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Introduction to State of Illinois v. Colton and State of Illinois v. Colton on Habeas Corpus Complaint, 10 April 1844 [State of Illinois v. Colton] Warrant, 10 April 1844 [State of Illinois v. Colton] Mittimus, 11 April 1844 [State of Illinois v. Colton] Mittimus, 11 April 1844, Copy [State of Illinois v. Colton] Petition, 12 April 1844 [State of Illinois v. Colton on Habeas Corpus] Habeas Corpus, 12 April 1844 [State of Illinois v. Colton on Habeas Corpus] Habeas Corpus, 12 April 1844, Copy [State of Illinois v. Colton on Habeas Corpus] Subpoena, 12 April 1844 [State of Illinois v. Colton on Habeas Corpus] Minutes, 13 April 1844 [State of Illinois v. Colton on Habeas Corpus] Docket Entry, 12–circa 13 April 1844 [State of Illinois v. Colton on Habeas Corpus] Execution, 4 June 1844 [State of Illinois v. Colton on Habeas Corpus] Docket Entry, Discharge, 25 May 1844 [State of Illinois v. Colton]

Minutes, 13 April 1844 [State of Illinois v. Colton on Habeas Corpus]

Source Note

Minutes, [
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
, Hancock Co., IL], 13 Apr. 1844, State of IL v. Colton on Habeas Corpus (Nauvoo, IL, Municipal Court 1844); handwriting of
Willard Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...

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; docket and notation by
William W. Phelps

17 Feb. 1792–7 Mar. 1872. Writer, teacher, printer, newspaper editor, publisher, postmaster, lawyer. Born at Hanover, Morris Co., New Jersey. Son of Enon Phelps and Mehitabel Goldsmith. Moved to Homer, Cortland Co., New York, 1800. Married Sally Waterman,...

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, [
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
, Hancock Co., IL], 13 Apr. 1844; two pages; Nauvoo, IL, Records, CHL.

Historical Introduction

See Introduction to State of Illinois v. Colton and State of Illinois v. Colton on Habeas Corpus.

Page [1]

Municipal Court
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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April 13[th] 1844.—
Present Chief Justice Joseph Smith associate Ju[sti]ce
Wm Marks

15 Nov. 1792–22 May 1872. Farmer, printer, publisher, postmaster. Born at Rutland, Rutland Co., Vermont. Son of Cornell (Cornwall) Marks and Sarah Goodrich. Married first Rosannah R. Robinson, 2 May 1813. Lived at Portage, Allegany Co., New York, where he...

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N[ewel] K. Whitney

3/5 Feb. 1795–23 Sept. 1850. Trader, merchant. Born at Marlborough, Windham Co., Vermont. Son of Samuel Whitney and Susanna Kimball. Moved to Fairfield, Herkimer Co., New York, 1803. Merchant at Plattsburg, Clinton Co., New York, 1814. Mercantile clerk for...

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,
Geo W Harris

1 Apr. 1780–1857. Jeweler. Born at Lanesboro, Berkshire Co., Massachusetts. Son of James Harris and Diana (Margaret) Burton. Married first Elizabeth, ca. 1800. Married second Margaret, who died in 1828. Moved to Batavia, Genesee Co., New York, by 1830. Married...

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,
Geo A Smith

26 June 1817–1 Sept. 1875. Born at Potsdam, St. Lawrence Co., New York. Son of John Smith and Clarissa Lyman. Baptized into Church of Jesus Christ of Latter-day Saints by Joseph H. Wakefield, 10 Sept. 1832, at Potsdam. Moved to Kirtland, Geauga Co., Ohio,...

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.
writ returnd.— with the return therein & presen[ted] before the court.—
<​Petition writ of Habeas corpus.​>
Copy of the writ return.— with the <​
Mittimus

A written order commanding a jailer or keeper of a prison “to receive and safely keep, a person charged with an offence therein named, until he shall be delivered by due course of law.”

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​> writ of the original case,— & return thereon.——
Mayor. asked the Lawyers opinion of this court having Jurisdiction— in cases arising under the statutes. Lawyer <​
Stils [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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​> decided it had
Copy of the original complaint was read before the court. warrant of
R[obert 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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.— and commitment
R. 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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[illegible]—
[Andrew] Colton

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refered to be tried before [2 words illegible]
1

TEXT: Page damaged.


I refered the case to
[Isaac] Higbee

23 Dec. 1797–16 Feb. 1874. Farmer, merchant, judge. Born in Galloway, Gloucester Co., New Jersey. Son of Isaac Higbee and Sophia Somers. Moved to Clermont Co., Ohio, ca. 1802. Married Keziah String, 11 Feb. 1819, in Clermont Co. Moved to Cincinnati, by 1830...

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&
Higbee

23 Dec. 1797–16 Feb. 1874. Farmer, merchant, judge. Born in Galloway, Gloucester Co., New Jersey. Son of Isaac Higbee and Sophia Somers. Moved to Clermont Co., Ohio, ca. 1802. Married Keziah String, 11 Feb. 1819, in Clermont Co. Moved to Cincinnati, by 1830...

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refused to [illegible] the case.— [p. [1]]
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Document Information

Related Case Documents
Editorial Title
Minutes, 13 April 1844 [State of Illinois v. Colton on Habeas Corpus]
ID #
10583
Total Pages
2
Print Volume Location
Handwriting on This Page
  • Willard Richards

Footnotes

  1. [1]

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