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Introduction to State of Illinois v. Eagle–A Docket Entry, between 25 October and circa 29 November 1841 [State of Illinois v. Eagle–A] Receipt, 30 November 1841 [State of Illinois v. Eagle–A]

Introduction to State of Illinois v. Eagle–A

Page

State of Illinois v. Eagle–A
Nauvoo, Hancock Co., Illinois, Mayor’s Court, 25 October 1841
 
Historical Introduction
In 1841,
Pulaski Cahoon

18 Sept. 1820–15 Feb. 1892. Liquor merchant, shoe and boot retailer, harness maker. Born in Harpersfield, Ashtabula Co., Ohio. Son of Reynolds Cahoon and Thirza Stiles. Moved near Kirtland, Geauga Co., Ohio, 1825. Baptized into Church of Jesus Christ of Latter...

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erected a building near the
temple

Located in portion of Nauvoo known as the bluff. JS revelation dated Jan. 1841 commanded Saints to build temple and hotel (Nauvoo House). Cornerstone laid, 6 Apr. 1841. Saints volunteered labor, money, and other resources for temple construction. Construction...

More Info
construction site 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, to transact business as both a grocery and a groggery. The business appeared to violate multiple city ordinances, including an ordinance on temperance, and extensive public disapproval of the business led to its closure.
1

Docket Entry, between 25 Oct. and ca. 29 Nov. 1841 [State of Illinois v. Eagle–A]; “The Neusance,” Times and Seasons, 15 Nov. 1841, 3:599–600; Nauvoo City Council Rough Minute Book, 23 Oct. 1841, 26. 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. Cahoon’s father, Reynolds Cahoon, was a prominent Latter-day Saint in Nauvoo and a member of the temple committee. (Nauvoo City Council Minute Book, 15 Feb. 1841, 8.)


Comprehensive Works Cited

Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.

The vacant building attracted graffiti,
2

“The Neusance,” Times and Seasons, 15 Nov. 1841, 3:599.


Comprehensive Works Cited

Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.

so on 23 October 1841, JS presented a resolution on nuisance houses to the Nauvoo City Council. After extensive discussion, the council adopted the resolution, declared the building a nuisance, and ordered the Nauvoo Legion to destroy it the following Monday, 25 October.
3

Nauvoo City Council Rough Minute Book, 23 Oct. 1841, 25–26; “The Neusance,” Times and Seasons, 15 Nov. 1841, 3:599–600; see also Woodruff, Journal, 30 Oct. 1841.


Comprehensive Works Cited

Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.

Woodruff, Wilford. Journals, 1833–1898. Wilford Woodruff, Journals and Papers, 1828–1898. CHL. MS 1352.

During the demolition
John Eagle

19 Jan. 1805–ca. 1854. Grocer, laborer. Born in Alexandria, Huntingdon Co., Pennsylvania. Son of John Eagle and Catharine Spence. Moved to Porter, Huntingdon Co., by 1820. Married Susannah Whitelock, 4 Dec. 1827, in Licking Co., Ohio. Moved to Illinois, by...

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, who had recently obtained an interest in the building and was opposed to its destruction, allegedly assaulted
John Scott

6 May 1811–16 Dec. 1876. Joiner, farmer, military officer. Born in Armagh, Co. Armagh, Ireland. Son of Jacob Scott and Sarah Warnock. Immigrated to York, Upper Canada, ca. May 1819. Moved to Trafalgar, Halton Co., Upper Canada (later in Oakville, Regional...

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of the Nauvoo Legion.
4

Docket Entry, between 25 Oct. and ca. 29 Nov. 1841 [State of Illinois v. Eagle–A]. According to the docket entry for State of Illinois v. Eagle–A, Eagle and Cahoon jointly owned the building. John P. Greene noted that Eagle bought the building after he knew it had been declared a nuisance. (Nauvoo City Council Rough Minute Book, 30 Oct. 1841, 29.)


After the altercation,
Scott

6 May 1811–16 Dec. 1876. Joiner, farmer, military officer. Born in Armagh, Co. Armagh, Ireland. Son of Jacob Scott and Sarah Warnock. Immigrated to York, Upper Canada, ca. May 1819. Moved to Trafalgar, Halton Co., Upper Canada (later in Oakville, Regional...

