Docket Entry, 2–circa 3 April 1844 [State of Illinois v. Greene et al. on Habeas Corpus]

  • Source Note
  • Historical Introduction

Document Transcript

Municipal Court
State of Illinois) ss [scilicet]
City of )
$0.50
Docketing suit .12½
Swearing to affidavit .12½
Subpoena .25
Summons for court .25
Serving Summons 2.25
Service on Subpoena .35
Swearing five witnesses .31¼
<​Witneses fees—​> <​2.50​>
Marshal’s fees for serving writ and attending court 1.35
Allowed constible for return of prisoner 1.10
Chief Justice— 1.50
Associate Justices 8.75
Entering Judgment .25
25
$19.86¼
<​return of execution​> <​12½​>
<​marshall’s fee—​> <​50​>
<​20.48¾​>
On Habeus Corpus. April 2d 1844
This day came , and and upon the reading and filing the joint petition for a writ of Habeus Corpus to be directed to one , to have forthwith before the Municipal Court the Bodies of the said . and upon said writ of Habeus corpus: said writ of Habeus corpus was issued by the clerk in accordance with the prayer of the petitioners. Subpoena issued for . &
April 3d. Special Session. April 3d 1844, 1. o clock P. M.
Present Joseph Smith Chief Justice, , , , , , and Aldermen and Associate Justices.
, High Constable, to whom was committed the service of the Writ of Habeus corpus. made his return thereon, which writ, with the return thereon in <​is​> on file in the clerks office
, Constable, made his return on the copy of the original writ. served on him, the said , which copy, with the return thereon is on file in the Clerk’s office.
A copy of the warrant, issued by J. P.— and by which the Petitioners were held in custody, was presented the court, which copy, with the return of the constable thereon are <​is​> on file in the clerk’s office; also the petition for Habeus corpus is on file in the clerks office.
The subpoena with the returns thereon are on file in the clerk’s office.
The summons for calling a special session of the court with the returns thereon are on file in the Clerk’s office.
The bodies of the Petitioner’s before the Court; The court assined them Esq— as counsel.
was sworn, and testified, that when the marshal , was about serving a writ on another individual said to the “God damn you”
, was sworn. and testified that [p. 91] called <​uttered​> rough words to the , while in discharge of the duties of his office in the city of , on the first day of April 1844; and the said threatened a good deal: when the ordered <​the​> police to arrest. said : and and his arrested him and took him before the Mayor. was a police officer, of the city of .
sworn. testified that he heard the order the arrest of . and ran to assist in the arrest. and did assist as stated by previous : and that threatened to make the us pay a smart for it, &c.
. <​Marshal of the city of ​> Sworn. Testified that on Saturday evening last, he made easton prisoner, on <​in​> the name of the people of the state of and the City of , to be tried as soon as circumstances would admit: Easton was secured by Henry Hoagland to appear <​for trial​> on Monday morning; On Monday Morning went to subpoena Mr Marr, when Hoagland to <​offered​> <​to​> surrender the prisoner, Easton, but refused to accept the surrender until they arrived at the Mayor’s ; waited at the until noon, but Easton did not arrive: received inteligence that had issued a warrant for Easton, when the Mayor ordered to bring the prisoner Easton. forthwith; went with , saw Easton. Easton said he had been arrested, but would rather go down to the Mayor’s for trial, put Easton in the hands of two police-men,— to be taken to the mayo[r]’s court.— A Warrant was presented for Mr Marr, which virily believes it was to hinder his testifying about Easton. said Let me read the warrant, and when he had read it, said that warrant does not say— “or some other justice” does it? replied to . “It is a damned lie.” said to [“]Dont use any impertinent language.” God damn you. who are you? who cares for you! I am here myself. go your way said . ordered to be arrested by the police, he was brought before the Mayor, Mayor refered the case to for trial, and was fined $10.00 and cost. for which, I <​​> supposed he was arrained here this day,
, sworn. Testified that the arrest was as the warrant. shows, and . said they had never arrested on any other occasion.
The ordinance was read showing the authority for arrest (Re[c]ords p. 13) [p. 92] where upon the court ordered that the Petitioners. and , be discharged on the merits of the case and go hence without day; that is a very disorderly person; that this case on originated in a malicious and vexatious suit instituted by . against the petitioners. now discharged, and that said pay the cost.
May 7. 1844 issued vs. $19.86¼ to Marshal
Novr. 4. 1844 Execution returned “no property whereupon to levy the same, belonging to said & also this execution came to my hands since the death of former Marshall of the City of & sincethe proper return day of the same
J[onathan] C. Wright C. M.
February 10. 1845 The has drawn on the for the above fees, amounting to 20.48¾— [p. 93]

Footnotes

  1. new scribe logo

    Insertions in handwriting of Thomas Bullock.  

  2. new scribe logo

    Notation in handwriting of Willard Richards.  

  3. new scribe logo

    Notations in handwriting of Thomas Bullock.