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

Source Note

M. Avise

View Full Bio

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...

View Full Bio
, 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
Nancy Rigdon

8 Dec. 1822–1 Nov. 1887. Born in Pittsburgh. Daughter of Sidney Rigdon and Phebe Brooks. Moved to Bainbridge, Geauga Co., Ohio, 1826. Moved to Mentor, Geauga Co., 1827. Baptized into Church of Jesus Christ of Latter-day Saints, likely ca. Nov. 1830, in Ohio...

View Full Bio
,
Sarah Marinda Bates Pratt

5 Feb. 1817–25 Dec. 1888. Seamstress. Born in Henderson, Jefferson Co., New York. Daughter of Cyrus Bates and Lydia Harrington. Baptized into Church of Jesus Christ of Latter-day Saints by Orson Pratt, 18 June 1835, near Sackets Harbor, Jefferson Co. Married...

View Full Bio
, Emeline White, Amanda Gee, and Melissa Schindle,
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, 19 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

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, [19 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 [2]

Docket printed with mansucript additions in handwriting of M. Avise.


1st Day. No. 23
Deft

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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s
SUBPOENA FOR
Nancy Rigdon

8 Dec. 1822–1 Nov. 1887. Born in Pittsburgh. Daughter of Sidney Rigdon and Phebe Brooks. Moved to Bainbridge, Geauga Co., Ohio, 1826. Moved to Mentor, Geauga Co., 1827. Baptized into Church of Jesus Christ of Latter-day Saints, likely ca. Nov. 1830, in Ohio...

View Full Bio
,
Sarah Pratt

5 Feb. 1817–25 Dec. 1888. Seamstress. Born in Henderson, Jefferson Co., New York. Daughter of Cyrus Bates and Lydia Harrington. Baptized into Church of Jesus Christ of Latter-day Saints by Orson Pratt, 18 June 1835, near Sackets Harbor, Jefferson Co. Married...

View Full Bio
, Emeline White, Amanda Gee & Melissa Schindle
IN THE CASE OF The People vs
C. 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...

View Full Bio
Hancock

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, Ill. TO October Term, A. D. 1842
 
I have served the within writ by reading the same to the within named [blank]
SHERIFF,
H. C.

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
Ill.
 
I cannot in my
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
find the within named [blank]
SHERIFF,
H. C.

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
Ill.
 
Sheriff’s Fees:
Services of Subpoena $[blank]
Miles travel [blank]
Returning Subpoena [blank]
$[blank]
Sheriff,
h. c.

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
ill.
[p. [2]]
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Source Note

Document Transcript

Page [2]

Document Information

Related Case Documents
Editorial Title
Subpoena, 19 September 1842 [State of Illinois v. C. L. Higbee]
ID #
10374
Total Pages
2
Print Volume Location
Handwriting on This Page
  • Matthias Avise
  • Printed text

Footnotes

  1. new scribe logo

    Docket printed with mansucript additions in handwriting of M. Avise.

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