Docket Entry, between 1 and circa 6 December 1842 [City of Nauvoo v. Davis for Assault]

Decr. 1st. 1842.— Upon the complaint of William C. Walker, upon Oath, a Warrant issued against , for at the House of said , on the 1st day of Decr. 1842, also for Violating the Ordinances of the City of , directed to the , & returnable before the Mayor, (who issued said Warrant,) at twelve OClock at noon on friday Decr. <​2nd​> 1842.

Decr. 2nd. 1842.— Subpoenas issued for , , Jas. I. Gilbert, Wm. Thompson, Elijah Session, Michael Barns, , and David W. Matthews [Mathews], as Witnesses in the above case, & returned, endorsed, “the above names Subpoenaed except and Session,— fees $1,00. , Marshal.” The hearing was adjourned by consent until 2 oC. P. M. this day.—

Decr. 2nd. 1842.— Warrant executed, as endorsed thus, “the within served, & the Body of the brought before & delivered to the Court.— fees 31¼¢.— , Marshal. Decr. 2nd. 1842.”

Same day. The hearing was adjourned by consent of all parties, until Ten OClock A. M. on tuesday next, by reason of the Witnesses for the prosecution not being served a reasonable time before the hour for appearance, & being unable to procure his Witnesses, & it being now the hour appointed for Trial.

Same day.— A further Complaint was made on Oath, <​by said Wm C. Walker​> before Joseph Smith Mayor setting forth that on or about the 1st day of Decr 1842, indecent & unbecoming language & behaviour was used towards him contrary to the Ordinance of said in such Cases made and provided, & that one is guilty of the facts above charged.

Decr 5th. 1842, Subpoenas issued for , David W. Matthews, Michael Barns Jr., , , Jas I. Gilbert, Wm. Thompson, & Elijah Session, as Witnesses, & [blank] Seely, , Joseph A McCall, Jas A. Easton as Witnesses also, & returned endorsed “served on the within named , Joseph A. McCall & Jas A. Easton, fees 50¢. , Marshal.[”]

Decr 6th. 1842. A further Complaint was made on Oath by said Wm. C. Walker, <​before Joseph Smith, Mayor,​> that on or about the first day of Decr A. D. 1842, in the Coy. of & aforesaid an was committed on the Body of this Deponent, & that one is guilty of the fact charged.— Warrant issued same time to bring the Body of [p. 39] of before Joseph Smith J. P. forthwith, to answer the said Complaint, which Warrant was returned, endorsed, “the within served and the Body of the brought & delivered to the Court, fees 25¢, Marshal.” pleaded not guilty.

for the Prosn.,— for .

Wm. C. Walker, Joseph A. McCall, , & Jas A. Easton were Sworn examined & cross examined as Witnesses on behalf of the State, , W. H. Ralston, & Jas I. Gilbert were produced, Sworn, examined & cross examined as Witnesses for .

The proofs & allegations being heard, as also Counsel on both sides, it is adjudged by the Court, that be fined in, & pay a fine or sum of fifty Dollars, and full Costs of Suit, (Witnesses excepted,) taxed to $6.25.—

Decr. 8th. 1842. A Transcript of the Judgment & proceedings in this Cause was made out for , at his request, & delivered to him,— fee recd 50 cts.

Jany. 31st. 1843. Depy. Sheriff served a notice of an appeal in this Cause, to the Circuit Court of , which notice enjoined and required to suspend all further proceedings in relation thereto, until sd Ct shall make other Order to the contrary.— Witness Clerk, Jany. 19th 1843.—

<​A transcript of this Judgment has been made out agreeable to the notice of appeal, (or Writ of ,) & it & the papers in the Cause, sent to the Circuit Court, by Clerk of said Court on the 27th feby. 1843.—​> [p. 40]