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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 Warrant, 11 June 1844 [State of Illinois v. JS et al. for Riot–A] Warrant, 11 June 1844, William Clayton Copy [State of Illinois v. JS et al. for Riot–A] Warrant, 11 June 1844, John Taylor and Willard Richards Copy [State of Illinois v. JS et al. for Riot–A] Recognizance, 25 June 1844–A [State of Illinois v. JS et al. for Riot–A] Recognizance, 25 June 1844–B [State of Illinois v. JS et al. for Riot–A] Recognizance, 25 June 1844–C [State of Illinois v. JS et al. for Riot–A] Recognizance, 25 June 1844–D [State of Illinois v. JS et al. for Riot–A] Petition to Nauvoo Municipal Court, 12 June 1844 [State of Illinois v. JS for Riot on Habeas Corpus] Habeas Corpus, 12 June 1844 [State of Illinois v. JS for Riot on Habeas Corpus] Summons, 12 June 1844 [State of Illinois v. JS for Riot on Habeas Corpus] Minutes, 12 June 1844 [State of Illinois v. JS for Riot on Habeas Corpus] Testimonies, 12 June 1844 [State of Illinois v. JS for Riot on Habeas Corpus] Docket Entry, circa 12 June 1844 [State of Illinois v. JS for Riot on Habeas Corpus] Execution, 13 June 1844 [State of Illinois v. JS for Riot on Habeas Corpus] Trial Report, between circa 12 and 20 June 1844, Draft [State of Illinois v. JS for Riot on Habeas Corpus] Trial Report, between circa 12 and 20 June 1844, Partial Draft [State of Illinois v. JS for Riot on Habeas Corpus] Petition, 13 June 1844 [State of Illinois v. H. Smith et al. on Habeas Corpus] Habeas Corpus, 13 June 1844 [State of Illinois v. H. Smith et al. on Habeas Corpus] Habeas Corpus, 13 June 1844, Copy [State of Illinois v. H. Smith et al. on Habeas Corpus] Execution, 13 June 1844 [State of Illinois v. H. Smith et al. on Habeas Corpus] Docket Entry, circa 13 June 1844 [State of Illinois v. H. Smith et al. on Habeas Corpus]

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....

More Info
, 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...

View Full Bio
, [
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.

Page 111

Municipal Court.
State of Illinois)
City of
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
)
Hyrum Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

View Full Bio
.
W[illiam] W Phelps

17 Feb. 1792–7 Mar. 1872. Writer, teacher, printer, newspaper editor, publisher, postmaster, lawyer. Born at Hanover, Morris Co., New Jersey. Son of Enon Phelps and Mehitabel Goldsmith. Moved to Homer, Cortland Co., New York, 1800. Married Sally Waterman,...

View Full Bio
,
O. P. [Orrin Porter] Rockwell

June 1814–9 June 1878. Ferry operator, herdsman, farmer. Born in Belchertown, Hampshire Co., Massachusetts. Son of Orin Rockwell and Sarah Witt. Moved to Farmington (later in Manchester), Ontario Co., New York, 1817. Neighbor to JS. Baptized into Church of...

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June 1814–9 June 1878. Ferry operator, herdsman, farmer. Born in Belchertown, Hampshire Co., Massachusetts. Son of Orin Rockwell and Sarah Witt. Moved to Farmington (later in Manchester), Ontario Co., New York, 1817. Neighbor to JS. Baptized into Church of...

View Full Bio
,
Joseph W. Coolidge

31 May 1814–13 Jan. 1871. Carpenter, miller, merchant. Born in Bangor, Hancock Co., Maine. Son of John Kittridge Coolidge and Rebecca Stone Wellington. Moved to Cincinnati, by 1817. Moved to area of Mackinaw, Tazewell Co., Illinois, 1834. Married Elizabeth...

View Full Bio
,
Stephn Markam [Stephen Markham]

9 Feb. 1800–10 Mar. 1878. Carpenter, farmer, stock raiser. Born at Rush (later Avon), Ontario Co., New York. Son of David Markham and Dinah Merry. Moved to Mentor, Geauga Co., Ohio, 1809. Moved to Unionville, Geauga Co., 1810. Married Hannah Hogaboom, before...

