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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]

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

Page

State of Illinois v. Goddard, Cahoon, and Riley
Hancock Co., Illinois, Justice of the Peace Court, 4 February 1843
Hancock Co., Illinois, Justice of the Peace Court, 6 February 1843
 
State of Illinois v. Goddard, Cahoon, and Riley on Habeas Corpus
Nauvoo, Hancock Co., Illinois, Municipal Court, 4 February 1843
 
Historical Introduction
On 4 February 1843, JS presided over a
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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hearing 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....

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, Illinois, municipal court for
Stephen Goddard

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,
William 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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, and
William Riley

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. The hearing grew out of an incident on 2 February in which Josiah Simpson interrupted a choir practice in Nauvoo and had a confrontation with Goddard. That night Goddard had Simpson arrested, and the next day Simpson was convicted of assault in a trial before Justice of the Peace
Robert D. Foster

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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.
1

Clayton, Journal, 2–3 Feb. 1843.


Comprehensive Works Cited

Clayton, William. Journals, 1842–1845. CHL.

In retaliation, Simpson filed a complaint before Nauvoo alderman and justice of the peace
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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that accused Goddard, Cahoon, and Riley of “unlawfully assaulting and beating” him.
2

Petition, 4 Feb. 1843 [State of Illinois v. Goddard et al. on Habeas Corpus].


Spencer issued a warrant on 3 February, and the following morning Constable
James Flack

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arrested the three men.
3

Warrant, 3 Feb. 1843, James Flack Copy [State of Illinois v. Goddard et al.]; Petition, 4 Feb. 1843 [State of Illinois v. Goddard et al. on Habeas Corpus].


After their arrest,
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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—who had been present at the altercation—brought
Goddard

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and
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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to visit JS, who advised the accused men to obtain a writ of habeas corpus from the city’s municipal court.
4

Clayton, Journal, 4 Feb. 1843; for more on habeas corpus, see “The Nauvoo Municipal Court and the Writ of Habeas Corpus.”


Comprehensive Works Cited

Clayton, William. Journals, 1842–1845. CHL.

That same morning, following JS’s advice, Clayton prepared a petition for a writ of habeas corpus for the three men, and
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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, the municipal court clerk, issued the writ commanding
Flack

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to present the prisoners.
5

Petition, 4 Feb. 1843 [State of Illinois v. Goddard et al. on Habeas Corpus]; Habeas Corpus, 4 Feb. 1843 [State of Illinois v. Goddard et al. on Habeas Corpus].


In preparation for the hearing, he also issued 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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to summon the municipal court justices and subpoenas for witnesses.
6

Habeas Corpus, 4 Feb. 1843 [State of Illinois v. Goddard et al. on Habeas Corpus]; Attachment, 4 Feb. 1843 [State of Illinois v. Goddard et al. on Habeas Corpus]; Subpoena, 4 Feb. 1843–A [State of Illinois v. Goddard et al. on Habeas Corpus]; Subpoena, 4 Feb. 1843–B [State of Illinois v. Goddard et al. on Habeas Corpus].


The court assembled that evening with JS presiding.
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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, who in his role as justice of the peace had issued the warrant for
Goddard

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,
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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, and
Riley

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, sat as an associate justice in the municipal court. Although the prosecuting and defense attorneys indicated their desire to adhere strictly to procedural issues surrounding the case, Goddard, Cahoon, and Riley indicated through their attorney that they “wished for an investigation” into the charge itself. The court heard testimony from ten witnesses.
7

Docket Entry, ca. 4 Feb. 1843 [State of Illinois v. Goddard et al. on Habeas Corpus].


Simpson’s brother reportedly testified that Riley had “struck” Simpson—a claim that
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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, who had witnessed the conflict, dismissed as “utterly false.”
8

Clayton, Journal, 4 Feb. 1843; Docket Entry, ca. 4 Feb. 1843 [State of Illinois v. Goddard et al. on Habeas Corpus].


Comprehensive Works Cited

Clayton, William. Journals, 1842–1845. CHL.

In contrast, Clayton testified that the defendants had merely defended themselves from Simpson’s attacks.
9

Affidavit, 4 Feb. 1843–B [State of Illinois v. Goddard et al. on Habeas Corpus].


At the conclusion of the testimony, the court—going beyond what was understood at common law to be permissible in habeas corpus cases
10

In habeas corpus proceedings, courts had the authority to remand prisoners, set their bail, or discharge them from custody but not to determine guilt or innocence. (Tucker, Blackstone’s Commentaries, 1:291–292; Kent, Commentaries on American Law, 2:25; “The Nauvoo Municipal Court and the Writ of Habeas Corpus.”)


Comprehensive Works Cited

Tucker, St. George. Blackstone's Commentaries: With Notes of Reference, to the Constitution and Laws, of the Federal Government of the United States; and of the Commonwealth of Virginia. 5 vols. Philadelphia: William Young Birch and Abraham Small, 1803.

Kent, James. Commentaries on American Law. Vol. 2. New York: O. Halsted, 1827.

