No image available

Introduction to City of Nauvoo v. A. Spencer

City of Nauvoo v. A. Spencer
Nauvoo, Hancock Co., Illinois, Mayor’s Court, 26 April 1844
 
City of Nauvoo v. A. Spencer
Nauvoo, Hancock Co., Illinois, Municipal Court, 3 June 1844
 
Historical Introduction
On 26 April 1844, JS presided in the , Illinois, mayor’s court over the prosecution of for the assault of his brother . The previous November, the brothers’ father, Daniel Spencer Sr., had died intestate. A bitter familial dispute followed, as Orson and his mother, Chloe, unsuccessfully opposed Augustine’s appointment as the estate’s administrator. The divide between the brothers was further complicated when Augustine, who unlike his mother and brother was not a Latter-day Saint, began associating with opponents of the church in Nauvoo. When visiting Orson’s home on or about 26 April, Augustine reportedly insulted his mother, as well as JS and , and allegedly choked his brother in the physical altercation that ensued.
reported the fight to JS, who on 26 April sent to apprehend , apparently without a warrant. Rockwell confronted Spencer at the law office of in , but after Spencer refused arrest, Rockwell called on Nauvoo city marshal for assistance. Greene was similarly unsuccessful. The marshal then requested three bystanders—, , and —to aid him in taking Spencer, but they refused to help unless the officer produced a warrant. Finally, the marshal left and asked JS for a warrant, which was granted. With warrant in hand, Greene detained Spencer and brought him before JS in the mayor’s court. JS then ordered Greene to arrest Higbee and the Fosters for their earlier refusal to assist the marshal. At the trial, JS convicted Spencer of breaching unspecified city ordinances “for assault,” fined him $100, and ordered him to enter into a to keep the peace.
appealed the conviction to the Municipal Court, in accordance with the city charter. , clerk of the municipal court, issued a writ of ordering the mayor’s court to stay JS’s decision, thereby suspending the lower court’s proceedings until the appeal was resolved. On 3 June 1844, the municipal court heard the appeal. JS, the chief justice, was not present, and was elected president pro tempore. When Spencer did not appear, the municipal court dismissed the appeal and assessed him the costs. Richards issued a writ of procedendo, ordering the mayor’s court to continue its efforts to collect the fine and enforce the . Spencer evidently never paid the costs.
 
Calendar of Documents
This calendar lists all known documents created by or for the court, whether extant or not. It does not include versions of documents created for other purposes, though those versions may be listed in footnotes. In certain cases, especially in cases concerning unpaid debts, the originating document (promissory note, invoice, etc.) is listed here. Note that documents in the calendar are grouped with their originating court. Where a version of a document was subsequently filed with another court, that version is listed under both courts.
City of Nauvoo v. A. Spencer
Nauvoo, Hancock Co., Illinois, Mayor’s Court, 26 April 1844
 
City of Nauvoo v. A. Spencer
Nauvoo, Hancock Co., Illinois, Municipal Court, 3 June 1844
 
Historical Introduction
On 26 April 1844, JS presided in the , Illinois, mayor’s court over the prosecution of for the assault of his brother . The previous November, the brothers’ father, Daniel Spencer Sr., had died intestate. A bitter familial dispute followed, as Orson and his mother, Chloe, unsuccessfully opposed Augustine’s appointment as the estate’s administrator. The divide between the brothers was further complicated when Augustine, who unlike his mother and brother was not a Latter-day Saint, began associating with opponents of the church in Nauvoo. When visiting Orson’s home on or about 26 April, Augustine reportedly insulted his mother, as well as JS and , and allegedly choked his brother in the physical altercation that ensued.
reported the fight to JS, who on 26 April sent to apprehend , apparently without a warrant. Rockwell confronted Spencer at the law office of in , but after Spencer refused arrest, Rockwell called on Nauvoo city marshal for assistance. Greene was similarly unsuccessful. The marshal then requested three bystanders—, , and —to aid him in taking Spencer, but they refused to help unless the officer produced a warrant. Finally, the marshal left and asked JS for a warrant, which was granted. With warrant in hand, Greene detained Spencer and brought him before JS in the mayor’s court. JS then ordered Greene to arrest Higbee and the Fosters for their earlier refusal to assist the marshal. At the trial, JS convicted Spencer of breaching unspecified city ordinances “for assault,” fined him $100, and ordered him to enter into a to keep the peace.
appealed the conviction to the Municipal Court, in accordance with the city charter. , clerk of the municipal court, issued a writ of ordering the mayor’s court to stay JS’s decision, thereby suspending the lower court’s proceedings until the appeal was resolved. On 3 June 1844, the municipal court heard the appeal. JS, the chief justice, was not present, and was elected president pro tempore. When Spencer did not appear, the municipal court dismissed the appeal and assessed him the costs. Richards issued a writ of procedendo, ordering the mayor’s court to continue its efforts to collect the fine and enforce the . Spencer evidently never paid the costs.
 
Calendar of Documents
This calendar lists all known documents created by or for the court, whether extant or not. It does not include versions of documents created for other purposes, though those versions may be listed in footnotes. In certain cases, especially in cases concerning unpaid debts, the originating document (promissory note, invoice, etc.) is listed here. Note that documents in the calendar are grouped with their originating court. Where a version of a document was subsequently filed with another court, that version is listed under both courts.
 
City of Nauvoo v. A. Spencer Nauvoo, Hancock Co., Illinois, Mayor’s Court
 
A. Spencer v. City of Nauvoo Nauvoo, Hancock Co., Illinois, Municipal Court