Declaration, circa 9 May 1844 [F. M. Higbee v. JS–B]

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Document Transcript

State of Illinois) In the Circuit Court for May Term AD 1844
)
)
Vs) In Case Damages $5000.
Joseph Smith)
complains of Joseph Smith in a plea of the case for that whereas the said is and always has been a good and faithful ci[ti]zen of the State of and has sustained a good fair and honorable character among his neighbours for honesty uprightness and integrity and has never been guilty or until the time of the committing of the several grievances by the said defendant as hereinafter mentioned been suspected to have been guilty of the atrocious crime either of Fornication or Larceny or of any other crime as hereinafter stated to have been charged upon and imputed to him the said by the said Defendant by means whereof the said before the committing of the said several grievances by the said defendant as hereinafter mentioned had deservedly obtained and acquired the good opinion and credit of all his neighbours and other good and worthy citizens of this to wit at the County of aforesaid yet the said defendant well knowing the premises but contriving and wickedly and maliciously intending to injure the said in his aforesaid good name fame and credit <​to distroy his character &​> and to bring him into public scandal infamy and disgrace among his neighbors and to expose him the said to the penalties of the Law for Fornication and for Larceny did on or about the fifth day of January in the year of our Lord one thousand eight hundred and forty four at the and aforesaid falsely <​and​> maliciously speak with and publish in the presence and hearing of sundry persons of the <​said​> , in a cerction [certain] discourse which the said defendant then an[d] there had of and concerning the said [p. [1]] in the presence and hearing of said last mentioned persons then and there the following false scandalous malicious and defamatory words of and concerning the that is to say He (the meaning) is guilty of Fornication He (the meaning) is guilty of Adultery (He the meaning) was (a short time before, he the defendant spoke the above mentioned and following words, meaning) infected and sorely afflicted with the venerial disease He (the meaning) was rotten with the Poc so bad as that when he (the defendant meaning) was called and went to lay hands upon him (the meaning) he (the meaning) smelt so bad that he (the defendant meaning) could scarcely bear to come near him (the meaning) He (the meaning) is a liar and a scoundrel— He (the meaning) is a dangerous person to associate with He (the meaning) will disgrace any female he (the meaning) associates with— He (the defendant meaning) had forbid his (the defendants meaning) females to associate with him (the meaning) He (the defendant meaning) had cautioned and charged other persons not to allow or permit him (the meaning) to visit their families He (the meaning) would seduce and ruin any female who permitted his (the meaning) visits and I (the defendant meaning) know of many persons that will swear it and I (the defendant meaning) do say before these gentlemen (the gentlemen present meaning) that he (the meaning) is a fornicator adulterer and a scoundrel— He (the meaning) is a Thief He (the meaning) stole about two hundred dollars in silver He (the meaning) stole two hundred dollars
and whereas also the said Defendant further contriving and maliciously and wickedly intending as aforesaid afterwards to wit on the day and year last aforesaid at the County of aforesaid in a certain other discourse which the said defendant then and there had of and concerning the said in the presence and hearing of divers other good and faithful citizens of said then and there in the presence and hearing of the said last [p. [2]] mentioned citizens falsely and maliciously spoke uttered and published of and concerning the said the false scandolous malicious and defamatory words following that is to say He (the meaning) is a thief He (the meaning) is guilty of Larceny— He the meaning) stole about two hundred dollars in silver He (the meaning) was always a Thief— He (the meaning) is a whoremaster He (the meaning) <​is a Liar​> He (the meaning) is guilty of Fornication He (the Meaning) is an adulterer He (the meaning) was a short time ago rotten with the Poc and stunck so bad that when I (the defendant meaning) went to lay hands upon him (the meaning) I (the defendant meaning) could not come near him (the meaning) he (the meaning) was rotten with the venerial disease and I (the defendant meaning) have forbid my (the defendant’s meaning) females to associate with him <​the meaning)​> and I (the defendant meaning) have forbid his (the s meaning) coming or visiting my (the defendants meaning) house and I (the defendant meaning) say it would be a disgrace for any other family in this place (meaning ) to associate with him (the meaning) or permit him (the meaning) to visit their families
And afterward to wit on the day and year last aforesaid and on sundry other times <​and​> days sinse the day last aforesaid and before the commencment of this suit at the and aforesaid in certain other discourses which the said defendant then and there— had in the presence and hearing of divers other good and worthy citizens of the <​said​> of and concerning the said the defendant further contriving and intending as aforesaid then and there in the presence and hearing of those citizens falsely and maliciously spoke and published of and concerning the other the false scandolous malicous and defamatory <​words​> following that is to say He (the meaning) is guilty of Larceny— He (the meaning) is a thief— He (the meaning) [p. [3]] the has stolen two hundred dollars in silver— He (the meaning) stole about two hundred dollars in silver He (the meaning) is guilty of Fornication and adultery. He (the meaning) is badly diseased— He (the meaning) has got the venerial disease— He (the <​meaning)​> is a whoremaster I (the defendant meaning) was called to lays hands upon him (the meaning) when he (the meaning) stunck so badly of the Poc that I (the defendant meaning) could not come near him (the meaning) He (the meaning) was rotten with the Poc He (the <​meaning)​> was rotten with a certain disease (the Poc meaning) and I (the defendant meaning) caution all good citizens against receiving him (the meaning) into their society I (the defendant meaning) have forbid his (the s meaning) coming to or visiting at my (the defendants meaning) house and forbid my (the defendants meaning) females to associate with him (the meaning) and I (the defendan mening) say it would be a disgrace for any one to associate with him (the meaning)
By means of the committing of which several grievances by the said defendant in the foregoing counts mentioned the said hath been and is greatly injured in his said good name fame and credit and brought into Public Scandal infamy and disgrace with and among all his neighbors and other good and worthy citizens of the said State of insomuch that divers of those neighbours and citizens to whom the innocence and integrity of the said in the premises were unknown have on account of the committing of the grievances aforementioned by the said defendant in the above Counts mentioned from thence hitherto suspected and believed and still do suspect and believe the said to have been and to be a person guil [p. [4]]ty of Larceny Fornication adultery and has been and is infected with the venerial disease so as aforesaid charged and imputed to him the said by the said defendant and have by reason of the committing of the said grievances by the said defendant as aforesaid from thence hith[er]to wholly refused and still do refuse to have transaction acquaintance or discourse with the said as they were before used and accustomed to have, and otherwise would have had and also by means of the premises in the counts mentioned as aforesaid the said hath doing been and is otherwise greatly injured and damnified to wit at the County of aforesaid. To the damage of the said five thousand dollars and therefore he brings his suit &c.
By & his attny [1/2 page blank] [p. [5]]
[page [6] blank] [p. [6]]
[page [7] blank] [p. [7]]
139
Vs
Joseph Smith
In Case
Declaration
 
Filed May 10, 1844
clk
 
Filed august 12 1844
J[ames] M Campbell Clk [p. [8]]

Footnotes

  1. new scribe logo

    Docket in handwriting of William Marr.  

  2. new scribe logo

    Notation in handwriting of David E. Head.  

  3. new scribe logo

    Notation in handwriting of James M. Campbell.