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Introduction to State of Illinois v. Owsley et al. Docket Entry, 10–11 July 1840 [State of Illinois v. Owsley et al.]

Introduction to State of Illinois v. Owsley et al.

Page

State of Illinois v. Owsley, Howard, and Strother
Hancock Co., Illinois, Justice of the Peace Court, 11 July 1840
 
Historical Introduction
On 11 July 1840, JS appeared as a witness before
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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, a
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
, Illinois, justice of the peace, in legal proceedings against John H. Owsley, who was accused of
kidnapping

“The forcible and unlawful abduction and conveying away of a man, woman, or child, from his or her home, without his or her will or consent.”

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four Latter-day Saints and forcibly taking them across the
Mississippi River

Principal U.S. river running southward from Itasca Lake, Minnesota, to Gulf of Mexico. Covered 3,160-mile course, 1839 (now about 2,350 miles). Drains about 1,100,000 square miles. Steamboat travel on Mississippi very important in 1830s and 1840s for shipping...

More Info
into
Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...

More Info
. Three days earlier, vigilantes from Tully, Missouri—a Mississippi River town approximately thirty miles southwest 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
, Illinois—abducted Latter-day Saints
Alanson Brown

1795–1844. Farmer. Married Cynthia Dorcus Hurd, ca. 1816. Moved to Steuben Co., New York, by 1823. Moved to Choconut, Susquehanna Co., Pennsylvania, by Feb. 1828. Baptized into Church of Jesus Christ of Latter-day Saints, by June 1838. Moved to Missouri, ...

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,
Benjamin Boyce

View Full Bio

,
James Allred

22 Jan. 1784–10 Jan. 1876. Farmer. Born in Randolph Co., North Carolina. Son of William Allred and Elizabeth Thrasher. Married Elizabeth Warren. Moved to Missouri, before Sept. 1832. Baptized into Church of Jesus Christ of Latter-day Saints by George M. Hinkle...

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, and
Noah Rogers

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. After carrying their captives into Missouri, the vigilantes beat them and coerced them into confessing that they had stolen about $2,000 in property from Tully residents.
1

Letter, H. M. Woodyard and Others to Lilburn W. Boggs, 24 July 1840; Alanson Brown, Affidavit, Hancock, Co., IL, 13 July 1840; James Allred, Affidavit, Hancock, Co., IL, 16 July 1843, in Times and Seasons, July 1840, 1:141–142; Boyce, History, ca. 1845, CHL. Theft became an issue among Latter-day Saints during the 1838 conflict between church members and their antagonists in Missouri. The problem persisted after the Saints relocated to Illinois, with some church members reportedly believing that stealing from Missourians was permissible. In November 1841, five church members, including Alanson Brown, were excommunicated for stealing. (Historical Introduction to Affidavit, 29 Nov. 1841.)


Comprehensive Works Cited

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

Boyce, Benjamin. History, ca. 1845. CHL. MS 21306.

Meanwhile, three Tully citizens—Owsley, James Howard, and John M. Strother—went 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....

More Info
intending to locate some of the property that they believed had been stolen from them. While there, the three men met with JS and other Nauvoo residents and evidently referenced statements made by the kidnapped church members to support the claim that the stolen property was in the city.
2

Letter, H. M. Woodyard and Others to Lilburn W. Boggs, 24 July 1840.


Seymour Brunson

1 Dec. 1798–10 Aug. 1840. Farmer. Born at Plattsburg, Clinton Co., New York. Son of Reuben Brunson and Sally Clark. Served in War of 1812. Married Harriet Gould of Hector, Tompkins Co., New York, ca. 1823. Baptized into Church of Jesus Christ of Latter-day...

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, having heard the comments by the Missourians, filed a complaint before
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 ...

View Full Bio
, asserting that “certain citizens” 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...

More Info
had been “unlawfully illegally and forcibly taken from this state into another &c.” Wells issued a warrant, on which
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
constable Lewis Robison arrested Owsley. Robison also detained Howard and Strother, who, although evidently not named in the warrant, were apprehended “on suspicion of being engaged in the same affair.”
3

Docket Entry, 10–11 July 1840 [State of Illinois v. Owsley et al.]. Illinois law defined kidnapping as forcibly taking or arresting anyone and carrying them “into another country, state, or territory . . . without having established a claim according to the laws of the United States.” The crime was punishable with one to seven years in the penitentiary “for each person kidnapped, or attempted to be kidnapped.” Under common law, in cases involving felony, “the supposed offender may be apprehended without warrant, if such a crime has been actually committed, and there is reasonable ground to suspect him to be guilty.” A peace officer, acting without a warrant, “would be justified, if he acted on the information of another.” (An Act relative to Criminal Jurisprudence [26 Feb. 1833], Public and General Statute Laws of the State of Illinois [1839], p. 207, sec. 56; Chitty, Practical Treatise on the Criminal Law, p. 15.)


Comprehensive Works Cited

The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

On 11 July 1840, the defendants appeared before
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 ...

