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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]

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

Page

City of Nauvoo v. Davis for Slander of JS–B
Nauvoo, Hancock Co., Illinois, Municipal Court, 30 November 1842
 
City of Nauvoo v. Davis for Slander of JS–C
Nauvoo, Hancock Co., Illinois, Municipal Court, 3 December 1842
Hancock Co., Illinois, Circuit Court, 23 May 1843
 
Historical Introduction
City of Nauvoo v. Davis for Slander of JS–B
On 29 November 1842, JS swore a complaint 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
slander

The “malicious publication of words, by speaking, writing, or printing, by reason of which the person to whom they relate becomes liable to suffer corporal punishment, or to sustain some damage.”

View Glossary
. It was the second time that year he had brought such a charge against Davis, a merchant and tavern keeper in
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
, Illinois, with whom he had a turbulent history. Davis had joined the church in 1840,
1

“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.

but by 1842 his relationship with JS had soured. In March the two men feuded over a financial dispute; JS brought charges against Davis for slandering his character and a jury found Davis guilty of violating Nauvoo’s vagrancy and disorderly persons ordinance.
2

See Introduction to City of Nauvoo v. Davis for Slander of JS–A; and Nauvoo City Council Minute Book, 13 Nov. 1841, 31.


The relationship worsened in the ensuing months.
3

In September 1842 William Clayton recorded a rumor in JS’s journal that the posse attempting to arrest JS for extradition to Missouri had used Davis’s tavern as a base of operations. JS, Journal, 3 Sept. 1842.


Between 29 November and 6 December 1842, Davis was accused of violating several city ordinances and was tried in five cases in Nauvoo courts. In each of these cases, JS participated as either mayor, justice of the peace, complainant, or witness.
4

For the other cases, see City of Nauvoo v. Davis for Ardent Spirits, City of Nauvoo v. Davis for Assault of Walker, and City of Nauvoo v. Davis for Slander of Miles.


In his 29 November complaint, sworn before
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
alderman and justice of the peace
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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, JS claimed that “on or about” 25 November,
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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had “depreciat[ed]” his “moral and religious Character” in violation of the city’s ordinance concerning religious societies. In addition to guaranteeing free exercise of religion, this ordinance criminalized “ridiculing abusing, or otherwise depreciating another in consequence of his religion.”
5

Complaint, 29 Nov. 1842 [City of Nauvoo v. Davis for Slander of JS–B]; Nauvoo City Council Minute Book, 1 Mar. 1841, 13. This complaint was one of two complaints JS swore out before Wells on 29 November. The other accused Thomas Hunter of violating the city statute concerning religious societies by maligning JS. (See Complaint, 29 Nov. 1842 [City of Nauvoo v. Hunter].)


At ten o’clock in the morning on 30 November, the city aldermen assembled as the Nauvoo Municipal Court to try the case with
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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presiding over the court, presumably because JS, the chief justice of the court, was the complainant.
6

Docket Entry, 30 Nov. 1842 [City of Nauvoo v. Davis for Slander of JS–B]. The Ordinance in relation to Religious Societies allowed for trial before either the mayor’s court or Nauvoo’s municipal court. (Nauvoo City Council Minute Book, 1 Mar. 1841, 13.)


After the witnesses testified,
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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, Davis’s attorney, claimed that the prosecution had not produced evidence “to support a breach of the Ordinance” in JS’s complaint. Accordingly, he argued that JS be “
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.”

View Glossary
[ed], with Costs.” City attorney
George 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 to Higbee’s argument, after which JS, acting as the prosecuting witness, was permitted to address the court.
7

Docket Entry, 30 Nov. 1842 [City of Nauvoo v. Davis for Slander of JS–B]. According to a modern law dictionary, a prosecuting witness is “the private person upon whose complaint or information a criminal accusation is founded and whose testimony is mainly relied on to secure a conviction at the trial.” (“Prosecuting Witness,” in Black, Law Dictionary, 958.)


Comprehensive Works Cited

Black, Henry Campbell. A Law Dictionary Containing Definitions of the Terms and Phrases of American and English Jurisprudence, Ancient and Modern and Including the Principal Terms of International, Constitutional, Ecclesiastical and Commercial Law, and Medical Jurisprudence, with a Collection of Legal Maxims, Numerous Select Titles from the Roman, Modern Civil, Scotch, French, Spanish, and Mexican Law, and Other Foreign Systems, and a Table of Abbreviations. St. Paul, MN: West Publishing, 1910.

The court subsequently agreed with Higbee and
nonsuited

“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.”

View Glossary
the case.
8

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


In the 30 November 1842 entry of JS’s journal,
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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attributed the nonsuit to “the informality of the writ drawn by Esqr Wells.”
9

JS, Journal, 30 Nov. 1842.