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filed a complaint with 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 court and a warrant was issued for
Eagle

19 Jan. 1805–ca. 1854. Grocer, laborer. Born in Alexandria, Huntingdon Co., Pennsylvania. Son of John Eagle and Catharine Spence. Moved to Porter, Huntingdon Co., by 1820. Married Susannah Whitelock, 4 Dec. 1827, in Licking Co., Ohio. Moved to Illinois, by...

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’s arrest on charges of
assault and battery

Assault is an attempt or threat to inflict bodily harm upon another person. When an injury is actually inflicted, it is known as battery. Illinois statute defined assault and battery as “the unlawful beating of another” and gave justices of the peace “jurisdiction...

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. Eight people, including JS, were called as witnesses; during the trial, Eagle was fined for contempt of court and six unidentified offenses. A jury of six men found Eagle guilty and fined him a total sixty-five dollars plus eight dollars in court costs.
5

Docket Entry, between 25 Oct. and ca. 29 Nov. 1841 [State of Illinois v. Eagle–A]. The fine was the sum total of thirty dollars for contempt of court and offenses and a thirty-five-dollar fine accompanying the jury’s verdict. Although Bennett neglected to record in his docket the exact date of the trial, it occurred sometime prior to the city council’s 30 October 1841 meeting, where the fine was discussed. (Nauvoo City Council Rough Minute Book, 30 Oct. 1841, 28.)


At a city council meeting held 30 October, city attorney
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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asked that the council remit the fine imposed on
Eagle

19 Jan. 1805–ca. 1854. Grocer, laborer. Born in Alexandria, Huntingdon Co., Pennsylvania. Son of John Eagle and Catharine Spence. Moved to Porter, Huntingdon Co., by 1820. Married Susannah Whitelock, 4 Dec. 1827, in Licking Co., Ohio. Moved to Illinois, by...

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. JS was initially in favor, but after some discussion about the powers of the city council and the fine, JS reversed his position, expressing his support of the fine and the jury verdict.
6

Nauvoo City Council Rough Minute Book, 30 Oct. 1841, 28–30. The Nauvoo City Council had “Jurisdiction and authority over all Fines imposed by the City officers whether in retaining or remitting them.” (Nauvoo City Council Minute Book, 30 Oct. 1841, 26.)


Later in the meeting, a petition by
Cahoon

18 Sept. 1820–15 Feb. 1892. Liquor merchant, shoe and boot retailer, harness maker. Born in Harpersfield, Ashtabula Co., Ohio. Son of Reynolds Cahoon and Thirza Stiles. Moved near Kirtland, Geauga Co., Ohio, 1825. Baptized into Church of Jesus Christ of Latter...

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was presented to the council requesting it pay damages of $125 for the building destroyed at its order. Discussions continued at the council meeting held 1 November, but ultimately council members, including JS, voted not to pay the damages.
7

Nauvoo City Council Rough Minute Book, 30 Oct. and 1 Nov. 1841, 30–34.


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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’s arguments evidently had some impact, however. Though the context is unclear, on 30 November Eagle received a receipt from the city for thirty dollars in damages. Eagle used this voucher to offset the fine he owed, which left him with a forty-three-dollar debt. The debt was handled in a separate civil action the same day.
8

Docket Entry, ca. 30 Nov. 1841, State of Illinois v. Eagle [Nauvoo Mayor’s Ct. 1841], Nauvoo Mayor’s Court Docket Book, 16.


Comprehensive Works Cited

Nauvoo Mayor’s Court Docket Book / Nauvoo, IL, Mayor’s Court. Docket Book, 1843. In Historian’s Office, Historical Record Book, 1843–1874, pp. 12–50. CHL. MS 3434.

Although
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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recorded the criminal and civil suits separately, the proceedings of the two cases were likely held concurrently.
 
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.
 

1841 (6)

October (2)

25 October 1841

John Scott, Complaint, Nauvoo, Hancock Co., IL

  • 25 Oct. 1841. Not extant.
    1

    See Docket Entry, between 25 Oct. and ca. 29 Nov. 1841 [State of Illinois v. Eagle].


25 October 1841

Warrant, for John Eagle, Nauvoo, Hancock Co., IL

  • 25 Oct. 1841. Not extant.
    1

    See Docket Entry, between 25 Oct. and ca. 29 Nov. 1841 [State of Illinois v. Eagle].


