Docket Entry, circa 12 June 1844 [State of Illinois v. JS for Riot on Habeas Corpus]

Document Transcript

Municipal Court.
State of Illinois)
City of )
State of vs. Joseph Smith— On Habeus Corpus June 12. 1844.
Docketing Suit $.12½
Service H. C. .37½
Summons for Cou[r]t .25
Service on summons 1.75
fees of 18 witness 9.00
Justices Fees 7.50
Entering final Judemt [judgment] .25
Swearing 18 witnesses 1.12½
Attendance of 1[.00]
<Serving & returning execution .50
Return of execution— 12½
This day came Joseph Smith and upon the reading and filing the petition for a writ of Habeus Corpus to be directed to one , constable of the county of county to have forthwith before the Municipal Court. of said the body of said Joseph Smith upon said writ of Habeus corpus. said writ was granted by the .
Special Session June 12, 1844. 5 oclock P. M.
Present Alderman <​Aldermen​> , , , , , and , associate Justices. The Mayor being on trial. was Elected Prest. Pro tempore,
, Marshal made his retu[r]n on the writ of Habus corpus the body of Joseph Smith in cou[r]t, which writ with the return thereon is on file.—
. made his return— on the copy of the warrant which was attached to the petition. all of which are on file. shewing that said Joseph smith was arrested— on a writ issued by J P. on complaint of ,
7th Section of Adenda of City ordinance read by Counsl. Resolution of City council June 10th 1844 de[c]laring the printing Establishing <​Establishment​> of the Nauvoo Expositor a nuisance. read. Mayors order to the to excute the same Lieut Generals order of June 10th 1844 to to assist the to destroy said printing establishment
— sworn. said that the order of the was excuted quiet and peaceably, no riot or disturbanc, no noise no exultatin endeavord to keep peace and silence. and the officers did also, the 2 companies under command of & , retird in perfect order, no exultation or shouting, marched in front of the and were dismissed
— confirmd the statements of said the stated his authority and demanded the keys of the building. which denied. and ordered the [p. 108] door to be forced and the press was broken & type pi[e]d in the street.
James Jackson swo[r]n— confirmd the statements of prevous witnesses, heard no noise. on opening the door. most of the confusion he heard was & his company throwing blackguard to the possee which they did not regard. saw the whole procedings till they were dismissed. all was done in order, s blackguard was not answerd to at all by the ranks, heard nothing said about shooting, heard some one damn the City authorities understood it was . was a stranger in this plac[e]
John Kay. Robert Cleft. A[ugustus] A. Farnhom. . Augustus Staff[o]rd, , John Gleasan sworn
said.— confirm the statenet [statement] of p[r]evious witnesses. Pullin calld for and the officr commanded silen[c]e. ’s t[h]reats have been lavish toward Gen Smith <​& ​> for a long time.— has threatend injury upon them and their <​& the​> p[r]operty of the Smiths,— his conspira[c]ies & threats have not been a little.— representd that there should
sworn— some 3 or 4 weeks ago— said said he would go his death vs. Joseph Smith & . said “he <​I​> kn[o]w his <​my​> course was <​is​> wrong but if I stop I shall get hell & if I go on I shall get only hell,— and would do what he intended. at the risque of his life,”— and would destroy the Gene[r]al if possible.— said the council had orderd the press destroyd. & who lays his hands on the press it is death to them.” has frequently heard tell lies about the Generl— to inju[r]e his chara[c]ter.
John Hughs— Joseph Daton & sworn and Jame[s] Goff— John Hughs— said. said by God all I want to live for is to see this sink down to the lowest Hell & by God it shall. <​just​> proirs [prior] to the s arrving. on the 10th.. said 2 ye[a]rs this june,— confssed he was concernd with in his iniquity and had a bad disorder, said he knew his charater was ruined . . . from time to time sinc that witness knew. had been threting [threatening] Gen Smiths charcter, & prope[r]ty.
. heard thretn to shoot gen Smth at s [’s] store [p. 109]
<​Jun 10.​> said the destnies of this people is this day seald in the archives of heavn— and there shall not be left one stone upn anothr on that
" John P. Mc.Cuen [McEwan] said in refere<​nce​> to Joseph Smith God Dam him. I will shoot him. & God dam him I will shoot him and all that pertains to him,— and before ten suns shall go over our heads the . , & shall all be dest[r]oyed and it will be the total downfall of this <​comunity,​> sworn, said he would never let things go till he had accomplished the down fall of Gen Smith, [if] that he did not value his life to produc the downfall of Gn Smith Joseph Dalton. said if th[e]y laid their hands upon the pres from that hour thy might date their down fall, that 10 suns should not roll over their heads till the was destroyed
Court decided that Joseph Smith had acted under proper authority in destroying the establishing <​establishment​> of the Nauvoo Expositor, on the 10th inst. that his orders were excuted in an orderly. & judices manner. without noise or tumult. that this was a malici[ou]s proscution on the part of and that said pay the costs of suit, and that Joseph Smith be honorably discharged from the accusati[o]ns and of the writ & .
June 13 1844.
issued on demand of , vs. $22.12½— to Marshall—
returned Novr. 4th. 1844 “no property found” and also this execution came to my hands since the death of former Marshall of said City of which was after the Legal return day of the same
J[onathan] C. Wright C. M”
February 10. 1845 The drew on the for the above fees, amounting to 22.75. [11 lines blank] [p. 110]


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    Insertions in handwriting of Thomas Bullock.