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Introduction to C. A. Foster v. JS and Coolidge

C. A. Foster v. JS and Coolidge
Hancock Co., Illinois, Circuit Court, 28 May 1844
McDonough Co., Illinois, Circuit Court, circa August 1844
 
Historical Introduction
On 9 May 1844, initiated a civil lawsuit against JS in the circuit court of , Illinois, for and personal injury. The case followed a long-standing conflict between the two men.
had moved to by 1843, presumably to be near his older brother , a Latter-day Saint physician, businessman, and justice of the peace. Charles Foster was not a member of the church; rather, he was apparently a Methodist. It is unclear when or why he became a critic of the church and its leaders. However, JS suspected that Foster was the author of a severely critical letter published anonymously in a newspaper in late January 1844. At a public meeting in on 7 March, JS identified multiple individuals who had criticized and challenged Nauvoo’s government officials by initiating lawsuits and by resisting municipal law enforcement officers as they attempted to enforce city ordinances. Without naming him, JS insinuated in the discourse that Foster was the author of the disparaging letter, and a confrontation between the two men ensued, resulting in JS fining Foster for disrupting the meeting.
On 12 April 1844, recounted the event in a letter to the Warsaw Signal, calling JS a “Tyrant,” a “Monster in human shape,” and a “modern impostor.” Foster criticized the Nauvoo City Council and the ordinances it passed as “a mimicry of law, compounded by hypocrisy and absurdity; and their [city officials’] justice is not worthy the name.” He predicted that his defiance of JS would result in serious repercussions, perhaps even his death, but said he would be satisfied “if the forfeiture of [his] life should lead to a general investigation, and purification of the iniquities that prevail[ed]” in . Even as Foster increased his public opposition, his brother renounced the church and was reportedly involved in a conspiracy to kill JS. Robert Foster was excommunicated alongside other dissenters for “unchristianlike conduct” on 18 April.
On 26 April 1844, the Foster brothers were involved in a confrontation with law enforcement officers. At root, the altercation was a protest against the legitimacy of Nauvoo city officials and the ordinances passed by the city council. Earlier that day, had quarreled with his brother , a Latter-day Saint, who accused Augustine of choking him and of criticizing JS. After Orson informed JS of the altercation, JS, as mayor, sent , who was not a peace officer, without a warrant to apprehend Augustine Spencer “for a breach of the Peace” and for violating a city ordinance that prohibited “ridiculing abusing, or otherwise depreciating another in consequence of his religion.” The ordinance made it the duty of the mayor to have “all such violators” arrested, “either with or ,” which likely explains why JS sent Rockwell without a warrant to arrest Spencer.
approached at the law office of , which was apparently located on the bluff near where the was being built. Spencer refused to be taken into custody without a warrant. Rockwell then called on city marshal for assistance. When the marshal was likewise unable to apprehend Spencer—presumably because he too lacked a warrant—Greene requested three men, and the Foster brothers, to help him in taking in Spencer. They refused, insisting that Greene needed a warrant and “saying they would see the Mayor and the city damned.” At that point, the marshal left and asked JS for a warrant, which was granted, and Greene subsequently detained Spencer.
