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Introduction to City of Nauvoo v. Davis for Slander of JS–A Complaint, 10 March 1842 [City of Nauvoo v. Davis for Slander of JS–A] Warrant, 10 March 1842 [City of Nauvoo v. Davis for Slander of JS–A] Subpoena, 10 March 1842 [City of Nauvoo v. Davis for Slander of JS–A] Venire Facias, 10 March 1842 [City of Nauvoo v. Davis for Slander of JS–A] Verdict, 10 March 1842 [City of Nauvoo v. Davis for Slander of JS–A] Minutes, 10 March 1842 [City of Nauvoo v. Davis for Slander of JS–A] Docket Entry, circa 10 March 1842 [City of Nauvoo v. Davis for Slander of JS–A]

Introduction to City of Nauvoo v. Davis for Slander of JS–A

Page

City of Nauvoo v. Davis for Slander of JS–A
Nauvoo, Hancock Co., IL, Municipal Court, 10 March 1842
 
Historical Introduction
On 10 March 1842, JS swore a complaint to
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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, Illinois, mayor
John C. Bennett

3 Aug. 1804–5 Aug. 1867. Physician, minister, poultry breeder. Born at Fairhaven, Bristol Co., Massachusetts. Son of John Bennett and Abigail Cook. Moved to Marietta, Washington Co., Ohio, 1808; to Massachusetts, 1812; and back to Marietta, 1822. Married ...

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accusing
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 violating the city’s vagrancy and disorderly persons ordinance through his “indecent . . . language and behaviour.”
1

Complaint, 10 Mar. 1842 [City of Nauvoo v. Davis for Slander of JS–A].


Davis, a merchant and tavern keeper in Nauvoo, joined the church in 1840, but by 1842 his relationship with JS had soured.
2

“Good News from America,” Millennial Star, July 1840, 1:63.


Comprehensive Works Cited

Latter-day Saints’ Millennial Star. Manchester, England, 1840–1842; Liverpool, 1842–1932; London, 1932–1970.

The basis for his discontent was a financial dispute; Davis claimed that JS owed him money on a promissory note and had promised to pay the debt in the spring of 1842 but had not done so. JS, meanwhile, claimed that he had offered to pay the debt using land but that Davis would only accept cash. On 9 March 1842, JS stopped at Davis’s tavern for tea, but Davis refused to enter the room with him and instead hurled a number of insults at JS, reportedly calling him a “Whoremaster,” a “Scoundrel,” a “Rascal,” a “Liar,” a “Knave,” and a “Swindler.” One
witness

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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claimed that Davis also asserted that he was willing to meet JS “in the Woods, with Words, Fists, or Rifles.”
3

Minutes, 10 Mar. 1842 [City of Nauvoo v. Davis for Slander of JS–A]; Complaint, 10 Mar. 1842 [City of Nauvoo v. Davis for Slander of JS–A].


After JS swore out his complaint, the
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
Municipal Court subpoenaed witnesses, empaneled a jury, and heard the case the same day.
4

The disorderly persons ordinance allowed for trial either before the mayor’s court—as would typically be the case with most city ordinance violations—or the municipal court. (Nauvoo City Council Minute Book, 13 Nov. 1841, 31.)


Several witnesses, including JS, testified. Most of them focused on
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...

View Full Bio
’s accusation that JS was trying to swindle him in their business dealings.
5

Subpoena, 10 Mar. 1842 [City of Nauvoo v. Davis for Slander of JS–A]; Venire Facias, 10 Mar. 1842 [City of Nauvoo v. Davis for Slander of JS–A]; Minutes, 10 Mar. 1842 [City of Nauvoo v. Davis for Slander of JS–A].


The jury found Davis guilty, and the court ordered him to enter a hundred-dollar recognizance to guarantee he kept the peace for six months.
6

Minutes, 10 Mar. 1842 [City of Nauvoo v. Davis for Slander of JS–A]. Those convicted under the vagrant or disorderly persons ordinance were required to enter a bond to keep the peace for a “reasonable time” and could be further subject to forced labor for up to ninety days, a fine of up to $500, or imprisonment for up to six months. (Nauvoo City Council Minute Book, 13 Nov. 1841, 31.)


Later that year, in late November and early December 1842,
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...