View Full Bio
,
D. H. [David Harvey] Redfield

31 Aug. 1807–27 Dec. 1878. Teamster, farmer, merchant, coroner. Born at Herkimer, Herkimer Co., New York. Son of Samuel Russell Redfield and Sarah Gould. Baptized into Church of Jesus Christ of Latter-day Saints, by 1831. Ordained a priest by Sidney Rigdon...

View Full Bio
[,]
John Lytle

18 Aug. 1803–12 Oct. 1892. Blacksmith, policeman, farmer. Born in Turbot Township, Northumberland Co., Pennsylvania. Son of Andrew Lytle and Sarah Davidson. Moved to West Buffalo, Northumberland Co., by 1810. Moved to Ohio, ca. 1820. Married Christina Diana...

View Full Bio
&
D[imick] B. Huntington

26 May 1808–1 Feb. 1879. Farmer, blacksmith, shoemaker, constable, coroner, deputy sheriff, Indian interpreter. Born at Watertown, Jefferson Co., New York. Son of William Huntington and Zina Baker. Married Fannie Maria Allen, 28 Apr. 1830. Baptized into Church...

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on
Habeus corpes

“Have the body”; a written order from a court of competent jurisdiction commanding anyone having a person in custody to produce such person at a certain time and place and to state the reasons why he or she is being held in custody. The court will determine...

View Glossary
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...

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—
.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...

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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...

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’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
Hyrum Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

View Full Bio
.
W W. Phelps

17 Feb. 1792–7 Mar. 1872. Writer, teacher, printer, newspaper editor, publisher, postmaster, lawyer. Born at Hanover, Morris Co., New Jersey. Son of Enon Phelps and Mehitabel Goldsmith. Moved to Homer, Cortland Co., New York, 1800. Married Sally Waterman,...

View Full Bio
.
O P. Rockwell

June 1814–9 June 1878. Ferry operator, herdsman, farmer. Born in Belchertown, Hampshire Co., Massachusetts. Son of Orin Rockwell and Sarah Witt. Moved to Farmington (later in Manchester), Ontario Co., New York, 1817. Neighbor to JS. Baptized into Church of...

View Full Bio
Joseph W. Coolidge

31 May 1814–13 Jan. 1871. Carpenter, miller, merchant. Born in Bangor, Hancock Co., Maine. Son of John Kittridge Coolidge and Rebecca Stone Wellington. Moved to Cincinnati, by 1817. Moved to area of Mackinaw, Tazewell Co., Illinois, 1834. Married Elizabeth...

View Full Bio
.
Stephen Markham

9 Feb. 1800–10 Mar. 1878. Carpenter, farmer, stock raiser. Born at Rush (later Avon), Ontario Co., New York. Son of David Markham and Dinah Merry. Moved to Mentor, Geauga Co., Ohio, 1809. Moved to Unionville, Geauga Co., 1810. Married Hannah Hogaboom, before...

View Full Bio
,
D. H. Redfield

31 Aug. 1807–27 Dec. 1878. Teamster, farmer, merchant, coroner. Born at Herkimer, Herkimer Co., New York. Son of Samuel Russell Redfield and Sarah Gould. Baptized into Church of Jesus Christ of Latter-day Saints, by 1831. Ordained a priest by Sidney Rigdon...

View Full Bio
John Lytle

18 Aug. 1803–12 Oct. 1892. Blacksmith, policeman, farmer. Born in Turbot Township, Northumberland Co., Pennsylvania. Son of Andrew Lytle and Sarah Davidson. Moved to West Buffalo, Northumberland Co., by 1810. Moved to Ohio, ca. 1820. Married Christina Diana...

View Full Bio
&
D. B. Huntington

26 May 1808–1 Feb. 1879. Farmer, blacksmith, shoemaker, constable, coroner, deputy sheriff, Indian interpreter. Born at Watertown, Jefferson Co., New York. Son of William Huntington and Zina Baker. Married Fannie Maria Allen, 28 Apr. 1830. Baptized into Church...