View Full Bio
for a preliminary examination to determine if there was sufficient evidence to send the case to 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.
Sidney Little

25 July 1807–July 1841. Lawyer, politician. Married Sarah P. Fisk, 7 Aug. 1831, in Hilham, Overton Co., Tennessee. Moved to Carthage, Hancock Co., Illinois, ca. 1834 or 1835. Elected to Illinois Senate, 1838. Introduced “Act to Incorporate the City of Nauvoo...

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, an attorney from
Carthage

Located eighteen miles southeast of Nauvoo. Settled 1831. Designated Hancock Co. seat, Mar. 1833. Incorporated as town, 27 Feb. 1837. Population in 1839 about 300. Population in 1844 about 400. Site of acute opposition to Latter-day Saints, early 1840s. Site...

More Info
, Illinois, served as prosecutor.
4

Letter, Sidney H. Little to D. N. White, 7 Aug. 1840.


Several witnesses, including JS, provided testimony.
5

Docket Entry, 10–11 July 1840 [State of Illinois v. Owsley et al.].


JS evidently testified that the three defendants had confessed to him their involvement in the abductions.
6

Letter, H. M. Woodyard and Others to Lilburn W. Boggs, 24 July 1840.


Despite this testimony, Wells discharged Howard and Strother.
7

Docket Entry, 10–11 July 1840 [State of Illinois v. Owsley et al.].


According to Little, the justice believed there was insufficient evidence to hold them, and he permitted them to testify on behalf of Owsley.
8

Letter, Sidney H. Little to D. N. White, 7 Aug. 1840.


After hearing their testimonies, Wells also discharged Owsley, possibly for lack of evidence.
9

Docket Entry, 10–11 July 1840 [State of Illinois v. Owsley et al.].


Owsley and Howard later claimed that they “were providentially enabled to prove where they were at the time those Mormons should have been abducted.”
10

Docket Entry, 10–11 July 1840 [State of Illinois v. Owsley et al.]; Letter, H. M. Woodyard and Others to Lilburn W. Boggs, 24 July 1840; underlining in original. According to Benjamin Boyce, one of the abductees, the kidnapping occurred while he was visiting Adams County, suggesting that Wells may have discharged the defendants because the alleged crime occurred outside his jurisdiction. (Boyce, History, ca. 1845, CHL.)


Comprehensive Works Cited

Boyce, Benjamin. History, ca. 1845. CHL. MS 21306.

News of the kidnappings created an uproar in
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...

More Info
. Two of the captives,
Brown

1795–1844. Farmer. Married Cynthia Dorcus Hurd, ca. 1816. Moved to Steuben Co., New York, by 1823. Moved to Choconut, Susquehanna Co., Pennsylvania, by Feb. 1828. Baptized into Church of Jesus Christ of Latter-day Saints, by June 1838. Moved to Missouri, ...

View Full Bio
and
Allred

22 Jan. 1784–10 Jan. 1876. Farmer. Born in Randolph Co., North Carolina. Son of William Allred and Elizabeth Thrasher. Married Elizabeth Warren. Moved to Missouri, before Sept. 1832. Baptized into Church of Jesus Christ of Latter-day Saints by George M. Hinkle...

View Full Bio
, escaped or were permitted to return 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....

More Info
and swore affidavits before
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 ...

View Full Bio
during the next week, recounting their experience.
11

Alanson Brown, Affidavit, Hancock, Co., IL, 13 July 1840; James Allred, Affidavit, Hancock, Co., IL, 16 July 1843, in Times and Seasons, July 1840, 1:141–142.


Comprehensive Works Cited

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

Church members in Nauvoo petitioned Illinois governor
Thomas Carlin

18 July 1789–14 Feb. 1852. Ferry owner, farmer, sheriff, politician. Born in Fayette Co., Kentucky. Son of Thomas Carlin and Elizabeth Evans. Baptist. Moved to what became Missouri, by 1803. Moved to Illinois Territory, by 1812. Served in War of 1812. Married...

View Full Bio
to demand that
Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...

More Info
officials apprehend and extradite the accused kidnappers to stand trial in Illinois.
12

Minutes, Hancock, Co., IL, 13 July 1840, in Times and Seasons, July 1840, 1:142–143. The two other abductees, Boyce and Rogers, were imprisoned in Marion County, Missouri, until they were released on 21 August 1840. (Letter, Chauncey Durkee to Lilburn W. Boggs, 22 July 1840; Boyce, History, ca. 1845, CHL.)


Comprehensive Works Cited

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

Boyce, Benjamin. History, ca. 1845. CHL. MS 21306.

Carlin agreed to do so, sending an agent to meet with Missouri governor
Lilburn W. Boggs

14 Dec. 1796–14 Mar. 1860. Bookkeeper, bank cashier, merchant, Indian agent and trader, lawyer, doctor, postmaster, politician. Born at Lexington, Fayette Co., Kentucky. Son of John M. Boggs and Martha Oliver. Served in War of 1812. Moved to St. Louis, ca...

