Docket Entry, between 10 February and circa 5 May 1843 [State of Illinois v. Olney]

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Document Transcript

Burglary and Larceny.
Copy Affidavit.
State of Illinois) S.S. [scilicet]
Hancock County)
City of )
being duly sworn, deposeth and Saith, that on the night of the 23rd. of January last, some person or persons to him unknown broke open his Store and took therefrom goods Wares and money to the amount of about One thousand Dollars, and have secreted or carried away the same, and that he has good reason to believe that the said goods or some of them are concealed in the house of one , and Saith no further,
.
Subscribed & sworn to before me this 10th. day of Feby. 1843.
Joseph Smith, Mayor
The following is a copy of the Warrant granted upon the foregoing Oath.—
State of Illinois) S.S. [scilicet]
Hancock County)
City of )
The State of to all Sheriffs, Marshals, Coroners, and Constables of said ; Greeting: Whereas it appears to me Joseph Smith, Mayor of the said City of , in said , that the following Goods and Chattels, to wit: blue drilling and red flannel, and a fifty Dollar Bill on the Planters Bank of Alabama, and 2 Shares of Stock in the , and other Goods, were on the 23rd. of January last feloniously taken, stolen and carried away out of the house of of said , and that the said doth on Oath declare that he verily believes that the said goods and Chattels or part of them, are concealed in the house of one , in the said and aforesaid.— These are therefore to Command you in the name of the people of the State of with the necessary and proper assistance, to enter in the day time, the house of the said or of said , and aforesaid, and there diligently search for the said goods and Chattels, and if the same or any part thereof be found upon such search, that you bring the said Goods so found and also the Body of the said forthwith before me, or some Alderman of said to be disposed of and dealt with according to law.— Given under my hand and Seal this 10th. day of february 1843.— Joseph Smith, Mayor. L. S.
The following is the return made on the foregoing Warrant.—
I have executed this Writ and have the Goods here present before you together with the bodies of , and , in whose houses I found the aforesaid property. this 10th. day of february 1843, at .
.— Con. [p. 45]
The Mayor stated that the <​Court​> was ready to hear any Statements that might think proper to make. the Prisoner, then stated as follows, to wit:
I went to that Store, took out all the Goods, and no person with me, not the first Person knows of the taking of the Goods but myself. I was alone, and done it out of sheer necessity. knows no more about it than the babe unborn. All taken by myself from the Store of on Mulholland Street, on 23rd. January last. not all carried to my 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, and took off the boards. the goods were kept in my house since. they were just as they are now. no person was frequenting my house. it was after ten at night. no persons moving about. carried them at about seven or eight times, under my arm. I cut off the making of a couple of gowns for my little Girls, and cut them out, and the Girls made them. I told I got it at . I did not sell any goods to nay person. have no Wife nor any person to keep house but my little girls. live in a part of the house that the prosecutor lives in. only a partition Wall between us. got flannel made into Shirts by Mrs. Roberts. the reason I took the goods was, because I was out of clothing. did not intend to sell them, had not made up my mind. intended to use them for myself. no teachings were ever received by me from the Church of latter day Saints, to induce or influence me to steal these goods. Joseph Smith the Mayor told me the influences I was working under were false, unfounded, and of the devil. I took those goods from the Store of , on Mulholland Street in the City of . I bored the board and took it off the Window, entered the Store, took the Goods and returned with them into the Street, through the Window. The board was nailed or fastened to the window. it was between nine oClock at night, and one oClock in the morning. I have kept the same goods in my house since they were taken by me from the Store, until they were taken by the officers. I entered the Store and took the Goods in January 1843, & the goods that are now here, and 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 officer 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. I went to that Store & I took them things out of that Store. no person knows any thing about them things but me. I destroyed the papers.
[p. 46] ,— 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 about the first of february instant with the Cloth. identifies a piece of <​the​> Cloth that was left. don’t recollect informing any person about the Cloth. Olney never told her where he got it. recognizes the Cloth. he did not bring any other goods to her. don’t 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. brought & handed a piece of Cloth to me to make his little Girls dresses, & this Cloth shewn to me is the remnant that was left of the dresses I made.
Mary Olney,— Sworn.—
never saw these goods before. saw a piece of a remnant of Cloth now produced to me, about two or three weeks ago; which was taken to to get some Clothes made of. don’t know where my got it. don’t know of my being out at night two or three weeks ago. identifies a Chest now shewn to her as one her had, and was kept in his house for a long time. used to keep their clothing in it. used to go to <​& open​> it when she wished to. it was not locked. took their things out of it and carried them to the chamber <​some 2 or 3 weeks ago​> 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. I am the Oldest of the Children, & did not see any of the others at the Chest. my did not empty a Chest up Stairs, I did not see any Goods up Stairs that were not there before. identifies a bag. it belongs to my . it was up Stairs. has a mark on it. is not certain if it be his. but thinks it is his. saw it there. these Shoes produced to me are my Sisters, that my got for her a few weeks ago. my did not say where he got the Goods that made the dresses for my & my Sister. my Sisters name is Laura Eliza Olney. did not know of any goods in the house. my did not forbid us to go up Stairs. we slept up Stairs.
