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Introduction to City of Nauvoo v. McGraw and White Summons, 30 July 1842 [City of Nauvoo v. McGraw and White] Subpoena, 30 July 1842 [City of Nauvoo v. McGraw and White] Execution, 2 August 1842 [City of Nauvoo v. McGraw and White] Docket Entry, between 30 July and circa 2 August 1842 [City of Nauvoo v. McGraw and White]

Introduction to City of Nauvoo v. McGraw and White

Page

City of Nauvoo v. McGraw and White
Nauvoo, Hancock Co., Illinois, Mayor’s Court, 2 August 1842
 
Historical Introduction
In late July 1842,
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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filed a complaint against William McGraw and James White for violating the temperance ordinance 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....

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, Illinois, by selling “spirituous liquors.”
1

Nauvoo law prohibited selling liquor in small quantities. “An Ordinance in relation to Temperance,” passed by the city council on 15 February 1841, specified that, unless otherwise permitted by a physician, whiskey must be sold at least by the gallon, and other spirits by a quart or more. (Nauvoo City Council Minute Book, 15 Feb. 1841, 8.)


It was the second time McGraw had been charged with illegally selling alcohol in Nauvoo.
2

See Introduction to City of Nauvoo v. H. Rhodes, City of Nauvoo v. Walker, and City of Nauvoo v. McGraw.


Because Markham’s complaint is not extant, the circumstances surrounding the alleged crime are unknown. The trial was set for 2 August, and subpoenas were issued for seven witnesses.
3

The witnesses included John Eagle, Carlos Granger, Chauncey L. Higbee, John Hoskinson, Noah Packard, Jerome Remington, and Horace Whitney. (See Docket Entry, 2 Aug. 1842 [City of Nauvoo v. McGraw and White].)


In contrast to McGraw’s first trial, held on 5 July 1842, neither McGraw nor White appeared before the court on 2 August. JS found the two men guilty in absentia and fined them twenty-five dollars, the same fine McGraw received on 5 July.
4

McGraw had appealed the 5 July decision to the Nauvoo Municipal Court, which heard his case on 2 August. He was absent for that trial as well. (See Docket Entry, ca. 5 July 1842 [City of Nauvoo v. McGraw].)


When constable
Dimick B. Huntington

26 May 1808–1 Feb. 1879. Farmer, blacksmith, shoemaker, constable, coroner, deputy sheriff, Indian interpreter. Born at Watertown, Jefferson Co., New York. Son of William Huntington and Zina Baker. Married Fannie Maria Allen, 28 Apr. 1830. Baptized into Church...

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attempted to collect the fine against McGraw and White, he found no property belonging to either man in Nauvoo.
5

See Docket Entry, 2 Aug. 1842 [City of Nauvoo v. McGraw and White].


This and other records suggest that McGraw and White were neither Latter-day Saints nor residents of Nauvoo.
6

The names of neither man appear in church records or Nauvoo or Hancock County land records. Census records and newspaper notices identify individuals named “William McGraw” and “James White” in Sangamon County, Schuyler County, and Logan County. (1830 U.S. Census, Sangamon Co., IL, 330; 1840 U.S. Census, Precinct 3, Schuyler Co., IL, 101; 1850 U.S. Census, Rushville, Schuyler Co., IL, 308; “List of Letters,” Sangamo (IL) Journal, 5 Apr. 1832, [3]; “Petition to Sell Real Estate,” and “Estate of Wm. McGraw, Deceased,” Illinois Journal [Springfield], 26 Sept. 1849, [1].)


Comprehensive Works Cited

Census (U.S.) / U.S. Bureau of the Census. Population Schedules. Microfilm. FHL.

Sangamo Journal. Springfield, IL. 1831–1847.

Illinois Journal. Springfield, IL. 1847–1850.

After the 2 August 1842 trial, no further complaints were issued against the men, and neither was brought before the Nauvoo courts again.
 
