Affidavit, 20 May 1844 [Phelps, Assignee of JS v. Wilson Law]
, Affidavit, before , , Hancock Co., IL, 20 May 1844, Phelps, Assignee of JS v. Wilson Law (Hancock Co., IL, Circuit Court 1843); handwriting of ; signatures of and ; docket by , [, Hancock Co., IL, 20 May 1844]; notation probably by , [ca. 20 May 1844]; notation by , 21 May 1844; four pages; microfilm in Circuit Court Case Files, 1830–1900, CHL. Includes redactions.
In 1844, this document was filed at the Hancock County Circuit Court in , Illinois. Sometime in the ensuing decades, it was transferred to the Illinois State Archives. In 2000, the Micrographic Services Division of the Illinois State Archives microfilmed a subset of Hancock County Circuit Court case files from 1830 to1900 that were descriptively titled, “Cases pertaining to Mormon residents.” In 2000, staff of the Church Historical Department (now CHL) obtained a copy of this microfilm from Karl Moore, a managing archivist of the Illinois Regional Archives Depository (IRAD) program. In 2013, the microfilm was cataloged. Subsequent efforts by the Joseph Smith Papers Project to locate the original records at the IRAD depository for Hancock County records were unsuccessful. As of 2022, the document is unlocated.
The said makes Solemn oath that Joshua J. Moore & one [blank] are material witnesses for him in this Cause and without whom he is advised and verily believes he Cannot safely go to trial, that by said he expects to prove that both the said promissory notes sued on in the above cause were <not> assigned <at a time> long after they became due that said had the said notes in his possession about the 1st of May 1844 and that the same was then the property of Joseph Smith and were not then assigned that said is an attorney at Law resident in the County of Illinois and could not be obtained to attend this Court as a Witness as is informed owing to his professional duties in that Circuit that this suit was commenced only a few weeks since and and service made on this within about 10 or 12 days <two weeks> since and this could not obtain his deposition for want of time that he has had subpoena issue for him and that he is not in attendance that he hopes and expects to obtain the deposition of the Said by the next Term of this court. That he expects to prove by said Moore that one [p. ]