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Introduction to State of Illinois v. Drown on Habeas Corpus

State of Illinois v. Drown on Habeas Corpus
Hancock Co., Illinois, Justice of the Peace Court, 9 October 1843
Nauvoo, Hancock Co., Illinois, Municipal Court, 17 October 1843
Hancock Co., Illinois, Circuit Court, 20 May 1845
 
Historical Introduction
In mid-October 1843, JS presided over a hearing in the , Illinois, municipal court for Charles Drown. The case grew out of an earlier dispute involving several Nauvoo residents. In August 1842, Drown filed a complaint before , Illinois, justice of the peace , accusing Lemuel Mallory of of a brass kettle. While the outcome of that case is unclear, Christian Upperman alleged in April 1843 that Drown had placed the kettle on Mallory’s property and used the resulting charge of larceny as leverage to force Mallory to pay a debt to him. On 4 October 1843, Almon Bathrick filed a complaint before Hancock County justice of the peace Leonard Harrington accusing Drown of . Based on Bathrick’s complaint, Harrington issued a warrant for Drown, which was served by Hancock County constable Samuel Waterman, and held a preliminary hearing on 9 October. After hearing testimony, Harrington held that there was probable cause to believe that Drown had committed perjury, and he ordered that Drown enter into a $400 binding him to appear at the next session of the Hancock County Circuit Court for a trial. Drown, however, refused to pay bail, and Harrington ordered Waterman to take him into custody.
On 10 October, while he was still under arrest, Drown and his attorney, , petitioned , the clerk of ’s municipal court, for a writ of . Drown’s petition claimed that he was innocent, that the proceedings against him “were instituted through malice, private pique & corruption,” and that the warrant used to arrest him as well as the subsequent proceedings were irregular. Richards granted his petition, and the Nauvoo Municipal Court assembled the next day to hear the case, though JS was not in attendance. The court reconvened on 13 October with JS presiding. After hearing arguments from Stiles and city attorney , the court voted “to proceed to trial” over JS’s objections. The court also ruled that the “original prosecutor”—presumably referring to the complainant, Bathrick—should produce evidence at the hearing. Because Drown was sick, the court adjourned until 16 October and again until 17 October. Rigdon was not present on 17 October, and the court ordered Drown to be discharged from custody. The municipal court’s efforts to collect the costs, first from Drown and then from Bathrick, were unsuccessful.
Meanwhile, apparently unaware of the proceedings in , the Circuit Court then in session moved forward with the case against Drown and indicted him for on 18 October. The court issued multiple warrants for his arrest, but each was returned unserved. On 20 May 1845, the prosecuting attorney motioned to dismiss the case, as it appeared that Drown would not appear for the trial.
 
Calendar of Documents
This calendar lists all known documents created by or for the court, whether extant or not. It does not include versions of documents created for other purposes, though those versions may be listed in footnotes. In certain cases, especially in cases concerning unpaid debts, the originating document (promissory note, invoice, etc.) is listed here. Note that documents in the calendar are grouped with their originating court. Where a version of a document was subsequently filed with another court, that version is listed under both courts.
State of Illinois v. Drown on Habeas Corpus
Hancock Co., Illinois, Justice of the Peace Court, 9 October 1843
Nauvoo, Hancock Co., Illinois, Municipal Court, 17 October 1843
Hancock Co., Illinois, Circuit Court, 20 May 1845
 