November (4)

Between 25 October and ca. 29 November 1841

Docket Entry, Nauvoo, Hancock Co., IL

  • Between 25 Oct. and ca. 29 Nov. 1841; Nauvoo Mayor’s Court Docket Book, 12; handwriting of John C. Bennett; notation in handwriting of John C. Bennett; signature of John Eagle; witnessed by Jacob B. Backenstos.
30 November 1841

John Eagle, Bill of Damages, Nauvoo, Hancock Co., IL

  • 30 Nov. 1841. Not extant.
    1

    See Docket Entry, between 25 Oct. and ca. 29 Nov. 1841 [State of Illinois v. Eagle].


30 November 1841

City of Nauvoo, Receipt, to John Eagle, Nauvoo, Hancock Co., IL

  • 30 Nov. 1841. Not extant.
  • Ca. 30 Nov. 1841; in Docket Entry, Nauvoo Mayor’s Court Docket Book, 12; handwriting of John C. Bennett; signature of John Eagle; witnessed by Jacob B. Backenstos.
Between 1 and 30 November 1841

Execution, Nauvoo, Hancock Co., IL

  • Between 1 and 30 Nov. 1841. Not extant.
    1

    See Docket Entry, between 25 Oct. and ca. 29 Nov. 1841 [State of Illinois v. Eagle].


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Editorial Title
Introduction to State of Illinois v. Eagle–A
ID #
13339
Total Pages
1
Print Volume Location
Handwriting on This Page

    Footnotes

    1. [1]

      Docket Entry, between 25 Oct. and ca. 29 Nov. 1841 [State of Illinois v. Eagle–A]; “The Neusance,” Times and Seasons, 15 Nov. 1841, 3:599–600; Nauvoo City Council Rough Minute Book, 23 Oct. 1841, 26. 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. Cahoon’s father, Reynolds Cahoon, was a prominent Latter-day Saint in Nauvoo and a member of the temple committee. (Nauvoo City Council Minute Book, 15 Feb. 1841, 8.)

      Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.

    2. [2]

      “The Neusance,” Times and Seasons, 15 Nov. 1841, 3:599.

      Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.

    3. [3]

      Nauvoo City Council Rough Minute Book, 23 Oct. 1841, 25–26; “The Neusance,” Times and Seasons, 15 Nov. 1841, 3:599–600; see also Woodruff, Journal, 30 Oct. 1841.

      Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.

      Woodruff, Wilford. Journals, 1833–1898. Wilford Woodruff, Journals and Papers, 1828–1898. CHL. MS 1352.

    4. [4]

      Docket Entry, between 25 Oct. and ca. 29 Nov. 1841 [State of Illinois v. Eagle–A]. According to the docket entry for State of Illinois v. Eagle–A, Eagle and Cahoon jointly owned the building. John P. Greene noted that Eagle bought the building after he knew it had been declared a nuisance. (Nauvoo City Council Rough Minute Book, 30 Oct. 1841, 29.)

    5. [5]

      Docket Entry, between 25 Oct. and ca. 29 Nov. 1841 [State of Illinois v. Eagle–A]. The fine was the sum total of thirty dollars for contempt of court and offenses and a thirty-five-dollar fine accompanying the jury’s verdict. Although Bennett neglected to record in his docket the exact date of the trial, it occurred sometime prior to the city council’s 30 October 1841 meeting, where the fine was discussed. (Nauvoo City Council Rough Minute Book, 30 Oct. 1841, 28.)

    6. [6]

      Nauvoo City Council Rough Minute Book, 30 Oct. 1841, 28–30. The Nauvoo City Council had “Jurisdiction and authority over all Fines imposed by the City officers whether in retaining or remitting them.” (Nauvoo City Council Minute Book, 30 Oct. 1841, 26.)

    7. [7]

      Nauvoo City Council Rough Minute Book, 30 Oct. and 1 Nov. 1841, 30–34.

    8. [8]

      Docket Entry, ca. 30 Nov. 1841, State of Illinois v. Eagle [Nauvoo Mayor’s Ct. 1841], Nauvoo Mayor’s Court Docket Book, 16.

      Nauvoo Mayor’s Court Docket Book / Nauvoo, IL, Mayor’s Court. Docket Book, 1843. In Historian’s Office, Historical Record Book, 1843–1874, pp. 12–50. CHL. MS 3434.

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