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Introduction to State of Illinois v. JS et al. for Riot–A, State of Illinois v. JS for Riot on Habeas Corpus, State of Illinois v. H. Smith et al. on Habeas Corpus, and State of Illinois v. JS et al. for Riot–B Warrant, 11 June 1844 [State of Illinois v. JS et al. for Riot–A] Warrant, 11 June 1844, William Clayton Copy [State of Illinois v. JS et al. for Riot–A] Warrant, 11 June 1844, John Taylor and Willard Richards Copy [State of Illinois v. JS et al. for Riot–A] Recognizance, 25 June 1844–A [State of Illinois v. JS et al. for Riot–A] Recognizance, 25 June 1844–B [State of Illinois v. JS et al. for Riot–A] Recognizance, 25 June 1844–C [State of Illinois v. JS et al. for Riot–A] Recognizance, 25 June 1844–D [State of Illinois v. JS et al. for Riot–A] Petition to Nauvoo Municipal Court, 12 June 1844 [State of Illinois v. JS for Riot on Habeas Corpus] Habeas Corpus, 12 June 1844 [State of Illinois v. JS for Riot on Habeas Corpus] Summons, 12 June 1844 [State of Illinois v. JS for Riot on Habeas Corpus] Minutes, 12 June 1844 [State of Illinois v. JS for Riot on Habeas Corpus] Testimonies, 12 June 1844 [State of Illinois v. JS for Riot on Habeas Corpus] Docket Entry, circa 12 June 1844 [State of Illinois v. JS for Riot on Habeas Corpus] Execution, 13 June 1844 [State of Illinois v. JS for Riot on Habeas Corpus] Trial Report, between circa 12 and 20 June 1844, Draft [State of Illinois v. JS for Riot on Habeas Corpus] Trial Report, between circa 12 and 20 June 1844, Partial Draft [State of Illinois v. JS for Riot on Habeas Corpus] Petition, 13 June 1844 [State of Illinois v. H. Smith et al. on Habeas Corpus] Habeas Corpus, 13 June 1844 [State of Illinois v. H. Smith et al. on Habeas Corpus] Habeas Corpus, 13 June 1844, Copy [State of Illinois v. H. Smith et al. on Habeas Corpus] Execution, 13 June 1844 [State of Illinois v. H. Smith et al. on Habeas Corpus] Docket Entry, circa 13 June 1844 [State of Illinois v. H. Smith et al. on Habeas Corpus]

Trial Report, between circa 12 and 20 June 1844, Partial Draft [State of Illinois v. JS for Riot on Habeas Corpus]

Source Note

Trial Report, Draft,
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, between ca. 12 and [20] June 1844, State of IL v. JS for Riot on Habeas Corpus (Nauvoo, IL, Municipal Court 1844). Partial version copied [ca. 20 June 1844]; handwriting of John McEwan; four pages; JS Office Papers, CHL. Includes docket.

Historical Introduction

See Introduction to State of Illinois v. JS et al. for Riot–A, State of Illinois v. JS for Riot on Habeas Corpus, State of Illinois v. H. Smith et al. on Habeas Corpus, and State of Illinois v. JS et al. for Riot–B.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Trial Report, between circa 12 and 20 June 1844, Draft [ State of Illinois v. JS for Riot on Habeas Corpus ]
Trial Report, between circa 12 and 20 June 1844, Partial Draft [ State of Illinois v. JS for Riot on Habeas Corpus ]

Page 1

For the Neighbor
Municipal Court.
State of Illinois)
City 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
)
Joseph Smith exparte on
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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June 12, 1844.
This day came Joseph Smith and upon the reading and filing the petition for a writ of Habeas Corpus to be directed to one
David Bettisworth

14 July 1814–8 Nov. 1866. Constable, merchant. Born in Virginia. Son of Evan Bettisworth and Drusilla Bean. Moved to Chili Township, Hancock Co., Illinois, 1833. Hancock County constable who arrested JS, 12 June 1844. Carried news of deaths of JS and Hyrum...

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. constable of the County of
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 ...

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to have forthwith before the municipal Court. of said
City

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
the body of said Joseph Smith upon said writ of Habeas Corpus, said writ was granted by the
clerk

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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.
Special Session June 12, 1844. 5 oclock P. M. Present Aldermen
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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.
Orson Spencer

14 Mar./13 May 1802–15 Oct. 1855. Teacher, minister, university professor and chancellor. Born in West Stockbridge, Berkshire Co., Massachusetts. Son of Daniel Spencer and Chloe Wilson. Moved to Lenox, Berkshire Co., 1817; to Schenectady, Schenectady Co.,...

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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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,
Gustavus Hills

29 Jan. 1804–18 Oct. 1846. Music teacher, engraver, jeweler, newspaper editor, judge. Born in Chatham, Middlesex Co., Connecticut. Son of Lebbeus Hills and Mary Gibson. Married Elizabeth Mansfield, 25 Dec. 1827, in Middletown, Middlesex Co. Moved to Warren...

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.
Elias Smith

6 Sept. 1804–24 June 1888. Teacher, printer, postmaster, bookkeeper, probate judge, newspaper editor. Born in Royalton, Windsor Co., Vermont. Son of Asahel Smith and Elizabeth Schellenger. Moved to Stockholm, St. Lawrence Co., New York, 1809. Baptized into...

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. and
Samuel Bennet[t]

Ca. 1810–May 1893. Market inspector, barometer manufacturer, physician. Born in England. Married Selina Campion, 9 Aug. 1836. Baptized into Church of Jesus Christ of Latter-day Saints, by 1839, in U.S. Ordained an elder, 23 Dec. 1839, in Philadelphia. Served...

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, assoociates Justices.
The Mayor being on trial,
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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was elected Pres. Pro tempore.
J. P. Green [John P. Greene]

3 Sept. 1793–10 Sept. 1844. Farmer, shoemaker, printer, publisher. Born at Herkimer, Herkimer Co., New York. Son of John Coddington Greene and Anna Chapman. Married first Rhoda Young, 11 Feb. 1813. Moved to Aurelius, Cayuga Co., New York, 1814; to Brownsville...

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. marshall made his return on the writ of Habeas Corpus the body of Joseph Smith in court. which writ with the return thereon is on file.
D. Bettisworth

14 July 1814–8 Nov. 1866. Constable, merchant. Born in Virginia. Son of Evan Bettisworth and Drusilla Bean. Moved to Chili Township, Hancock Co., Illinois, 1833. Hancock County constable who arrested JS, 12 June 1844. Carried news of deaths of JS and Hyrum...

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. made his return— on the copy of the warrant which was attached to the petition. all of which are on file.— shewing that said Joseph Smith was arrested— on a writ issued by
Thomas Morrison

Ca. 1817–13 Apr. 1849. Lawyer, justice of the peace, politician. Resided at Carthage, Hancock Co., Illinois, by 1840. Married Mary E. Wells, 25 Dec. 1844, in Hancock Co. Elected member of Illinois House of Representatives, 1846. Died in Carthage.

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J. P. on complaint of
Francis M. Higbee

1820–after 1850. Attorney, merchant. Born in Tate, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Moved to Fulton, Hamilton Co., Ohio, by 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832. Moved to Jackson Co., Missouri...

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.
7th. Section of Adenda of city ordinance read by Councillor
G. W. Stiles [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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Resolution of city council [p. 1]
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Related Case Documents
Editorial Title
Trial Report, between circa 12 and 20 June 1844, Partial Draft [State of Illinois v. JS for Riot on Habeas Corpus]
ID #
7714
Total Pages
4
Print Volume Location
Handwriting on This Page
  • John McEwan

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