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Introduction to State of Illinois v. C. L. Higbee Complaint, 24 May 1842 [State of Illinois v. C. L. Higbee] Warrant, 24 May 1842 [State of Illinois v. C. L. Higbee] Subpoena, 24 May 1842 [State of Illinois v. C. L. Higbee] Recognizance, 24 May 1842 [State of Illinois v. C. L. Higbee] Docket Entry, circa 24 May 1842 [State of Illinois v. C. L. Higbee] Docket Entry, circa 24 May 1842, Copy [State of Illinois v. C. L. Higbee] Subpoena, 14 September 1842 [State of Illinois v. C. L. Higbee] Subpoena, 19 September 1842 [State of Illinois v. C. L. Higbee] Case File Wrapper, circa October 1842 [State of Illinois v. C. L. Higbee]

Docket Entry, circa 24 May 1842, Copy [State of Illinois v. C. L. Higbee]

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. 24 May 1842, State of IL v. C. L. Higbee (Hancock Co., IL, Circuit Court 1842). Copied 1 Sept. 1842; handwriting of
Ebenezer Robinson

25 May 1816–11 Mar. 1891. Printer, editor, publisher. Born at Floyd (near Rome), Oneida Co., New York. Son of Nathan Robinson and Mary Brown. Moved to Utica, Oneida Co., ca. 1831, and learned printing trade at Utica Observer. Moved to Ravenna, Portage Co....

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; certified by
Ebenezer Robinson

25 May 1816–11 Mar. 1891. Printer, editor, publisher. Born at Floyd (near Rome), Oneida Co., New York. Son of Nathan Robinson and Mary Brown. Moved to Utica, Oneida Co., ca. 1831, and learned printing trade at Utica Observer. Moved to Ravenna, Portage Co....

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, 1 Sept. 1842; docket and notation by
Jacob Davis

16 Sept. 1820–25 Dec. 1883. Lawyer, farmer, politician. Born near Staunton, Augusta Co., Virginia. Son of William C. Davis and Sarah (Sallie) Van Lear. Lived at Augusta Co., 1830. Moved to Warsaw, Hancock Co., Illinois, by 1838. Served as Illinois circuit...

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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...

More Info
, Hancock Co., IL], 14 Sept. 1842; two pages; Hancock Co., IL, Circuit Court Legal Documents, 1839–1860, BYU. Includes seal.
Upon appeal, justice of the peace
Ebenezer Robinson

25 May 1816–11 Mar. 1891. Printer, editor, publisher. Born at Floyd (near Rome), Oneida Co., New York. Son of Nathan Robinson and Mary Brown. Moved to Utica, Oneida Co., ca. 1831, and learned printing trade at Utica Observer. Moved to Ravenna, Portage Co....

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created a certified transcript of his docket entry, which was filed with the
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 ...

More Info
, Illinois, circuit court in 1842. This document remained in the custody of the circuit court until at least 1968, when Richard and Pamela Price made a photocopy of it. A portion of the case documents and several other Hancock county records had been acquired by Pearl Gordon Vestal, a local historian from Hamilton, Illinois, by 1958. After her death, her family sold them to manuscript collector David C. Martin in 1973.
1

Price and Price, Joseph Smith Fought Polygamy, 1:144–145, 158–159; David C. Martin, Nauvoo, IL, to Chad Flake, Provo, UT, 8 Aug. 1973, in Case File for Hancock Co., IL, Circuit Court Legal Documents, 1839–1860, BYU.


Comprehensive Works Cited

Price, Richard, and Pamela Price. Joseph Smith Fought Polygamy: Volume 1. Independence, MO: Price Pub. Co., 2000.

Hancock Co., IL, Circuit Court Legal Documents, 1839–1860. Twentieth-Century Western and Mormon Manuscripts. BYU.

In 1975, Martin sold the court records to the Harold B. Lee Library at Brigham Young University. Later that year, library staff merged the Martin acquisition with two distinct document accretions from manuscript collectors Steven Barnett and Peter Crawley.
2

Approximately eleven different collections were subsequently added to the collection in 1980. (Bibliographic entry for Hancock Co., IL, Circuit Court Legal Documents, 1839–1860, BYU; Willard C. Smith, “Hancock County, Illinois Legal Documents,” 1980, in Case File for Hancock Co., IL, Circuit Court Legal Documents, 1839–1860, BYU.)


Comprehensive Works Cited

Hancock Co., IL, Circuit Court Legal Documents, 1839–1860. Twentieth-Century Western and Mormon Manuscripts. BYU.

Footnotes

  1. [1]

    Price and Price, Joseph Smith Fought Polygamy, 1:144–145, 158–159; David C. Martin, Nauvoo, IL, to Chad Flake, Provo, UT, 8 Aug. 1973, in Case File for Hancock Co., IL, Circuit Court Legal Documents, 1839–1860, BYU.

