Introduction to State of Illinois v. Unknown Defendant

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Introduction to State of Illinois v. Unknown Defendant Docket Entry, 19 June 1840 [State of Illinois v. Unknown Defendant]
Introduction to State of Illinois v. Unknown Defendant
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State of Illinois v. Unknown Defendant

Hancock Co., Illinois, Justice of the Peace Court, 19 June 1840

Historical Introduction

On or about 19 June 1840, JS filed a complaint 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 ...
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, Illinois, justice of the peace. In the complaint, JS accused an unidentified man—evidently providing a physical description—of swindling.
1
Docket Entry, 19 June 1840 [State of Illinois v. Unknown Defendant]. Illinois law defined swindling as the act of using false representations to defraud someone of “any valuable thing.” Conviction would result in a fine up to $1,000 and imprisonment up to six months. (An Act relative to Criminal Jurisprudence [26 Feb. 1833], Public and General Statute Laws of the State of Illinois [1839], p. 225, sec. 142.)
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.
Based upon the complaint, Wells issued a warrant for the man’s arrest, deputizing a “Carnes” to serve it.
2
Docket Entry, 19 June 1840 [State of Illinois v. Unknown Defendant]. This may have been Daniel Carn, who later served as a member of the Nauvoo, Illinois, city watch and as a sergeant in the police force. However, there is no evidence that Carn had any type of civic office until 1842. (Notice, Wasp, 4 June 1842, [3]; Dunham, Account Book, [90].)
The Wasp. Nauvoo, IL. Apr. 1842–Apr. 1843.
Dunham, Jonathan. Account Book, 1825–1844. Jonathan Dunham, Papers, 1825–1846. CHL. MS 1387 fd 5.
If the defendant had been apprehended, Wells would have presided over a preliminary examination to determine whether there was sufficient evidence to send the case to the circuit court in
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...
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, Illinois.
3
An Act to Regulate the Apprehension of Offenders, and For Other Purposes [6 Jan. 1827], Public and General Statute Laws of the State of Illinois [1839], p. 238, sec. 3.
The culprit was apparently not found, as Wells did not record the outcome in his docket book.

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)
June (3)
19 June 1840
JS, Complaint, Nauvoo, Hancock Co., IL
19 June 1840. Not extant.
1
See Docket Entry, 19 June 1840 [State of Illinois v. Unknown Defendant]. Although the docket entry does not provide a date, JS presumably swore the complaint on 19 June 1840, the same day that Daniel H. Wells issued a warrant for the unknown defendant.

19 June 1840
Daniel H. Wells, Warrant, to Carnes, for Unknown Defendant, Nauvoo, Hancock Co., IL
19 June 1840. Not extant.
1
See Docket Entry, 19 June 1840 [State of Illinois v. Unknown Defendant].

19 June 1840
Docket Entry, Nauvoo, Hancock Co., IL
19 June 1840; Daniel H. Wells, Docket Book, 38, CHL; handwriting of Daniel H. Wells.

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Editorial Title
Introduction to State of Illinois v. Unknown Defendant
ID #
18987
Total Pages
1
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Footnotes
[1]
Docket Entry, 19 June 1840 [State of Illinois v. Unknown Defendant]. Illinois law defined swindling as the act of using false representations to defraud someone of “any valuable thing.” Conviction would result in a fine up to $1,000 and imprisonment up to six months. (An Act relative to Criminal Jurisprudence [26 Feb. 1833], Public and General Statute Laws of the State of Illinois [1839], p. 225, sec. 142.)
[2]
Docket Entry, 19 June 1840 [State of Illinois v. Unknown Defendant]. This may have been Daniel Carn, who later served as a member of the Nauvoo, Illinois, city watch and as a sergeant in the police force. However, there is no evidence that Carn had any type of civic office until 1842. (Notice, Wasp, 4 June 1842, [3]; Dunham, Account Book, [90].)
The Wasp. Nauvoo, IL. Apr. 1842–Apr. 1843.
Dunham, Jonathan. Account Book, 1825–1844. Jonathan Dunham, Papers, 1825–1846. CHL. MS 1387 fd 5.
[3]
An Act to Regulate the Apprehension of Offenders, and For Other Purposes [6 Jan. 1827], Public and General Statute Laws of the State of Illinois [1839], p. 238, sec. 3.