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Introduction to State of Illinois v. JS et al. for Riot–A, State of Illinois v. JS for Riot on Habeas Corpus, State of Illinois v. H. Smith et al. on Habeas Corpus, and State of Illinois v. JS et al. for Riot–B Warrant, 11 June 1844 [State of Illinois v. JS et al. for Riot–A] Warrant, 11 June 1844, William Clayton Copy [State of Illinois v. JS et al. for Riot–A] Warrant, 11 June 1844, John Taylor and Willard Richards Copy [State of Illinois v. JS et al. for Riot–A] Recognizance, 25 June 1844–A [State of Illinois v. JS et al. for Riot–A] Recognizance, 25 June 1844–B [State of Illinois v. JS et al. for Riot–A] Recognizance, 25 June 1844–C [State of Illinois v. JS et al. for Riot–A] Recognizance, 25 June 1844–D [State of Illinois v. JS et al. for Riot–A] Petition to Nauvoo Municipal Court, 12 June 1844 [State of Illinois v. JS for Riot on Habeas Corpus] Habeas Corpus, 12 June 1844 [State of Illinois v. JS for Riot on Habeas Corpus] Summons, 12 June 1844 [State of Illinois v. JS for Riot on Habeas Corpus] Minutes, 12 June 1844 [State of Illinois v. JS for Riot on Habeas Corpus] Testimonies, 12 June 1844 [State of Illinois v. JS for Riot on Habeas Corpus] Docket Entry, circa 12 June 1844 [State of Illinois v. JS for Riot on Habeas Corpus] Execution, 13 June 1844 [State of Illinois v. JS for Riot on Habeas Corpus] Trial Report, between circa 12 and 20 June 1844, Draft [State of Illinois v. JS for Riot on Habeas Corpus] Trial Report, between circa 12 and 20 June 1844, Partial Draft [State of Illinois v. JS for Riot on Habeas Corpus] Petition, 13 June 1844 [State of Illinois v. H. Smith et al. on Habeas Corpus] Habeas Corpus, 13 June 1844 [State of Illinois v. H. Smith et al. on Habeas Corpus] Habeas Corpus, 13 June 1844, Copy [State of Illinois v. H. Smith et al. on Habeas Corpus] Execution, 13 June 1844 [State of Illinois v. H. Smith et al. on Habeas Corpus] Docket Entry, circa 13 June 1844 [State of Illinois v. H. Smith et al. on Habeas Corpus]

Docket Entry, circa 12 June 1844 [State of Illinois v. JS for Riot 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, ca. 12 June 1844, State of IL v. JS for Riot on Habeas Corpus (Nauvoo, IL, Municipal Court 1844); Nauvoo Municipal Court Docket Book, pp. 108–110; 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 redactions.

Historical Introduction

See Introduction to State of Illinois v. JS et al. for Riot–A, State of Illinois v. JS for Riot on Habeas Corpus, State of Illinois v. H. Smith et al. on Habeas Corpus, and State of Illinois v. JS et al. for Riot–B.

Page 108

Municipal Court.
State of Illinois)
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
)
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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vs. Joseph Smith— On Habeus Corpus June 12. 1844.
Docketing Suit $.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...

View Glossary
.50
Service H. C. .37½
Summons for Cou[r]t .25
Service on summons 1.75
fees of 18 witness 9.00
Justices Fees 7.50
Entering final Judemt [judgment] .25
$19.75
Swearing 18 witnesses 1.12½
Excution

“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
21.12½
Attendance of
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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1[.00]
22.12½
<Serving & returning execution .50
Return of execution— 12½
22.75>

Insertions in handwriting of Thomas Bullock.


This day came Joseph Smith and upon the reading and filing the petition for a writ of Habeus Corpus to be directed to one
David Bettisworth

14 July 1814–8 Nov. 1866. Constable, merchant. Born in Virginia. Son of Evan Bettisworth and Drusilla Bean. Moved to Chili Township, Hancock Co., Illinois, 1833. Hancock County constable who arrested JS, 12 June 1844. Carried news of deaths of JS and Hyrum...

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, constable of 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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county to have forthwith before the Municipal Court. 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....

More Info
the body of said Joseph Smith upon said writ of Habeus corpus. said writ was granted 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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.
Special Session June 12, 1844. 5 oclock P. M.
Present Alderman <​Aldermen​>
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 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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,
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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,
Elias Smith

6 Sept. 1804–24 June 1888. Teacher, printer, postmaster, bookkeeper, probate judge, newspaper editor. Born in Royalton, Windsor Co., Vermont. Son of Asahel Smith and Elizabeth Schellenger. Moved to Stockholm, St. Lawrence Co., New York, 1809. Baptized into...