However, JS’s subsequent charges against Davis suggest that the issue may have been the city ordinance JS had accused Davis of violating in his complaint.
 
City of Nauvoo v. Davis for Slander of JS–C
The same day
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 30 November 1842 trial ended in 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.”

View Glossary
, JS swore out a second complaint, again related to the circa 25 November incident but this time accusing Davis of “indecent unbecoming, abusive ridiculous Language concerning the acts and Character” of JS.
10

Complaint, 30 Nov. 1842 [City of Nauvoo v. Davis for Slander of JS–C]. JS’s 29 November 1842 complaint had merely accused Davis of using “ridiculous and abusive language.” (Complaint, 29 Nov. 1842 [City of Nauvoo v. Davis for Slander of JS–B].)


The complaint further stated that Davis possibly made these
slanderous

The “malicious publication of words, by speaking, writing, or printing, by reason of which the person to whom they relate becomes liable to suffer corporal punishment, or to sustain some damage.”

View Glossary
remarks “at Divers other times previous to that time.” In doing so, JS stated, Davis had violated “the ordinances of Said City,” likely referring to the vague
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
vagrancy ordinance but possibly others.
11

Complaint, 30 Nov. 1842, [City of Nauvoo v. Davis for Slander of JS–C]; Nauvoo City Council Minute Book, 13 Nov. 1841, 31.


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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attempted to hold a trial based on this complaint on 2 December 1842, but the absence of witnesses forced the municipal court to postpone the trial.
12

See Docket Entry, between 30 Nov. and ca. 3 Dec 1842 [City of Nauvoo v. Davis for Slander of JS–C]. The disorderly persons ordinance allowed for trial before the mayor’s court or the municipal court. (See Nauvoo City Council Minute Book, 13 Nov. 1841, 31.)


When the court convened the next evening,
Lyman 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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, Davis’s attorney for the case, objected that the complaint was too broad and that the court lacked jurisdiction. The court nevertheless found Davis guilty, fined him $50 plus costs, and required him to sign a
recognizance

“An obligation of record . . . to do some act required by law,” such as “to keep the peace, to pay a debt, or the like.” Recognizance is “somewhat like an ordinary bond, the difference being that a bond is the creation of a fresh debt, or obligation de novo...

View Glossary
for $200 to guarantee that he would keep the peace, “especially towards Joseph Smith,” for six months.
13

Docket Entry, between 30 Nov. and ca. 3 Dec 1842 [City of Nauvoo v. Davis for Slander of JS–C]. Those convicted under the vagrant or disorderly persons ordinance were required to enter a recognizance to keep the peace for a “reasonable time” and could be further subject to forced labor for up to ninety days or a fine of up to five hundred dollars if their recognizance was violated. (Nauvoo City Council Minute Book, 13 Nov. 1841, 31.)


Davis initially refused to pay the fine or give the recognizance and was arrested on 6 December for his noncompliance. He relented three days later.
14

See Docket Entry, between 30 Nov. and ca. 3 Dec 1842 [City of Nauvoo v. Davis for Slander of JS–C].


On 9 December, the same day that
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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finally agreed to comply with the judgment, he filed an appeal bond with the
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 ...

More Info
Circuit Court. On 19 January 1843, Davis filed a notice of appeal before the Hancock County Circuit Court, and the appeal was heard at the May 1843 term. This appeal was one of three that Davis made to the circuit court following his string of prosecutions in
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
in late November and early December 1842. Because of the similarities between the three cases in the circuit court, some of the same documents were used multiple times and it is possible that some were misfiled and are currently associated with the wrong case.
15

See Bond, 9 Dec. 1842 [City of Nauvoo v. Davis for Slander of JS–C]; Supersedeas, 19 Jan. 1843 [City of Nauvoo v. Davis for Slander of JS–C]; Supersedeas, 19 Jan. 1843 [City of Nauvoo v. Davis for Ardent Spirits]; and Supersedeas, 19 Jan. 1843 [City of Nauvoo v. Davis for Assault]. For example, the slander and assault cases used the same praecipe, and some of the documents, such as Davis’s attorney’s motion to dismiss, show signs of being docketed with two different case numbers. (See Praecipe, 9 May 1843; and Motion, ca. 15 May 1843–A [City of Nauvoo v. Davis for Slander of JS–C].)


According to an attorney’s agreement signed before the circuit court proceedings, the three appeals were to focus on “the legailty of the Ordinances and if the City Council has the authority under the charter to pass said Ordinances.”
16

Agreement, 18 May 1843.


Accordingly, on 16 May 1843, C. O. Warner, the defense attorney, filed a motion to dismiss the suits, while
George Bachman

ca. 1802–after Mar. 1857. Possibly born in New York. Son of Jacob Bachman and Sarah Borzenbanack. Practiced law in Springfield, Sangamon Co., Illinois, and in Hancock Co., Illinois, 1840s. Member of jury that testified about manner of deaths of JS and Hyrum...