    Price, Richard, and Pamela Price. Joseph Smith Fought Polygamy: Volume 1. Independence, MO: Price Pub. Co., 2000.

    Hancock Co., IL, Circuit Court Legal Documents, 1839–1860. Twentieth-Century Western and Mormon Manuscripts. BYU.

  2. [2]

    Approximately eleven different collections were subsequently added to the collection in 1980. (Bibliographic entry for Hancock Co., IL, Circuit Court Legal Documents, 1839–1860, BYU; Willard C. Smith, “Hancock County, Illinois Legal Documents,” 1980, in Case File for Hancock Co., IL, Circuit Court Legal Documents, 1839–1860, BYU.)

    Hancock Co., IL, Circuit Court Legal Documents, 1839–1860. Twentieth-Century Western and Mormon Manuscripts. BYU.

Historical Introduction

See Introduction to State of Illinois v. C. L. Higbee.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Docket Entry, circa 24 May 1842 [ State of Illinois v. C. L. Higbee ]
Docket Entry, circa 24 May 1842, Copy [ State of Illinois v. C. L. Higbee ]

Page [1]

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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)
Slander and Defamation of Character.
vs.)
Chancy [Chauncey] L. Higbee

7 Sept. 1821–7 Dec. 1884. Lawyer, banker, politician, judge. Born in Tate Township, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Lived in Fulton, Hamilton Co., Ohio, 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832...

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)
Justice fees $1.62½)
const. " )
3 <​4​> Witnesses $2.00)
May 24, 1842. Upon the affidavit of Joseph Smith, a Warrant issued against
Chancy L. Higbee

7 Sept. 1821–7 Dec. 1884. Lawyer, banker, politician, judge. Born in Tate Township, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Lived in Fulton, Hamilton Co., Ohio, 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832...

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for slander and defamation committed against the said Joseph Smith and
Emma Smith

10 July 1804–30 Apr. 1879. Scribe, editor, boardinghouse operator, clothier. Born at Willingborough Township (later in Harmony), Susquehanna Co., Pennsylvania. Daughter of Isaac Hale and Elizabeth Lewis. Member of Methodist church at Harmony (later in Oakland...

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his wife, at sundry times in the 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
, and 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 ...

More Info
May 24, 1842. Warrant executed by Lewis Robison constable, by bringing the
Defendant

7 Sept. 1821–7 Dec. 1884. Lawyer, banker, politician, judge. Born in Tate Township, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Lived in Fulton, Hamilton Co., Ohio, 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832...

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forward. At request of complainant Subpoena issued for Margaret J. Nyman, Matilda Nyman and Sarah Miller, and was served by Constable Robinson. And the witnesses attended.
On hearing, the
Defendant

7 Sept. 1821–7 Dec. 1884. Lawyer, banker, politician, judge. Born in Tate Township, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Lived in Fulton, Hamilton Co., Ohio, 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832...

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is required to give bail in the sum of Two Hundred Dollars, for his appearance at the next term of the Circuit Court for 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 ...

More Info
, to answer said complaint.
Whereupon, the
Defendant

7 Sept. 1821–7 Dec. 1884. Lawyer, banker, politician, judge. Born in Tate Township, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Lived in Fulton, Hamilton Co., Ohio, 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832...

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, and
Francis M. Higbee

1820–after 1850. Attorney, merchant. Born in Tate, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Moved to Fulton, Hamilton Co., Ohio, by 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832. Moved to Jackson Co., Missouri...

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entered into bond accordingly.
State of Illinois) ss. [scilicet]
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 ...

More Info
)
I,
Ebenezer Robinson

25 May 1816–11 Mar. 1891. Printer, editor, publisher. Born at Floyd (near Rome), Oneida Co., New York. Son of Nathan Robinson and Mary Brown. Moved to Utica, Oneida Co., ca. 1831, and learned printing trade at Utica Observer. Moved to Ravenna, Portage Co....

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, Justice of the peace, do certify that the foregoing is a true copy from my Docket, of the proceedings in the above case.
September 1, 1842
E. Robinson

25 May 1816–11 Mar. 1891. Printer, editor, publisher. Born at Floyd (near Rome), Oneida Co., New York. Son of Nathan Robinson and Mary Brown. Moved to Utica, Oneida Co., ca. 1831, and learned printing trade at Utica Observer. Moved to Ravenna, Portage Co....

View Full Bio
J. P. L. S.
1

TEXT: “L. S.” (locus sigilli, Latin for “location of the seal”) enclosed in a hand-drawn representation of a seal.


[p. [1]]
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Document Information

Related Case Documents
Editorial Title
Docket Entry, circa 24 May 1842, Copy [State of Illinois v. C. L. Higbee]
ID #
4077
Total Pages
2
Print Volume Location
Handwriting on This Page
  • Ebenezer Robinson

Footnotes

  1. [1]

    TEXT: “L. S.” (locus sigilli, Latin for “location of the seal”) enclosed in a hand-drawn representation of a seal.

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