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 (5)

July (3)

Ca. 29 July 1842

Stephen Markham, Complaint, Nauvoo, Hancock Co., IL

  • Ca. 29 July 1842. Not extant.
    1

    See Docket Entry, ca. 2 Aug. 1842 [City of Nauvoo v. McGraw and White].


30 July 1842

JS as Mayor and Justice of the Peace, Summons, to Nauvoo City Marshal, for William McGraw and James White, Nauvoo, Hancock Co., IL
1

This document was mistakenly created in the form of a summons; because it was a criminal case and McGraw and White were the defendants, the document functioned as a warrant.


  • 30 July 1842; Nauvoo, IL, Records, CHL; handwriting of James Sloan; signature of JS; docket in handwriting of James Sloan; notation in handwriting of Dimick B. Huntington.
30 July 1842

JS as Mayor and Justice of the Peace, Subpoena, to Nauvoo City Marshal, for Jerome Remmington and Others, Nauvoo, Hancock Co., IL

  • 30 July 1842; Nauvoo, IL, Records, CHL; handwriting of James Sloan; signature of JS; notation in handwriting of Dimick B. Huntington.

August (2)

2 August 1842

JS as Mayor and Justice of the Peace, Execution, to Nauvoo City Marshal, Nauvoo, Hancock Co., IL

  • 2 Aug. 1842; Nauvoo, IL, Records, CHL; handwriting of James Sloan; signature of JS; docket in handwriting of James Sloan; endorsement in handwriting of Henry G. Sherwood; notation in handwriting of Dimick B. Huntington.
Between 30 July and ca. 2 August 1842

Docket Entry, Nauvoo, Hancock Co., IL

  • Between 30 July and ca. 2 Aug. 1842; Nauvoo Mayor’s Court Docket Book, 34; handwriting of James Sloan; notation in handwriting of James Sloan.
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Related Case Documents
Editorial Title
Introduction to City of Nauvoo v. McGraw and White
ID #
13890
Total Pages
1
Print Volume Location
Handwriting on This Page

    Footnotes

    1. [1]

      Nauvoo law prohibited selling liquor in small quantities. “An Ordinance in relation to Temperance,” passed by the city council on 15 February 1841, specified that, unless otherwise permitted by a physician, whiskey must be sold at least by the gallon, and other spirits by a quart or more. (Nauvoo City Council Minute Book, 15 Feb. 1841, 8.)

    2. [2]

      See Introduction to City of Nauvoo v. H. Rhodes, City of Nauvoo v. Walker, and City of Nauvoo v. McGraw.

    3. [3]

      The witnesses included John Eagle, Carlos Granger, Chauncey L. Higbee, John Hoskinson, Noah Packard, Jerome Remington, and Horace Whitney. (See Docket Entry, 2 Aug. 1842 [City of Nauvoo v. McGraw and White].)

    4. [4]

      McGraw had appealed the 5 July decision to the Nauvoo Municipal Court, which heard his case on 2 August. He was absent for that trial as well. (See Docket Entry, ca. 5 July 1842 [City of Nauvoo v. McGraw].)

    5. [5]

      See Docket Entry, 2 Aug. 1842 [City of Nauvoo v. McGraw and White].

    6. [6]

      The names of neither man appear in church records or Nauvoo or Hancock County land records. Census records and newspaper notices identify individuals named “William McGraw” and “James White” in Sangamon County, Schuyler County, and Logan County. (1830 U.S. Census, Sangamon Co., IL, 330; 1840 U.S. Census, Precinct 3, Schuyler Co., IL, 101; 1850 U.S. Census, Rushville, Schuyler Co., IL, 308; “List of Letters,” Sangamo (IL) Journal, 5 Apr. 1832, [3]; “Petition to Sell Real Estate,” and “Estate of Wm. McGraw, Deceased,” Illinois Journal [Springfield], 26 Sept. 1849, [1].)

      Census (U.S.) / U.S. Bureau of the Census. Population Schedules. Microfilm. FHL.

      Sangamo Journal. Springfield, IL. 1831–1847.

      Illinois Journal. Springfield, IL. 1847–1850.

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