Historical Introduction
In mid-October 1843, JS presided over a hearing in the , Illinois, municipal court for Charles Drown. The case grew out of an earlier dispute involving several Nauvoo residents. In August 1842, Drown filed a complaint before , Illinois, justice of the peace , accusing Lemuel Mallory of of a brass kettle. While the outcome of that case is unclear, Christian Upperman alleged in April 1843 that Drown had placed the kettle on Mallory’s property and used the resulting charge of larceny as leverage to force Mallory to pay a debt to him. On 4 October 1843, Almon Bathrick filed a complaint before Hancock County justice of the peace Leonard Harrington accusing Drown of . Based on Bathrick’s complaint, Harrington issued a warrant for Drown, which was served by Hancock County constable Samuel Waterman, and held a preliminary hearing on 9 October. After hearing testimony, Harrington held that there was probable cause to believe that Drown had committed perjury, and he ordered that Drown enter into a $400 binding him to appear at the next session of the Hancock County Circuit Court for a trial. Drown, however, refused to pay bail, and Harrington ordered Waterman to take him into custody.
On 10 October, while he was still under arrest, Drown and his attorney, , petitioned , the clerk of ’s municipal court, for a writ of . Drown’s petition claimed that he was innocent, that the proceedings against him “were instituted through malice, private pique & corruption,” and that the warrant used to arrest him as well as the subsequent proceedings were irregular. Richards granted his petition, and the Nauvoo Municipal Court assembled the next day to hear the case, though JS was not in attendance. The court reconvened on 13 October with JS presiding. After hearing arguments from Stiles and city attorney , the court voted “to proceed to trial” over JS’s objections. The court also ruled that the “original prosecutor”—presumably referring to the complainant, Bathrick—should produce evidence at the hearing. Because Drown was sick, the court adjourned until 16 October and again until 17 October. Rigdon was not present on 17 October, and the court ordered Drown to be discharged from custody. The municipal court’s efforts to collect the costs, first from Drown and then from Bathrick, were unsuccessful.
Meanwhile, apparently unaware of the proceedings in , the Circuit Court then in session moved forward with the case against Drown and indicted him for on 18 October. The court issued multiple warrants for his arrest, but each was returned unserved. On 20 May 1845, the prosecuting attorney motioned to dismiss the case, as it appeared that Drown would not appear for the trial.
 
Calendar of Documents
This calendar lists all known documents created by or for the court, whether extant or not. It does not include versions of documents created for other purposes, though those versions may be listed in footnotes. In certain cases, especially in cases concerning unpaid debts, the originating document (promissory note, invoice, etc.) is listed here. Note that documents in the calendar are grouped with their originating court. Where a version of a document was subsequently filed with another court, that version is listed under both courts.
 
Hancock Co., Illinois, Justice of the Peace Court
  • 1842 (1)
    • August (1)
      8 August 1842

      Charles Drown, Complaint, before Daniel H. Wells, Nauvoo, Hancock Co., IL

      • 8 Aug. 1842; Hancock County Courthouse, Carthage, IL; microfilm 1,521,604 at FHL; handwriting of Daniel H. Wells; signature presumably of Charles Drown; docket in handwriting of Daniel H. Wells; notation probably in handwriting of David E. Head.
  • 1843 (9)
    • April (1)
      10 April 1843

      Christian Upperman, Affidavit, before Orson Spencer, Nauvoo, Hancock Co., IL

      • 10 Apr. 1843; Nauvoo, IL, Records, CHL; handwriting of Orson Spencer; signatures of Christian Upperman by his mark and Catherine Curtis Spencer; docket in unidentified handwriting; docket and notation in handwriting of Willard Richards.
    • October (8)
      3 October 1843

      Christian Upperman, Affidavit, before Leonard Harrington, Hancock Co., IL, 3 Oct. 1843–A

      • 3 Oct. 1843; Hancock County Courthouse, Carthage, IL; microfilm 1,521,604 at FHL; handwriting of Leonard Harrington; signature of Christian Upperman by his mark; docket in handwriting of Leonard Harrington; notation probably in handwriting of David E. Head.
      3 October 1843

      Christian Upperman, Affidavit, before Leonard Harrington, Hancock Co., IL, 3 Oct. 1843–B

      • 3 Oct. 1843; Nauvoo, IL, Records, CHL; handwriting of Leonard Harrington; signature of Christian Upperman by his mark; docket and notation in handwriting of Willard Richards.
      4 October 1843

      Almon Bathrick, Complaint, before Leonard Harrington, Hancock Co., IL

      • 4 Oct. 1843; Hancock County Courthouse, Carthage, IL; microfilm 1,521,604 at FHL; unidentified handwriting; signature presumably of Almon Bathrick; certification in handwriting of Leonard Harrington; docket in handwriting of Leonard Harrington; notation probably in handwriting of David E. Head.
      • Ca. 11 Oct. 1843; Nauvoo, IL, Records, CHL; handwriting of George Stiles; certification in handwriting of Leonard Harrington; docket in handwriting of George Stiles; docket and notation in handwriting of Willard Richards.
      4 October 1843

      Leonard Harrington, Warrant, to Any Hancock Co. Constable and Samuel Waterman, for Charles Drown, Hancock Co., IL

      • 4 Oct. 1843. Not extant.
      • Ca. 10 Oct. 1843; Nauvoo, IL, Records, CHL; handwriting of George Stiles; docket and notation in handwriting of George Stiles; docket and notation in handwriting of Willard Richards.
      4 October 1843

