Footnotes

1. [1]

   See “Part 5: December 1843.”

2. [2]

   Historical Introduction to Letter to Thomas Ford, 11 Dec. 1843; Aaron Johnson, Warrant, 11 Dec. 1843, State of Illinois v. Elliott [J.P. Ct. 1843], Robinson and Johnson, Docket Book, 178.

3. [3]

   JS, Journal, 17 Dec. 1843; Clayton, Journal, 18 Dec. 1843.

   Clayton, William. Journals, 1842–1845. CHL.

4. [4]

   Elliott previously told Chase that if “any mormon” tried to arrest him for kidnapping Avery, he would “shoot him.” When Follett and his posse initially confronted him, Elliott drew his pistol and “swore he would shoot.” Stephen Markham, a member of the posse, threatened to return fire and informed Elliott that they came to arrest him with legal process. Elliott then surrendered. According to the Warsaw Message, Elliott resisted only because he believed the men were a group of vigilantes. (“Kidnapping,” Nauvoo Neighbor, 20 Dec. 1843, [2]; “The Late Arrest,” Warsaw [IL] Message, 3 Jan. 1844, [1].)

   Warsaw Message. Warsaw, IL. 1843–1844.

5. [5]

   JS, Journal, 18 Dec. 1843; “Kidnapping,” Nauvoo Neighbor, 20 Dec. 1843, [2].

6. [6]

   “Kidnapping,” Nauvoo Neighbor, 20 Dec. 1843, [2]. The Nauvoo Neighbor’s account of the hearing does not clarify JS’s role, while the Warsaw Message claimed that William Marr, George Stiles, and JS served as “prosecutors” in the case. It is likely that JS participated in an unofficial capacity, as Elliott’s attorney objected to his questioning the witnesses. (“The Late Arrest,” Warsaw [IL] Message, 3 Jan. 1844, [1]; “Kidnapping,” Nauvoo Neighbor, 20 Dec. 1843, [2].)

   Warsaw Message. Warsaw, IL. 1843–1844.

7. [7]

   “Kidnapping,” Nauvoo Neighbor, 20 Dec. 1843, [2].

8. [8]

   “Kidnapping,” Nauvoo Neighbor, 20 Dec. 1843, [2].

9. [9]

   JS, Journal, 18 Dec. 1843.

10. [10]

    JS, Journal, 18 Dec. 1843.

11. [11]

    JS’s journal states that this hearing commenced “immed[i]ately af[ter] the sentinc [sentence] of Esqr Johnson,” but the Nauvoo Neighbor report states that there was a one-hour recess between the two hearings. Extant documents do not indicate whether Johnson or Foster presided over the second hearing. The trial account published in the Nauvoo Neighbor identifies the judge for the second hearing as “the court” and implies that Johnson presided over both proceedings. However, in JS’s journal account, Willard Richards recorded that the second hearing took place “before R D. Foster J. P.” According to Illinois law, when a prisoner was accused of certain serious crimes, a panel of at least two justices of the peace was required to preside over initial hearings. Although neither kidnapping nor the use of threatening language was included on the list of these crimes, it is possible that Johnson and Foster jointly presided over Elliott’s cases. (JS, Journal, 18 Dec. 1843; “Kidnapping,” Nauvoo Neighbor, 20 Dec. 1843, [2]–[3]; An Act to Regulate the Apprehension of Offenders, and for Other Purposes [6 Jan. 1827], Public and General Statute Laws of the State of Illinois [1839], p. 238, sec. 3.)

    The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

12. [12]

    “Kidnapping,” Nauvoo Neighbor, 20 Dec. 1843, [3].

13. [13]

    JS, Journal, 18 Dec. 1843; “Kidnapping,” Nauvoo Neighbor, 20 Dec. 1843, [3]; “The Late Arrest,” Warsaw (IL) Message, 3 Jan. 1844, [1]–[2].

    Warsaw Message. Warsaw, IL. 1843–1844.

14. [14]

    Woodruff, Journal, 18 Dec. 1843.

    Woodruff, Wilford. Journals, 1833–1898. Wilford Woodruff, Journals and Papers, 1828–1898. CHL. MS 1352.

15. [15]

    JS, Journal, 18 Dec. 1843.

16. [16]

    “Kidnapping,” Nauvoo Neighbor, 20 Dec. 1843, [2]–[3].

17. [17]

    Citing an unnamed witness, the Warsaw Message stated that “in its personal abuse—its vituperation—its malignity—its foulness and obscenity—and its horrid and loathesome blasphemy,” JS’s remarks “transcended any thing which our informant had ever before heard!” (“Kidnapping,” Nauvoo Neighbor, 20 Dec. 1843, [3]; “The Late Arrest,” Warsaw [IL] Message, 3 Jan. 1844, [1]–[2], italics in original.)

    Warsaw Message. Warsaw, IL. 1843–1844.

18. [18]

    See “Meeting of Citizens at Carthage,” Warsaw (IL) Message, 17 Jan. 1844, Extra, [2]–[3]; and “Examination of John C. Elliott,” Nauvoo Neighbor, 19 Feb. 1845, [2]–[3]. For more on the legal cases against Elliott, see Historical Introduction to State of Illinois v. Elliott–A and State of Illinois v. Elliott–B.

    Warsaw Message. Warsaw, IL. 1843–1844.

    Nauvoo Neighbor. Nauvoo, IL. 1843–1845.