View Full Bio
was the defendant in five other legal cases involving JS: City of Nauvoo v. Davis for Slander of JS–B; City of Nauvoo v. Davis for Slander of JS–C; City of Nauvoo v. Davis for Ardent Spirits; City of Nauvoo v. Davis for Assault; and City of Nauvoo v. Davis for Slander of Miles.
 
Calendar of Documents
This calendar lists all known documents created by or for the court, whether extant or not. It does not include versions of documents created for other purposes, though those versions may be listed in footnotes. In certain cases, especially in cases concerning unpaid debts, the originating document (promissory note, invoice, etc.) is listed here. Note that documents in the calendar are grouped with their originating court. Where a version of a document was subsequently filed with another court, that version is listed under both courts.
 

1842 (7)

March (7)

10 March 1842

JS, Complaint, before John C. Bennett, Nauvoo, Hancock Co., IL

  • 10 Mar. 1842; Nauvoo, IL, Records, CHL; handwriting of John C. Bennett; signature of JS; notation in handwriting of James Sloan.
10 March 1842

John C. Bennett, Warrant, to Nauvoo City Marshal, for Amos Davis, Nauvoo, Hancock Co., IL

  • 10 Mar. 1842; Nauvoo, IL, Records, CHL; handwriting of John C. Bennett; notation in handwriting of Dimick B. Huntington; notation in handwriting of James Sloan.
10 March 1842

John C. Bennett, Subpoena, to Nauvoo City Marshal, for Robert D. Foster and Others, Nauvoo, Hancock Co., IL

  • 10 Mar. 1842; Nauvoo, IL, Records, CHL; handwriting of John C. Bennett; notation in handwriting of Dimick B. Huntington; notation in handwriting of James Sloan.
10 March 1842

John C. Bennett, Venire Facias, to Nauvoo City Marshal, Nauvoo, Hancock Co., IL

  • 10 Mar. 1842; Nauvoo, IL, Records, CHL; handwriting of John C. Bennett; signature of James Sloan; notations in handwriting of Dimick B. Huntington; notation in handwriting of James Sloan.
10 March 1842

Reynolds Cahoon, Verdict, Nauvoo, Hancock Co., IL

  • 10 Mar. 1842; Nauvoo, IL, Records, CHL; handwriting of George Stiles; signature of Reynolds Cahoon; endorsement and notation in handwriting of James Sloan.
10 March 1842

Minutes, Nauvoo, Hancock Co., IL

  • 10 Mar. 1842; Nauvoo, IL, Records, CHL; handwriting of James Sloan.
Ca. 10 March 1842

Docket Entry, Nauvoo, Hancock Co., IL

  • Ca. 10 Mar. 1842; Nauvoo Municipal Court Docket Book, 4, CHL; handwriting of James Sloan.
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Editorial Title
Introduction to City of Nauvoo v. Davis for Slander of JS–A
ID #
14872
Total Pages
1
Print Volume Location
Handwriting on This Page

    Footnotes

    1. [1]

      Complaint, 10 Mar. 1842 [City of Nauvoo v. Davis for Slander of JS–A].

    2. [2]

      “Good News from America,” Millennial Star, July 1840, 1:63.

      Latter-day Saints’ Millennial Star. Manchester, England, 1840–1842; Liverpool, 1842–1932; London, 1932–1970.

    3. [3]

      Minutes, 10 Mar. 1842 [City of Nauvoo v. Davis for Slander of JS–A]; Complaint, 10 Mar. 1842 [City of Nauvoo v. Davis for Slander of JS–A].

    4. [4]

      The disorderly persons ordinance allowed for trial either before the mayor’s court—as would typically be the case with most city ordinance violations—or the municipal court. (Nauvoo City Council Minute Book, 13 Nov. 1841, 31.)

    5. [5]

      Subpoena, 10 Mar. 1842 [City of Nauvoo v. Davis for Slander of JS–A]; Venire Facias, 10 Mar. 1842 [City of Nauvoo v. Davis for Slander of JS–A]; Minutes, 10 Mar. 1842 [City of Nauvoo v. Davis for Slander of JS–A].

    6. [6]

      Minutes, 10 Mar. 1842 [City of Nauvoo v. Davis for Slander of JS–A]. Those convicted under the vagrant or disorderly persons ordinance were required to enter a bond to keep the peace for a “reasonable time” and could be further subject to forced labor for up to ninety days, a fine of up to $500, or imprisonment for up to six months. (Nauvoo City Council Minute Book, 13 Nov. 1841, 31.)

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