,— Sworn.—
These are my goods, & are the same which were taken from my Store on the night of Monday the 23rd. January last, or morning of the 24th.. the Window was boarded up inside. I left the Store about nine oClock, & next morning was told that the Store was open. the Window that was opened was on the back side of the Store. left the Window closed when I left it. the Window boards [p. 47]
boards were nailed up well, with inch Boards I think, & they were forced open, I suspected to be the person who took the Goods, from seeing a red flannel Shirt on him this morning, and was seen coming home the morning after the Goods were Stolen, & I had not seen him for a week after that. I then got a search Warrant, & found my goods in s House. my Wife asked if he was at home on the night of the 23rd. January, & he said he was, although was seen coming home the next morning.
— Sworn.
These are s Goods, I put them up in the Store, and have been with ever since the Goods were put in the Store. these goods were found in s possession.
,— Sworn.—
The night before s Store was broken borrowed an Auger from me, & has not returned it. it was scant an inch & quarter, & the holes bored in the Window are about the size it would make. told Witness that things in these last days <​had &​> would become slippery, & that they would become missing mysteriously. never heard him say it was right to steal. heard him say if the mob came into this place, s Cellar would be a good place to put plunder into, that would be picked up, or if people left the place, & put their plunder there, they would be found when they came back. We were talking of getting the Riches of the Earth, the time of which, said would come about. said that if a mob came & went through, s Cellar would be a good place to put things that might be left, & secure them. he also said the time was coming when <​we should possess the​> riches of the Earth.
. sworn.—
I went with the to s, search was made there, & many of the Goods I now see here, were <​found​> there.
The Mayor Ordered that an inventory be taken of the goods & Chattels found & brought before the Court, all of which were found in the house of in the City of , unless a remnant of blue drilling which is particularized, as found in s house, all upon the 10th. day of february 1843, upon which day the Trial of this Case took place. to wit:
1 piece of Crush, 2 papers of Screws, 1 Card of buttons, 1 frock Coat steel mixed, Remnant of blue drilling found in s, 1 bolt of Pilot Cloth, 2 pair flushing pantaloons, 2 round Jackets, 2 guernsey Shirts, 1 Cotton Coat, 3 [p. 48]
3 Coats, 1 pair satinett pantaloons, 2 pair Cotton pantaloons, 1 pair mole Skin pantaloons, 2 pair white Socks, 9 pairs of Womens Shoes, 12 pair of Childrens red Shoes, 3 Caps, 2 pieces of Satinett, 1 do kentucky Jeans, 1 piece of flannel White, 6 balls of wicking, 2 pairs Socks, 2 merino Shawls, 1 Remnant of white flannel, 1 piece of hickory Shirting, 13 pieces of Calico, 4 pieces of gingham, 1 piece canvass, 1 piece of glazed Linen, 13 pieces of Silk for bonnets (in a lot), 1 piece bleached Shirting, 1 piece white drilling, 1 piece glazed Cambrick, or Linen, 5 Cotton &c Shawls, 35 pieces Ribbons assorted Colours, 1 piece of Wilmington Stripe, 7 belt Ribbons, 2 bunches cotton thread, 8 dozen & 2 Spools of C thread, 12 kinds of Silk Handkerchiefs, 10 parcels of Gloves, 2 bunches of Stockings, 1 bunch lacing Cords, 1 bunch <​sewing​> Silk & Cotton Thread, 7 bunches of Razors, Knives, & Scissors, 7 bunches Combs, 6 bunches of buttons, 2 lots of Spoons, 1 lot of shaving Soap, 3 lots of Cord, 3 bunches of matches, 1 piece of pink lining, 1 piece apron Check, about 1 ream writing paper, 2 pair of fur Gloves, 1 piece of white drilling, 1 piece red flannel, 1 parcel of carving knives, 52 parcels of hardware, 1 ball of twine, 1 piece red padding, 1 piece mole Skin, 1 piece brown drilling, 17 pair pantaloons, 1 Round Jacket, 8 Vests, 27 pieces of Book muslin, laces, &c., 8 pieces Cambric, 5 pieces Calico, 1 pair Shoes 12 Spools thread, 2 pair Shoes,
<​the Wallet & bank Bill shd be here. set forth—​>
And the owner of the goods , which said goods were taken by the officer making the Arrest from the custody of one of the Defendants, , and brought with the defendants before the Court, the said demanding the same and it being made satisfactorily to appear to this Court that the same are numerous and inconvenient to be transmitted to the Sheriff, and that they are the property of the said , it is Ordered that the same goods so proved be delivered to the said , with the exception of one pair of the Shoes, one bag, one Valice, one piece of blue Cloth, and one pocket book containing sundry papers, and a bank Bill of the denomination of fifty Dollars on the Bank of Alabama, and two Limper Stufs [handkerchiefs], and the excepted articles be retained as evidence, according to Law, on the further trial in the Circuit Court.
The Proofs and allegations having been fully heard, It is adjudged by the Court, that be, & hereby is released & discharged from Custody, there not appearing any testimony to convict him, & that be held to give Bail in a sum of five thousand Dollars to appear at the next Circuit Court to be held at , Hancock County, [p. 49]
County, Illinois, on the first day thereof, or be committed to the County Jail of said for to abide his Trial. And the Witnesses , , , , Mary Olney, & to be each bound in a Recognizance to appear & prosecute.—
The Witnesses all entered into recognizances, accordingly, in a sum of One hundred Dollars each.—
A Committal was issued for the Commitment of , to Jail, for want of Bail, & delivered to Const. May 5th. 1843. A Copy of the statement of , as also the Recognizances of the Witnesses above named, were respectively certified to by the Mayor, & forwarded to the Clerk of the Circuit Court, , by the Sheriff.— [remainder of page blank] [p. 50]

Footnotes

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