Declaration, circa 17 August 1843 [JS v. Reynolds and Wilson–A]

  • Source Note
  • Historical Introduction

Document Transcript

Joseph Smith) of the Sept. Term of the Circuit Court A. D. 1843—
vs.)
&)
)
State of Illinois
To wit, Joseph Smith plaintiff in this Suit, by & Noble his Attys, complains of & defendants in this suit who have been arrested at the suit of the said plaintiff in a of : For that the said defendants heretofore, to wit, on the fifteenth day of June in the year of our Lord eighteen hundred & forty three with force & arms &c. the said plaintiff at & within the county of & state of Illinois aforesaid & then & there seized & laid hold of the said plaintiff and with great force & violence pulled and dragged about the said plaintiff & then & there gave & struck to the said plaintiff a great many violent blows & strokes, & then & there ill treated bruised and wounded the said plaintiff with fire arms pistols & guns, and assaulted & threatened to shoot & kill the said plaintiff with the same; and also then & there with great force & violence shook & pulled & dragged about the said plaintiff; & then & there forced & tore the said plaintiff with great haste & violence from his & family & forced & compelled the said plaintiff to go from & out of a certain dwelling house situate & being in the county of aforesaid at Palestine Grove, into the puplic road there, & then & there forced & compelled him to go in and along divers public roads for a great distance to the town of in said , and then & there forcibly & against the will & consent of said plaintiff imprisoned the said plaintiff & held him in duress & kept & detained him in confinement there without any reasonable or probable cause whatsoever, for a long [p. [1]] space of time, to wit for the space of several <​eight​> days, then next following; & then & there during said duress & imprisonment the said defendants forcibly seized & laid hold of the said plaintiff, and dragged & forced & compelled him to go against his will & consent at a late & unusual hour of the night through the streets of said town of & then & there assaulted him with pistols, guns & fire arms & threatened the life of said plaintiff; and then & there the said defendants were unwilling and did refuse to allow the said plaintiff the privilege of the writ of ; & then & there made effort & attempted forcibly to drag & convey the said plaintiff against his will & consent out of the said state of contrary to the laws <​& customs​> of the same & of the
By means of which said several premises, was then & there the said plaintiff was then & there greatly hurt bruised & wounded & became & was sick sore lame & disordered & so remained & continued for a long space of time, to wit, for the space of three weeks then next following, during all which time the said plaintiff thereby suffered & underwent great pain, and was hindered & prevented from performing & transacting his necessary affairs & business by him during that time & the time of his said imprisonment to be performed & transacted, & was also by reason of the said several premises then & there greatly exposed & injured in his credit & circumstances; and also thereby the said plaintiffwas forced & obliged to and did necessarily pay, lay out, & expend a large sum of money; to wit: the sum of five thousand dollars of lawful money of the in and about endeavoring to be released from the said illegal restraint duress & imprisonment & in & about endeavoring to be cured of the bruises wounds sickness soreness lameness & disorder aforesaid caused as aforesaid to wit at & within the said County of aforesaid [p. [2]]
And also for that the said defendants <​heretofore to wit​> on the fifteenth of June in the year of our Lord eighteen hundred & forty three with force & arms &c, again the said plaintiff to wit at & within the said County of & then & there beat bruised & ill treated him & threatened his life, & then and there imprisoned him & kept & detained him in prison & confinement & duress there without any authority of law & without any reasonable or probable cause whatsoever for a long time to wit for the space of eight days then next following, contrary to the laws & customs of this & of the and against the will of the said plaintiff—
And also for that the said defendants on the day & year aforesaid with force & arms &c. made another on the said plaintiff to wit at & within the aforesaid & then & there again beat bruised wounded & ill treated him & threatened his life, insomuch that his life was then and there thereby was greatly endangered & despaired of
And other wrongs to the said plaintiff then & there did to the great damage of the said plaintiff and against the peace & dignity of the said state of . Wherefore the said plaintiff saith that he is injured & hath sustained damage to the amount of ten thousand dollars and therefore he brings his suit &c—
& for Plff— [p. [3]]
Joseph Smith
vs.
& Nar
 
Filed August 18th 1843
C[harles] T. Chase Clerk M. Fellows deputy
 
333 44 23 [p. [4]]

Footnotes

  1. new scribe logo

    Docket in handwriting of Shepherd Patrick.  

  2. new scribe logo

    Notation in handwriting of M. Fellows.  

  3. new scribe logo

    Docket in unidentified handwriting.