Docket Entry, circa 13 June 1844 [State of Illinois v. H. Smith et al. on Habeas Corpus]

  • Source Note
  • Historical Introduction

Document Transcript

Municipal Court.
State of Illinois)
City of )
. , , , , & on June 13th 1844.
Docketing suit $ [.]12½
Habus Corpes .50
Servic[e] on H. C. .27½ <​.55​>
.25
se[r]vice on Subpo[e]na .30
3 witnsses fees 1.50
Swearing 2 witness .12½
Justices fees 7.75
Entering Final [.]25
11.35½
.25
11.60
attendig cou[r]t 1[.00]
12.60
<entering return [.]12½
’s service [.]50
13.22½>
This
This day came . . . , & before the court and upon the reading and filing the petition for a writ of Habus corpus to be dircted to one . to have the Bodies of said Petitione[r]s before the court. The court ordered a writ of Habeus corpus to be granted according to the payes [prayers] of the petitioners Subpoena issued.
Habus corpus served by H. C. [high constable]— and retur[ne]d theron the prisoners before the court, all on file. Made his retu[r]n on the copy of the warrant form— . J. P. all on file.
read Kents [James Kent’s] commentaries p. 26.— Cou[r]t gave leave to amend the writ and insert the names of . . . , . . &
Counsellor read. [William] Blackstone. 4. 6 page 4. vol 2.
The Resolution of the City Council declaring the printing Establishment of the Nauvoo Expositor a as Nuisance was read.
The order of the <​Mayor​> to the to Execute the resolution of the council— and also, of the Lieut General’s order to the to assist the in de[s]troying Said Press.— spoke in his defence.
, Marshal, <​Adison Evertt [Addison Everett]​> Sworn, was present at the destru[c]tion of the Printing establishment of the Nauvoo Expositor on the 10th inst by order of the .— calld upon the people to keep quiet and make no noise. All was done qu[i]etly, the prosecutors Made more noise than all the rest of the company. and threatened a total overth[r]ow of life and propety in this place within 10 days—
James Jackson. sworn. confirmd previous testimony, never saw business done with less disturban[c]e in his life.—
Present Joseph Smith Chief justice. , , and associate Justices, [p. 111]
After hearing the testimony in the above case the court ordered that the petitioners , , , , , , , , , , , , , , and be, Jointly and Severally, honorably discharged from the accusations and arrest and that they , that said suit was institutd on complaint of through Malice. p[r]ivate Pique & corruption and that said pay the costs.—
June 13th/44 issued <​vs. ​> on complaint demand of $11.60 <​12.60​>— To , Marshal.
“November 4. 1844. returned “no property found” and also this execution came to my hands since the death of former Marshall of said City of & after the proper return day of the same
J[onathan] C. Wright C. M. [city marshal]”
February 10. 1845 The drew on the for the above fees amounting to 13.22½ [23 lines blank] [p. 112]

Footnotes

  1. new scribe logo

    Insertion in the handwriting of Thomas Bullock. These final, added charges (of $0.62½ beyond the initial total of $12.60) and the new total were calculated after Nauvoo city marshal Jonathan C. Wright inscribed his return notation on the writ of execution on 4 November 1844. (Willard Richards, Execution, Nauvoo, IL, 13 June 1844, State of Illinois v. H. Smith et al. for Riot on Habeas Corpus [Nauvoo Mun. Ct. 1844], Nauvoo, IL, Records, CHL.)  

  2. new scribe logo

    The following later notations are in the handwriting of Thomas Bullock.