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, Nauvoo’s attorney, filed to dismiss Davis’s appeals. All of the motions used almost identical language.
17

Only two of Bachman’s motions to dismiss the appeals are extant, but docket records indicate that a third was filed. (See Motion, ca. 15 May 1843–A [City of Nauvoo v. Davis for Slander of JS–C]; Motion, ca. 15 May 1843 [City of Nauvoo v. Davis for Slander of JS–C]; Motion, ca. 15 May 1843–A [City of Nauvoo v. Davis for Ardent Spirits]; Motion, ca. 15 May 1843–B [City of Nauvoo v. Davis for Ardent Spirits]; Motion, ca. 15 May 1843 [City of Nauvoo v. Davis for Assault]; and Docket Entry, Motions, 16 May 1843 [City of Nauvoo v. Davis for Assault].)


Warner claimed that the proceedings had been contrary to the constitutions 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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and the
United States

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

More Info
and that no law or ordinance had been violated. The motion likely associated with this case also stated that Nauvoo’s courts lacked jurisdiction. Bachman’s motions, meanwhile, primarily objected to the procedures of Davis’s appeals, claiming that his appeal bonds were irregularly entered and that the appeal to the circuit court was improper. Bachman also countered Warner’s claim by stating that the cases were supported by Nauvoo’s city ordinances.
After hearing the attorneys’ arguments, the court initially overruled the motion to dismiss the suit and the motion to dismiss the appeal.
18

See Motion, ca. 15 May 1843–A [City of Nauvoo v. Davis for Slander of JS–C]; Motion, ca. 15 May 1843 [City of Nauvoo v. Davis for Slander of JS–C]; and Docket Entry, Motions Overruled, 16 May 1843 [City of Nauvoo v. Davis for Slander of JS–C].


Nevertheless, deliberations over the motions resumed on 23 May 1843 until the court was “fully advised in the premises” of the
slander

The “malicious publication of words, by speaking, writing, or printing, by reason of which the person to whom they relate becomes liable to suffer corporal punishment, or to sustain some damage.”

View Glossary
case, at which point the court sustained
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 motion and dismissed the suit “for want of Jurisdiction of the Court below” while ordering the 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
to pay his costs.
19

Docket Entry, 23 May 1843 [City of Nauvoo v. Davis for Slander of JS–C]; Docket Entry, ca. 16 May 1843 [City of Nauvoo v. Davis for Slander of JS–C].


No extant records explicitly state why the court believed the Nauvoo municipal court lacked jurisdiction. One possibility is that while the ordinance regarding vagrants and disorderly persons gave either the mayor’s court or municipal court original jurisdiction, the municipal court only had authority to function as an appellate court according to the Nauvoo charter.
20

See Nauvoo City Council Minute Book, 13 Nov. 1841, 31; and Act to Incorporate the City of Nauvoo, 16 Dec. 1840. The same day it dismissed Nauvoo’s case against Davis, the Hancock County Circuit Court also dismissed one of JS’s complaints against Thomas Hunter that was tried under similar circumstances. (Hancock Co., IL, Circuit Court Records, 1829–1897, vol. C, pp. 409, 473, microfilm 947,496, U.S. and Canada Record Collection, FHL. )


Comprehensive Works Cited

U.S. and Canada Record Collection. FHL.

By December 1843, Sheriff
William Backenstos

29 Aug. 1813–11 July 1875. Sheriff, merchant, painter. Born at Lower Paxton, Dauphin Co., Pennsylvania. Son of Jacob Backenstos and Margaretha Theis. Baptized into Lutheran Reformed Church, 31 Oct. 1813, in Lower Paxton. Moved to Hancock Co., Illinois, by...

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was unable to find any property in the county belonging to the city to levy for payment.
21

Docket Entry, Fieri Facias, between 23 May and ca. 18 Dec. 1843 [City of Nauvoo v. Davis for Slander of JS–C].


City of Nauvoo v. Davis for Slander of JS–B and C were two of five cases involving JS that were brought against
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...

View Full Bio
in 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
mayor’s and municipal courts in late November and early December 1842. For the related cases, see City of Nauvoo v. Davis for Ardent Spirits, City of Nauvoo v. Davis for Assault of Walker, 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.
 