—“acquitted” Cahoon and heard his testimony on behalf of the remaining defendants.
11

Docket Entry, ca. 4 Feb. 1843 [State of Illinois v. Goddard et al. on Habeas Corpus].


Ultimately, the court remanded Goddard and Riley to custody to await trial and then ordered Goddard, Riley, and Simpson to pay the costs of the hearing.
12

Docket Entry, ca. 4 Feb. 1843 [State of Illinois v. Goddard et al. on Habeas Corpus]. A trial for Goddard and Riley was apparently held on 6 February, presumably before Spencer. According to Clayton, a jury found Goddard and Riley guilty and fined them three dollars each. Clayton, who had openly defended the two men, decried this as “an unjust sentence, brought to pass by a partial jury.” (Clayton, Journal, 6 Feb. 1843.)


Comprehensive Works Cited

Clayton, William. Journals, 1842–1845. CHL.

While Goddard and Riley paid at least a portion of their costs, Simpson did not, and an
execution

“The act of carrying into effect the final judgment of a court, or other jurisdiction. The writ which authorises the officer so to carry into effect such judgment is also called an execution. . . . Executions are either to recover specific things, or money...

View Glossary
issued in April 1843 was unsuccessful in obtaining any property.
13

Docket Entry, ca. 4 Feb 1843 [State of Illinois v. Goddard et al. on Habeas Corpus]; Execution, 26 Apr. 1843 [State of Illinois v. Goddard et al. on Habeas Corpus].


 
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.
 
State of Illinois v. Goddard et al., Hancock Co., Illinois, Justice of the Peace Court

1843 (1)

February (1)

3 February 1843

Orson Spencer, Warrant, to any Hancock Co. Constable, for Stephen Goddard and Others, Nauvoo, Hancock Co., IL

  • 3 Feb. 1843. Not extant.
    1

    The original warrant served by Constable James Flack and presumably returned to Spencer is not extant.


  • Ca. 4 Feb. 1843; Nauvoo, IL, Records, CHL: handwriting of James Flack; docket in handwriting of James Sloan.
    2

    Constable James Flack presumably made this copy of the warrant to aid in his arrest of the defendants. (Docket Entry, ca. 4 Feb. 1843 [State of Illinois v. Goddard et al. on Habeas Corpus].)


  • Ca. 4 Feb. 1843; Nauvoo, IL, Records, CHL; handwriting of William Clayton; notation and docket in handwriting of James Sloan.
    3

    Clayton presumably made this copy as he assisted the defendants in preparing their petition for habeas corpus. Sloan’s notation indicated that this copy was submitted with the 4 February 1843 petition. (Clayton, Journal, 4 Feb. 1843.)


    Comprehensive Works Cited

    Clayton, William. Journals, 1842–1845. CHL.

  • Ca. 4 Feb. 1843; in Stephen Goddard and Others, Petition for Writ of Habeas Corpus, 4 Feb. 1843, Nauvoo, IL, Records, CHL; handwriting of William Clayton.
    4

    Clayton copied the warrant into the 4 February 1843 petition for habeas corpus. (Clayton, Journal, 4 Feb. 1843.)


    Comprehensive Works Cited

    Clayton, William. Journals, 1842–1845. CHL.

 
State of Illinois v. Goddard et al. on Habeas Corpus, Nauvoo, Hancock Co., Illinois, Municipal Court

1843 (10)

February (9)

4 February 1843

Stephen Goddard and Others, Petition, to the Judges of the Nauvoo Municipal Court, Nauvoo, Hancock Co., IL

  • 4 Feb. 1843; Nauvoo, IL, Records, CHL; handwriting of William Clayton; signatures of Stephen Goddard, William Cahoon, and William Riley; notation and docket in handwriting of James Sloan.
4 February 1843

James Sloan, Habeas Corpus, to Nauvoo City Marshal, Nauvoo, Hancock Co., IL

  • 4 Feb. 1843; Nauvoo, IL, Records, CHL; manuscript form with manuscript additions in handwriting of James Sloan; docket in handwriting of James Sloan; notation in handwriting of Henry G. Sherwood.
4 February 1843

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

  • 4 Feb. 1843; Nauvoo, IL, Records, CHL; handwriting of James Sloan; docket in handwriting of James Sloan; notation in handwriting of Henry G. Sherwood.
4 February 1843

James Sloan, Subpoena, to Nauvoo City Marshal, for John Lambert and Others, Nauvoo, Hancock Co., IL, 4 Feb. 1843–A

  • 4 Feb. 1843; Nauvoo, IL, Records, CHL; manuscript form in handwriting of James Sloan with manuscript additions in handwriting of William Clayton, John D. Parker, and unidentified scribe; notation in handwriting of John D. Parker.
4 February 1843

James Sloan, Subpoena, to Nauvoo City Marshal, for Samuel White and Others, Nauvoo, Hancock Co., IL, 4 Feb. 1843–B

  • 4 Feb. 1843; Nauvoo, IL, Records, CHL; handwriting of James Sloan; docket in handwriting of James Sloan; notation in handwriting of Henry G. Sherwood.
4 February 1843

Stephen Goddard and Others, Affidavit, before James Sloan, Nauvoo, Hancock Co., IL, 4 Feb. 1843–A