and the Fosters followed down the hill and for several blocks as he brought to the steps outside the mayor’s office, located above near the . JS was apprised that the three men had earlier refused to aid Greene in the discharge of his duty, in violation of a city ordinance that prohibited “refusing to obey any civil officer executing the ordinances of the City.” JS therefore ordered the marshal to detain them as well. When they resisted, JS attempted to restrain the Foster brothers. In response, pointed a double-barreled pistol at him, allegedly saying that “he would thank God for the privilege of rid[d]ing the world of a tyrant.” Latter-day Saint helped JS disarm Charles Foster and detain him, as well as and Higbee. They remained in custody, without process, while JS initiated legal proceedings in the mayor’s court. He first tried and convicted Augustine Spencer of assaulting . JS then presided at the trial of the Fosters and Higbee “for resisting the auhoities [authorities] of the city.” Based on testimony from , Greene, Coolidge, and , JS convicted the Fosters and Higbee of violating the ordinance requiring citizens to assist civil officers and fined them $100 each.
The Foster brothers and disdained these legal proceedings and the city ordinances that they were based on. The Nauvoo Expositor, a dissident newspaper owned by the three men and other opponents of the church, later published an editorial on the incident that recounted that they had been convicted “for the very enormous offence of refusing to assist the notorious , and his ‘dignity,, in arresting a respectable and peaceble citizen, without the regular process of papers.” The editorial further promised that in a future issue of the paper, the dissidents would “express [their] views fully and freely upon this feature of Mormon usurpation; first, enact a string of ordinances contrary to reason and common sense, and then inflict the severest penalties for not observing them.” Although the promised critique of city ordinances and their enforcement never materialized—the city government destroyed the Expositor’s press as a nuisance following the publication of the newspaper’s first issue—the Fosters and Higbee did later seek to challenge not only their convictions but also, indirectly, the legitimacy of the city ordinances in a series of legal actions in state courts. They appealed JS’s ruling, first to the Nauvoo Municipal Court and then to the Circuit Court, following the process defined in Nauvoo’s . In addition, Higbee filed a criminal complaint against for false imprisonment.
As part of this effort, filed his civil suit against JS and on 9 May 1844, with the case scheduled to be heard in the Circuit Court during the May 1844 term. The suit, which was filed as a common law of , accused the men of false imprisonment and causing personal injury during the 26 April altercation, with Foster seeking $1,000 in damages. Following the common law system, Foster’s attorneys— and —filed a that claimed the defendants had seized Foster on 26 April 1844, leaving him “badly bruised and ill treated.” The declaration also alleged that JS and Coolidge had detained Foster “without any reasonable or probable cause whatsoever for a long time To Wit one day.”
JS retained the services of , an attorney in Macedonia, Illinois, who was also a prominent Latter-day Saint and a member of JS’s , as well as lawyers and , to defend him in the suit. On JS’s behalf, Babbitt wrote a set of around 27 May 1844 that denied ’s claim and summarized the grounds upon which he had been detained in accordance with city ordinances. Babbitt also submitted certified copies of two ordinances to the court. Both parties agreed to submit the case to a jury.
On 29 May, ’s attorneys filed a arguing that the second, third, and fourth pleas were “not sufficient in law” and that Foster was “not bound by law to answer the same.” The document did not, however, specify the reasons for this challenge. At the courthouse in , Illinois, Judge of the fifth judicial circuit heard oral arguments, which were not recorded. He then sustained the demurrer. The demurrer did not mention the first plea—which contained JS’s and ’s general denial of Foster’s claims in the declaration—thereby sending the question of whether JS and Coolidge had falsely imprisoned and injured Foster to the jury to decide. At Foster’s request, Thomas changed the venue to the Circuit Court, where the case was scheduled to be heard at the August 1844 term. The case was apparently dismissed before the jury trial could be held.
 
