Docket Entry, between 1 and circa 6 December 1842, Copy [City of Nauvoo v. Davis for Assault]

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  • Historical Introduction

Document Transcript

No 75
Filed Feby 28th 1843
Clerk By M. Avise D C [Deputy Clerk]
<​75​>
State of Illinois) Assault & Battery, & violation of the Ordinances of the City of .
Hancock County)
City of )
vs.)
)
Fine—— 50,00)
Mayors fees— 4,18¾)
s fees— 2,06¼)
$56,25)
Decr. 1st. 1842. Upon the Complaint of William C. Walker, upon Oath, a Warrant issued against , for assault & Battery, at the house of said , on the 1st day of Decr. 1842, also for violating the Ordinances of the City of , directed to the , & returnable before the Mayor, (who issued said Warrant,) at twelve oClock at noon on friday Decr. 2nd. 1842.
Decr 2nd. 1842. Subpoenas issued for , , Jas. I. Gilbert, Wm Thompson, Elijah Session, Michael Barns, , & David W. Matthews [Mathews], as Witnesses in the above Case, & returned, endorsed, “the above named <​names​> subpoenaed except & Session,— fees $1,00. , Marshal.”
The hearing was adjourned by Consent until 2 oClock p m this day.
Decr. 2nd. 1842.— Warrant executed as endorsed thus, “the within served & the body of the brought before & delivered to the Court. fees 31¼¢, Marshal, Decr 2nd. 1842.”
Same day.— The hearing was adjourned by Consent of all Parties, until ten oClock A. M. on tuesday next, by reason of the Witnesses for the prosecution not being served a reasonable time before the hour for appearance, & being unable to procure his Witnesses, & it being now the hour appointed for Trial.
Same day.— A further Complaint was made on Oath by said William C. Walker before Joseph Smith, Mayor, setting forth that on or about the lst. day of Decr. 1842, indecent & unbecoming language & behaviour was used towards him contrary to the Ordinance of said in such Cases made & provided, & that one is guilty of the facts above charged.
Decr. 5th. 1842. Subpoenas issued for , David W. Matthews, Michael Barns Jr., , , Jas. I. Gilbert, Wm. Thompson, & Elijah Session, as Witnesses & [blank] Seely, , Joseph A. McCall, Jas A. Easton, as Witnesses also, & returned, endorsed, “served on the within named , Joseph A. McCall, & Jas. A. Easton, fees 50¢. , Marshal.[”]
Decr, 6th. 1842. A further complaint was made on Oath by said Wm. C. Walker, before Joseph Smith, Mayor, that on or about the 1st. day of Decr. [p. [1]] Decr A. D. 1842, in the County of , & aforesaid an assault & battery was committed on the body of this Deponent, and that one is guilty of the fact charged.— Warrant issued same time to bring the body of before Joseph Smith J. P. [Justice of the Peace] forthwith, to answer the said Complaint, which Warrant was returned, endorsed, “the within served & the Body of the brought & delivered to the Court, fees 25¢, , Marshal.” pleaded not guilty.
for the Prosecution,— for .
Wm. C. Walker, Joseph A. McCall, , & James A. Easton were Sworn, examined, & cross examined as Witnesses on behalf of the . , W. H. Ralston, & Jas I. Gilbert were produced, sworn, examined, & Cross examined, as Witnesses for .
The proofs & allegations being heard, as also Counsel on both sides, It is adjudged by the Court. that be fined in and pay a <​fine or​> Sum of fifty Dollars, & full Costs of Suit, (witnesses excepted,) taxed to $6,25.
Decr. 8th. 1842. A Transcript of the Judgment & proceedings in this Cause was made out for , at his request, & delivered to him, fee recd 50¢.—
Jany. 31st. 1843.— deputy Sheriff served a notice of an Appeal in this Cause, to the Circuit Court of , which notice enjoined & required to suspend all further proceedings in relation thereto, until said Court shall make other Order to the Contrary. Witness , Clerk, Jany. 19th. 1843.—
State of Illinois)
Hancock County)
City of )
The people of the State of , to the City of said , Greeting:
I Joseph Smith, Mayor, within and for the said , do hereby Certify, that the foregoing is a true Copy from my Docket, of the proceedings and Judgment in the above Case, and that the said transcript and papers contain a full and perfect statement of all the proceedings before me in said case.
Given under my hand and Seal, this 17th. day of february A. D. 1843.—
Joseph Smith Mayor
LS [p. [2]]

Footnotes

  1. new scribe logo

    Docket and notation in handwriting of M. Avise.  

  2. new scribe logo

    Signature of JS.  

  3. 1

    TEXT: “LS” (locus sigilli, Latin for “location of the seal”) enclosed in a hand-drawn representation of a seal.