Introduction to State of Illinois v. Goddard et al. on Habeas Corpus

 

On 4 February 1843, JS presided over a hearing in the , Illinois, municipal court for Stephen Goddard, , and William Riley. The hearing grew out of an incident on 2 February in which Josiah Simpson interrupted a choir practice in Nauvoo and had a confrontation with Goddard. That night Goddard had Simpson arrested, and the next day Simpson was convicted of assault in a trial before Justice of the Peace . In retaliation, Simpson filed a complaint before Nauvoo alderman and justice of the peace that accused Goddard, Cahoon, and Riley of “unlawfully assaulting and beating” him. Spencer issued a warrant on 3 February, and the following morning Constable James Flack arrested the three men.

After their arrest, —who had been present at the altercation—brought Goddard and to visit JS, who advised the accused men to obtain a writ of from the city’s municipal court. That same morning, following JS’s advice, Clayton prepared a petition for a writ of habeas corpus for the three men, and , the municipal court clerk, issued the writ commanding Flack to present the prisoners. In preparation for the hearing, he also issued an attachment to summon the municipal court justices and subpoenas for witnesses.

The court assembled that evening with JS presiding. , who in his role as justice of the peace had issued the warrant for Goddard, , and Riley, sat as an associate justice in the municipal court. Although the prosecuting and defense attorneys indicated their desire to adhere strictly to procedural issues surrounding the case, Goddard, Cahoon, and Riley indicated through their attorney that they “wished for an investigation” into the charge itself. The court heard testimony from ten witnesses. Simpson’s brother reportedly testified that Riley had “struck” Simpson—a claim that , who had witnessed the conflict, dismissed as “utterly false.” In contrast, Clayton testified that the defendants had merely defended themselves from Simpson’s attacks. At the conclusion of the testimony, the court—going beyond what was understood at common law to be permissible in cases—“acquitted” Cahoon and heard his testimony on behalf of the remaining defendants. Ultimately, the court remanded Goddard and Riley to custody to await trial and then ordered Goddard, Riley, and Simpson to pay the costs of the hearing. While Goddard and Riley paid at least a portion of their costs, Simpson did not, and an execution issued in April 1843 was unsuccessful in obtaining any property.

 

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