View Full Bio
in August 1840. Boggs evidently agreed to honor Carlin’s requisition on the condition that the Illinois governor would in turn apprehend and extradite JS and five other Latter-day Saints—including Brown—to answer charges from the 1838 conflict between church members and their antagonists in Missouri, resulting in Extradition of JS et al. for Treason and Other Crimes.
 
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.
 

1840 (3)

July (3)

10 July 1840

Seymour Brunson, Complaint, Nauvoo, Hancock Co. IL

  • 10 July 1840. Not extant.
    1

    See Docket Entry, 10–11 July 1840 [State of Illinois v. Owsley et al.]; see also Letter, Sidney H. Little to D. N. White, 7 Aug. 1840.


10 July 1840

Daniel H. Wells, Warrant, to Lewis Robison, for John Owsley, Nauvoo, Hancock Co., IL

  • 10 July 1840. Not extant.
    1

    See Docket Entry, 10–11 July 1840 [State of Illinois v. Owsley et al.].


10–11 July 1840

Docket Entry, Nauvoo, Hancock Co., IL

  • 10–11 July 1840; Daniel H. Wells, Docket Book, 40, CHL; handwriting of Daniel H. Wells.
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Related Case Documents
Editorial Title
Introduction to State of Illinois v. Owsley et al.
ID #
18985
Total Pages
1
Print Volume Location
Handwriting on This Page

    Footnotes

    1. [1]

      Letter, H. M. Woodyard and Others to Lilburn W. Boggs, 24 July 1840; Alanson Brown, Affidavit, Hancock, Co., IL, 13 July 1840; James Allred, Affidavit, Hancock, Co., IL, 16 July 1843, in Times and Seasons, July 1840, 1:141–142; Boyce, History, ca. 1845, CHL. Theft became an issue among Latter-day Saints during the 1838 conflict between church members and their antagonists in Missouri. The problem persisted after the Saints relocated to Illinois, with some church members reportedly believing that stealing from Missourians was permissible. In November 1841, five church members, including Alanson Brown, were excommunicated for stealing. (Historical Introduction to Affidavit, 29 Nov. 1841.)

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

      Boyce, Benjamin. History, ca. 1845. CHL. MS 21306.

    2. [2]

      Letter, H. M. Woodyard and Others to Lilburn W. Boggs, 24 July 1840.

    3. [3]

      Docket Entry, 10–11 July 1840 [State of Illinois v. Owsley et al.]. Illinois law defined kidnapping as forcibly taking or arresting anyone and carrying them “into another country, state, or territory . . . without having established a claim according to the laws of the United States.” The crime was punishable with one to seven years in the penitentiary “for each person kidnapped, or attempted to be kidnapped.” Under common law, in cases involving felony, “the supposed offender may be apprehended without warrant, if such a crime has been actually committed, and there is reasonable ground to suspect him to be guilty.” A peace officer, acting without a warrant, “would be justified, if he acted on the information of another.” (An Act relative to Criminal Jurisprudence [26 Feb. 1833], Public and General Statute Laws of the State of Illinois [1839], p. 207, sec. 56; Chitty, Practical Treatise on the Criminal Law, p. 15.)

      The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

    4. [4]

      Letter, Sidney H. Little to D. N. White, 7 Aug. 1840.

    5. [5]

      Docket Entry, 10–11 July 1840 [State of Illinois v. Owsley et al.].

    6. [6]

      Letter, H. M. Woodyard and Others to Lilburn W. Boggs, 24 July 1840.

    7. [7]

      Docket Entry, 10–11 July 1840 [State of Illinois v. Owsley et al.].

    8. [8]

      Letter, Sidney H. Little to D. N. White, 7 Aug. 1840.

    9. [9]

      Docket Entry, 10–11 July 1840 [State of Illinois v. Owsley et al.].

    10. [10]

      Docket Entry, 10–11 July 1840 [State of Illinois v. Owsley et al.]; Letter, H. M. Woodyard and Others to Lilburn W. Boggs, 24 July 1840; underlining in original. According to Benjamin Boyce, one of the abductees, the kidnapping occurred while he was visiting Adams County, suggesting that Wells may have discharged the defendants because the alleged crime occurred outside his jurisdiction. (Boyce, History, ca. 1845, CHL.)

      Boyce, Benjamin. History, ca. 1845. CHL. MS 21306.

    11. [11]

      Alanson Brown, Affidavit, Hancock, Co., IL, 13 July 1840; James Allred, Affidavit, Hancock, Co., IL, 16 July 1843, in Times and Seasons, July 1840, 1:141–142.

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

    12. [12]

      Minutes, Hancock, Co., IL, 13 July 1840, in Times and Seasons, July 1840, 1:142–143. The two other abductees, Boyce and Rogers, were imprisoned in Marion County, Missouri, until they were released on 21 August 1840. (Letter, Chauncey Durkee to Lilburn W. Boggs, 22 July 1840; Boyce, History, ca. 1845, CHL.)

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

      Boyce, Benjamin. History, ca. 1845. CHL. MS 21306.

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