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Introduction to State of Illinois v. C. L. Higbee Complaint, 24 May 1842 [State of Illinois v. C. L. Higbee] Warrant, 24 May 1842 [State of Illinois v. C. L. Higbee] Subpoena, 24 May 1842 [State of Illinois v. C. L. Higbee] Recognizance, 24 May 1842 [State of Illinois v. C. L. Higbee] Docket Entry, circa 24 May 1842 [State of Illinois v. C. L. Higbee] Docket Entry, circa 24 May 1842, Copy [State of Illinois v. C. L. Higbee] Subpoena, 14 September 1842 [State of Illinois v. C. L. Higbee] Subpoena, 19 September 1842 [State of Illinois v. C. L. Higbee] Case File Wrapper, circa October 1842 [State of Illinois v. C. L. Higbee]

Subpoena, 14 September 1842 [State of Illinois v. C. L. Higbee]

Source Note

M. Avise

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on behalf of
Jacob Davis

16 Sept. 1820–25 Dec. 1883. Lawyer, farmer, politician. Born near Staunton, Augusta Co., Virginia. Son of William C. Davis and Sarah (Sallie) Van Lear. Lived at Augusta Co., 1830. Moved to Warsaw, Hancock Co., Illinois, by 1838. Served as Illinois circuit...

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, Subpoena, to
Hancock Co.

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
Sheriff [
William Backenstos

29 Aug. 1813–11 July 1875. Sheriff, merchant, painter. Born at Lower Paxton, Dauphin Co., Pennsylvania. Son of Jacob Backenstos and Margaretha Theis. Baptized into Lutheran Reformed Church, 31 Oct. 1813, in Lower Paxton. Moved to Hancock Co., Illinois, by...

View Full Bio
], for Margaret Nyman, Matilda Nyman, Sarah Miller, and
Alexander McRae

7 Sept. 1807–20 June 1891. Tailor, sheriff, prison warden. Born in Anson Co., North Carolina. Son of John B. McRae and Mary. Moved to South Carolina; to Iredell Co., North Carolina; and back to South Carolina. Enlisted in U.S. Army, Mar. 1829, and served ...

View Full Bio
,
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
, Hancock Co., IL, 14 Sept. 1842, State of IL v. C. L. Higbee (Hancock Co., IL, Circuit Court 1842); printed form with manuscript additions in handwriting of
M. Avise

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; docket printed with manuscript additions by
M. Avise

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, [
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
], Hancock Co., IL, [14 Sept. 1842]; notations printed with manuscript additions presumably by Henry Marks,
Hancock Co.

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
, IL, 17 Sept. 1842; two pages; location unknown; photocopy in possession of Richard and Pamela Price.
This document was filed at 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
, Illinois, circuit court in 1842. It apparently remained in the custody of the circuit court until at least 1979. By 1998, the two subpoenas issued by the circuit court for this case were in a “packet of documents” containing an assortment of “many papers which had to do with Joseph [Smith]” that had been “recently taken to Salt Lake City, Utah, but had been returned.” The context for the removal of these documents from the court and their return is unclear.
1

Price and Price, Joseph Smith Fought Polygamy, 1:158. Church representatives returned many circuit court documents to Hancock County, Illinois, in 1986. Photocopies of the documents were retained by the Church Historical Department (now CHL), but none of them are affiliated with this case. (Turley, Victims, 346.)


Comprehensive Works Cited

Price, Richard, and Pamela Price. Joseph Smith Fought Polygamy: Volume 1. Independence, MO: Price Pub. Co., 2000.

Turley, Richard E., Jr. Victims: The LDS Church and the Mark Hofmann Case. Urbana: University of Illinois Press, 1992.

Although clerks informed Richard and Pamela Price that “all of the Joseph Smith papers” had been recently microfilmed and were possibly available through The Church of Jesus Christ of Latter-day Saints, no microfilm that includes this subpoena has been located at the Family History Library or Church History Library.
2

Price and Price, Joseph Smith Fought Polygamy, 1:159.


Comprehensive Works Cited

Price, Richard, and Pamela Price. Joseph Smith Fought Polygamy: Volume 1. Independence, MO: Price Pub. Co., 2000.

The image featured here is a photocopy of the original document obtained by the Prices in 1968.
3

Price and Price, Joseph Smith Fought Polygamy, 1:158.


Comprehensive Works Cited

Price, Richard, and Pamela Price. Joseph Smith Fought Polygamy: Volume 1. Independence, MO: Price Pub. Co., 2000.

