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Complaint, 18 December 1843 [State of Illinois v. Elliott–B]

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Introduction to State of Illinois v. Elliott–A and State of Illinois v. Elliott–B Complaint, 18 December 1843 [State of Illinois v. Elliott–B]

Complaint, 18 December 1843 [State of Illinois v. Elliott–B]

Source Note

JS, Complaint, before , against , [], Hancock Co., IL, 18 Dec. 1843, State of Illinois v. Elliott–B (Hancock Co., IL, Justice of the Peace Court 1843); certified by . Featured version published in “Kidnapping,” Nauvoo Neighbor, 20 Dec. 1843, vol. 1, no. 34, [2]. For more complete source information, see the source note for Notice, 26 Aug. 1843.

Historical Introduction

On 18 December 1843, JS swore a complaint before , Illinois, justice of the peace accusing , a schoolteacher and active member of the Anti-Mormon political party, of threatening his life. This charge stemmed from the role Elliott played in kidnapping member. On 11 December, Latter-day Saint filed a complaint before Hancock County justice of the peace attesting that Elliott was part of the group that took Avery. Johnson issued a warrant for Elliott’s arrest that same day. On the night of 17 December, Hancock County constable and ten men left to serve the warrant on Elliott in southern Hancock County. The men arrested Elliott after a brief altercation.
On the afternoon of 18 December, and his men returned to and immediately took before in the second-floor assembly room of JS’s , located on the southeast corner of Granger and Water streets. Johnson held a hearing, in which , Follett, and testified regarding Elliott’s connection to the kidnapping as well as his actions and statements at the time of his arrest. JS attended the hearing and participated in questioning witnesses and advising the justice regarding bail. At the conclusion of the hearing, Johnson determined that there was sufficient probable cause to hold Elliott until the next circuit court session to answer the kidnapping charge and set his bail at $3,000. During this hearing, Chase testified that Elliott stated that JS “was a bad man” and that “a plan was in operation” to kidnap JS, who “would be popped over.” JS interpreted these remarks as evidence of a plot “to take my life by some body— or co[mpany] of Individuals.”
Based on ’s testimony, JS swore out a complaint before in which he accused of using “threatening language” toward him. A hearing based on this complaint convened shortly after Elliott was remanded to jail on the kidnapping charge. After hearing testimony, ’s city attorneys, and , denounced the “outrageous proceedings of ” and the “diabolical conduct of those wretches” in who participated in “kidnapping their fellow men.” followed the attorneys, and then JS spoke about the Missourians’ “inhumanity and deeds of blood.”
During JS’s remarks, two messengers arrived from , Illinois, and spread rumors that was assembling a large mob in southern to resist further arrests and possibly rescue . Upon hearing these rumors, JS withdrew his charge against Elliott and promised to pay the hearing costs and provide room and board for Elliott and two of Elliott’s friends, who had accompanied him during his arrest, before they left for the jail at the next morning. recorded that after JS “manifested mercy towards his enemies . . . he lifted up his hands towards heaven & declaired that if came against us any more he would fight them & defend his rights.” The hearing adjourned sometime after ten o’clock that night.
The original copy of JS’s complaint is not extant. However, the complaint and the minutes of both of ’s hearings were published in the 20 December issue of the Nauvoo Neighbor. While the Nauvoo Neighbor’s editors expressed hope that JS’s forgiveness of Elliott would make “an indelible impress[i]on” on the minds of Elliott and other Anti-Mormon political party members, the Warsaw Message condemned JS’s conduct and speech. Elliott remained an ardent member of the Anti-Mormon Party and participated in the mob that killed JS six months later.

Footnotes

  1. [1]

    See “Part 5: December 1843.”

  2. [2]

    Historical Introduction to Letter to Thomas Ford, 11 Dec. 1843; Aaron Johnson, Warrant, 11 Dec. 1843, State of Illinois v. Elliott [J.P. Ct. 1843], Robinson and Johnson, Docket Book, 178.

  3. [3]

    JS, Journal, 17 Dec. 1843; Clayton, Journal, 18 Dec. 1843.

    Clayton, William. Journals, 1842–1845. CHL.

  4. [4]

    Elliott previously told Chase that if “any mormon” tried to arrest him for kidnapping Avery, he would “shoot him.” When Follett and his posse initially confronted him, Elliott drew his pistol and “swore he would shoot.” Stephen Markham, a member of the posse, threatened to return fire and informed Elliott that they came to arrest him with legal process. Elliott then surrendered. According to the Warsaw Message, Elliott resisted only because he believed the men were a group of vigilantes. (“Kidnapping,” Nauvoo Neighbor, 20 Dec. 1843, [2]; “The Late Arrest,” Warsaw [IL] Message, 3 Jan. 1844, [1].)

    Warsaw Message. Warsaw, IL. 1843–1844.

  5. [5]

    JS, Journal, 18 Dec. 1843; “Kidnapping,” Nauvoo Neighbor, 20 Dec. 1843, [2].

  6. [6]

    “Kidnapping,” Nauvoo Neighbor, 20 Dec. 1843, [2]. The Nauvoo Neighbor’s account of the hearing does not clarify JS’s role, while the Warsaw Message claimed that William Marr, George Stiles, and JS served as “prosecutors” in the case. It is likely that JS participated in an unofficial capacity, as Elliott’s attorney objected to his questioning the witnesses. (“The Late Arrest,” Warsaw [IL] Message, 3 Jan. 1844, [1]; “Kidnapping,” Nauvoo Neighbor, 20 Dec. 1843, [2].)

    Warsaw Message. Warsaw, IL. 1843–1844.