City of Nauvoo v. Davis for Slander of JS–B, Nauvoo, Hancock Co., Illinois, Municipal Court

1842 (6)

November (6)

29 November 1842

JS, Complaint, before Daniel H. Wells, Nauvoo, Hancock Co., IL

  • 29 Nov. 1842; JS Collection (Supplement), CHL; handwriting of James Sloan; signatures of JS and Daniel H. Wells.
29 November 1842

Daniel H. Wells, Warrant and Subpoena, to Nauvoo City Marshal, for Amos Davis and Others, Nauvoo, Hancock Co., IL

  • 29 Nov. 1842; Nauvoo, IL, Records, CHL; handwriting of James Sloan; notation in handwriting of Henry G. Sherwood.
29 November 1842

Daniel H. Wells, Subpoena, for Charles Seidel and Others, Nauvoo, Hancock Co., IL

  • 29 Nov. 1842; Nauvoo, IL, Records, CHL; handwriting of James Sloan; signature of Daniel H. Wells; notation in handwriting of Henry G. Sherwood; endorsement in handwriting of James Sloan.
30 November 1842

James Sloan, Subpoena, for Hyrum Smith and Others, Nauvoo, Hancock Co., IL

  • 30 Nov. 1842; Nauvoo, IL, Records, CHL; handwriting of James Sloan.
30 November 1842

Minutes, Nauvoo, Hancock Co., IL

  • 30 Nov. 1842; Nauvoo, IL, Records, CHL; handwriting of James Sloan; dockets in handwriting of James Sloan.
30 November 1842

Docket Entry, Nauvoo, Hancock Co., IL

  • 30 Nov. 1842; Nauvoo Municipal Court Docket Book, 10–11; handwriting of James Sloan.
 
City of Nauvoo v. Davis for Slander of JS–C, Nauvoo, Hancock Co., Illinois, Municipal Court

1842 (12)

November (4)

30 November 1842

JS, Complaint, before William Marks, Nauvoo, Hancock Co., IL

  • 30 Nov. 1842; private possession; photocopy in JS Collection, CHL; handwriting of George Stiles; signature of JS; certification in handwriting of William Marks; docket and endorsement in handwriting of James Sloan; docket and notation in handwriting of M. Avise.
30 November 1842

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

  • 30 Nov. 1842. Not extant.
    1

    See Docket Entry, between 30 Nov. and ca. 3 Dec. 1842 [City of Nauvoo v. Davis for Slander of JS–C].


30 November 1842

James Sloan, Subpoena, to Nauvoo City Marshal, for Andrew Gravel and Others, Nauvoo, Hancock Co., IL, 30 November 1842–A

  • 30 Nov. 1842; microfilm in Circuit Court case files, 1830–1900, CHL; handwriting of James Sloan; endorsement in handwriting of James Sloan; docket and notation in handwriting of Henry G. Sherwood; docket and notation in handwriting of M. Avise.
30 November 1842

James Sloan, Subpoena, to Nauvoo City Marshal, for George Stevens and Others, Nauvoo, Hancock Co., IL, 30 November 1842–B

  • 30 Nov. 1842; photocopy in Historical Department, Nineteenth-Century Legal Documents Collection, 1829–1973, CHL; handwriting of James Sloan; endorsement in handwriting of James Sloan.

December (8)

2 December 1842

Attachment, for Daniel H. Wells and Others, Nauvoo, Hancock Co., IL

  • 2 Dec. 1842. Not extant.
    1

    See Docket Entry, between 30 Nov. and ca. 3 Dec. 1842 [City of Nauvoo v. Davis for Slander of JS–C].


3 December 1842

Attachment, for Orson Spencer and Gustavus Hills, Nauvoo, Hancock Co., IL

  • 3 Dec. 1842. Not extant.
    1

    See Docket Entry, between 30 Nov. and ca. 3 Dec. 1842 [City of Nauvoo v. Davis for Slander of JS–C].


3 December 1842

James Sloan, Subpoena, to Nauvoo City Marshal, for John M. Finch and Others, Nauvoo, Hancock Co., IL, 3 December 1842–A

  • 3 Dec. 1842; microfilm in Circuit Court case files, 1830–1900, CHL; handwriting of James Sloan; notation in handwriting of Henry G. Sherwood; endorsement in handwriting of James Sloan; docket and notation in handwriting of M. Avise.
3 December 1842

James Sloan, Subpoena, to Nauvoo City Marshal, for Hyrum Smith and Others, Nauvoo, Hancock Co., IL, 3 December 1842–B

  • 3 Dec. 1842; microfilm in Circuit Court case files, 1830–1900, CHL; handwriting of James Sloan; endorsement in handwriting of James Sloan; notation in handwriting of Henry G. Sherwood; docket and notation in handwriting of M. Avise.
3 December 1842

James Sloan, Execution, to Nauvoo City Marshal, Nauvoo, Hancock Co., IL

  • 3 Dec. 1842; microfilm in Circuit Court case files, 1830–1900, CHL; handwriting of James Sloan; docket and notation in handwriting of James Sloan; docket and notation in handwriting of M. Avise.
Between 30 November and ca. 3 December 1842

Docket Entry, Nauvoo, Hancock Co., IL

  • Between 30 Nov. and ca. 3 Dec. 1842; Nauvoo Municipal Court Docket Book, 12–13; handwriting of James Sloan; notations in handwriting of James Sloan.
  • 8 Dec. 1842;
    1

    This certified copy of the municipal court docket entry was created at the request of Amos Davis and filed with the Hancock Co. Circuit Court on 9 December 1842. It includes James Sloan notations through 6 Dec. 1842.


    microfilm in Circuit Court case files, 1830–1900, CHL; handwriting of James Sloan; docket and notation in handwriting of M. Avise.
  • 27 Feb. 1843;
    2

    This certified copy of the municipal court docket entry was filed with the Hancock Co. Circuit Court on 28 February 1843 and includes James Sloan notations through 3 Feb. 1843. Sloan appears to have mistakenly dated this copy 17 February 1843.


