1836. Married first Elvira Hibard, 1 Jan. 1837, in...

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)
November 29th. 1842. Complaint made upon Oath, by Joseph Smith, before
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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Alderman, against the
Deft.

Ca. 20 Sept. 1813–22 Mar. 1872. Merchant, farmer, postmaster, tavernkeeper. Born in New Hampshire or Vermont. Son of Wells Davis and Mary. Moved to Commerce (later Nauvoo), Hancock Co., Illinois, ca. fall 1836. Married first Elvira Hibard, 1 Jan. 1837, in...

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, as follows, to wit “that he has been informed and verily believes, that on or about the 25th. Inst. one
Amos Davis

Ca. 20 Sept. 1813–22 Mar. 1872. Merchant, farmer, postmaster, tavernkeeper. Born in New Hampshire or Vermont. Son of Wells Davis and Mary. Moved to Commerce (later Nauvoo), Hancock Co., Illinois, ca. fall 1836. Married first Elvira Hibard, 1 Jan. 1837, in...

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of the
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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and
State

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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aforesaid did use and make ridiculous and abusive language concerning Deponents Character, thereby depreciating Deponents moral and religious Character, and that he did make use of the said language contrary to an Ordinance of 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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, entitled “an Ordinance in relation to religious Societies”.
Same day. Warrant issued to the City
Marshal

20 Apr. 1785–24 Nov. 1867. Surveyor. Born at Kingsbury, Washington Co., New York. Son of Newcomb Sherwood and a woman whose maiden name was Tolman (first name unidentified). Married first Jane J. McManagal (McMangle) of Glasgow, Lanark, Scotland, ca. 1824...

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to bring
Deft

Ca. 20 Sept. 1813–22 Mar. 1872. Merchant, farmer, postmaster, tavernkeeper. Born in New Hampshire or Vermont. Son of Wells Davis and Mary. Moved to Commerce (later Nauvoo), Hancock Co., Illinois, ca. fall 1836. Married first Elvira Hibard, 1 Jan. 1837, in...

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before the Municipal Court, at Ten oClock A.M., or forthwith thereafter on the 30th. Inst., & also to summon the other Aldermen, & Recorder.
Same day,— 2 Subpoenas issued, for Charles Seidel, Andrew <​M​> Gravel,
Joseph H. Jackson

?–? Moved to Nauvoo, Hancock Co., Illinois, by fall 1842. Moved to Carthage, Hancock Co., winter 1842–1843. Returned to Nauvoo, spring 1843. Hired to sell land for JS, 20 May 1843. Appointed aide-de-camp to lieutenant general in Nauvoo Legion, by 5 Jan. 1844...

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,
John M. Finch

30 Sept. 1815–13 Dec. 1888. Steamboat owner, speculator, postmaster, merchant, politician. Born in Montrose, Susquehanna Co., Pennsylvania. Moved to Rock Island, Rock Island Co., Illinois, 1838, where he owned a steamboat that operated on Mississippi River...

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,
Hyrum Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

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, Geo. Stevens, and Jas. I. Gilbert.
Novr. 30th. 1842. Ten oClock A.M.— The Municipal Court met.
Present.— Aldermen
[William] 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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,
[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...

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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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,
[Hiram] Kimball

31 May 1806–27 Apr. 1863. Merchant, iron foundry operator, mail carrier. Born in West Fairlee, Orange Co., Vermont. Son of Phineas Kimball and Abigail. Moved to Commerce (later Nauvoo), Hancock Co., Illinois, 1833, and established several stores. Married ...

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,
[Newel 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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, and
[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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.
Aldmn 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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<​was​> elected Presdt pro tem.
Warrant returned, endorsed, “the within served by reading to, and delivery of the Body of the
Deft.

Ca. 20 Sept. 1813–22 Mar. 1872. Merchant, farmer, postmaster, tavernkeeper. Born in New Hampshire or Vermont. Son of Wells Davis and Mary. Moved to Commerce (later Nauvoo), Hancock Co., Illinois, ca. fall 1836. Married first Elvira Hibard, 1 Jan. 1837, in...

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, Novr. 30th. 1842. fees 31¢.
H[enry] G. Sherwood

20 Apr. 1785–24 Nov. 1867. Surveyor. Born at Kingsbury, Washington Co., New York. Son of Newcomb Sherwood and a woman whose maiden name was Tolman (first name unidentified). Married first Jane J. McManagal (McMangle) of Glasgow, Lanark, Scotland, ca. 1824...