  7. [7]

    “Kidnapping,” Nauvoo Neighbor, 20 Dec. 1843, [2].

  8. [8]

    “Kidnapping,” Nauvoo Neighbor, 20 Dec. 1843, [2].

  9. [9]

    JS, Journal, 18 Dec. 1843.

  10. [10]

    JS, Journal, 18 Dec. 1843.

  11. [11]

    JS’s journal states that this hearing commenced “immed[i]ately af[ter] the sentinc [sentence] of Esqr Johnson,” but the Nauvoo Neighbor report states that there was a one-hour recess between the two hearings. Extant documents do not indicate whether Johnson or Foster presided over the second hearing. The trial account published in the Nauvoo Neighbor identifies the judge for the second hearing as “the court” and implies that Johnson presided over both proceedings. However, in JS’s journal account, Willard Richards recorded that the second hearing took place “before R D. Foster J. P.” According to Illinois law, when a prisoner was accused of certain serious crimes, a panel of at least two justices of the peace was required to preside over initial hearings. Although neither kidnapping nor the use of threatening language was included on the list of these crimes, it is possible that Johnson and Foster jointly presided over Elliott’s cases. (JS, Journal, 18 Dec. 1843; “Kidnapping,” Nauvoo Neighbor, 20 Dec. 1843, [2]–[3]; An Act to Regulate the Apprehension of Offenders, and for Other Purposes [6 Jan. 1827], Public and General Statute Laws of the State of Illinois [1839], p. 238, sec. 3.)

    The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

  12. [12]

    “Kidnapping,” Nauvoo Neighbor, 20 Dec. 1843, [3].

  13. [13]

    JS, Journal, 18 Dec. 1843; “Kidnapping,” Nauvoo Neighbor, 20 Dec. 1843, [3]; “The Late Arrest,” Warsaw (IL) Message, 3 Jan. 1844, [1]–[2].

    Warsaw Message. Warsaw, IL. 1843–1844.

  14. [14]

    Woodruff, Journal, 18 Dec. 1843.

    Woodruff, Wilford. Journals, 1833–1898. Wilford Woodruff, Journals and Papers, 1828–1898. CHL. MS 1352.

  15. [15]

    JS, Journal, 18 Dec. 1843.

  16. [16]

    “Kidnapping,” Nauvoo Neighbor, 20 Dec. 1843, [2]–[3].

  17. [17]

    Citing an unnamed witness, the Warsaw Message stated that “in its personal abuse—its vituperation—its malignity—its foulness and obscenity—and its horrid and loathesome blasphemy,” JS’s remarks “transcended any thing which our informant had ever before heard!” (“Kidnapping,” Nauvoo Neighbor, 20 Dec. 1843, [3]; “The Late Arrest,” Warsaw [IL] Message, 3 Jan. 1844, [1]–[2], italics in original.)

    Warsaw Message. Warsaw, IL. 1843–1844.

  18. [18]

    See “Meeting of Citizens at Carthage,” Warsaw (IL) Message, 17 Jan. 1844, Extra, [2]–[3]; and “Examination of John C. Elliott,” Nauvoo Neighbor, 19 Feb. 1845, [2]–[3]. For more on the legal cases against Elliott, see Historical Introduction to State of Illinois v. Elliott–A and State of Illinois v. Elliott–B.

    Warsaw Message. Warsaw, IL. 1843–1844.

    Nauvoo Neighbor. Nauvoo, IL. 1843–1845.

Page [2]

STATE OF ILLINOIS,)
.)
Personally appeared before me, , a justice of the peace for , Joseph Smith, who being duly sworn according to law, deposeth and saith, that one of said is guilty of a breach of the peace for this, that on or about the second instant, the said did use threatening language concerning your deponent as informed that said threatening language was made in the county of , and further this deponent saith not.
JOSEPH SMITH.
Subscribed and sworn to this 18th of Dec. A. D. 1843.
, J. P. [p. [2]]
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Document Information

Related Case Documents
Editorial Title
Complaint, 18 December 1843 [State of Illinois v. Elliott–B]
ID #
10972
Total Pages
1
Print Volume Location
JSP, D13:394–396
Handwriting on This Page
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Footnotes

  1. [1]

    According to Sisson A. Chase’s testimony, the conversation in which Elliott threatened JS occurred on or around 5 December 1843. (“Kidnapping,” Nauvoo Neighbor, 20 Dec. 1843, [2].)

    Nauvoo Neighbor. Nauvoo, IL. 1843–1845.

  2. [2]

    Although JS’s complaint did not identify which law he accused Elliott of breaking, Nauvoo’s city attorneys argued that the prosecution’s case was supported by an Illinois statute that stated, “the use of threatening language is sufficient to criminate individuals.” The account of the hearing published in the Nauvoo Neighbor apparently references two statutes to support this claim. One statute criminalized verbal threats, and the other criminalized written threats. Stiles quoted “An Act to Regulate the Apprehension of Offenders, and for Other Purposes,” a law authorizing justices of the peace to arrest and try “all persons who shall threaten to break the peace, or shall use threats against any person within this state.” However, the published account cited to the page number of a different Illinois statute, which criminalized sending letters that threatened “to maim, wound, kill, or murder” another individual. (“Kidnapping,” Nauvoo Neighbor, 20 Dec. 1843, [2]; An Act to Regulate the Apprehension of Offenders, and for Other Purposes [6 Jan. 1827], p. 237; An Act Relative to Criminal Jurisprudence [26 Feb. 1833], Public and General Statute Laws of the State of Illinois [1839], p. 219, sec. 111.)

    The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.