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Introduction to State of Illinois v. Drown and State of Illinois v. Drown on Habeas Corpus Complaint, 8 August 1842 [State of Illinois v. Drown] Affidavit, 10 April 1843 [State of Illinois v. Drown] Affidavit, 3 October 1843–A [State of Illinois v. Drown] Affidavit, 3 October 1843–B [State of Illinois v. Drown] Complaint, 4 October 1843 [State of Illinois v. Drown] Complaint, 4 October 1843, Copy [State of Illinois v. Drown] Warrant, 4 October 1843 [State of Illinois v. Drown] Subpoena, 4 October 1843 [State of Illinois v. Drown] Subpoena, 6 October 1843 [State of Illinois v. Drown] Recognizance, 9 October 1843 [State of Illinois v. Drown] Docket Entry, 10 October 1843 [State of Illinois v. Drown] Petition, 10 October 1843 [State of Illinois v. Drown on Habeas Corpus] Habeas Corpus, 10 October 1843 [State of Illinois v. Drown on Habeas Corpus] Habeas Corpus, 10 October 1843, Copy [State of Illinois v. Drown on Habeas Corpus] Summons, 10 October 1843 [State of Illinois v. Drown on Habeas Corpus] Docket Entry, 10–circa 17 October 1843 [State of Illinois v. Drown on Habeas Corpus] Execution, 15 January 1844 [State of Illinois v. Drown on Habeas Corpus] Execution, 7 May 1844 [State of Illinois v. Drown on Habeas Corpus] Docket Entry, Indictment, 18 October 1843 [State of Illinois v. Drown] Capias, 15 December 1843 [State of Illinois v. Drown] Subpoena, 15 December 1843–A [State of Illinois v. Drown] Subpoena, 15 December 1843–B [State of Illinois v. Drown] Docket Entry, Alias Capias, 24 May 1844 [State of Illinois v. Drown] Subpoena, 16 July 1844–A [State of Illinois v. Drown] Subpoena, 16 July 1844–B [State of Illinois v. Drown] Capias, 16 July 1844 [State of Illinois v. Drown] Docket Entry, Pluries Capias, 16 July 1844 [State of Illinois v. Drown] Subpoena, 13 December 1844–A [State of Illinois v. Drown] Subpoena, 13 December 1844–B [State of Illinois v. Drown] Docket Entry, Dismissal, 20 May 1845 [State of Illinois v. Drown] Case File Wrapper, circa May 1845 [State of Illinois v. Drown]

Capias, 15 December 1843 [State of Illinois v. Drown]

Source Note

David E. Head

27 Apr. 1818–1 May 1877. Clerk, merchant. Born in Washington Co., Kentucky. Moved to Macomb, McDonough Co., Illinois, ca. 1834. Deputy clerk of McDonough Co. Deputy clerk of Hancock Co., Illinois, circuit court, by 16 May 1843. Clerk of Hancock Co. Circuit...

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on behalf of
Jacob B. Backenstos

8 Oct. 1811–25 Sept. 1857. Merchant, sheriff, soldier, politician, land speculator. Born at Lower Paxton, Dauphin Co., Pennsylvania. Son of Jacob Backenstos and Margaretha Theis. Member of Lutheran Reformed Church. Married Sarah Lavina Lee, niece of Robert...

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,
Capias

Latin for “that you take”; a writ or process commanding a sheriff or other officer to take a defendant into legal custody. Each use of this term is adapted to the purposes indicated by additional words used for its designation. When a summons was not the ...

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, to
Hancock Co.

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

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Sheriff [
William Backenstos

29 Aug. 1813–11 July 1875. Sheriff, merchant, painter. Born at Lower Paxton, Dauphin Co., Pennsylvania. Son of Jacob Backenstos and Margaretha Theis. Baptized into Lutheran Reformed Church, 31 Oct. 1813, in Lower Paxton. Moved to Hancock Co., Illinois, by...

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], for
Charles Drown

1814/1815–28 Aug. 1859. Farmer. Born in New York. Son of Solomon Drown and Elizabeth Hatch. Married first Sarah Tarvel, by 1837. Baptized into Church of Jesus Christ of Latter-day Saints. Moved to Nauvoo, Hancock Co., Illinois, by 1842. Married second Louisa...

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,
Carthage

Located eighteen miles southeast of Nauvoo. Settled 1831. Designated Hancock Co. seat, Mar. 1833. Incorporated as town, 27 Feb. 1837. Population in 1839 about 300. Population in 1844 about 400. Site of acute opposition to Latter-day Saints, early 1840s. Site...

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, Hancock Co., IL, 15 Dec. 1843, State of IL v. Drown (Hancock Co., IL, Circuit Court 1845); printed form with manuscript additions in handwriting of
David E. Head

27 Apr. 1818–1 May 1877. Clerk, merchant. Born in Washington Co., Kentucky. Moved to Macomb, McDonough Co., Illinois, ca. 1834. Deputy clerk of McDonough Co. Deputy clerk of Hancock Co., Illinois, circuit court, by 16 May 1843. Clerk of Hancock Co. Circuit...

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; docket and notation printed with manuscript additions by
David E. Head

27 Apr. 1818–1 May 1877. Clerk, merchant. Born in Washington Co., Kentucky. Moved to Macomb, McDonough Co., Illinois, ca. 1834. Deputy clerk of McDonough Co. Deputy clerk of Hancock Co., Illinois, circuit court, by 16 May 1843. Clerk of Hancock Co. Circuit...