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Marshal.”
Subpoenas returned, endorsed, “the within served on Messrs
Jackson

?–? Moved to Nauvoo, Hancock Co., Illinois, by fall 1842. Moved to Carthage, Hancock Co., winter 1842–1843. Returned to Nauvoo, spring 1843. Hired to sell land for JS, 20 May 1843. Appointed aide-de-camp to lieutenant general in Nauvoo Legion, by 5 Jan. 1844...

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,
Finch

30 Sept. 1815–13 Dec. 1888. Steamboat owner, speculator, postmaster, merchant, politician. Born in Montrose, Susquehanna Co., Pennsylvania. Moved to Rock Island, Rock Island Co., Illinois, 1838, where he owned a steamboat that operated on Mississippi River...

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, Andrew M. Gravel, & Chas Seidel, fees 75¢. also served on Gilbert, fees 18¾¢.
H. G. Sherwood

20 Apr. 1785–24 Nov. 1867. Surveyor. Born at Kingsbury, Washington Co., New York. Son of Newcomb Sherwood and a woman whose maiden name was Tolman (first name unidentified). Married first Jane J. McManagal (McMangle) of Glasgow, Lanark, Scotland, ca. 1824...

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, Marshal.”
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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opened the Case on <​the​> part of the
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....

More Info
, and read the affidavit of Joseph Smith.—
Deft.

Ca. 20 Sept. 1813–22 Mar. 1872. Merchant, farmer, postmaster, tavernkeeper. Born in New Hampshire or Vermont. Son of Wells Davis and Mary. Moved to Commerce (later Nauvoo), Hancock Co., Illinois, ca. fall 1836. Married first Elvira Hibard, 1 Jan. 1837, in...

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pleaded not Guilty.
Joseph H. Jackson

?–? Moved to Nauvoo, Hancock Co., Illinois, by fall 1842. Moved to Carthage, Hancock Co., winter 1842–1843. Returned to Nauvoo, spring 1843. Hired to sell land for JS, 20 May 1843. Appointed aide-de-camp to lieutenant general in Nauvoo Legion, by 5 Jan. 1844...

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,
John M. Finch

30 Sept. 1815–13 Dec. 1888. Steamboat owner, speculator, postmaster, merchant, politician. Born in Montrose, Susquehanna Co., Pennsylvania. Moved to Rock Island, Rock Island Co., Illinois, 1838, where he owned a steamboat that operated on Mississippi River...

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, Andrew M. Gravel, and Chas. Seidel were Sworn as Witnesses, examined, cross examined, & questioned by the Court, as also by the
Deft.

Ca. 20 Sept. 1813–22 Mar. 1872. Merchant, farmer, postmaster, tavernkeeper. Born in New Hampshire or Vermont. Son of Wells Davis and Mary. Moved to Commerce (later Nauvoo), Hancock Co., Illinois, ca. fall 1836. Married first Elvira Hibard, 1 Jan. 1837, in...

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.
Chauncey M. Higbee [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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appeared as Attorney for the
Deft.

Ca. 20 Sept. 1813–22 Mar. 1872. Merchant, farmer, postmaster, tavernkeeper. Born in New Hampshire or Vermont. Son of Wells Davis and Mary. Moved to Commerce (later Nauvoo), Hancock Co., Illinois, ca. fall 1836. Married first Elvira Hibard, 1 Jan. 1837, in...

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, (during the examination of the Witnesses,) & cross examined some of the Witnesses.
The
Deft.

Ca. 20 Sept. 1813–22 Mar. 1872. Merchant, farmer, postmaster, tavernkeeper. Born in New Hampshire or Vermont. Son of Wells Davis and Mary. Moved to Commerce (later Nauvoo), Hancock Co., Illinois, ca. fall 1836. Married first Elvira Hibard, 1 Jan. 1837, in...

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stated that he would not produce any Witnesses.
Mr. 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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then spoke to evidence, & so forth.
Mr. 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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alledged that evidence had not been produced to support a breach of the Ordinance, & called upon the Court for a
Nonsuit

“A judgment given against a plaintiff, when he is unable to prove his case, or when he refuses or neglects to proceed to trial of a cause after it has been put at issue, without determining such issue.”

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, with Costs.—
Mr. 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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replied.— Joseph Smith the Prosecutor for the
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....

More Info
, spoke at considerable length, by permission of the Court.
Mr. [p. 10]
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Related Case Documents
Editorial Title
Docket Entry, 30 November 1842 [City of Nauvoo v. Davis for Slander of JS–B]
ID #
4381
Total Pages
2
Print Volume Location
Handwriting on This Page
  • James Sloan

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