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.
C. A. Foster v. JS and Coolidge
Hancock Co., Illinois, Circuit Court, 28 May 1844
McDonough Co., Illinois, Circuit Court, circa August 1844
 
Historical Introduction
On 9 May 1844, initiated a civil lawsuit against JS in the circuit court of , Illinois, for and personal injury. The case followed a long-standing conflict between the two men.
had moved to by 1843, presumably to be near his older brother , a Latter-day Saint physician, businessman, and justice of the peace. Charles Foster was not a member of the church; rather, he was apparently a Methodist. It is unclear when or why he became a critic of the church and its leaders. However, JS suspected that Foster was the author of a severely critical letter published anonymously in a newspaper in late January 1844. At a public meeting in on 7 March, JS identified multiple individuals who had criticized and challenged Nauvoo’s government officials by initiating lawsuits and by resisting municipal law enforcement officers as they attempted to enforce city ordinances. Without naming him, JS insinuated in the discourse that Foster was the author of the disparaging letter, and a confrontation between the two men ensued, resulting in JS fining Foster for disrupting the meeting.
On 12 April 1844, recounted the event in a letter to the Warsaw Signal, calling JS a “Tyrant,” a “Monster in human shape,” and a “modern impostor.” Foster criticized the Nauvoo City Council and the ordinances it passed as “a mimicry of law, compounded by hypocrisy and absurdity; and their [city officials’] justice is not worthy the name.” He predicted that his defiance of JS would result in serious repercussions, perhaps even his death, but said he would be satisfied “if the forfeiture of [his] life should lead to a general investigation, and purification of the iniquities that prevail[ed]” in . Even as Foster increased his public opposition, his brother renounced the church and was reportedly involved in a conspiracy to kill JS. Robert Foster was excommunicated alongside other dissenters for “unchristianlike conduct” on 18 April.
On 26 April 1844, the Foster brothers were involved in a confrontation with law enforcement officers. At root, the altercation was a protest against the legitimacy of Nauvoo city officials and the ordinances passed by the city council. Earlier that day, had quarreled with his brother , a Latter-day Saint, who accused Augustine of choking him and of criticizing JS. After Orson informed JS of the altercation, JS, as mayor, sent , who was not a peace officer, without a warrant to apprehend Augustine Spencer “for a breach of the Peace” and for violating a city ordinance that prohibited “ridiculing abusing, or otherwise depreciating another in consequence of his religion.” The ordinance made it the duty of the mayor to have “all such violators” arrested, “either with or ,” which likely explains why JS sent Rockwell without a warrant to arrest Spencer.
approached at the law office of , which was apparently located on the bluff near where the was being built. Spencer refused to be taken into custody without a warrant. Rockwell then called on city marshal for assistance. When the marshal was likewise unable to apprehend Spencer—presumably because he too lacked a warrant—Greene requested three men, and the Foster brothers, to help him in taking in Spencer. They refused, insisting that Greene needed a warrant and “saying they would see the Mayor and the city damned.” At that point, the marshal left and asked JS for a warrant, which was granted, and Greene subsequently detained Spencer.
and the Fosters followed down the hill and for several blocks as he brought to the steps outside the mayor’s office, located above near the . JS was apprised that the three men had earlier refused to aid Greene in the discharge of his duty, in violation of a city ordinance that prohibited “refusing to obey any civil officer executing the ordinances of the City.” JS therefore ordered the marshal to detain them as well. When they resisted, JS attempted to restrain the Foster brothers. In response, pointed a double-barreled pistol at him, allegedly saying that “he would thank God for the privilege of rid[d]ing the world of a tyrant.” Latter-day Saint helped JS disarm Charles Foster and detain him, as well as and Higbee. They remained in custody, without process, while JS initiated legal proceedings in the mayor’s court. He first tried and convicted Augustine Spencer of assaulting . JS then presided at the trial of the Fosters and Higbee “for resisting the auhoities [authorities] of the city.” Based on testimony from , Greene, Coolidge, and , JS convicted the Fosters and Higbee of violating the ordinance requiring citizens to assist civil officers and fined them $100 each.
The Foster brothers and disdained these legal proceedings and the city ordinances that they were based on. The Nauvoo Expositor, a dissident newspaper owned by the three men and other opponents of the church, later published an editorial on the incident that recounted that they had been convicted “for the very enormous offence of refusing to assist the notorious , and his ‘dignity,, in arresting a respectable and peaceble citizen, without the regular process of papers.” The editorial further promised that in a future issue of the paper, the dissidents would “express [their] views fully and freely upon this feature of Mormon usurpation; first, enact a string of ordinances contrary to reason and common sense, and then inflict the severest penalties for not observing them.” Although the promised critique of city ordinances and their enforcement never materialized—the city government destroyed the Expositor’s press as a nuisance following the publication of the newspaper’s first issue—the Fosters and Higbee did later seek to challenge not only their convictions but also, indirectly, the legitimacy of the city ordinances in a series of legal actions in state courts. They appealed JS’s ruling, first to the Nauvoo Municipal Court and then to the Circuit Court, following the process defined in Nauvoo’s . In addition, Higbee filed a criminal complaint against for false imprisonment.
As part of this effort, filed his civil suit against JS and on 9 May 1844, with the case scheduled to be heard in the Circuit Court during the May 1844 term. The suit, which was filed as a common law of , accused the men of false imprisonment and causing personal injury during the 26 April altercation, with Foster seeking $1,000 in damages. Following the common law system, Foster’s attorneys— and —filed a that claimed the defendants had seized Foster on 26 April 1844, leaving him “badly bruised and ill treated.” The declaration also alleged that JS and Coolidge had detained Foster “without any reasonable or probable cause whatsoever for a long time To Wit one day.”
JS retained the services of , an attorney in Macedonia, Illinois, who was also a prominent Latter-day Saint and a member of JS’s , as well as lawyers and , to defend him in the suit. On JS’s behalf, Babbitt wrote a set of around 27 May 1844 that denied ’s claim and summarized the grounds upon which he had been detained in accordance with city ordinances. Babbitt also submitted certified copies of two ordinances to the court. Both parties agreed to submit the case to a jury.
On 29 May, ’s attorneys filed a arguing that the second, third, and fourth pleas were “not sufficient in law” and that Foster was “not bound by law to answer the same.” The document did not, however, specify the reasons for this challenge. At the courthouse in , Illinois, Judge of the fifth judicial circuit heard oral arguments, which were not recorded. He then sustained the demurrer. The demurrer did not mention the first plea—which contained JS’s and ’s general denial of Foster’s claims in the declaration—thereby sending the question of whether JS and Coolidge had falsely imprisoned and injured Foster to the jury to decide. At Foster’s request, Thomas changed the venue to the Circuit Court, where the case was scheduled to be heard at the August 1844 term. The case was apparently dismissed before the jury trial could be held.
 
