Docket Entry, between 30 November and circa 3 December 1842 [City of Nauvoo v. Davis for Slander of JS–C]

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  • Historical Introduction

Document Transcript

City of )
Vs.)
)
Violation of the Ordinances of the .
Fine— $50,00
Aldermens fees— 7,50
Clerks fees— 3,68¾
Marshals fees— 4,12½
3 Witnesses— 1,50
$66,81¼
Novr. 30th. 1842. Complaint was made on Oath, by Joseph Smith, (before Alderman, against the , as follows, to wit,) “that he has been informed and verily believes that one of the and aforesaid, did on or about the 25th. Instant, and at divers other times previous to that time, and before the commencement of this Suit, make use of <​indecent, unbecoming, abusive and Ridiculous​> language concerning the Acts and Character of Deponent, contrary to the Ordinances of said , in such cases made and provided”.
Novr. 30th. 1842.— Warrant issued upon said complaint directed to the , returnable at two oClock P. M. on the 2nd. day of Decr. 1842, at the Mayors in said , before the Municipal Court.
Novr. 30th. 1842.— 2 Subpoenas issued, for Andw. M. Gravel, Chas. Seidel, , , Geo. Stevens, Jas I. Gilbert, , & to appear in the above cause.— Marshals fees as returned $1,00.— Aldermen , , and met at two oClock P. M. on friday Decr. 2nd. 1842, and an Attachment was issued and handed to the to enforce the attendance of Aldermen , , , & .— Aldermen & came soon after, & was elected President pro tem, but by reason of the absence of Witnesses, the Court adjourned until 6 oClock P. M. on (Tomorrow,) Saturday Decr. 3rd. 1842.— Marshals fees on Attacht 75¢
Decr 3rd. 1842.— Aldmn. , , , & attended according to adjournment,— the stated that could not attend in consequence of sickness in his Family.
An attachment issued for Aldmn. & , who were brought by the , & attcht. returned endorsed “served on the above names, & brought before the Court, fees 75¢, paid for Team 50¢. Marshal.— Spnas [Subpoenas] issued <​also​> & 9 Witnesses served,— <​Marshals​> fees $1,12½. , on behalf of — stated that the Affidavit was made on a broad Scale, & that the Court had not jurisdiction to try this Case, & cited the 17 <​Sec​> of the Charter.
for the Prosecution,— replied, in support of the Affidt., & of the Court having jurisdiction, & stated Pltfs Case.
The , by his Council, pleaded, Not Guilty.
, , Andrew M. Gravel, Chas Seidel, James A. Easton, Jas I. Gilbert, & , Witnesses, were Sworn [p. 12]Sworn & examined, & several of them crossexamined,
spoke upon the Evidence, as also did .
The Witnesses,— Easton, and Gravel, and Seidel, claimed their fees, Whereupon,— The Judgment of the court is, That , be, & is, fined, to pay a sum of fifty Dollars, and full Costs <​of Suit,​> and that he also enter into a in a sum of Two hundred Dollars, to keep the peace and be of good behaviour towards the People of the generally, for six Months, and especially towards Joseph Smith, and upon his declining or neglecting to pay said fine <​and Costs​> and enter into said , then to be imprisoned until discharged by due course of law.— Court adjourned at half past Ten oClock, P. M.
Decr. 6th. 1842.— Commitment for want of giving & paying fine and Costs, was delivered to the this day, & was directed to the , as such, Marshal.
Decr. 8th. 1842.— A transcript of the Judgt & proceedings in this Cause, was made out, by request of , & handed to him,— fee recd 50¢
Decr. 9th. 1842. the Deft. entered into a pursuant to the above Judgment.
Feby. 3rd. 1843. A notice of an appeal was served upon <​Joseph Smith Mayor (& by him delivered to​> Clerk, of the Municipal Court, through Const.,) from the Circuit Court, , <​enjoining &​> requiring to suspend all further proceedings in Relation to the judgment rendered by the Municipal Court in this Cause, (& said notice was signed “ Clerk of the Circuit Court, at , & dated the 19th. day of January A. D., 1843,) until said Circuit Court shall make other Order to the contrary, & that the record & proceedings in said Cause be Certified to said Circuit Court, & to be in no wise omitted, at peril.—
Feby. 27th. 1843.— A transcript, & Cert of the Record & proceedings, as also all papers in this Cause were made out and forwarded to the Circuit Court, by Clerk of said Court. [p. 13]

Footnotes

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    Notations in handwriting of James Sloan.