Docket Entry, between 30 November and circa 3 December 1842, Circuit Court Copy [City of Nauvoo v. Davis for Slander of JS–C]

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  • Historical Introduction

Document Transcript

City of )
Vs.)
)
Fine—— $50,00)
Aldermens fees— 7,50)
s fees— 3,68¾)
s fees— 4,12½)
3 Witnesses— 1,50)
$66,81¼)
Violation of the Ordinances of the .
Novr. 30th. 1842. Complaint was made on Oath, by Joseph Smith, (before Alderman, against the , as follows, to wit,) “that he has been informed and verily believes that one of the and aforesaid, did on or about the 25th. instant, and at divers other times previous to that time, and before the commencement of this suit, make use of indecent, unbecoming, abusive, and ridiculous language concerning the acts and character of Deponent, contrary to the Ordinances of said in such cases made & provided.”
Novr. 30th. 1842.— Warrant issued upon said Complaint directed to the , returnable at two OClock P. M. on the 2nd. day of Decr. 1842, at the Mayors in said , before the Municipal Court.
Novr. 30th. 1842.— Two Subpoenas issued, for Andw. M. Gravel, Charles Seidel, , , Geo Stevens, Jas I. Gilbert, , & to appear, in the above cause.— s fees as returned $1,00.—
Aldermen , , & met at two OClock p. m. on friday Decr 2nd. 1842, and an was issued & handed to the to enforce the attendance of Aldermen , , , & .— Aldermen & came soon after, & was elected president pro tem, but by reason of the absence of Witnesses, the Court adjourned until 6 OClock p. m. on (tomorrow,) Saturday—
Decr 3rd. 1842.— s fees on attachment 75¢.
Decr. 3rd. 1842.— Aldermen , , , and attended according to adjournment,— the stated that could not attend in consequence of sickness in his family. An attachment issued for Aldermen [p. [1]] Aldermen and who were brought by the , & attachment returned endorsed “served on the above names, & brought before the Court, fees 75¢, paid for Team 50¢, Marshal.— Spnas [Subpoenas] issued also & 9 Witnesses served, s fees $1,12½.—
, on behalf of ,— stated that the affidt. was made on a broad Scale, & that the Court had not jurisdiction to try this case, & cited the <​Sec​> 17 of the Charter. for the ,— replied, in support of the affidt., & of the Court having jurisdiction, & stated <​​> Case.
The by his , pleaded, Not Guilty.
, , Andrew M. Gravel, Chas. Seidel, James A. Easton, James I. Gilbert, & Witnesses, were sworn & examined, & several of them crossexamined.— spoke upon the evidence, as also did . The Witnesses,— Easton and Gravel and Seidel claimed their fees. Whereupon, The Judgment of the Court is, that be, & is fined, to pay a sum of fifty Dollars, and full Costs of Suit, and that he also enter into a Recognizance in a sum of two hundred Dollars, to keep the peace and be of good behaviour towards the people of the generally, for six Months, & especially towards Joseph Smith, & upon his declining or neglecting to pay said fine & Costs, & enter into said Recognizance, then to be imprisoned until discharged by due course of law.— Court adjourned at half past ten OClock p. m.
Decr 6th. 1842.— Commitment for want of giving Recognizance & paying fine & Costs, was delivered to the this day, & was directed to the , as such .
Decr. 8th. 1842. A transcript of the Judgment & proceedings in this cause, was made out, by request of , & handed to him, fee recd 50¢.
Decr 9th 1842.— the Deft entered into a recognizance pursuant to the above Judgment.
Feby. [p. [2]] Feby. 3rd. 1843. A notice of an appeal was served upon Joseph Smith, Mayor, (& by him delivered to Clerk of the Municipal Court, through Const.,) from the Circuit Court, , enjoining and requiring to suspend all further proceedings in relation to the judgment rendered by the Municipal Court in this Cause, (& said notice was signed “ Clerk of the Circuit Court, at , & dated the 19th. day of January A. D. 1843,) until said Circuit Court shall make other order to the contrary, & that the record & proceedings in said Cause be certified to said Circuit Court, & to be in no wise omitted, at peril.—
State of Illinois)
Hancock County)
City of )
The People of the State of , to the City of said , Greeting:
I Clerk of the Municipal Court, within and for the said , do hereby Certify that the foregoing is a true Copy from my docket, of the proceedings and Judgment in the above Case, and that the said transcript and papers contain a full and perfect statement of all the proceedings before said Court in said case.
[seal]
Given under my hand, and the Seal of the Municipal Court of the City of , Ills., this 17th. day of february A. D. 1843.—
, Clerk of the Municipal Court, aforesaid. [p. [3]]
Feby. 17th. 1843.
City of ) Transcript of Judgment. & proceedings.—
vs.)
)
 
No 76
 
Filed Feby 28th 1843
Clerk By D. C [Deputy Clerk] [p. [4]]

Footnotes

  1. new scribe logo

    Docket in handwriting of James Sloan.  

  2. new scribe logo

    Docket and notation in handwriting of M. Avise.