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before the court and upon the reading and filing the petition for a writ of Habus corpus to be dircted to one
David Bettisworth

14 July 1814–8 Nov. 1866. Constable, merchant. Born in Virginia. Son of Evan Bettisworth and Drusilla Bean. Moved to Chili Township, Hancock Co., Illinois, 1833. Hancock County constable who arrested JS, 12 June 1844. Carried news of deaths of JS and Hyrum...

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. 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
D. B. Huntington

26 May 1808–1 Feb. 1879. Farmer, blacksmith, shoemaker, constable, coroner, deputy sheriff, Indian interpreter. Born at Watertown, Jefferson Co., New York. Son of William Huntington and Zina Baker. Married Fannie Maria Allen, 28 Apr. 1830. Baptized into Church...

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H. C. [high constable]— and retur[ne]d theron the prisoners before the court, all on file.
David Bettisworth

14 July 1814–8 Nov. 1866. Constable, merchant. Born in Virginia. Son of Evan Bettisworth and Drusilla Bean. Moved to Chili Township, Hancock Co., Illinois, 1833. Hancock County constable who arrested JS, 12 June 1844. Carried news of deaths of JS and Hyrum...

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Made his retu[r]n on the copy of the warrant form—
[Thomas] Morrison

Ca. 1817–13 Apr. 1849. Lawyer, justice of the peace, politician. Resided at Carthage, Hancock Co., Illinois, by 1840. Married Mary E. Wells, 25 Dec. 1844, in Hancock Co. Elected member of Illinois House of Representatives, 1846. Died in Carthage.

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. J. P. all on file.
W. W Phelps

17 Feb. 1792–7 Mar. 1872. Writer, teacher, printer, newspaper editor, publisher, postmaster, lawyer. Born at Hanover, Morris Co., New Jersey. Son of Enon Phelps and Mehitabel Goldsmith. Moved to Homer, Cortland Co., New York, 1800. Married Sally Waterman,...

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read Kents [James Kent’s] commentaries p. 26.— Cou[r]t gave leave to amend the writ and insert the names of
John Taylor

1 Nov. 1808–25 July 1887. Preacher, editor, publisher, politician. Born at Milnthorpe, Westmoreland, England. Son of James Taylor and Agnes Taylor, members of Church of England. Around age sixteen, joined Methodist church and was local preacher. Migrated ...

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.
J. P. Green [John P. Greene]

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
.
Levi Richards

14 Apr. 1799–18 June 1876. Teacher, mechanic, inventor, physician. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Baptized into Church of Jesus Christ of Latter-day Saints, 31 Dec. 1836, in Kirtland, Geauga Co., Ohio...

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.
Stephen Perry

22 Dec. 1818–16 Nov. 1888. Farmer, carpenter. Born in Middlebury, Genesee Co., New York. Son of Asahel Perry and Polly Chadwick. Baptized into Church of Jesus Christ of Latter-day Saints, 4 Aug. 1833, in Middlebury. Moved to Kirtland, Geauga Co., Ohio, May...

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[,]
J[onathan] H. Holmes

11 Mar. 1806–18 Aug. 1880. Shoemaker, farmer. Born in Georgetown, Essex Co., Massachusetts. Son of Nathaniel Holmes and Sally Harriman. Baptized into Church of Jesus Christ of Latter-day Saints by John F. Boynton, 1832. Moved to Kirtland, Geauga Co., Ohio...

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,
J[onathan] Dunham

14 Jan. 1800–28 July 1845. Soldier, police captain. Born in Paris, Oneida Co., New York. Son of Jonathan Dunham. Married Mary Kendall. Moved to Rushford, Allegany Co., New York, by 1830. Baptized into Church of Jesus Christ of Latter-day Saints and ordained...

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.
S. Bennet [Samuel Bennett]

Ca. 1810–May 1893. Market inspector, barometer manufacturer, physician. Born in England. Married Selina Campion, 9 Aug. 1836. Baptized into Church of Jesus Christ of Latter-day Saints, by 1839, in U.S. Ordained an elder, 23 Dec. 1839, in Philadelphia. Served...