      Leonard Harrington, Subpoena, for Lewis Robison and Others, Hancock Co., IL

      • 4 Oct. 1843; Hancock County Courthouse, Carthage, IL; microfilm 1,521,604 at FHL; unidentified handwriting; certification in handwriting of Leonard Harrington; notation in handwriting of Samuel Waterman; notation probably in handwriting of David E. Head.
      6 October 1843

      Leonard Harrington, Subpoena, for Erastus Lamb and Others, Hancock Co., IL

      • 6 Oct. 1843; Hancock County Courthouse, Carthage, IL; microfilm 1,521,604 at FHL; unidentified handwriting; signature of Leonard Harrington; notation in handwriting of Samuel Waterman; notation probably in handwriting of David E. Head.
      9 October 1843

      Christian Upperman and Others, Recognizance, Hancock Co., IL

      • 9 Oct. 1843; Hancock County Courthouse, Carthage, IL; microfilm 1,521,604 at FHL; handwriting of Onias Skinner; signatures of Elizabeth Mallory, Christian Upperman, and Mary Upperman by their marks; signature of Leonard Harrington; docket in handwriting of Leonard Harrington; notation probably in handwriting of David E. Head.
      10 October 1843

      Docket Entry, Hancock Co., IL

      • 10 Oct. 1843. Not extant.
      • 10 Oct. 1843; Hancock County Courthouse, Carthage, IL; microfilm 1,521,604 at FHL; handwriting of Leonard Harrington and Onias Skinner; notation probably in handwriting of David E. Head.
 
Nauvoo, Hancock Co., Illinois, Municipal Court
  • 1843 (8)
    • April (1)
      10 April 1843

      Christian Upperman, Affidavit, before Orson Spencer, Nauvoo, Hancock Co., IL

      • 10 Apr. 1843; Nauvoo, IL, Records, CHL; handwriting of Orson Spencer; signatures of Christian Upperman by his mark and Catherine Curtis Spencer; docket in unidentified handwriting; docket and notation in handwriting of Willard Richards.
    • October (7)
      3 October 1843

      Christian Upperman, Affidavit, before Leonard Harrington, Hancock Co., IL, 3 Oct. 1843–B

      • 3 Oct. 1843; Nauvoo, IL, Records, CHL; handwriting of Leonard Harrington; signature of Christian Upperman by his mark; docket and notation in handwriting of Willard Richards.
      4 October 1843

      Almon Bathrick, Complaint, Copy, before Leonard Harrington, Hancock Co., IL

      • Ca. 11 Oct. 1843; Nauvoo, IL, Records, CHL; handwriting of George Stiles; certification in handwriting of Leonard Harrington; docket in handwriting of George Stiles; docket and notation in handwriting of Willard Richards.
      4 October 1843

      Leonard Harrington, Warrant, Copy, to Any Hancock Co. Constable and Samuel Waterman, for Charles Drown, Hancock Co., IL

      • Ca. 10 Oct. 1843; Nauvoo, IL, Records, CHL; handwriting of George Stiles; docket and notation in handwriting of George Stiles; docket and notation in handwriting of Willard Richards.
      10 October 1843

      Charles Drown, Petition, Nauvoo, Hancock Co., IL, to Nauvoo Municipal Court

      • 10 Oct. 1843; Nauvoo, IL, Records, CHL; handwriting of George Stiles; signature of Charles Drown; certification in handwriting of Willard Richards; docket and notation in handwriting of Willard Richards.
      10 October 1843

      Willard Richards, Habeas Corpus, to Nauvoo City Marshal or Horace Eldredge, Nauvoo, Hancock Co., IL

      • 10 Oct. 1843; Nauvoo, IL, Records, CHL; handwriting of Willard Richards; docket and notations in handwriting of Willard Richards; notations in handwriting of Horace Eldredge.
      • Ca. 10 Oct. 1843; Nauvoo, IL, Records, CHL; handwriting of Horace Eldredge; docket and notations in handwriting of Horace Eldredge; notation in handwriting of Horace Eldredge and George Stiles with signature of Samuel Waterman; docket and notations in handwriting of Willard Richards.
      10 October 1843

      Willard Richards, Summons, Nauvoo City Marshal, Nauvoo, Hancock Co., IL

      • 10 Oct. 1843; Nauvoo, IL, Records, CHL; handwriting of Willard Richards; docket in handwriting of Willard Richards; notation in handwriting of Dimick B. Huntington; notation in handwriting of Willard Richards.
      10–ca. 17 October 1843

