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Introduction to City of Nauvoo v. Davis for Assault Complaint, 1 December 1842 [City of Nauvoo v. Davis for Assault] Warrant, 1 December 1842 [City of Nauvoo v. Davis for Assault] Subpoena, 2 December 1842–A [City of Nauvoo v. Davis for Assault] Subpoena, 2 December 1842–B [City of Nauvoo v. Davis for Assault] Complaint, 2 December 1842 [City of Nauvoo v. Davis for Assault] Subpoena, 3 December 1842 [City of Nauvoo v. Davis for Assault] Subpoena, 5 December 1842 [City of Nauvoo v. Davis for Assault] Warrant, 6 December 1842 [City of Nauvoo v. Davis for Assault] Docket Entry, between 1 and circa 6 December 1842 [City of Nauvoo v. Davis for Assault] Docket Entry, between 1 and circa 6 December 1842, Copy [City of Nauvoo v. Davis for Assault] Bond, 9 December 1842 [City of Nauvoo v. Davis for Assault] Supersedeas, 19 January 1843 [City of Nauvoo v. Davis for Assault] Praecipe, 9 May 1843 Subpoena, 9 May 1843 [City of Nauvoo v. Davis for Assault] Praecipe, 15 May 1843 [City of Nauvoo v. Davis for Assault] Motion, circa 15 May 1843 [City of Nauvoo v. Davis for Assault] Docket Entry, Motions, 16 May 1843 [City of Nauvoo v. Davis for Assault] Agreement, 18 May 1843 Praecipe, 23 May 1843 [City of Nauvoo v. Davis for Assault] Docket Entry, Motion Sustained, 23 May 1843 [City of Nauvoo v. Davis for Assault] Docket Entry, circa 23 May 1843 [City of Nauvoo v. Davis for Assault] Affidavit, 24 May 1843–A [City of Nauvoo v. Davis for Assault] Affidavit, 24 May 1843–B [City of Nauvoo v. Davis for Assault] Affidavit, 25 May 1843 [City of Nauvoo v. Davis for Assault] Fee Bill, 19 September 1843–A [City of Nauvoo v. Davis for Assault] Fee Bill, 19 September 1843–B [City of Nauvoo v. Davis for Assault] Docket Entry, Motion, 20 October 1843 Docket Entry, Fieri Facias, between 23 May and circa 18 December 1843 [City of Nauvoo v. Davis for Assault] Affidavit, 22 October 1844

Docket Entry, between 1 and circa 6 December 1842, Copy [City of Nauvoo v. Davis for Assault]

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, between 1 and ca. 6 Dec. 1842, City of Nauvoo v. Davis for Assault (Hancock Co., IL, Circuit Court 1843). Copied 17 Feb. 1843; 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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; certified by JS, 17 Feb. 1843; docket and notation by
M. Avise

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on behalf of
Jacob B. Backenstos

8 Oct. 1811–25 Sept. 1857. Merchant, sheriff, soldier, politician, land speculator. Born at Lower Paxton, Dauphin Co., Pennsylvania. Son of Jacob Backenstos and Margaretha Theis. Member of Lutheran Reformed Church. Married Sarah Lavina Lee, niece of Robert...

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, [
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...

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, Hancock Co., IL], 28 Feb. 1843; two pages; private possession. Includes seal.

Historical Introduction

See Introduction to City of Nauvoo v. Davis for Assault.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Docket Entry, between 1 and circa 6 December 1842 [ City of Nauvoo v. Davis for Assault ] Docket Entry, between 1 and circa 6 December 1842, Copy [ City of Nauvoo v. Davis for Assault ]

Page [2]

Decr A. D. 1842, in the 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 ...

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, &
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 an assault & battery was committed on the body of this
Deponent

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, and that 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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is guilty of the fact charged.— Warrant issued same time to bring the body of
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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before Joseph Smith J. P. [Justice of the Peace] forthwith, to answer the said Complaint, which Warrant was returned, endorsed, “the within served & 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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brought & delivered to the Court, fees 25¢,
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.”
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.
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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for the Prosecution,—
Lyman E. Johnson

24 Oct. 1811–20 Dec. 1859. Merchant, lawyer, hotelier. Born at Pomfret, Windsor Co., Vermont. Son of John Johnson and Alice (Elsa) Jacobs. Moved to Hiram, Portage Co., Ohio, Mar. 1818. Baptized into Church of Jesus Christ of Latter-day Saints by Sidney Rigdon...

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for
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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.
Wm. C. Walker

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, Joseph A. McCall,
Ira S. Miles

25 Dec. 1808–31 July 1878. Born at Tinmouth, Rutland Co., Vermont. Son of Samuel Miles and Sarah (Sally) Simonds. Moved to Attica, Genesee Co., New York, by Nov. 1825. Lived near New Portage, Medina Co., Ohio, winter 1835. Baptized into Church of Jesus Christ...

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, & James A. Easton were Sworn, examined, & cross examined as Witnesses on behalf of the
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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.
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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, W. H. Ralston, & Jas I. Gilbert were produced, sworn, examined, & Cross examined, as Witnesses for
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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.
The proofs & allegations being heard, as also Counsel on both sides, It is adjudged by the Court. that
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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be fined in and pay a <​fine or​> Sum of fifty Dollars, & full Costs of Suit, (witnesses excepted,) taxed to $6,25.
Decr. 8th. 1842. A Transcript of the Judgment & proceedings in this Cause was made out for
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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, at his request, & delivered to him, fee recd 50¢.—
Jany. 31st. 1843.—
John D. Parker

22 Nov. 1799–26 Feb. 1891. Farmer, wainwright. Born in Saratoga, Saratoga Co., New York. Son of Abel Parker and Mary Davies. Served in War of 1812 as teamster in General John E. Wool’s company, 1813–1814. Married Harriet Sherwood. Moved to Galway, Saratoga...

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deputy Sheriff served a notice of an Appeal in this Cause, to the Circuit Court of
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 ...

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, which notice enjoined & required to suspend all further proceedings in relation thereto, until said Court shall make other Order to the Contrary. Witness
J. B. Backenstos

8 Oct. 1811–25 Sept. 1857. Merchant, sheriff, soldier, politician, land speculator. Born at Lower Paxton, Dauphin Co., Pennsylvania. Son of Jacob Backenstos and Margaretha Theis. Member of Lutheran Reformed Church. Married Sarah Lavina Lee, niece of Robert...

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, Clerk, Jany. 19th. 1843.—
State of Illinois)
Hancock County)
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
)
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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, 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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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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, Greeting:
I Joseph Smith, Mayor, within and for the 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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, do hereby Certify, that the foregoing is a true Copy from my Docket, of the proceedings and Judgment in the above Case, and that the said transcript and papers contain a full and perfect statement of all the proceedings before me in said case.
Given under my hand and Seal, this 17th. day of february A. D. 1843.—

Signature of JS.


Joseph Smith Mayor
LS
1

TEXT: “LS” (locus sigilli, Latin for “location of the seal”) enclosed in a hand-drawn representation of a seal.


[p. [2]]
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Document Information

Related Case Documents
Editorial Title
Docket Entry, between 1 and circa 6 December 1842, Copy [City of Nauvoo v. Davis for Assault]
ID #
4072
Total Pages
2
Print Volume Location
Handwriting on This Page
  • James Sloan
  • Joseph Smith Jr.

Footnotes

  1. new scribe logo

    Signature of JS.

  2. [1]

    TEXT: “LS” (locus sigilli, Latin for “location of the seal”) enclosed in a hand-drawn representation of a seal.

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