    Nauvoo Legal Proceedings, BYU; handwriting of James Sloan; docket in handwriting of James Sloan; docket and notation in handwriting of M. Avise.
6 December 1842

Mittimus, to Nauvoo City Marshal, Nauvoo, Hancock Co., IL

  • 6 Dec. 1842. Not extant.
    1

    See Docket Entry, between 30 Nov. and ca. 3 Dec. 1842 [City of Nauvoo v. Davis for Slander of JS–C].


9 December 1842

Amos Davis, Recognizance, Nauvoo, Hancock Co., IL

  • 9 Dec. 1842; photocopy in Historical Department, Nineteenth-Century Legal Documents Collection, 1829–1973, CHL; handwriting of James Sloan; signature of Amos Davis.

1843 (2)

January (1)

19 January 1843

Jacob B. Backenstos, Supersedeas, Carthage, Hancock Co., IL, to Nauvoo Municipal Court and Nauvoo City Marshal or Constable

  • 19 Jan. 1843;
    1

    Between 1 and 4 February 1843, deputy sheriff John D. Parker read this supersedeas to members of the Nauvoo Municipal Court. It was filed by the Hancock County Circuit Court at an unknown time.


    private possession; microfilm in Court Cases Files, 1830–1846; handwriting of M. Avise; signature of Jacob B. Backenstos; docket in handwriting of M. Avise; notations in handwriting of John D. Parker.
  • Between ca. 19 Jan. and 3 Feb. 1843;
    2

    A copy of the supersedeas was served upon JS, who delivered it to James Sloan through deputy sheriff John D. Parker on 3 February 1843. When the case was appealed to the Hancock County Circuit Court, this and other documents from the municipal court proceedings were forwarded to and filed by the circuit court. (See Docket Entry, between 30 Nov. and ca. 3 Dec. 1842 [City of Nauvoo v. Davis for Slander of JS–C].)


    private possession; microfilm in Court Cases Files, 1830–1846; handwriting of John D. Parker; docket in handwriting of John D. Parker; endorsements in handwriting of James Sloan; docket and notation in handwriting of M. Avise.

February (1)

27 February 1843

James Sloan, List, Nauvoo, Hancock Co., IL

  • 27 Feb. 1843; Nauvoo, IL, Records, CHL; handwriting of James Sloan; docket in handwriting of James Sloan.
 
City of Nauvoo v. Davis for Slander of JS–C, Hancock Co., Illinois, Circuit Court

1842 (2)

December (2)

Between 30 November and ca. 3 December 1842

Docket Entry, Copy, Nauvoo, Hancock Co., IL

  • 8 Dec. 1842; microfilm in Circuit Court case files, 1830–1900, CHL; handwriting of James Sloan; docket and notation in handwriting of M. Avise.
    1

    This represents the certified copy of the municipal court docket entry created at the request of Amos Davis and filed with the Hancock County Circuit Court on 9 December 1842. It includes notations by James Sloan through 6 Dec. 1842.


  • 27 Feb. 1843; Nauvoo Legal Proceedings, BYU; handwriting of James Sloan; docket in handwriting of James Sloan; docket and notation in handwriting of M. Avise.
    2

    This represents the certified copy of the municipal court docket entry filed with the Hancock County Circuit Court on 28 February 1843. It includes notations by James Sloan through 3 Feb. 1843. Sloan appears to have mistakenly dated this copy 17 February 1843.


9 December 1842

Amos Davis and Others, Bond, Carthage, Hancock Co., IL, to City of Nauvoo

  • 9 Dec. 1842; microfilm in Circuit Court case files, 1830–1900, CHL; printed form with manuscript additions in handwriting of M. Avise; signatures of Amos Davis, Lewis Robison, and Robert D. Foster; docket and notation printed with manuscript additions in handwriting of M. Avise.