      Docket Entry, Nauvoo, Hancock Co., IL

      • 10–ca. 17 Oct. 1843; Nauvoo Municipal Court Docket Book, 87–88; handwriting of Willard Richards; notations in handwriting of Willard Richards; notations in handwriting of Thomas Bullock.
  • 1844 (2)
    • January (1)
      15 January 1844

      Willard Richards, Execution, to Nauvoo City Marshal, Nauvoo, Hancock Co., IL

      • 15 Jan. 1844; Nauvoo, IL Records, CHL; handwriting of Willard Richards; docket in handwriting of Willard Richards; notation in handwriting of Willard Richards with signature of John P. Greene.
    • May (1)
      7 May 1844

      Willard Richards, Execution, to Nauvoo City Marshal, Nauvoo, Hancock Co., IL

      • 7 May 1844; Nauvoo, IL, Records, CHL; handwriting of Willard Richards; docket and notation in handwriting of Willard Richards; endorsements in handwriting of John P. Greene; notation in handwriting of Jonathan C. Wright.
  • 1845 (1)
 
Hancock Co., Illinois, Circuit Court
  • 1842 (1)
    • August (1)
      8 August 1842

      Charles Drown, Complaint, before Daniel H. Wells, Nauvoo, Hancock Co., IL

      • 8 Aug. 1842; Hancock County Courthouse, Carthage, IL; microfilm 1,521,604 at FHL; handwriting of Daniel H. Wells; signature presumably of Charles Drown; docket in handwriting of Daniel H. Wells; notation probably in handwriting of David E. Head.
  • 1843 (10)
    • October (7)
      3 October 1843

      Christian Upperman, Affidavit, before Leonard Harrington, Hancock Co., IL, 3 Oct. 1843–A

      • 3 Oct. 1843; Hancock County Courthouse, Carthage, IL; microfilm 1,521,604 at FHL; handwriting of Leonard Harrington; signature of Christian Upperman by his mark; docket in handwriting of Leonard Harrington; notation probably in handwriting of David E. Head.
      4 October 1843

      Almon Bathrick, Complaint, before Leonard Harrington, Hancock Co., IL

      • 4 Oct. 1843; Hancock County Courthouse, Carthage, IL; microfilm 1,521,604 at FHL; unidentified handwriting; signature presumably of Almon Bathrick; certification in handwriting of Leonard Harrington; docket in handwriting of Leonard Harrington; notation probably in handwriting of David E. Head.
      4 October 1843

      Leonard Harrington, Subpoena, for Lewis Robison and Others, Hancock Co., IL

      • 4 Oct. 1843; Hancock County Courthouse, Carthage, IL; microfilm 1,521,604 at FHL; unidentified handwriting; certification in handwriting of Leonard Harrington; notation in handwriting of Samuel Waterman; notation probably in handwriting of David E. Head.
      6 October 1843

      Leonard Harrington, Subpoena, for Erastus Lamb and Others, Hancock Co., IL

      • 6 Oct. 1843; Hancock County Courthouse, Carthage, IL; microfilm 1,521,604 at FHL; unidentified handwriting; signature of Leonard Harrington; notation in handwriting of Samuel Waterman; notation probably in handwriting of David E. Head.
      9 October 1843

      Christian Upperman and Others, Recognizance, Hancock Co., IL

      • 9 Oct. 1843; Hancock County Courthouse, Carthage, IL; microfilm 1,521,604 at FHL; handwriting of Onias Skinner; signatures of Elizabeth Mallory, Christian Upperman, and Mary Upperman by their marks; signature of Leonard Harrington; docket in handwriting of Leonard Harrington; notation probably in handwriting of David E. Head.
      10 October 1843

      Docket Entry, Copy, Hancock Co., IL

      • 10 Oct. 1843; Hancock County Courthouse, Carthage, IL; microfilm 1,521,604 at FHL; handwriting of Leonard Harrington and Onias Skinner; notation probably in handwriting of David E. Head.
      18 October 1843

      Docket Entry, Indictment, Carthage, Hancock Co., IL

      • 18 Oct. 1843; Hancock County Circuit Court Record, vol. D, p. 35, Hancock County Courthouse, Carthage, IL; microfilm at FHL; unidentified handwriting.
    • December (3)
      15 December 1843

      David E. Head on behalf of Jacob B. Backenstos, Capias, to Hancock Co. Sheriff, for Charles Drown, Carthage, Hancock Co., IL

      • 15 Dec. 1843; Hancock County Courthouse, Carthage, IL; microfilm 1,521,604 at FHL; printed form with manuscript additions in handwriting of David E. Head; docket and notation printed with manuscript additions in handwriting of David E. Head; notations printed with manuscript additions in handwriting of William Backenstos.
      15 December 1843