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.
 
  • 1841 (2)
    • March (2)
      1 March 1841

      Nauvoo City Council, Ordinance, Copy, Nauvoo, Hancock Co., IL, 1 Mar. 1841–D

      • 25 May 1844; McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; handwriting of Thomas Bullock; signature of Willard Richards; docket in handwriting of Thomas Bullock; docket and notation in handwriting of David E. Head; notation in handwriting of James M. Campbell.
      1 March 1841

      Nauvoo City Council, Ordinance, Copy, Nauvoo, Hancock Co., IL,1 Mar. 1841–E

      • 25 May 1844; McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; handwriting of Thomas Bullock; signature of Willard Richards; docket in handwriting of Thomas Bullock; docket and notation probably in handwriting of David E. Head; notation in handwriting of James M. Campbell.
 
Hancock Co., Illinois, Circuit Court
  • 1844 (25)
    • May (18)
      9 May 1844

      Chauncey L. Higbee and Sylvester Emmons on behalf of Charles A. Foster, Praecipe, to Hancock Co. Circuit Court Clerk, Hancock Co., IL

      • 9 May 1844; McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; handwriting of David E. Head; signature block in handwriting of Chauncey L. Higbee; docket and notation in handwriting of David E. Head; notation in handwriting of James M. Campbell.
      9 May 1844

      David E. Head on behalf of Jacob B. Backenstos, Summons, to Hancock Co. Sheriff, for JS and Joseph W. Coolidge, Carthage, Hancock Co., IL

      • 9 May 1844; McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; 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 John D. Parker; notation in handwriting of David E Head; notation in handwriting of James M. Campbell.
      Ca. 9 May 1844

      Chauncey L. Higbee and Sylvester Emmons on behalf of Charles A. Foster, Declaration, Hancock Co., IL

      • Ca. 9 May 1844; McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; handwriting of Sylvester Emmons; docket in handwriting of Sylvester Emmons; notation in handwriting of David E. Head; notation in handwriting of James M. Campbell.
      10 May 1844

      Chauncey L. Higbee and Sylvester Emmons on behalf of Charles A. Foster, Praecipe, to Hancock Co. Circuit Court Clerk, Hancock Co., IL

      • 10 May 1844; McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; handwriting of Sylvester Emmons; docket and notation in handwriting of David E. Head; notation in handwriting of James M. Campbell.
      10 May 1844

      David E. Head on behalf of Jacob B. Backenstos, Subpoena, to Hancock Co. Sheriff, for Augustine Spencer and Others, Carthage, Hancock Co., IL

      • 10 May 1844; McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; 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 and John D. Parker; notation in handwriting of David E. Head; notation in handwriting of James M. Campbell.
      Ca. 20 May 1844

      Almon Babbitt on behalf of JS and Joseph W. Coolidge, Praecipe, to Hancock Co. Circuit Court Clerk, Hancock Co., IL

      • Ca. 20 May 1844; McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; handwriting of Almon Babbitt; docket in handwriting of Almon Babbitt; notation in handwriting of Jacob B. Backenstos; notation in handwriting of James M. Campbell.
      21 May 1844

      Jacob B. Backenstos, Subpoena, to Hancock Co. Sheriff, for Elbridge Tufts, Carthage, Hancock Co., IL

      • 21 May 1844; McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; printed form with manuscript additions in handwriting of Jacob B. Backenstos; docket printed with manuscript additions in handwriting of Jacob B. Backenstos; notation printed with manuscript additions presumably in handwriting of J. A. Kelling; notation printed with manuscript additions in handwriting of William Backenstos; notation in handwriting of James M. Campbell.
      Ca. 21 May 1844