1843 (15)

May (10)

9 May 1843

Amos Davis, Praecipe,
1

In the praecipe, Davis requested witnesses for both City of Nauvoo v. Davis for Assault and City of Nauvoo v. Davis for Slander of JS–C.


to Jacob B. Backenstos, Hancock Co., IL

  • 9 May 1843; microfilm in Circuit Court case files, 1830–1900, CHL; handwriting presumably of Amos Davis; docket and notation in handwriting of M. Avise.
9 May 1843

M. Avise on behalf of Jacob B. Backenstos, Subpoena, to Hancock Co. Sheriff, for Davidson Hibbard and Robert D. Foster, Carthage, Hancock Co., IL

  • 9 May 1843; private possession; microfilm in Court Cases Files, 1830–1846; printed form with manuscript additions in handwriting of M. Avise; docket printed with manuscript additions in handwriting of M. Avise; notations printed with manuscript additions in handwriting of James M. Charles.
Ca. 15 May 1843

C. O. Warner, Motion, Carthage, Hancock Co., IL, ca. 15 May 1843–A

  • Ca. 15 May 1843; private possession; microfilm in Court Cases Files, 1830–1846, CHL; handwriting of C. O. Warner; docket in handwriting of C. O. Warner; notation in handwriting of Jacob B. Backenstos.
Ca. 15 May 1843

George Stiles, Motion, Carthage, Hancock Co., IL, ca. 15 May 1843–B

  • Ca. 15 May 1843; private possession; microfilm in Court Cases Files, 1830–1846; handwriting of George Stiles; docket in handwriting of George Stiles; notation in handwriting of Jacob B. Backenstos.
16 May 1843

Docket Entry, Motions Overruled, Carthage, Hancock Co., IL

  • 16 May 1843; Hancock County Circuit Court Record, vol. C, p. 409, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
Ca. 16 May 1843

Docket Entry, Carthage, Hancock Co., IL

  • Ca. 16 May 1843; Hancock County Circuit Court, Judgment Docket, vol. B, p. 23, Hancock County Courthouse, Carthage, IL; images in Hancock County Papers, 1830–1872, CHL; unidentified handwriting.
18 May 1843

C. O. Warner, Agreement,
1

The agreement refers to all three Davis cases appealed to the circuit court: City of Nauvoo v. Davis for Ardent Spirits, City of Nauvoo v. Davis for Assault, and City of Nauvoo v. Davis for Slander of JS–C.


with George Bachman, Hancock Co., IL

  • 18 May 1843; microfilm in Circuit Court case files, 1830–1900, CHL; handwriting of George Bachman; dockets and notation in handwriting of Jacob B. Backenstos.
23 May 1843

David E. Head on behalf of Jacob B. Backenstos, Subpoena, to Hancock Co. Sheriff, for John M. Finch and Others, Carthage, Hancock Co., IL

  • 23 May 1843; private possession; microfilm in Court Cases Files, 1830–1846; printed form with manuscript additions in handwriting of Onias Skinner; signature of David E. Head; docket printed with manuscript additions in handwriting of Onias Skinner; notations printed with manuscript additions in handwriting of Lewis Robison.
23 May 1843

Docket Entry, Carthage, Hancock Co., IL
1

This docket entry was partially inscribed but not completed.


  • 23 May 1843; Hancock County Circuit Court Record, vol. C, p. 468, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
23 May 1843

Docket Entry, Dismissal, Carthage, Hancock Co., IL

  • 23 May 1843; Hancock County Circuit Court Record, vol. C, p. 473, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.

September (3)

19 September 1843

Execution, Carthage, Hancock Co., IL

  • 19 Sept. 1843. Not extant.
    1

    See Docket Entry, Fieri Facias, between 23 May and ca. 18 Dec. 1843 [City of Nauvoo v. Davis for Slander of JS–C].


19 September 1843

Fee Bill, Carthage, Hancock Co., IL

  • 19 Sept. 1843. Not extant.
    1

    See Docket Entry, Fieri Facias, between 23 May and ca. 18 Dec. 1843 [City of Nauvoo v. Davis for Slander of JS–C]. This fee bill was for the plaintiff’s costs. Presumably its creation coincided with the date of fee bills for other City of Nauvoo v. Davis cases.


Ca. September 1843

Docket Entry, Fee Bill, Carthage, Hancock Co., IL

  • Ca. Sept. 1843; Hancock County Circuit Court, Fee Book G, p. 117. Not extant.
    1

    See Docket Entry, Fieri Facias, between 23 May and ca. 18 Dec. 1843 [City of Nauvoo v. Davis for Slander of JS–C]; Docket Entry, Fee Bill, between 22 Mar. and ca. 20 June 1844 [City of Nauvoo v. Davis for Slander of JS–C]; and Docket Entry, ca. 16 May 1843 [City of Nauvoo v. Davis for Slander of JS–C].