      David E. Head on behalf of Jacob B. Backenstos, Subpoena, to Hancock Co. Sheriff, for Lemuel Mallory and Others, Carthage, Hancock Co., IL, 15 Dec. 1843–A

      • 15 Dec. 1843; Hancock County Courthouse, Carthage, IL; microfilm 1,521,604 at FHL; printed form with manuscript additions in handwriting of David E. Head; docket printed with manuscript additions in handwriting of David E. Head; notations printed with manuscript additions in handwriting of William Backenstos.
      15 December 1843

      David E. Head on behalf of Jacob B. Backenstos, Subpoena, to Hancock Co. Sheriff, for Almon Bathrick and Daniel H. Wells, Carthage, Hancock Co., IL, 15 Dec. 1843–B

      • 15 Dec. 1843; Hancock County Courthouse, Carthage, IL; microfilm 1,521,604 at FHL; printed form with manuscript additions in handwriting of David E. Head; docket printed with manuscript additions in handwriting of David E. Head; notations printed with manuscript additions in handwriting of William Backenstos.
  • 1844 (7)
    • May (1)
      24 May 1844

      Docket Entry, Alias Capias, Carthage, Hancock Co., IL

      • 24 May 1844; Hancock County Circuit Court Record, vol. D, p. 134, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
    • July (4)
      16 July 1844

      David E. Head on behalf of Jacob B. Backenstos, Subpoena, to Hancock Co. Sheriff, for Almon Bathrick and Daniel H. Wells, Carthage, Hancock Co., IL, 16 July 1844–A

      • 16 July 1844; Hancock County Courthouse, Carthage, IL; microfilm 1,521,604 at FHL; printed form with manuscript additions in handwriting of David E. Head; docket printed with manuscript additions in handwriting of David E. Head; notations printed with manuscript additions in handwriting of Miner R. Deming.
      16 July 1844

      David E. Head on behalf of Jacob B. Backenstos, Subpoena, to Hancock Co. Sheriff, for Lemuel Mallory and Others, Carthage, Hancock Co., IL, 16 July 1844–B

      • 16 July 1844; Hancock County Courthouse, Carthage, IL; microfilm 1,521,604 at FHL; printed form with manuscript additions in handwriting of David E. Head; docket printed with manuscript additions in handwriting of David E. Head; notations printed with manuscript additions in handwriting of Miner R. Deming.
      16 July 1844

      David E. Head on behalf of Jacob B. Backenstos, Capias, to Hancock Co. Sheriff, for Charles Drown, Carthage, Hancock Co., IL

      • 16 July 1844; Hancock County Courthouse, Carthage, IL; microfilm 1,521,604 at FHL; printed form with manuscript additions in handwriting of David E. Head; docket and notation printed with manuscript additions in handwriting of David E. Head; notations printed with manuscript additions in handwriting of Miner R. Deming; notation probably in handwriting of David E. Head.
      16 July 1844

      Docket Entry, Pluries Capias, Carthage, Hancock Co., IL

      • 16 July 1844; Hancock County Circuit Court Record, vol. D, p. [165], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
    • December (2)
      13 December 1844

      David E. Head, Subpoena, to Hancock Co. Sheriff, for Almon Bathrick and Daniel H. Wells, Carthage, Hancock Co., IL, 13 Dec. 1844–A

      • 13 Dec. 1844; Hancock County Courthouse, Carthage, IL; microfilm 1,521,604 at FHL; printed form with manuscript additions in handwriting of David E. Head; docket printed with manuscript additions in handwriting of David E. Head; notation printed with manuscript additions in unidentified handwriting; notation in handwriting of David E. Head.
      13 December 1844

      David E. Head, Subpoena, to Hancock Co. Sheriff, for Lemuel Mallory and Others, Carthage, Hancock Co., IL, 13 Dec. 1844–B

      • 13 Dec. 1844; Hancock County Courthouse, Carthage, IL; microfilm 1,521,604 at FHL; printed form with manuscript additions in handwriting of David E. Head; docket printed with manuscript additions in handwriting of David E. Head; notation in handwriting of David E. Head.
  • 1845 (1)
    • May (1)
      20 May 1845

      Docket Entry, Dismissal, Carthage, Hancock Co., IL

      • 20 May 1845; Hancock County Circuit Court Record, vol. D, p. 250, Hancock County Courthouse, Carthage, IL; microfilm at FHL; unidentified handwriting.