Testimony against , , Hancock Co., IL, 25 May 1844; handwriting of ; docket in handwriting of ; nine pages; JS Office Papers, CHL.
State of Illinois)
City of )
Personally appeared before me, , Clerk of the municipal court in and for the aforesaid , Marshal of said , who being duly Sworn according to ordinance deposeth and saith that on Friday the 26th day of Ap[r]il 1844, Mr informed me that one had committed an assault on the person of Alderman, , and the Mayor of the had sent for said . I repaird immediately to ’s Store <Law office> where I found said . Made him <my> prisoner, & informed him he must go with me to the Mayor’s , when he said he would not go. I then calledupon <commanded> , and to assist me in taking said to the Mayor’s ; but they swore they would not. and used many threatning oaths and aspersions, Saying they would “see the Mayor and the damned and then they would not.” but soon after they followed me and the prisoner to the door, when the Mayor ordered me to arrest Said Foster’s and for refusing to assist me in the discharge of my duty. I immediately attempted to arrest them, but they resisted, and with horrid imprecations threatened to shoot. I <laid hold of , and told him he was my prisoner, and told him he & must go into the with me, when Laid violnt hands on me & I> commanded the bye standers to assist me; When there not being sufficient present, the Mayor, laid hold on the Two Fosters at the same time. At that instant drew a double barrel pistol on the Mayor, Joseph Smith, but it was instantly wrenched from his hands, and he afterward declared I <he> would have shot the <you -[speaking to the> Mayor]- if he <you> had lethis <not taken my> pistol [p. 6]