Docket Entry, 4–circa 26 April 1843 [State of Illinois v. J. Hoopes and L. Hoopes on Habeas Corpus]

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State of )
Jonathan Hoopes)
& Lewis Hoopes)
On .
$ ¢
Habeas Corpus—— ,50
serving Writ 31¼
attg. [attending] Court— 1,00
Docket ffee—— 3,00
Clerk on ,50
Clerk docktg. suit— ,12½
Swearing 8 Witness’s— 50
7 Witnesses, fees—— 3,50
Entering Judgment— ,25
Issuing ,25
Entering s retern. 12½
Issueing fee bill 25.
Entering return 12½
Marshall’s fee 50
April 4th. 1843.— The Defts. filed a Petition, and a Copy of the Warrant under which they were in Custody, which Warrant was granted by J. P.—
Same day. A Writ of Habeas Corpus was issued by the Municipal Court, returnable forthwith, fee 50¢. Upon said Writ the following return was made, to wit; “The within served on the said by delivering him a Copy of the within, April 4th. 1843. Court notified to meet at the Mayors office on the 5th. day of April 1843 at 9 oClock A. M. Serving Writ 31¼¢. notifying Court $100. attendance $100. , Marshal.”
April 5th. 1843. The Court met at 9 oClock A. M.
Present, Joseph Smith, Mayor. Chief Justice, Aldermen , , , , , & Associate Justices.— did not attend.
The following are the charges contained in the Warrant, which was obtained upon the Oath of Betsyann [Elizabeth Ann] Driggs, & was read, to wit; “that Jonathan Hoopes & Lewis Hoopes of [p. 51] of the aforesaid, did on the first day of April last in the County of aforesaid, enter the Premises of Samuel Driggs in a riotous & tumultuous manner and forcibly turned the Deponent out of the House, and with noise & force of Arms and by bringing a Horse in the House did seriously frighten the and drive her out of the House, thereby Committing a Riot against the peace and good Order of the Citizens of .” William Fry, Elisha Hoopes, Ezekiel Kellog, & were produced, sworn, examined, & crossexamined, as Witnesses for Prisoners. Betsyann Driggs, William Matthews, Elbert L. Fry, & Ichabud Gifford, were produced as Witnesses for the Prosecution, & were Sworn. Betsyann Driggs was examined, & crossexamined, it was then agreed by Counsel on both sides that the Court give their decision without further examination of Witnesses, or production of any more evidence.
All the Witnesses, (except Driggs,) claimed their fees.
All the allegations and proofs of both Parties being heard, as aforesaid, The Court Adjudged that the Prisoners be and are acquitted of the charges, and Ordered that they be released & dis[c]harged therefrom, and that Samuel Driggs do pay the Costs incurred by the Petition in this cause & the proceedings thereon, taxed to $9.43¾.— Adjourned at Noon—
April 26th. 1843. issued, & delivered to Const., for the foregoing Costs.—
July 5th. 1843. Execution returned, endorsed, “no property found on which to levy, Consts fees 50¢. , Const..”—
May 7. 1844 Fee Bill issued vs. Jonathan Hoopes and Lewis Hoopes $9.81¼ to Marshl
Novr. 4th. 1844 returned no property found whereupon to levy the same belonging to said Hoopes within my knowledge in said City of And also this execution was recd. since the death of former Marshall of said
J[onathan] C. Wright C. M
February 10. 1845— The has drawn on the for the fees amounting to 10.43¾ [p. 52]


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