Introduction to JS v. Emmons

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Introduction to JS v. Emmons Docket Entry, circa 7 June 1844 [JS v. Emmons]
Introduction to JS v. Emmons
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JS v. Emmons

Nauvoo, Hancock Co., Illinois, Justice of the Peace Court, 7 June 1844

Historical Introduction

On 7 June 1844, JS commenced an action against
Sylvester Emmons
28 Feb. 1808–15 Nov. 1881. Lawyer, newspaper editor/publisher. Born in Readington Township, Hunterdon Co., New Jersey. Son of Abraham Emmons and Margaret Vlerebome. Moved to Philadelphia, 1831. Moved to Illinois, 1840. Admitted to bar in Hancock Co., Illinois...
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for a debt of $22.75. The circumstances of the debt are unknown. The complaint was brought before
Aaron Johnson
22 June 1806–10 May 1877. Farmer, gunmaker. Born in Haddam, Middlesex Co., Connecticut. Son of Didymus Johnson and Ruhamah Stephens. Joined Methodist church, early 1820s. Married Polly Zeruah Kelsey, 13 Sept. 1827, in New Haven, New Haven Co., Connecticut...
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, a justice of the peace in
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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, Illinois, and Johnson issued a summons for Emmons to appear before him on 22 June.
1
The law specified that the trial could not be “less than five, nor more than fifteen days from the date of such summons.” (An Act Concerning Justices of the Peace and Constables [1 June 1827], Public and General Statute Laws of the State of Illinois, p. 403, sec. 3.)
Comprehensive Works Cited
The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.
JS also requested subpoenas be issued for
Lucien Woodworth
3 Apr. 1799–after 1860. Architect, laborer, carpenter. Born in Thetford, Orange Co., Vermont. Married Phebe Watrous. Moved to Ellisburg, Jefferson Co., New York, by 1830; to Missouri, by 1839; and to Nauvoo, Hancock Co., Illinois, by 1841. Architect of Nauvoo...
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and
Eliza Partridge
20 Apr. 1820–2 Mar. 1886. Tailor, teacher. Born in Painesville, Geauga Co., Ohio. Daughter of Edward Partridge and Lydia Clisbee. Moved to Independence, Jackson Co., Missouri, winter 1832–1833; to Clay Co., Missouri, Nov. 1833; to Far West, Caldwell Co., ...
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.
2
Docket Entry, between 7 and ca. 22 June 1844 [JS v. Emmons]. Justices of the peace had jurisdiction of cases involving debts due on promissory notes, contracts, or written agreements that did “not exceed one hundred dollars.” (An Act Concerning Justices of the Peace and Constables [1 June 1827], Public and General Statute Laws of the State of Illinois, p. 402, sec. 1.)

JS had associated with
Emmons
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under a variety of circumstances. Emmons had served as legal counsel to clients against whom JS had filed complaints,
3
Introduction to City of Nauvoo v. Davis for Slander of JS–A; Introduction to City of Nauvoo v. Hunter.
and during JS’s tenure as mayor 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....
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, Emmons served as a member of the city council.
4
Records of Attendance of City Council, 1842–1845, Nauvoo, IL, Records, CHL; see the attendance for 1843, online frame no. 18.
Nauvoo, IL. Records, 1841–1845. CHL. MS 16800.
He also acted as editor of the Nauvoo Expositor,
5
JS, Journal, 7 June 1844.
a newspaper devoted to criticizing JS and the church. The contents of the paper’s first and only issue on 7 June were deemed so inflammatory that the Nauvoo City Council declared it a nuisance and ordered JS, as mayor, to destroy it.
6
JS, Journal, 10 June 1844. For a discussion of legal issues surrounding the actions of the city council and JS as mayor, see Oaks, “Legally Suppressing the Nauvoo Expositor in 1844,” 427–459.
Oaks, Dallin H. “Legally Suppressing the Nauvoo Expositor in 1844.” In Sustaining the Law: Joseph Smith’s Legal Encounters, edited by Gordon A. Madsen, Jeffrey N. Walker, and John W. Welch, 427–459. Provo, UT: BYU Studies, 2014.
That same day, JS commenced this action against Emmons for a debt.

