Account of Hearing, 10 February 1843, as Reported by James Sloan [State of Illinois v. Olney]

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Document Transcript

State of Ills.)
Hancock Coy.)
City of )
Before the Mayor, at his in said , on friday Evg. feby. 10th. 1843.
The proceedings of an examination touching Goods which had been stolen from the Store of , & this day found in the dwelling house of ,
Mayor stated the Ct was ready to hear any statements that may think proper to make.
States he went to that Store, took out all the Goods, & no Person with him,— not the first person knows of the taking of the Goods, but himself, he was alone, & done it out of sheer necessity.
Mr Br knows no more about that than the Babe unborn,— all taken by himself from the Store of on Mulholland Street, on 23rd. January last.
not all carried to his House that night.— took only a little piece from the Store, into a field, got in by the Window after Ten at night bored <​in only through​> a light board, <​& took off boards​> kept in his house since, were just as they are now, no person frequenting his house, after ten at night, no persons moving about, Carried them at abt 7 or 8 times, under his Arm, he cut off off the making of a Couple Gowns for his little Girls, & cut them out & Girls made them, he told he got it at , did not sell any goods to any person, has no Wife, or persons to keep house, but his Girls, he lives in a part of the house that lives in, only a partition Wall between them.— got flannel made up by Mrs Roberts into Shirts.— Reason he took Goods he was out of Clothing, did not intend to sell them, had not made up his mind, intended to use them for himself. No teachings were ever received by him <​from the Church of latter day Saints​> to induce or influence him to Steal those Goods, & that Joseph Smith the Mayor told him the influences he was working under were false, unfounded, & of the Devil.
I took those Goods from the Store of on Mulholland Street in the City of .—
I bored the board & took it off the Window; entered the Store took the Goods & Returned with them into the Street. [p. [1]] <​through the window​> The Board was nailed or fastened to the Window. between 9 oClock at night, & one oClock in the morn.g., have kept the same Goods in his house since taken from the Store, until taken by the Officers. it was I entered the Store & took the Goods in Jany 1843 & the Goods that are now here & were taken from me by the officers are the same Goods I took from the Store with the exception of a few Articles which I had used before the Officers took the Goods.—
The fifty Dollar Bill <​here​> produced on the Bank of Alabama, is the same Bill I took from the Store amongst the Goods. I found it in a Wallet amongst the Goods, and the Wallet now produced is the same Wallet in which I found the Bill with other papers which I burned. [remainder of page blank] [p. [2]]
— Sworn. there was a piece of Cloth handed to her by to make for him— did not tell her where he got it— did not tell her it was no harm to Steal, came to her house abt the 1st feby. with the Cloth, & identifies a piece of the Cloth that was left— dont recollect informing any person abt the Cloth. never told her where he got it, Recognized the Cloth.— He did not bring any other Goods to her.— dont know of any other person getting any Goods of lately.— did not ask him the question where He got the Goods, nor did he tell her.— the dress now upon the little Girl, is the one she made for her out of the Cloth that brought to her for that purpose—
Mary Olney— Sworn— never saw these goods before,— saw a piece of Cloth, now produced to her, about <​2 or 3​> on th Weeks ago, which was tken to to get some Clothes made of dont know where her got it, don’t know of her father being out at night 2 or 3 Weeks ago,— & identifies a Chest now shewn to her as one her had & was kept in his house for a long time, used to keep their Clothing in it, used to go to it when she wished to, it was not locked, took their things out of it & carried them to the Chamber by directions of her , & left the Chest empty, never noticed whether the <​Chest​> was fastened since, did not know what was in it, did not see it opened. she is oldest of the Children, & did not see any of the others at the Chest, her did not empty a Chest up Stairs, she did not see any goods up Stairs that were not there before.— identifies a Bag, belongs to her , it was up Stairs, has a mark on it, is not certain if it be his, thinks it is his, saw it there.
says a pair of Shoes produced to her are her Sisters, that her got them for her a few Weeks ago, her did not say where he got the Goods that made the dresses for her & her Sister.— [p. [3]]
[blank]
. Sworn— these are my goods & are the same which were taken from my Store on the night of Monday the 23rd Jany. last, or morning of the 24th, Window was boarded up inside, left Store about 9 oClock, & next morning was told Store was open, this Window was on the back side of the Store, left Window closed when he left it, Window boards were nailed up well, with inch Boards he thinks, & they were forced open, he suspected to be the person who took the Goods, from seeing a Red flannel Shirt on him, this morning.— & was seen Coming home the morning after the goods were Stolen, & had not seen him for a Week before after.— he then got a Search Warrant, & found his Goods in s House, s Wife asked was he at home on the night of the 23rd Jany., & he said he was, although he was seen coming home the next morning.—
. Sworn. these are s Goods, witness put them up in the Store, & has been with ever since the Goods were put in the Store—
. Sworn— the night before s Store was broken, borrowed an Auger from Witness, & has not Returned it, it was Scant an inch & quarter, & the holes bored in the Window are about the Size it wd make.— told Witness that things in these last days wd become Slippery, & that they wd be <​become​> missing misteriously.— never heard him say it was right to Steal.— heard him say if the Mob came in, <​to this place​> s Cellar wd be a good place to put plunder into <​that wd be picked up​> or if people left the place, & put their plunder there, they wd be found when they came back,— they were talking of getting the Riches of the Earth, <​the time of wh​> which said would Come about. [p. [4]]
Mr , Sworn— went with the to s, search was made there, & many of the Goods he now sees were found there.— [four lines blank]
<​ discharged, <​upon <​hearing​> the testimony produced,​> no evidence​>
Court. is to <​be held to​> give Bail in a Sum of five thousand Dollars to appear at the next Circuit Court to be held at , <​Hancock Co Ills, on the first day <​thereof​>​> or be Committed to the County Jail of said for <​to abide​> his Trial, & that And the Witnesses , , , , Mary Olney, & to be <​each​> bound in a Recognizance to appear & prosecute. [remainder of page blank] [p. [5]]