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Introduction to State of Illinois v. Goddard et al. and State of Illinois v. Goddard et al. on Habeas Corpus Warrant, 3 February 1843, James Flack Copy [State of Illinois v. Goddard et al.] Warrant, 3 February 1843, William Clayton First Copy [State of Illinois v. Goddard et al.] Warrant, 3 February 1843, William Clayton Second Copy [State of Illinois v. Goddard et al.] Petition, 4 February 1843 [State of Illinois v. Goddard et al. on Habeas Corpus] Habeas Corpus, 4 February 1843 [State of Illinois v. Goddard et al. on Habeas Corpus] Attachment, 4 February 1843 [State of Illinois v. Goddard et al. on Habeas Corpus] Subpoena, 4 February 1843–A [State of Illinois v. Goddard et al. on Habeas Corpus] Subpoena, 4 February 1843–B [State of Illinois v. Goddard et al. on Habeas Corpus] Affidavit, 4 February 1843–A [State of Illinois v. Goddard et al. on Habeas Corpus] Affidavit, 4 February 1843–B [State of Illinois v. Goddard et al. on Habeas Corpus] Costs, 4 February 1843 [State of Illinois v. Goddard et al. on Habeas Corpus] Docket Entry, circa 4 February 1843 [State of Illinois v. Goddard et al. on Habeas Corpus] Execution, 26 April 1843 [State of Illinois v. Goddard et al. on Habeas Corpus]

Docket Entry, circa 4 February 1843 [State of Illinois v. Goddard 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], ca. 4 Feb. 1843, State of IL v. Goddard et al. on Habeas Corpus (Nauvoo, IL, Municipal Court 1843); Nauvoo Municipal Court Docket Book, 17–19; 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. Includes notations by
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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, [
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. 25 Feb. 1843, ca. 27 Apr. 1843, and ca. 3 July 1843.

Historical Introduction

See Introduction to State of Illinois v. Goddard et al. and State of Illinois v. Goddard et al. on Habeas Corpus.

Page 18

Ordered that an
Attachment

The legal process of seizing the property of a defendant, in whatever hands the same may be found, in order to ensure satisfaction of a judgment or to coerce the defendant into appearing in court and answering the plaintiff’s claim. In some jurisdictions,...

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issue to bring them before the Court, which was done, Clerks fees 25¢.— The
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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brought the Aldermen, & returned the Writ of Attachment, endorsed, “the within served and Bodies brought before the Court according to requisition. fees $1,00¢.
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.
The Court then sat, 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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,
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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,
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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,
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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, &
Hiram Kimball

14 June 1801–22 June 1868. Blacksmith, potter. Born at Sheldon, Franklin Co., Vermont. Son of Solomon Farnham Kimball and Anna Spaulding. Married Vilate Murray, 22 Nov. 1822, at Mendon, Monroe Co., New York. Member of Baptist church at Mendon, 1831. Baptized...

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, associate Justices,—
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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was not notified, by reason of living at a considerable distance from the Court, &
Alderman [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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was unwell.
An Affidavit was made, and Sworn to by the Defts.,— Clerks fees 37½¢.
An Affidt was made & Sworn to by
Wm. Clayton

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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on behalf of Defts. Clerks fee 12½
Judge [Sylvester] Emmons

28 Feb. 1808–15 Nov. 1881. Lawyer, newspaper editor/publisher. Born in Readington Township, Hunterdon Co., New Jersey. Son of Abraham Emmons and Margaret Vlerebome. Moved to Philadelphia, 1831. Moved to Illinois, 1840. Admitted to bar in Hancock Co., Illinois...

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, Counsel for the Prisoners, read the Petn., Copy Warrant, & Writ of
Habeas 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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.
Squire [Onias] Skinner

21 July 1817–4 Feb. 1877. Sailor, teacher, preacher, farmer, lawyer, railroad president. Born in Floyd, Oneida Co., New York. Son of Onias Skinner and Tirza. Moved to Whitestown, Oneida Co., by 1830; to Peoria Co., Illinois, 1836; and to Greenville, Darke...

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,
Counsel 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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, moved the Court, that the Writ of Habeas Corpus & <​subsequent​> proceedings in this Cause, be quashed, by reason that the Const in whose Custody Defts were, did not make any return upon the Warrant, to that effect.— The Court overruled the point, & after some discussion by the Lawyers on both sides, the Court stated that they would hear testimony in this Case.
Judge Emmons

28 Feb. 1808–15 Nov. 1881. Lawyer, newspaper editor/publisher. Born in Readington Township, Hunterdon Co., New Jersey. Son of Abraham Emmons and Margaret Vlerebome. Moved to Philadelphia, 1831. Moved to Illinois, 1840. Admitted to bar in Hancock Co., Illinois...

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then stated things he considered informalities in the Warrt, sufft to obtain Defts discharge, & thought it his duty to ask their discharge,— although he said the Defts wished for an investigation, to let it appear how trifling the grounds were for such a charge.
Witnesses Sworn for Prosn.,— Blakely Anderson, John P. Smith, Saml Morton, Saml White, Starlin Driggs, Edwin Cutler, Clarke Foster,
Wm. White

25 Apr. 1813–22 Sept. 1872. River pilot. Born in St. Charles, St. Charles Co., Missouri Territory. Son of James White and Lurana Barber. Married first Achsa Golden, 25 Sept. 1838, in Hancock Co., Illinois. Sold property in and around what became Commerce ...

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, <​&​> Joshua Simpson. of those,— Saml White, Saml Morton, John P. Smith, Blakely Anderson, & Joshua Simpson were examined, & cross examined.
Witnesses Sworn for Defts., John Lambert, Lorain Farr, George McKenzie,
James M. Flack

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,
William Clayton

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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,
Welcome Chapman

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, William Whitehead, & Jas Smithis. & of those,
Wm. Clayton

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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, John Lambert, Jas Smithis,
Welcome Chapman

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, &
Jas M. Flack

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, were examined & cross examined.
Wm. F. Cahoon

7 Nov. 1813–6 Apr. 1893. Shoemaker, carpenter, joiner. Born at Harpersfield, Ashtabula Co., Ohio. Son of Reynolds Cahoon and Thirza Stiles. Baptized into Church of Jesus Christ of Latter-day Saints by Parley P. Pratt, 16 Oct. 1830, at Kirtland, Geauga Co....

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was then acquitted, & released, & produced, Sworn, examined, and cross examined as a Witness upon behalf of the Defts.. The testimony <​being​> closed.
The Judgment of the Court is, that
Stephen H. Goddard

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, &
William W. Reily

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be held in Custody to answer, and be dealt with, according to the tenor of said Warrant, and that they pay two thirds, and Josiah Simpson one third of the Costs incurred in issuing the Habeas Corpus & proceedings thereon. The Court also ordered that the four Aldermen who had been brought by attachment should pay the Costs thereof, &
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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’s fee thereon.

Notations in handwriting of James Sloan.


Feby. 25th. 1843.
S. Goddard

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paid me $2.00 as part, or their proportion of the Docket fee, for him &
Reilly

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.— also paid me $2.30, in full for my fees for him &
Reilly

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.—
Jas 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, ...

View Full Bio
, C. M. C.—
April [p. 18]
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Page 18

Document Information

Related Case Documents
Editorial Title
Docket Entry, circa 4 February 1843 [State of Illinois v. Goddard et al. on Habeas Corpus]
ID #
10509
Total Pages
3
Print Volume Location
Handwriting on This Page
  • James Sloan

Footnotes

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    Notations in handwriting of James Sloan.

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