The destruction of the Expositor caused a great deal of excitement among area residents who opposed the Latter-day Saints.
7
JS, Journal, 22 June 1844; Editorial Note following 22 June 1844 entry in JS, Journal.
By 22 June, the day set for the trial,
Woodworth
3 Apr. 1799–after 1860. Architect, laborer, carpenter. Born in Thetford, Orange Co., Vermont. Married Phebe Watrous. Moved to Ellisburg, Jefferson Co., New York, by 1830; to Missouri, by 1839; and to Nauvoo, Hancock Co., Illinois, by 1841. Architect of Nauvoo...
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, one of the witnesses subpoenaed, was sent to
Carthage
Located eighteen miles southeast of Nauvoo. Settled 1831. Designated Hancock Co. seat, Mar. 1833. Incorporated as town, 27 Feb. 1837. Population in 1839 about 300. Population in 1844 about 400. Site of acute opposition to Latter-day Saints, early 1840s. Site...
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, Illinois, to speak with Governor
Thomas Ford
5 Dec. 1800–3 Nov. 1850. Schoolteacher, newspaperman, lawyer, politician, judge, author. Born in Uniontown, Fayette Co., Pennsylvania. Son of Robert Ford and Elizabeth Logue Forquer. Moved to St. Louis, 1804; to New Design (later American Bottom), Randolph...
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about the escalating tensions, and by day’s end JS was on his way to
Iowa Territory
Area acquired by U.S. in Louisiana Purchase, 1803. First permanent white settlements established, ca. 1833. Organized as territory, 1838, containing all of present-day Iowa, much of present-day Minnesota, and parts of North and South Dakota. Population in...
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to avoid arrest.
8
Historical Introduction to Appendix 1: Willard Richards, Journal Excerpt, 23–27 June 1844.
In these circumstances,
Emmons
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’s hearing did not occur, and it is unknown if the case was ever settled. The only extant case document is a brief entry in
Johnson
22 June 1806–10 May 1877. Farmer, gunmaker. Born in Haddam, Middlesex Co., Connecticut. Son of Didymus Johnson and Ruhamah Stephens. Joined Methodist church, early 1820s. Married Polly Zeruah Kelsey, 13 Sept. 1827, in New Haven, New Haven Co., Connecticut...
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’s docket book.

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.

1844 (4)
June (4)
7 June 1844
JS, Bill, Nauvoo, Hancock Co., IL
7 June 1844. Not extant.
1
See Docket Entry, between 7 and ca. 22 June 1844 [JS v. Emmons].

Ca. 7 June 1844
Summons, for Sylvester Emmons, Nauvoo, Hancock Co., IL
Ca. 7 June 1844. Not extant.
1
See Docket Entry, between 7 and ca. 22 June 1844 [JS v. Emmons]. It appears that the return date recorded in the docket entry was originally written as 25 June but later written over to change to 22 June.

Ca. 7 June 1844
Subpoena, for Lucien Woodworth and Eliza Partridge, Nauvoo, Hancock Co., IL
Ca. 7 June 1844. Not extant.
1
See Docket Entry, between 7 and ca. 22 June 1844 [JS v. Emmons].

Ca. 7 June 1844
Docket Entry, Nauvoo, Hancock Co., IL
Ca. 7 June 1844; Robinson and Johnson, Docket Book, 251, Collection of Manuscripts about Mormons, 1832–1954, Chicago History Museum; handwriting of Aaron Johnson.

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Footnotes
[1]
The law specified that the trial could not be “less than five, nor more than fifteen days from the date of such summons.” (An Act Concerning Justices of the Peace and Constables [1 June 1827], Public and General Statute Laws of the State of Illinois, p. 403, sec. 3.)
[2]
Docket Entry, between 7 and ca. 22 June 1844 [JS v. Emmons]. Justices of the peace had jurisdiction of cases involving debts due on promissory notes, contracts, or written agreements that did “not exceed one hundred dollars.” (An Act Concerning Justices of the Peace and Constables [1 June 1827], Public and General Statute Laws of the State of Illinois, p. 402, sec. 1.)
[3]
Introduction to City of Nauvoo v. Davis for Slander of JS–A; Introduction to City of Nauvoo v. Hunter.
[4]
Records of Attendance of City Council, 1842–1845, Nauvoo, IL, Records, CHL; see the attendance for 1843, online frame no. 18.
Nauvoo, IL. Records, 1841–1845. CHL. MS 16800.
[5]
JS, Journal, 7 June 1844.
[6]
JS, Journal, 10 June 1844. For a discussion of legal issues surrounding the actions of the city council and JS as mayor, see Oaks, “Legally Suppressing the Nauvoo Expositor in 1844,” 427–459.
Oaks, Dallin H. “Legally Suppressing the Nauvoo Expositor in 1844.” In Sustaining the Law: Joseph Smith’s Legal Encounters, edited by Gordon A. Madsen, Jeffrey N. Walker, and John W. Welch, 427–459. Provo, UT: BYU Studies, 2014.
[7]
JS, Journal, 22 June 1844; Editorial Note following 22 June 1844 entry in JS, Journal.
[8]
Historical Introduction to Appendix 1: Willard Richards, Journal Excerpt, 23–27 June 1844.