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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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, associate Justices. The Mayor being on trial.
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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was Elected Prest. Pro tempore,
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 made his retu[r]n on the writ of Habus corpus the body of Joseph Smith in cou[r]t, which writ with the return thereon is on file.—
D[avid] Bettisworth

14 July 1814–8 Nov. 1866. Constable, merchant. Born in Virginia. Son of Evan Bettisworth and Drusilla Bean. Moved to Chili Township, Hancock Co., Illinois, 1833. Hancock County constable who arrested JS, 12 June 1844. Carried news of deaths of JS and Hyrum...

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. made his return— on the copy of the warrant which was attached to the petition. all of which are on file. shewing that said Joseph smith was arrested— on a writ issued by
Thomas Morrison

Ca. 1817–13 Apr. 1849. Lawyer, justice of the peace, politician. Resided at Carthage, Hancock Co., Illinois, by 1840. Married Mary E. Wells, 25 Dec. 1844, in Hancock Co. Elected member of Illinois House of Representatives, 1846. Died in Carthage.

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J P. on complaint of
Francis M. Higbee

1820–after 1850. Attorney, merchant. Born in Tate, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Moved to Fulton, Hamilton Co., Ohio, by 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832. Moved to Jackson Co., Missouri...

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,
7th Section of Adenda of City ordinance read by Counsl.
G. W. Stils [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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Resolution of City council June 10th 1844 de[c]laring the printing Establishing <​Establishment​> of the Nauvoo Expositor a nuisance. read. Mayors order 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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to excute the same Lieut Generals order of June 10th 1844 to
Major Gen [Jonathan] Dunham

14 Jan. 1800–28 July 1845. Soldier, police captain. Born in Paris, Oneida Co., New York. Son of Jonathan Dunham. Married Mary Kendall. Moved to Rushford, Allegany Co., New York, by 1830. Baptized into Church of Jesus Christ of Latter-day Saints and ordained...

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to assist 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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to destroy said printing establishment
Theodore Turl[e]y

10 Apr. 1801–12 Aug. 1871. Mechanic, gunsmith, brewer, farmer, blacksmith, gristmill operator. Born at Birmingham, Warwickshire, England. Son of William Turley and Elizabeth Yates. Associated with Methodism, by 1818. Married Frances Amelia Kimberley, 26 Nov...

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— sworn. said that the order of 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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was excuted quiet and peaceably, no riot or disturbanc, no noise no exultatin
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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endeavord to keep peace and silence. and the officers did also, the 2 companies under command of
Dunham

14 Jan. 1800–28 July 1845. Soldier, police captain. Born in Paris, Oneida Co., New York. Son of Jonathan Dunham. Married Mary Kendall. Moved to Rushford, Allegany Co., New York, by 1830. Baptized into Church of Jesus Christ of Latter-day Saints and ordained...

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&
Markam [Stephen Markham]

9 Feb. 1800–10 Mar. 1878. Carpenter, farmer, stock raiser. Born at Rush (later Avon), Ontario Co., New York. Son of David Markham and Dinah Merry. Moved to Mentor, Geauga Co., Ohio, 1809. Moved to Unionville, Geauga Co., 1810. Married Hannah Hogaboom, before...

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, retird in perfect order, no exultation or shouting, marched in front of the
Mansion

Large, two-story, Greek Revival frame structure located on northeast corner of Water and Main streets. Built to meet JS’s immediate need for larger home that could also serve as hotel to accommodate his numerous guests. JS relocated family from old house ...

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and were dismissed
J[ohn] R. Wakefield

Ca. 1810–after 1869. Dental surgeon, physician. Born in England. Practiced dentistry, by 1829. Immigrated to Philadelphia, before 1834. Moved to New York City, by July 1839. Moved to Burlington, Des Moines Co., Iowa Territory, before Feb. 1844. Became a traveling...

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— confirmd the statements of
T. Turly

10 Apr. 1801–12 Aug. 1871. Mechanic, gunsmith, brewer, farmer, blacksmith, gristmill operator. Born at Birmingham, Warwickshire, England. Son of William Turley and Elizabeth Yates. Associated with Methodism, by 1818. Married Frances Amelia Kimberley, 26 Nov...

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said 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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stated his authority and demanded the keys of the building. which
Higbee

1820–after 1850. Attorney, merchant. Born in Tate, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Moved to Fulton, Hamilton Co., Ohio, by 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832. Moved to Jackson Co., Missouri...

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denied. and
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...

View Full Bio
ordered the [p. 108]
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Source Note

Document Transcript

Page 108

Document Information

Related Case Documents
Editorial Title
Docket Entry, circa 12 June 1844 [State of Illinois v. JS for Riot on Habeas Corpus]
ID #
10656
Total Pages
3
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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