Docket Entry, 10–circa 17 October 1843 [State of Illinois v. Drown on Habeas Corpus]

Source Note

Docket Entry,
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....
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, Hancock Co., IL, 10–ca. 17 Oct. 1843, State of IL v. Drown 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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(Nauvoo, IL, Municipal Court 1843); Nauvoo Municipal Court Docket Book, 87–88; 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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; CHL. Includes notations by
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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, [
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], 15 Jan., 17 Jan., and 7 May 1844. Includes notations by
Thomas Bullock
23 Dec. 1816–10 Feb. 1885. Farmer, excise officer, secretary, clerk. Born in Leek, Staffordshire, England. Son of Thomas Bullock and Mary Hall. Married Henrietta Rushton, 25 June 1838. Moved to Ardee, Co. Louth, Ireland, Nov. 1839; to Isle of Anglesey, Aug...
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, 4 Nov. [1844] and 10 Feb. 1845.
Historical Introduction

See Introduction to State of Illinois v. Drown on Habeas Corpus.

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Municipal Court.

State of Illinois)	ss. [scilicet]
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 )

	$ Cts
Habeus 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... View Glossary	,50
Serving Writ & copy.	,50
Summons for Court	,25
Fees for service of Summons	1.50
Docketing Suit	.12½
Docket fee	3.00
Marshal’s fees for nursing prisoner 7 days	7.00
Entering Judgment	,25
Aldermen Fees	11.00
Execution “The act of carrying into effect the final judgment of a court, or other jurisdiction. The writ which authorises the officer so to carry into effect such judgment is also called an execution. . . . Executions are either to recover specific things, or money... View Glossary —	.25
	$24 37½
<return of execution>	<12½>
<Marshall’s fees for service>	<50.>
	<25.00> Insertions in handwriting of Thomas Bullock.

On Habeus Corpus. October 10th. 1843.

This day came Charles Drown and upon the reading and filing the petition for a writ of Habeus Corpus to be directed to one Samuel Waterman to have forthwith before the Municipal Court the body of said Drown, upon said Writ of Habeus Corpus; said writ of Habeus corpus was issued by the in accordance with the prayer of petitioner, no fees allowed.

Wednesday morning 10 o’clock. October 11th. 1843

Special Term,

Present associate Justices , , , , , and . was chosen President Pro. Tem.

, the person named thereon, made his return on the original writ of Habeus corpus. which writ, with the return thereon is now on file.

Samuel Waterman made his return on the copy of the original writ served on him and the same as <is> now on file. . . Court adjourned until Friday morning 10 o’clock. October 13th. 1843.

Friday October 13th. 1843. 10 o’clock A. M.

Court present, according to adjournment, To Wit; Joseph Smith chief Justice; , , , and associate Justices.

, to whose charge the prisoner was. committed, made his return “The Prisoner sick but in custody at my <his> house.”

Then came charles Drown by his Attorney , and plead his discharge on informality in the original writ,— and for want of substance in the affidavit, with rejoinder by acting attorney for the State.

The Court adjudged the papers sufficient to proceed to trial. , , and in the affirmative; , & chief Justice Smith in the negative.

At 15 minutes past 12— Court adjourned until 2 o’clock. [p. 87]