Footnotes

  1. [1]

    Price and Price, Joseph Smith Fought Polygamy, 1:158. Church representatives returned many circuit court documents to Hancock County, Illinois, in 1986. Photocopies of the documents were retained by the Church Historical Department (now CHL), but none of them are affiliated with this case. (Turley, Victims, 346.)

    Price, Richard, and Pamela Price. Joseph Smith Fought Polygamy: Volume 1. Independence, MO: Price Pub. Co., 2000.

    Turley, Richard E., Jr. Victims: The LDS Church and the Mark Hofmann Case. Urbana: University of Illinois Press, 1992.

  2. [2]

    Price and Price, Joseph Smith Fought Polygamy, 1:159.

    Price, Richard, and Pamela Price. Joseph Smith Fought Polygamy: Volume 1. Independence, MO: Price Pub. Co., 2000.

  3. [3]

    Price and Price, Joseph Smith Fought Polygamy, 1:158.

    Price, Richard, and Pamela Price. Joseph Smith Fought Polygamy: Volume 1. Independence, MO: Price Pub. Co., 2000.

Historical Introduction

See Introduction to State of Illinois v. C. L. Higbee.

Page [1]

State of Illinois,) Sct. [scilicet]
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
.)
THE PEOPLE OF THE STATE 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...

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. TO THE
SHERIFF

29 Aug. 1813–11 July 1875. Sheriff, merchant, painter. Born at Lower Paxton, Dauphin Co., Pennsylvania. Son of Jacob Backenstos and Margaretha Theis. Baptized into Lutheran Reformed Church, 31 Oct. 1813, in Lower Paxton. Moved to Hancock Co., Illinois, by...

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OF SAID
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
,
Greeting:
WE COMMAND YOU TO SUMMON Margaret J. Nyman Matilda Nyman, Sarah Miller &
Alexander McRae

7 Sept. 1807–20 June 1891. Tailor, sheriff, prison warden. Born in Anson Co., North Carolina. Son of John B. McRae and Mary. Moved to South Carolina; to Iredell Co., North Carolina; and back to South Carolina. Enlisted in U.S. Army, Mar. 1829, and served ...

View Full Bio
if to be found in your
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
, personally to be and appear before the Circuit Court of said
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
, at the Court House, 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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, on the 3d day of October in the year of our Lord one thousand eight hundred and forty two to testify, and the truth to speak, in relation to a certain matter in controversy, now depending in the said Court, between The People of of the State 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
——
Plaintiffs and
Chauncey L. Higbee

7 Sept. 1821–7 Dec. 1884. Lawyer, banker, politician, judge. Born in Tate Township, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Lived in Fulton, Hamilton Co., Ohio, 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832...

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——
[blank] Defendant[blank]
1

TEXT: The form included a blank space in case “Defendant” needed to be made plural.


at the instance of the said
Plaintiff

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
laying aside all pretences and excuses whatsoever, under penalty of what the law directs. And make due return of this writ, and of the manner in which you execute the same.
WITNESS,
J[acob] C. DAVIS

16 Sept. 1820–25 Dec. 1883. Lawyer, farmer, politician. Born near Staunton, Augusta Co., Virginia. Son of William C. Davis and Sarah (Sallie) Van Lear. Lived at Augusta Co., 1830. Moved to Warsaw, Hancock Co., Illinois, by 1838. Served as Illinois circuit...

View Full Bio
, Clerk of our said Circuit Court, at
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
, this 14th day of September in the year of our Lord one thousand eight hundred and forty-two
J C Davis

16 Sept. 1820–25 Dec. 1883. Lawyer, farmer, politician. Born near Staunton, Augusta Co., Virginia. Son of William C. Davis and Sarah (Sallie) Van Lear. Lived at Augusta Co., 1830. Moved to Warsaw, Hancock Co., Illinois, by 1838. Served as Illinois circuit...

View Full Bio
clerk. By
M Avise

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D. C.
J. Gamble. Jr., Printer.
Warsaw

Located at foot of Des Moines rapids of Mississippi River at site of three military forts: Fort Johnson (1814), Cantonment Davis (1815–1818), and Fort Edwards (1816–1824). First settlers participated in fur trade. Important trade and shipping center. Post...

More Info
. [p. [1]]
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Source Note

Document Transcript

Page [1]

Document Information

Related Case Documents
Editorial Title
Subpoena, 14 September 1842 [State of Illinois v. C. L. Higbee]
ID #
10373
Total Pages
2
Print Volume Location
Handwriting on This Page
  • Printed text
  • Matthias Avise

Footnotes

  1. [1]

    TEXT: The form included a blank space in case “Defendant” needed to be made plural.

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