Docket Entry, circa 4 February 1843 [State of Illinois v. Goddard et al. on Habeas Corpus]

  • Source Note
  • Historical Introduction

Document Transcript

State of )
Vs.)
Stephen H. Goddard)
, &)
William W. Riley)
Docket fee— $3,00
Consts fees— 1,42
Marshals do 3,75
Clerks fees— 4,75
$12,92
On Writ of .
February 4th. 1843. A Petition was presented by & on behalf of the Defendants, who were prisoners in custody of James M. Flack Constable, as also a copy of the Warrant under which they were detained in Custody, to the Municipal Court, praying that a Writ of Habeas Corpus do issue to bring them before said Court, the Warrant was issued by J. P. & dated feby. 3rd. 1843. & was obtained by Josiah Simpson, against Defts upon a charge of their having unlawfully assaulted & beaten him, at the County of , state of ,— which Petn., & Copy Warrant, are filed.
Feby. 4th 1843.— A Writ of Habeas Corpus was issued by Clerk of the Court, directed to the , & returnable forthwith,— fees 50¢.— Trial Ordered to take place at 6 OClock p. m. and the to notify the Justices.
Same day.— Subpoena issued, directed to the , & returnable forthwith, for John Lambert, Charity Riley, Lorain Farr, George McKenzie, James M. Flack, , Welcome Chapman, William Whitehead, & James Smithis. which Subpoena was returned endorsed “served by reading to John Lambert fees 17¢.— George McKenzie do 22¢.— Charity Riley do 12½¢.— Loren Farr do 12½¢.— do 17¢.— Welcom Chapman do 17¢.— Wm Whitehead do 22½¢.— James Smithis 22¢. $1.42 Const..—
Same day.— Subpoena issued at request of Prosr, directed to the , for Samuel White, , Starling, <​Driggs​> Samuel Morton, Joshua Simpson, Blakely Anderson, John Smith, Andrew Smith, William Smith, Henry Morton, Edward Cutler, L— Nurse, Clarke Foster, Jackson Clothier, & . which Subpoena was returnable forthwith, and was returned endorsed “Blakely Anderson, John P. Smith, Saml Morton, Henry Morton, Saml White, Starlin Driggs, Edwin Cutler, Clark Foster, White. The within served on the above named Persons. Fees $2,25.— , Marshal.
Same day.— Writ of Habeas was returned, endorsed, “The within Writ served, and the Municipal Court notified to convene at the Mayors office at 6 oClock P. M. Feby. 4th. inst, fees $1,50. , Marshal Aldermen , , , & not attending, the Court present ordered [p. 17] Ordered that an Attachment issue to bring them before the Court, which was done, Clerks fees 25¢.— The brought the Aldermen, & returned the Writ of Attachment, endorsed, “the within served and Bodies brought before the Court according to requisition. fees $1,00¢. , Marshal.
The Court then sat, present, Joseph Smith Chief Justice, , , , , & , associate Justices,— was not notified, by reason of living at a considerable distance from the Court, & was unwell.
An Affidavit was made, and Sworn to by the Defts.,— Clerks fees 37½¢.
An Affidt was made & Sworn to by on behalf of Defts. Clerks fee 12½
, Counsel for the Prisoners, read the Petn., Copy Warrant, & Writ of .
, Counsel on behalf of the , moved the Court, that the Writ of Habeas Corpus & <​subsequent​> proceedings in this Cause, be quashed, by reason that the Const in whose Custody Defts were, did not make any return upon the Warrant, to that effect.— The Court overruled the point, & after some discussion by the Lawyers on both sides, the Court stated that they would hear testimony in this Case.
then stated things he considered informalities in the Warrt, sufft to obtain Defts discharge, & thought it his duty to ask their discharge,— although he said the Defts wished for an investigation, to let it appear how trifling the grounds were for such a charge.
Witnesses Sworn for Prosn.,— Blakely Anderson, John P. Smith, Saml Morton, Saml White, Starlin Driggs, Edwin Cutler, Clarke Foster, , <​&​> Joshua Simpson. of those,— Saml White, Saml Morton, John P. Smith, Blakely Anderson, & Joshua Simpson were examined, & cross examined.
Witnesses Sworn for Defts., John Lambert, Lorain Farr, George McKenzie, James M. Flack, , Welcome Chapman, William Whitehead, & Jas Smithis. & of those, , John Lambert, Jas Smithis, Welcome Chapman, & Jas M. Flack, were examined & cross examined.
was then acquitted, & released, & produced, Sworn, examined, and cross examined as a Witness upon behalf of the Defts.. The testimony <​being​> closed.
The Judgment of the Court is, that Stephen H. Goddard, & William W. Reily be held in Custody to answer, and be dealt with, according to the tenor of said Warrant, and that they pay two thirds, and Josiah Simpson one third of the Costs incurred in issuing the Habeas Corpus & proceedings thereon. The Court also ordered that the four Aldermen who had been brought by attachment should pay the Costs thereof, & ’s fee thereon.
Feby. 25th. 1843. S. Goddard paid me $2.00 as part, or their proportion of the Docket fee, for him & Reilly.— also paid me $2.30, in full for my fees for him & Reilly.— , C. M. C.—
April [p. 18]
April 26th. 1843. Execution issued against Josiah Simpson for $4.30, and delivered to , Const. on the 27th. April 1843.—
July 3rd. 1843.— Execution returned, endorsed “no property found on which to levy. Consts fees 50¢. Const.”.— [p. 19]

Footnotes

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    Notations in handwriting of James Sloan.