Docket Entry, circa 29 November 1842 [City of Nauvoo v. Hunter]

  • Source Note
  • Historical Introduction

Document Transcript

City of )
vs)
Thomas J. Hunter)
Municipal Court, at the Mayors , five oClock P. M. November 29th. 1842.—
Fine—— $10,00)
Aldermens fees—— 4,00)
Clerks fees—— 1,43¾)
Marshals fees—— 2,06¼)
1 Witness—— ,50
$18,00
Present
Aldermen , , , , and .— was elected President pro tem.— opened the case on behalf of the , and read the complaint made by Joseph Smith before , upon the 28th. day of Novr. Inst..—
Novr. 28th. 1842.— Warrant issued to bring Deft. before the Municipal Court, forthwith, & was returned endorsed by <​ Constable, (through​> the , to whom it was directed,) endorsed, “duly served by reading, & delivered the said Prisoner into the charge of by Order of the City , Novr. 29th. 1842. High Const., fees 31 Cts..
Novr. 29th. 1842. Subpoena issued by , for , Wm. Thompson, A. E. Miles, , Charles Seidel, & Alexr. Gravel, & returned by the , endorsed, “the within served on Messrs. , Wm. Thompson, Charles Seidel, & Alexr. Gravel,— fees 75¢, , Marshal.
Same date the returned his claim of $1.00 for notifying the Municipal Court to assemble for the Trial of this Cause.—
Joseph Smith made a further Affidavit on same day, before , which was read.— The Defendant pleaded Guilty to the charge, which charge was for using and making ridiculous and abusive language concerning Joseph Smiths Character, thereby depreciating his moral and Religious Character, and using said language contrary to an Ordinance, entitled, “an Ordinance in relation to religious Societies.”
The Court then decided, that they would hear Testimony. William Thompson, Alexr. <​M​> Gravel, and were produced, Sworn, & exmained, as Witnesses for the Prosecution, the two first named were cross examined by on behalf of Deft., & was questioned by Deft..— Wm. Thompson claimed pay as a Witness.
The Deft. was then fined Ten Dollars for contempt of Court, in using disrespectful and abusive language, & stating that he disregarded the Municipal Court. The spoke.— Deft. spoke.— spoke on behalf of the Prosecution. spoke on part of Deft.. The again spoke at length, & recommended the Deft to the mercy of the Court. Whereupon, the Judgment of the Court is, that the Defendant be discharged without payment of any fine, except the Fine for Contempt of Court, and full Costs of this Suit.
Transferred to page 11.— [p. 9]
Transferred from page 9.
City of )
vs.)
Thos. J. Hunter)
Novr. 29th. 1842.— Execution issued in this Cause, for Ten Dollars Fine, & eight Dollars Cost, as taxed.
Decr. 5th. 1842.— Transcript, (including the Judgment of the Court,) was given to Deft..— Fee received for same 50¢.
Decr. 7th. 1842. An Injunction from the Circuit Court at , was this day served upon the Municipal Court, by producing the Original Writ to the Clerk of the Municipal Court, which said Writ says “that the Deft has appealed to the Circuit Court of , from said Judgment, and requires that you certify the Record & proceeding in said Cause to our said Circuit. And this you shall in no wise omit at your peril”.— Decr. 10th. 1842.— Execution returned, endorsed, “executed on the within, nine Barrels of Onions, one empty barrel, three large Sacks of feathers, & 4 small axes & one trunk.— All proceedings stop[p]ed by a Writ of injunction. Decr. 7th. 1842. Cost, Drayage, Storage, &c $2,50. High Constable.”
Feby. 27th. 1843.— A transcript & Cert of the Record & Proceedings, as also all papers in the Cause, were this day made out & forwarded to the Circuit Court, by Clerk of said Court. [p. 11]

Footnotes

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    Notations in handwriting of James Sloan.