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Introduction to State of Illinois v. D. Brown and Edwards

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Introduction to State of Illinois v. D. Brown and Edwards Complaint, 14 November 1842 [State of Illinois v. D. Brown and Edwards] Warrant, 14 November 1842 [State of Illinois v. D. Brown and Edwards] Subpoena, 15 November 1842 [State of Illinois v. D. Brown and Edwards] Minutes, 15 November 1842 [State of Illinois v. D. Brown and Edwards] Docket Entry, between 14 and circa 15 November 1842 [State of Illinois v. D. Brown and Edwards] Execution, 10 December 1842 [State of Illinois v. D. Brown and Edwards] Execution, 4 April 1843 [State of Illinois v. D. Brown and Edwards]

Introduction to State of Illinois v. D. Brown and Edwards

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State of Illinois v. D. Brown and Edwards
Nauvoo, Hancock Co., Illinois, Mayor’s Court, 15 November 1842
 
Historical Introduction
On 15 November 1842, JS, acting as a justice of the peace in the mayor’s court in , Illinois, presided at a preliminary examination of defendants Daniel Brown and Thomas Edwards, who were accused of stealing lumber. The previous day, filed a complaint before JS, claiming to be the owner of nine or ten cottonwood logs located “near Thompsons Lime-kiln.” Niswanger alleged that Brown “willfully & maliciously . . . conveyed away feloniously” the logs. Furthermore, Niswanger believed that Edwards “was aiding & abetting in the removal of said Logs.” Based on the complaint, JS issued a warrant for Brown and Edwards, which was served on 15 November by Constable . The warrant did not explicitly identify a charge, but the docket entry for the case indicated that the men were charged with a felony, presumably .
JS convened a preliminary examination on 15 November to evaluate whether there was probable cause to believe that Brown and Edwards had stolen the logs. Five witnesses appeared for the prosecution, while two testified for the defense. JS also examined . During the examination, defense witnesses indicated that the defendants had been careful to haul only their own logs. After hearing the “proofs and allegations,” JS discharged the prisoners and ordered Niswanger to pay the six dollars in costs. On 11 May 1843, Constable served a , authorizing him to sell some of Niswanger’s property to cover 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.
 

1842 (6)

November (5)

14 November 1842

William Niswanger, Complaint, before JS, Nauvoo, Hancock Co., IL

  • 14 Nov. 1842; Nauvoo, IL, Records, CHL; handwriting of Orson Spencer; signature of William Niswanger; signature of JS; docket in handwriting of James Flack.
14 November 1842

JS as Mayor, Warrant, to Nauvoo City Marshal, for Daniel Brown and Thomas Edwards, Nauvoo, Hancock Co., IL

  • 14 Nov. 1842; Nauvoo, IL, Records, CHL; handwriting of Orson Spencer; signature of JS; docket and notations in handwriting of James Flack.
15 November 1842

JS as Mayor, Subpoena, to Nauvoo City Marshal, for Riley Clark and Others, Nauvoo, Hancock Co., IL

  • 15 Nov. 1842; Nauvoo, IL, Records, CHL; handwriting of James Flack; signature of JS; notation in handwriting of James Flack.
15 November 1842

Minutes, Nauvoo, Hancock Co., IL

  • 15 Nov. 1842; Nauvoo, IL, Records, CHL; handwriting of James Sloan.
Between 14 and ca. 15 November 1842

Docket Entry, Nauvoo, Hancock Co., IL

December (1)

10 December 1842

JS as Justice of the Peace, Execution, to Nauvoo City Marshal, Nauvoo, Hancock Co., IL

  • 10 Dec. 1842; Nauvoo, IL, Records, CHL; handwriting of James Sloan; signature of JS; docket and notation in handwriting of James Sloan; notations in handwriting of John D. Parker.

1843 (1)

April (1)

4 April 1843

JS as Mayor, Execution, to Nauvoo City Marshal, Nauvoo, Hancock Co., IL

  • 4 Apr. 1843; Nauvoo, IL, Records, CHL; handwriting of James Sloan; signature of JS; docket and notations in handwriting of James Sloan; notations in handwriting of John D. Parker.
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Editorial Title
Introduction to State of Illinois v. D. Brown and Edwards
ID #
13886
Total Pages
1
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    Footnotes

    1. [1]

      Docket Entry, ca. 15 Nov. 1842 [State of Illinois v. D. Brown and Edwards].

    2. [2]

      Complaint, 14 Nov. 1842 [State of Illinois v. D. Brown and Edwards].

    3. [3]

      Warrant, 14 Nov. 1842 [State of Illinois v. D. Brown and Edwards].

    4. [4]

      Docket Entry, ca. 15 Nov. 1842 [State of Illinois v. D. Brown and Edwards].

    5. [5]

      For more information on preliminary examinations, see An Act to Regulate the Apprehension of Offenders, and for Other Purposes [1 July 1827], Public and General Statute Laws of the State of Illinois, p. 238, sec. 3.

      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.

    6. [6]

      Docket Entry, ca. 15 Nov. 1842 [State of Illinois v. D. Brown and Edwards]. The prosecution witnesses were Nathan Cheney, Isaac Riley Clark, Samuel Kelsy, Thomas Kelsy, and Edmund Nelson. James Brown and George Davidson testified for the defense.

    7. [7]

      Minutes, 15 Nov. 1842 [State of Illinois v. D. Brown and Edwards].

    8. [8]

      Docket Entry, ca. 15 Nov. 1842 [State of Illinois v. D. Brown and Edwards].

    9. [9]

      Docket Entry, ca. 15 Nov. 1842 [State of Illinois v. D. Brown and Edwards]. If the accused was found not guilty “and it shall appear to the justice . . . that there was no reasonable ground for said prosecution, and that it was maliciously entered . . . the justice of the peace is hereby authorized to give judgment against the complainant for the costs of said suit, and issue execution thereon.” (See An Act to Amend “An Act concerning Justices of the Peace and Constables,” . . . [1 June 1829], Public and General Statute Laws of the State of Illinois, p. 422, sec. 13.)

      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.