View Full Bio
, [
Carthage

Located eighteen miles southeast of Nauvoo. Settled 1831. Designated Hancock Co. seat, Mar. 1833. Incorporated as town, 27 Feb. 1837. Population in 1839 about 300. Population in 1844 about 400. Site of acute opposition to Latter-day Saints, early 1840s. Site...

More Info
], Hancock Co., IL, [15 Dec. 1843]; notations printed with manuscript additions by
William Backenstos

29 Aug. 1813–11 July 1875. Sheriff, merchant, painter. Born at Lower Paxton, Dauphin Co., Pennsylvania. Son of Jacob Backenstos and Margaretha Theis. Baptized into Lutheran Reformed Church, 31 Oct. 1813, in Lower Paxton. Moved to Hancock Co., Illinois, by...

View Full Bio
,
Hancock Co.

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

More Info
, IL, [ca. 15 Dec. 1843]; two pages; Hancock County Courthouse, Carthage, IL; microfilm 1,521,604 at FHL.

Historical Introduction

See Introduction to State of Illinois v. Drown and State of Illinois v. Drown on Habeas Corpus.

Page [1]

State of Illinois) Sct. [scilicet]
HANCOCK COUNTY

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

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,)
THE PEOPLE OF THE STATE OF
ILLINOIS

Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...

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,
TO THE
SHERIFF

29 Aug. 1813–11 July 1875. Sheriff, merchant, painter. Born at Lower Paxton, Dauphin Co., Pennsylvania. Son of Jacob Backenstos and Margaretha Theis. Baptized into Lutheran Reformed Church, 31 Oct. 1813, in Lower Paxton. Moved to Hancock Co., Illinois, by...

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OF SAID
COUNTY

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

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—GREETING.
WE COMMAND YOU THAT YOU TAKE
Charles Drown

1814/1815–28 Aug. 1859. Farmer. Born in New York. Son of Solomon Drown and Elizabeth Hatch. Married first Sarah Tarvel, by 1837. Baptized into Church of Jesus Christ of Latter-day Saints. Moved to Nauvoo, Hancock Co., Illinois, by 1842. Married second Louisa...

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if to be found in your
county

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

More Info
, and him safely keep, so that you have his body before the Circuit Court of said County of
Hancock

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

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, on the first day of the next term thereof, to be holden at the Court House in
Carthage

Located eighteen miles southeast of Nauvoo. Settled 1831. Designated Hancock Co. seat, Mar. 1833. Incorporated as town, 27 Feb. 1837. Population in 1839 about 300. Population in 1844 about 400. Site of acute opposition to Latter-day Saints, early 1840s. Site...

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, on the third Monday in the month of May— next to answer the People of the State of
Illinois

Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...

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for and concerning the crime of
Perjury

“An offence against public justice, being a crime committed when a lawful oath is administered by any that has authority, to any person in any judicial proceeding, who swears absolutely and falsely in a matter material to the issue or cause in question.” ...

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—
with which he stands charged in our said Court, as by a certain
bill of Indictment

A written accusation issued by a grand jury against one or more parties to an alleged crime to consider whether there is sufficient evidence of the charge to put the accused on trial.

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prepared prefered against him by the Grand Jury of said
county

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

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in that behalf appears.
And have you then there this writ, and make return thereon in what manner you execute the same.
Witness,
J[acob] B. Backenstos

8 Oct. 1811–25 Sept. 1857. Merchant, sheriff, soldier, politician, land speculator. Born at Lower Paxton, Dauphin Co., Pennsylvania. Son of Jacob Backenstos and Margaretha Theis. Member of Lutheran Reformed Church. Married Sarah Lavina Lee, niece of Robert...

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Clerk of our said Circuit Court, at
Carthage

Located eighteen miles southeast of Nauvoo. Settled 1831. Designated Hancock Co. seat, Mar. 1833. Incorporated as town, 27 Feb. 1837. Population in 1839 about 300. Population in 1844 about 400. Site of acute opposition to Latter-day Saints, early 1840s. Site...

More Info
, this Fifteenth day of December in the year of Our Lord one thousand eight hundred and forty-three
J. B Backenstos

8 Oct. 1811–25 Sept. 1857. Merchant, sheriff, soldier, politician, land speculator. Born at Lower Paxton, Dauphin Co., Pennsylvania. Son of Jacob Backenstos and Margaretha Theis. Member of Lutheran Reformed Church. Married Sarah Lavina Lee, niece of Robert...

View Full Bio
CLERK By
D[avid] E. Head

27 Apr. 1818–1 May 1877. Clerk, merchant. Born in Washington Co., Kentucky. Moved to Macomb, McDonough Co., Illinois, ca. 1834. Deputy clerk of McDonough Co. Deputy clerk of Hancock Co., Illinois, circuit court, by 16 May 1843. Clerk of Hancock Co. Circuit...

View Full Bio
Depy
[p. [1]]
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Related Case Documents
Editorial Title
Capias, 15 December 1843 [State of Illinois v. Drown]
ID #
15043
Total Pages
2
Print Volume Location
Handwriting on This Page
  • Printed text
  • David E. Head

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