October (1)

20 October 1843

Docket Entry, Motion, Carthage, Hancock Co., IL

  • 20 Oct. 1843; Hancock County Circuit Court Record, vol. D, p. 56, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
    1

    The docket entry refers to fee bills (plural). It is unclear which case this is referring to, as the assault (No. 75), slander (No. 76), and ardent spirits (No. 77) cases each had fee bills issued. (See Fee Bill, 19 Sept. 1843 [City of Nauvoo v. Davis for Assault]; Docket Entry, Fee Bill, between 22 Mar. and ca. 20 June 1844 [City of Nauvoo v. Davis for Slander of JS–C]; and Docket Entry, Fieri Facias, between 24 May and ca. 18 Dec. 1843 [City of Nauvoo v. Davis for Ardent Spirits].)


December (1)

Between 23 May and ca. 18 December 1843

Docket Entry, Fieri Facias, Carthage, Hancock Co., IL

  • Between 23 May and ca. 18 Dec. 1843; Hancock County Circuit Court, Execution Docket, vol. B, p. [97]; Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; handwriting probably of David E. Head.

1844 (3)

March (1)

22 March 1844

Fee Bill, Carthage, Hancock Co., IL

  • 22 Mar. 1844. Not extant.
    1

    See Docket Entry, Fee Bill, between 22 Mar. and ca. 20 June 1844 [City of Nauvoo v. Davis for Slander of JS–C]. This fee bill was for the defendant’s costs.


June (1)

Between 22 March and ca. 20 June 1844

Docket Entry, Fee Bill, Carthage, Hancock Co., IL

  • Between 22 Mar. and ca. 20 June 1844; Hancock County Circuit Court, Execution Docket, vol. B, p. [137]; Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; handwriting of David E. Head.

October (1)

22 October 1844

James A. Eastin, Affidavit, before Jacob B. Backenstos, Carthage, Hancock Co., IL
1

The affidavit indicates Eastin attended court as a witness for the case “Nauvoo City Vs. Amos Davis” at the May 1843 term of the Hancock County Circuit Court. Eastin was a witness in three cases heard in May 1843: City of Nauvoo v. Davis for Assault, City of Nauvoo v. Davis for Ardent Spirits, and City of Nauvoo v. Davis for Slander of JS–C. It is unclear which case the affidavit is associated with. (Praecipe, 15 May 1843 [City of Nauvoo v. Davis for Assault]; Praecipe, 23 May 1843 [City of Nauvoo v. Davis for Assault]; Praecipe, 23 May 1843 [City of Nauvoo v. Davis for Ardent Spirits]; Subpoena, 23 May 1843 [City of Nauvoo v. Davis for Slander of JS–C].)


  • 22 Oct. 1844; Hancock County Courthouse, Carthage, IL; microfilm 1,521,363 at FHL; printed form with manuscript additions in handwriting of Jacob B. Backenstos; signature presumably of James A. Eastin; docket and notation in handwriting of Jacob B. Backenstos.
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Related Case Documents
Editorial Title
Introduction to City of Nauvoo v. Davis for Slander of JS–B and City of Nauvoo v. Davis for Slander of JS–C
ID #
15353
Total Pages
1
Print Volume Location
Handwriting on This Page

    Footnotes

    1. [1]

      “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.

    2. [2]

      See Introduction to City of Nauvoo v. Davis for Slander of JS–A; and Nauvoo City Council Minute Book, 13 Nov. 1841, 31.

    3. [3]

      In September 1842 William Clayton recorded a rumor in JS’s journal that the posse attempting to arrest JS for extradition to Missouri had used Davis’s tavern as a base of operations. JS, Journal, 3 Sept. 1842.

    4. [4]

      For the other cases, see City of Nauvoo v. Davis for Ardent Spirits, City of Nauvoo v. Davis for Assault of Walker, and City of Nauvoo v. Davis for Slander of Miles.

    5. [5]

      Complaint, 29 Nov. 1842 [City of Nauvoo v. Davis for Slander of JS–B]; Nauvoo City Council Minute Book, 1 Mar. 1841, 13. This complaint was one of two complaints JS swore out before Wells on 29 November. The other accused Thomas Hunter of violating the city statute concerning religious societies by maligning JS. (See Complaint, 29 Nov. 1842 [City of Nauvoo v. Hunter].)

    6. [6]

      Docket Entry, 30 Nov. 1842 [City of Nauvoo v. Davis for Slander of JS–B]. The Ordinance in relation to Religious Societies allowed for trial before either the mayor’s court or Nauvoo’s municipal court. (Nauvoo City Council Minute Book, 1 Mar. 1841, 13.)

    7. [7]

      Docket Entry, 30 Nov. 1842 [City of Nauvoo v. Davis for Slander of JS–B]. According to a modern law dictionary, a prosecuting witness is “the private person upon whose complaint or information a criminal accusation is founded and whose testimony is mainly relied on to secure a conviction at the trial.” (“Prosecuting Witness,” in Black, Law Dictionary, 958.)

