Docket Entry, between circa 19 and circa 21 November 1842 [City of Nauvoo v. Brown]

  • Source Note
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State of )
Vs)
George Brown)
In Case of Habeas Corpus.
Novr. 19th. 1842. A Petition was presented on behalf of the Prisoner, by , praying for a Writ of Habeas Corpus to issue in this Cause, from the Municipal Court, to which Petition was attached a copy of the committal under which the said George Brown was detained by Constable, said committal being <​upon a charge of Larceny, and​> under the hand and Seal of Justice of the Peace, & Which Petition is filed of Record, as also <​sd Copy Committal.​>
Same date. a Writ of Habeas Corpus issued, in compliance with the prayer of said Petition, and the Petitioner was brought before Aldermen and at five oClock this Evening, and in the absence of a majority of the Municipal Court, as also the Prosecutor, it was agreed upon by the Aldermen present, that the Court meet at ten oClock A.M. on Monday the 21st Inst, at the Mayors , and that the Prosecutor be notified thereof.
Novr. 21st. 1842. The Municipal Court sat at ten oClock A. M.— present, Aldermen , , [Gustavus] Hills, , & . was elected presiding Justice, pro tem.
The Clerk produced and read the Petition, copy of Committal, and Writ of Habeas Corpus. Which Writ was duly returned & filed.
appeared as Attorney for the Prisoner.
Esq. appeared as Col. for the Prosecutor. An Affidavit was prepared by the , approved of by the Court, sworn to by the Prisoner, and filed, setting forth his grounds for the application for this hearing, and for proceeding therein.
Same day— A Subpoena issued on behalf of the Prisoner, for George Bryant and William Lundy as Witnesses, & was duly returned and filed.
The following Persons were produced Sworn & examined. to wit. Elizer G. Terrill.— Andrew M. Groll.— Eliza Mills.— .— Charles Seidel.— .— William Lundy.— George Bryant.— Samuel Pinkham.— Michael Hughes.— Benjamin Barber. <​Michael McCall,— Jesse Kilgore.— and Moses Adams.——​> as Witnesses on this hearing, upon whose testimony the Court adjudged, That the testimony was not sufficient to hold the Prisoner to Bail, And that therefore the said Prisoner George Brown be released & set at liberty from under the Arrest and Committal in this Cause.
— Adjourned <​at 6 oClock P.M.​> until the first Monday in December next.
— The Witnesses George Bryant and William Lundy claimed pay for their attendance. [p. 8]
State of )
Vs)
George Brown)
In Case of Habeas Corpus.
Novr. 19th. 1842. A Petition was presented on behalf of the Prisoner, by , praying for a Writ of Habeas Corpus to issue in this Cause, from the Municipal Court, to which Petition was attached a copy of the committal under which the said George Brown was detained by Constable, said committal being upon a charge of Larceny, and under the hand and Seal of Justice of the Peace, & Which Petition is filed of Record, as also sd Copy Committal.
Same date. a Writ of Habeas Corpus issued, in compliance with the prayer of said Petition, and the Petitioner was brought before Aldermen and at five oClock this Evening, and in the absence of a majority of the Municipal Court, as also the Prosecutor, it was agreed upon by the Aldermen present, that the Court meet at ten oClock A.M. on Monday the 21st Inst, at the Mayors , and that the Prosecutor be notified thereof.
Novr. 21st. 1842. The Municipal Court sat at ten oClock A. M.— present, Aldermen , , [Gustavus] Hills, , & . was elected presiding Justice, pro tem.
The Clerk produced and read the Petition, copy of Committal, and Writ of Habeas Corpus. Which Writ was duly returned & filed.
appeared as Attorney for the Prisoner.
Esq. appeared as Col. for the Prosecutor. An Affidavit was prepared by the , approved of by the Court, sworn to by the Prisoner, and filed, setting forth his grounds for the application for this hearing, and for proceeding therein.
Same day— A Subpoena issued on behalf of the Prisoner, for George Bryant and William Lundy as Witnesses, & was duly returned and filed.
The following Persons were produced Sworn & examined. to wit. Elizer G. Terrill.— Andrew M. Groll.— Eliza Mills.— .— Charles Seidel.— .— William Lundy.— George Bryant.— Samuel Pinkham.— Michael Hughes.— Benjamin Barber. Michael McCall,— Jesse Kilgore.— and Moses Adams.—— as Witnesses on this hearing, upon whose testimony the Court adjudged, That the testimony was not sufficient to hold the Prisoner to Bail, And that therefore the said Prisoner George Brown be released & set at liberty from under the Arrest and Committal in this Cause.
— Adjourned at 6 oClock P.M. until the first Monday in December next.
— The Witnesses George Bryant and William Lundy claimed pay for their attendance. [p. 8]
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