Introduction to R. D. Foster v. Hawn

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Introduction to R. D. Foster v. Hawn Docket Entry, 5–ca. 22 January 1844 [R. D. Foster v. Hawn]
Introduction to R. D. Foster v. Hawn
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R. D. Foster v. Hawn

Nauvoo, Hancock Co., Illinois, Justice of the Peace Court, 15 January 1844

Historical Introduction

On 15 January 1844, JS testified before
Justice of the Peace
A local public judicial officer, commissioned to mete out justice for, or to prevent, a breach of the peace or other violation of the law. “When a felony or breach of the peace has been committed in their presence, they may personally arrest the offender,...
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Aaron Johnson
22 June 1806–10 May 1877. Farmer, gunmaker. Born in Haddam, Middlesex Co., Connecticut. Son of Didymus Johnson and Ruhamah Stephens. Joined Methodist church, early 1820s. Married Polly Zeruah Kelsey, 13 Sept. 1827, in New Haven, New Haven Co., Connecticut...
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of
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 ...
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, Illinois, in a debt suit between
Robert D. Foster
14 Mar. 1811–1 Feb. 1878. Justice of the peace, physician, land speculator. Born in Braunston, Northamptonshire, England. Son of John Foster and Jane Knibb. Married Sarah Phinney, 18 July 1837, at Medina Co., Ohio. Baptized into Church of Jesus Christ of ...
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and James Hawn. Ten days earlier, Foster had sworn a complaint before Johnson regarding a $32 debt Hawn owed him and had requested that Johnson issue a writ of
capias ad respondendum
Latin for “that you take until answer”; a writ commanding an officer to arrest a defendant to answer the plaintiff’s plea. A defendant arrested on this writ was committed to prison unless a bail bond was given. The amount of bail would be endorsed on the ...
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for Hawn’s arrest.
1
Docket Entry, 5–ca. 22 Jan. 1844 [R. D. Foster v. Hawn]; JS, Journal, 15 Jan. 1844. Illinois law permitted Foster to swear under oath that he believed Hawn was likely to flee or abscond with his property to avoid paying the debt. According to state statute, after receiving such an affidavit, the justice of the peace would issue a writ of capias ad respondendum to apprehend the defendant. It is unknown if Foster’s complaint was given in writing. (An Act concerning Justices of the Peace and Constables [3 Feb. 1827], Public and General Statute Laws of the State of Illinois [1839], pp. 403–404, sec. 4; see also Cotton, Treatise on the Powers and Duties of Justices of the Peace in the State of Illinois, 368–372.)
Comprehensive Works Cited
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.
Cotton, Henry G. A Treatise on the Powers and Duties of Justices of the Peace in the State of Illinois, with Practical Forms. Ottawa, IL: By the author, 1845.
Both Foster and Hawn requested Johnson to subpoena several witnesses; JS was subpoenaed to testify on behalf of Hawn, a church member.
2
McBride, Autobiography, 25.
Comprehensive Works Cited
McBride, James. Autobiography, 1874–1876. Microfilm. CHL. MS 8201.
Although JS testified at the trial on 15 January, the content of his testimony is unknown.
3
Docket Entry, 5–ca. 22 Jan. 1844 [R. D. Foster v. Hawn]; JS, Journal, 15 Jan. 1844.
After hearing the “proofs and allegations,” Johnson held that Hawn should pay the $32 debt and the $11.77 costs of suit.
4
Docket Entry, 5–ca. 22 Jan. 1844 [R. D. Foster v. Hawn].

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.

1844 (9)
January (9)
5 January 1844
Robert D. Foster, Affidavit, Nauvoo, Hancock Co., IL
5 Jan. 1844. Not extant.
1
See Docket Entry, 5–ca. 22 Jan. 1844 [R. D. Foster v. Hawn]. Illinois law permitted Foster to swear under oath that he believed James Hawn was likely to flee or abscond with his property to avoid paying the debt. According to state statute, after receiving such an affidavit, the justice of the peace would issue a writ of capias ad respondendum to apprehend the defendant. It is unknown if Foster’s complaint was given in writing. (An Act concerning Justices of the Peace and Constables [3 Feb. 1827], Public and General Statute Laws of the State of Illinois [1839], pp. 403–404, sec. 4; see also Cotton, Treatise on the Powers and Duties of Justices of the Peace in the State of Illinois, 368–372.)

5 January 1844
Aaron Johnson, Capias, to Horace Eldredge, for James Hawn, Nauvoo, Hancock Co., IL
1
Johnson made this writ of capias returnable on 15 January 1844. (See Docket Entry, 5–ca. 22 Jan. 1844 [R. D. Foster v. Hawn].)

8 January 1844
Aaron Johnson, Subpoena, for Dr. Roberts and Others, Nauvoo, Hancock Co., IL
1
See Docket Entry, 5–ca. 22 Jan. 1844 [R. D. Foster v. Hawn].

10 January 1844
Horace Fish, Recognizance, Nauvoo, Hancock Co., IL
1

13 January 1844
Aaron Johnson, Subpoena, for Abner Chase and Others, Nauvoo, Hancock Co., IL
1

15 January 1844
Aaron Johnson, Subpoena, for JS, Nauvoo, Hancock Co., IL
1

15 January 1844
Aaron Johnson, Subpoena, for Wilson Law and John Snider, Nauvoo, Hancock Co., IL
1

22 January 1844
Execution, Nauvoo, Hancock Co., IL
1

5–ca. 22 January 1844
Docket Entry, Nauvoo, Hancock Co., IL
5–ca. 22 Jan. 1844; Robinson and Johnson, Docket Book, 183, Collection of Manuscripts about Mormons, 1832–1954, Chicago History Museum; handwriting of Aaron Johnson.

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Footnotes
[1]
Docket Entry, 5–ca. 22 Jan. 1844 [R. D. Foster v. Hawn]; JS, Journal, 15 Jan. 1844. Illinois law permitted Foster to swear under oath that he believed Hawn was likely to flee or abscond with his property to avoid paying the debt. According to state statute, after receiving such an affidavit, the justice of the peace would issue a writ of capias ad respondendum to apprehend the defendant. It is unknown if Foster’s complaint was given in writing. (An Act concerning Justices of the Peace and Constables [3 Feb. 1827], Public and General Statute Laws of the State of Illinois [1839], pp. 403–404, sec. 4; see also Cotton, Treatise on the Powers and Duties of Justices of the Peace in the State of Illinois, 368–372.)
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.
Cotton, Henry G. A Treatise on the Powers and Duties of Justices of the Peace in the State of Illinois, with Practical Forms. Ottawa, IL: By the author, 1845.
[2]
McBride, Autobiography, 25.
McBride, James. Autobiography, 1874–1876. Microfilm. CHL. MS 8201.
[3]
Docket Entry, 5–ca. 22 Jan. 1844 [R. D. Foster v. Hawn]; JS, Journal, 15 Jan. 1844.
[4]
Docket Entry, 5–ca. 22 Jan. 1844 [R. D. Foster v. Hawn].