      Black, Henry Campbell. A Law Dictionary Containing Definitions of the Terms and Phrases of American and English Jurisprudence, Ancient and Modern and Including the Principal Terms of International, Constitutional, Ecclesiastical and Commercial Law, and Medical Jurisprudence, with a Collection of Legal Maxims, Numerous Select Titles from the Roman, Modern Civil, Scotch, French, Spanish, and Mexican Law, and Other Foreign Systems, and a Table of Abbreviations. St. Paul, MN: West Publishing, 1910.

    8. [8]

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

    9. [9]

      JS, Journal, 30 Nov. 1842.

    10. [10]

      Complaint, 30 Nov. 1842 [City of Nauvoo v. Davis for Slander of JS–C]. JS’s 29 November 1842 complaint had merely accused Davis of using “ridiculous and abusive language.” (Complaint, 29 Nov. 1842 [City of Nauvoo v. Davis for Slander of JS–B].)

    11. [11]

      Complaint, 30 Nov. 1842, [City of Nauvoo v. Davis for Slander of JS–C]; Nauvoo City Council Minute Book, 13 Nov. 1841, 31.

    12. [12]

      See Docket Entry, between 30 Nov. and ca. 3 Dec 1842 [City of Nauvoo v. Davis for Slander of JS–C]. The disorderly persons ordinance allowed for trial before the mayor’s court or the municipal court. (See Nauvoo City Council Minute Book, 13 Nov. 1841, 31.)

    13. [13]

      Docket Entry, between 30 Nov. and ca. 3 Dec 1842 [City of Nauvoo v. Davis for Slander of JS–C]. Those convicted under the vagrant or disorderly persons ordinance were required to enter a recognizance to keep the peace for a “reasonable time” and could be further subject to forced labor for up to ninety days or a fine of up to five hundred dollars if their recognizance was violated. (Nauvoo City Council Minute Book, 13 Nov. 1841, 31.)

    14. [14]

      See Docket Entry, between 30 Nov. and ca. 3 Dec 1842 [City of Nauvoo v. Davis for Slander of JS–C].

    15. [15]

      See Bond, 9 Dec. 1842 [City of Nauvoo v. Davis for Slander of JS–C]; Supersedeas, 19 Jan. 1843 [City of Nauvoo v. Davis for Slander of JS–C]; Supersedeas, 19 Jan. 1843 [City of Nauvoo v. Davis for Ardent Spirits]; and Supersedeas, 19 Jan. 1843 [City of Nauvoo v. Davis for Assault]. For example, the slander and assault cases used the same praecipe, and some of the documents, such as Davis’s attorney’s motion to dismiss, show signs of being docketed with two different case numbers. (See Praecipe, 9 May 1843; and Motion, ca. 15 May 1843–A [City of Nauvoo v. Davis for Slander of JS–C].)

    16. [16]

      Agreement, 18 May 1843.

    17. [17]

      Only two of Bachman’s motions to dismiss the appeals are extant, but docket records indicate that a third was filed. (See Motion, ca. 15 May 1843–A [City of Nauvoo v. Davis for Slander of JS–C]; Motion, ca. 15 May 1843 [City of Nauvoo v. Davis for Slander of JS–C]; Motion, ca. 15 May 1843–A [City of Nauvoo v. Davis for Ardent Spirits]; Motion, ca. 15 May 1843–B [City of Nauvoo v. Davis for Ardent Spirits]; Motion, ca. 15 May 1843 [City of Nauvoo v. Davis for Assault]; and Docket Entry, Motions, 16 May 1843 [City of Nauvoo v. Davis for Assault].)

    18. [18]

      See Motion, ca. 15 May 1843–A [City of Nauvoo v. Davis for Slander of JS–C]; Motion, ca. 15 May 1843 [City of Nauvoo v. Davis for Slander of JS–C]; and Docket Entry, Motions Overruled, 16 May 1843 [City of Nauvoo v. Davis for Slander of JS–C].

    19. [19]

      Docket Entry, 23 May 1843 [City of Nauvoo v. Davis for Slander of JS–C]; Docket Entry, ca. 16 May 1843 [City of Nauvoo v. Davis for Slander of JS–C].

    20. [20]

      See Nauvoo City Council Minute Book, 13 Nov. 1841, 31; and Act to Incorporate the City of Nauvoo, 16 Dec. 1840. The same day it dismissed Nauvoo’s case against Davis, the Hancock County Circuit Court also dismissed one of JS’s complaints against Thomas Hunter that was tried under similar circumstances. (Hancock Co., IL, Circuit Court Records, 1829–1897, vol. C, pp. 409, 473, microfilm 947,496, U.S. and Canada Record Collection, FHL. )

      U.S. and Canada Record Collection. FHL.

    21. [21]

      Docket Entry, Fieri Facias, between 23 May and ca. 18 Dec. 1843 [City of Nauvoo v. Davis for Slander of JS–C].

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