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. &
W W. Edwads [William H. Edwards]

13 June 1821–13 May 1846. Policeman. Born in Overton Co., Tennessee. Son of Thomas Edwards and Elizabeth. Baptized into Church of Jesus Christ of Latter-day Saints, before Oct. 1839. Ordained an elder, Oct. 1839, in Commerce (later Nauvoo), Hancock Co., Illinois...

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Counsellor
G[eorge] P. Stiles

18 July 1816–Sept. 1885. Attorney, judge, politician. Born in Watertown, Jefferson Co., New York. Son of John Stiles and Persis Cole. Moved to Le Ray, Jefferson Co., by 1820. Moved to Pamela, Jefferson Co., by 1830. Married first Julian Mackemer, 7 Nov. 1841...

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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
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...

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<​Mayor​> to the
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...

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to Execute the resolution of the council— and also, of the Lieut General’s order to the
Major General

14 Jan. 1800–28 July 1845. Soldier, police captain. Born in Paris, Oneida Co., New York. Son of Jonathan Dunham. Married Mary Kendall. Moved to Rushford, Allegany Co., New York, by 1830. Baptized into Church of Jesus Christ of Latter-day Saints and ordained...

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to assist the
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...

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in de[s]troying Said Press.—
W W Phelps

17 Feb. 1792–7 Mar. 1872. Writer, teacher, printer, newspaper editor, publisher, postmaster, lawyer. Born at Hanover, Morris Co., New Jersey. Son of Enon Phelps and Mehitabel Goldsmith. Moved to Homer, Cortland Co., New York, 1800. Married Sally Waterman,...

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spoke in his defence.
J. P. Green

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...

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, 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
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...

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.—
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...

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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.
Wm Marks

15 Nov. 1792–22 May 1872. Farmer, printer, publisher, postmaster. Born at Rutland, Rutland Co., Vermont. Son of Cornell (Cornwall) Marks and Sarah Goodrich. Married first Rosannah R. Robinson, 2 May 1813. Lived at Portage, Allegany Co., New York, where he...

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,
N. K. Whitny [Newel K. Whitney]

3/5 Feb. 1795–23 Sept. 1850. Trader, merchant. Born at Marlborough, Windham Co., Vermont. Son of Samuel Whitney and Susanna Kimball. Moved to Fairfield, Herkimer Co., New York, 1803. Merchant at Plattsburg, Clinton Co., New York, 1814. Mercantile clerk for...

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,
Geo W Harris

1 Apr. 1780–1857. Jeweler. Born at Lanesboro, Berkshire Co., Massachusetts. Son of James Harris and Diana (Margaret) Burton. Married first Elizabeth, ca. 1800. Married second Margaret, who died in 1828. Moved to Batavia, Genesee Co., New York, by 1830. Married...

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Gustavus Hills

29 Jan. 1804–18 Oct. 1846. Music teacher, engraver, jeweler, newspaper editor, judge. Born in Chatham, Middlesex Co., Connecticut. Son of Lebbeus Hills and Mary Gibson. Married Elizabeth Mansfield, 25 Dec. 1827, in Middletown, Middlesex Co. Moved to Warren...

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and
Elias Smith

6 Sept. 1804–24 June 1888. Teacher, printer, postmaster, bookkeeper, probate judge, newspaper editor. Born in Royalton, Windsor Co., Vermont. Son of Asahel Smith and Elizabeth Schellenger. Moved to Stockholm, St. Lawrence Co., New York, 1809. Baptized into...

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associate Justices, [p. 111]
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Source Note

Document Transcript

Page 111

Document Information

Related Case Documents
Editorial Title
Docket Entry, circa 13 June 1844 [State of Illinois v. H. Smith et al. on Habeas Corpus]
ID #
10665
Total Pages
2
Print Volume Location
Handwriting on This Page
  • Willard Richards
  • Thomas Bullock

Footnotes

  1. new scribe logo

    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.)

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