      Almon Babbitt and Others on behalf of JS and Joseph W. Coolidge, Demurrer, Hancock Co., IL

      • Ca. 21 May 1844; McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; handwriting of Almon Babbitt and Onias Skinner; docket in handwriting of Almon Babbitt; notation in handwriting of Jacob B. Backenstos; notation in handwriting of James M. Campbell.
      22 May 1844

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

      23 May 1844

      Charles A. Foster, Affidavit, before Jacob B. Backenstos, Carthage, Hancock Co., IL

      • 23 May 1844; McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; handwriting of Charles A. Foster; certified by Jacob B. Backenstos; docket in handwriting of Charles A. Foster; notation in handwriting of Jacob B. Backenstos; notation in handwriting of James M. Campbell.
      24 May 1844

      Robert D. Foster, Affidavit, before Jacob B. Backenstos, Carthage, Hancock Co., IL

      • 24 May 1844; McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; printed form with manuscript additions in handwriting of Robert D. Foster; possibly certified by Jacob B. Backenstos; docket and notation in handwriting of David E. Head; notation in handwriting of James M. Campbell.
      27 May 1844

      Docket Entry, Withdrawn Demurrer, Carthage, Hancock Co., IL

      Ca. 27 May 1844

      Almon Babbitt and Skinner & Bachman on behalf of JS and Joseph W. Coolidge, Pleas, Hancock Co., IL

      • Ca. 27 May 1844; McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; handwriting of Almon Babbitt, William Marr, and unidentified scribe; docket in handwriting of Almon Babbitt; docket in unidentified handwriting; docket and notations in handwriting of David E. Head; notations in handwriting of James M. Campbell.
      28 May 1844

      Elbridge Tufts, Affidavit, before Jacob B. Backenstos, Carthage, Hancock Co., IL, 28 May 1844–A

      • 28 May 1844; McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; printed form with manuscript additions in unidentified handwriting; signature presumably of Elbridge Tufts; docket and notation in handwriting of David E. Head; notation in handwriting of James M. Campbell.
      28 May 1844

      James Goff, Affidavit, before Jacob B. Backenstos, Carthage, Hancock Co., IL, 28 May 1844–B

      • 28 May 1844; McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; printed form with manuscript additions in unidentified handwriting; signature presumably of James Goff; docket and notation in handwriting of David E. Head; notation in handwriting of James M. Campbell.
      28 May 1844

      Docket Entry, Motion, Change of Venue, and Pleas, Carthage, Hancock Co., IL

      Ca. 28 May 1844

      Warren & Higbee and William Marr on behalf of Charles A. Foster, Demurrer, Hancock Co., IL

      • Ca. 28 May 1844; McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; handwriting probably of William Marr; docket probably in handwriting of William Marr; notation in handwriting of Jacob B. Backenstos; notation in handwriting of James M. Campbell.
      29 May 1844

      Docket Entry, Sustained Demurrer, Carthage, Hancock Co., IL

    • August (5)
      10 August 1844

      Docket Entry, Fee Bill, Carthage, Hancock Co., IL

      10 August 1844

      Bill of Costs, Carthage, Hancock Co., IL, 10 Aug. 1844–A

      10 August 1844

      Bill of Costs, Carthage, Hancock Co., IL, 10 Aug. 1844–B

      10 August 1844

      Transcript of Proceedings, Carthage, Hancock Co., IL

      • 10 Aug. 1844; McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; handwriting of Jacob B. Backenstos; certifications printed with manuscript additions in handwriting of Jacob B. Backenstos; certified by Jacob B. Backenstos; docket in handwriting of Jacob B. Backenstos; notation in handwriting of James M. Campbell.
      16 August 1844

      Fee Bill, Carthage, Hancock Co., IL

    • October (1)
      Between 16 August and ca. 24 October 1844

      Docket Entry, Fee Bill, Carthage, Hancock Co., IL

      • Between 16 Aug. and ca. 24 Oct. 1844; Hancock County Circuit Court, Execution Docket, vol. B, p. [154], Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; handwriting of Jacob B. Backenstos and David E. Head.
    • November (1)
      4 November 1844

      Docket Entry, Certificate of Levy, Carthage, Hancock Co., IL

      • 4 Nov. 1844; Hancock County Certificates of Levy, vol. 1, p. 28, FHL; unidentified handwriting.
 
McDonough Co., Illinois, Circuit Court