  • 4 Feb. 1843; Nauvoo, IL, Records, CHL; handwriting of Onias Skinner; signatures of Stephen Goddard, William Cahoon, and William Riley; certification in handwriting of James Sloan; docket in handwriting of James Sloan.
4 February 1843

William Clayton, Affidavit, before James Sloan, Nauvoo, Hancock Co., IL, 4 Feb. 1843–B

  • 4 Feb. 1843; Nauvoo, IL, Records, CHL; handwriting of William Clayton; certification in handwriting of James Sloan; docket in handwriting of James Sloan.
4 February 1843

Costs, Nauvoo, Hancock Co., IL

  • 4 Feb. 1843; Nauvoo, IL, Records, CHL; handwriting of James Sloan; docket in handwriting of James Sloan.
Ca. 4 February 1843

Docket Entry, Nauvoo, Hancock Co., IL

  • Ca. 4 Feb. 1843; Nauvoo Municipal Court Docket Book, 17–19; handwriting of James Sloan; notations in handwriting of James Sloan.

April (1)

26 April 1843

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

  • 26 Apr. 1843; Nauvoo, IL, Records, CHL; handwriting of James Sloan; docket in handwriting of James Sloan; notations in handwriting of John D. Parker.
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Related Case Documents
Editorial Title
Introduction to State of Illinois v. Goddard et al. and State of Illinois v. Goddard et al. on Habeas Corpus
ID #
18270
Total Pages
1
Print Volume Location
Handwriting on This Page

    Footnotes

    1. [1]

      Clayton, Journal, 2–3 Feb. 1843.

      Clayton, William. Journals, 1842–1845. CHL.

    2. [2]

      Petition, 4 Feb. 1843 [State of Illinois v. Goddard et al. on Habeas Corpus].

    3. [3]

      Warrant, 3 Feb. 1843, James Flack Copy [State of Illinois v. Goddard et al.]; Petition, 4 Feb. 1843 [State of Illinois v. Goddard et al. on Habeas Corpus].

    4. [4]

      Clayton, Journal, 4 Feb. 1843; for more on habeas corpus, see “The Nauvoo Municipal Court and the Writ of Habeas Corpus.”

      Clayton, William. Journals, 1842–1845. CHL.

    5. [5]

      Petition, 4 Feb. 1843 [State of Illinois v. Goddard et al. on Habeas Corpus]; Habeas Corpus, 4 Feb. 1843 [State of Illinois v. Goddard et al. on Habeas Corpus].

    6. [6]

      Habeas Corpus, 4 Feb. 1843 [State of Illinois v. Goddard et al. on Habeas Corpus]; Attachment, 4 Feb. 1843 [State of Illinois v. Goddard et al. on Habeas Corpus]; Subpoena, 4 Feb. 1843–A [State of Illinois v. Goddard et al. on Habeas Corpus]; Subpoena, 4 Feb. 1843–B [State of Illinois v. Goddard et al. on Habeas Corpus].

    7. [7]

      Docket Entry, ca. 4 Feb. 1843 [State of Illinois v. Goddard et al. on Habeas Corpus].

    8. [8]

      Clayton, Journal, 4 Feb. 1843; Docket Entry, ca. 4 Feb. 1843 [State of Illinois v. Goddard et al. on Habeas Corpus].

      Clayton, William. Journals, 1842–1845. CHL.

    9. [9]

      Affidavit, 4 Feb. 1843–B [State of Illinois v. Goddard et al. on Habeas Corpus].

    10. [10]

      In habeas corpus proceedings, courts had the authority to remand prisoners, set their bail, or discharge them from custody but not to determine guilt or innocence. (Tucker, Blackstone’s Commentaries, 1:291–292; Kent, Commentaries on American Law, 2:25; “The Nauvoo Municipal Court and the Writ of Habeas Corpus.”)

      Tucker, St. George. Blackstone's Commentaries: With Notes of Reference, to the Constitution and Laws, of the Federal Government of the United States; and of the Commonwealth of Virginia. 5 vols. Philadelphia: William Young Birch and Abraham Small, 1803.

      Kent, James. Commentaries on American Law. Vol. 2. New York: O. Halsted, 1827.

    11. [11]

      Docket Entry, ca. 4 Feb. 1843 [State of Illinois v. Goddard et al. on Habeas Corpus].

    12. [12]

      Docket Entry, ca. 4 Feb. 1843 [State of Illinois v. Goddard et al. on Habeas Corpus]. A trial for Goddard and Riley was apparently held on 6 February, presumably before Spencer. According to Clayton, a jury found Goddard and Riley guilty and fined them three dollars each. Clayton, who had openly defended the two men, decried this as “an unjust sentence, brought to pass by a partial jury.” (Clayton, Journal, 6 Feb. 1843.)

      Clayton, William. Journals, 1842–1845. CHL.

    13. [13]

      Docket Entry, ca. 4 Feb 1843 [State of Illinois v. Goddard et al. on Habeas Corpus]; Execution, 26 Apr. 1843 [State of Illinois v. Goddard et al. on Habeas Corpus].

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