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

Source Note

Docket Entry,
Nauvoo
Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....
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, Hancock Co., IL, [ca. 13 June 1844], State of IL v. H. Smith et al. on Habeas Corpus (Nauvoo, IL, Municipal Court 1844); Nauvoo Municipal Court Docket Book, 111–112; handwriting of
Willard Richards
24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...
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; CHL. Includes notations by
Thomas Bullock
23 Dec. 1816–10 Feb. 1885. Farmer, excise officer, secretary, clerk. Born in Leek, Staffordshire, England. Son of Thomas Bullock and Mary Hall. Married Henrietta Rushton, 25 June 1838. Moved to Ardee, Co. Louth, Ireland, Nov. 1839; to Isle of Anglesey, Aug...
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, [
Nauvoo
Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....
More Info
, Hancock Co., IL], 4 Nov. 1844 and 10 Feb. 1845. Includes use marks.
Historical Introduction

See Introduction to State of Illinois v. JS et al. for Riot–A, State of Illinois v. JS for Riot on Habeas Corpus, State of Illinois v. H. Smith et al. on Habeas Corpus, and State of Illinois v. JS et al. for Riot–B.

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Municipal Court.

State of Illinois)

City of )

. , , , , [,] & on June 13[th] 1844.

Docketing suit	$ [.]12½
Habus Corpes	.50
Servic[e] on H. C.	.27½ <.55>
Subpoena Also “Spna”; a process and a writ to cause a witness to appear and give testimony before an indicated court and time, laying aside all pretenses and excuses, under penalty for failure to comply (a “subpoena ad testificandum”). A subpoena duces tecum (“attend... View Glossary	.25
se[r]vice on Subpo[e]na	.30
3 witnsses fees	1.50
Swearing 2 witness	.12½
Justices fees	7.75
Entering Final Judgt The decision or sentence of the law given by a court of competent jurisdiction in proceedings instituted therein. An interlocutory judgment is one given in the course of an action before final judgment. A final judgment ends the suit. View Glossary	[.]25
	11.35½
Exceution “The act of carrying into effect the final judgment of a court, or other jurisdiction. The writ which authorises the officer so to carry into effect such judgment is also called an execution. . . . Executions are either to recover specific things, or money... View Glossary —	.25
	11.60
Marshal 3 Sept. 1793–10 Sept. 1844. Farmer, shoemaker, printer, publisher. Born at Herkimer, Herkimer Co., New York. Son of John Coddington Greene and Anna Chapman. Married first Rhoda Young, 11 Feb. 1813. Moved to Aurelius, Cayuga Co., New York, 1814; to Brownsville... View Full Bio attendig cou[r]t	1[.00]
	12.60
<entering return	[.]12½
Marshall 3 Sept. 1793–10 Sept. 1844. Farmer, shoemaker, printer, publisher. Born at Herkimer, Herkimer Co., New York. Son of John Coddington Greene and Anna Chapman. Married first Rhoda Young, 11 Feb. 1813. Moved to Aurelius, Cayuga Co., New York, 1814; to Brownsville... View Full Bio ’s service	[.]50
	13.22½> 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. on Habeas Corpus [Nauvoo Mun. Ct. 1844], Nauvoo, IL, Records, CHL.)

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]

Municipal Court.

State of Illinois)

City of )

. , , , , , & on June 13th 1844.

Docketing suit	$ .12½
Habus Corpes	.50
Service on H. C.	.55
Subpoena Also “Spna”; a process and a writ to cause a witness to appear and give testimony before an indicated court and time, laying aside all pretenses and excuses, under penalty for failure to comply (a “subpoena ad testificandum”). A subpoena duces tecum (“attend... View Glossary	.25
service on Subpoena	.30
3 witnsses fees	1.50
Swearing 2 witness	.12½
Justices fees	7.75
Entering Final Judgt The decision or sentence of the law given by a court of competent jurisdiction in proceedings instituted therein. An interlocutory judgment is one given in the course of an action before final judgment. A final judgment ends the suit. View Glossary	.25
	11.35
Exceution “The act of carrying into effect the final judgment of a court, or other jurisdiction. The writ which authorises the officer so to carry into effect such judgment is also called an execution. . . . Executions are either to recover specific things, or money... View Glossary —	.25
	11.60
Marshal 3 Sept. 1793–10 Sept. 1844. Farmer, shoemaker, printer, publisher. Born at Herkimer, Herkimer Co., New York. Son of John Coddington Greene and Anna Chapman. Married first Rhoda Young, 11 Feb. 1813. Moved to Aurelius, Cayuga Co., New York, 1814; to Brownsville... View Full Bio attendig court	1.00
	12.60
entering return	.12½
Marshall 3 Sept. 1793–10 Sept. 1844. Farmer, shoemaker, printer, publisher. Born at Herkimer, Herkimer Co., New York. Son of John Coddington Greene and Anna Chapman. Married first Rhoda Young, 11 Feb. 1813. Moved to Aurelius, Cayuga Co., New York, 1814; to Brownsville... View Full Bio ’s service	.50
	13.22½> 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. on Habeas Corpus [Nauvoo Mun. Ct. 1844], Nauvoo, IL, Records, CHL.)

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 Petitioners 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 returned theron the prisoners before the court, all on file. Made his return on the copy of the warrant form— . J. P. all on file.

read Kents [James Kent’s] commentaries p. 26.— Court 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 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 destroying Said Press.— spoke in his defence.

Adison Evertt [Addison Everett] Sworn, was present at the destruction 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 quietly, the prosecutors Made more noise than all the rest of the company. and threatened a total overthrow of life and propety in this place within 10 days—

James Jackson. sworn. confirmd previous testimony, never saw business done with less disturbance in his life.—

Present Joseph Smith Chief justice. , , and associate Justices, [p. 111]

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Related Case Documents
State of Illinois v. H. Smith et al. on Habeas Corpus, Nauvoo, IL, Municipal Court, 13 June 1844
Editorial Title
Docket Entry, circa 13 June 1844 [State of Illinois v. H. Smith et al. on Habeas Corpus]
ID #
10665
Total Pages
2
Handwriting on This Page
- Willard Richards
- Thomas Bullock
Footnotes
1. 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. on Habeas Corpus [Nauvoo Mun. Ct. 1844], Nauvoo, IL, Records, CHL.)

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

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