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Docket Entry, 4–circa 26 April 1843 [State of Illinois v. J. Hoopes and L. Hoopes on Habeas Corpus]
Source Note
Source Note
Docket Entry, [, Hancock Co., IL], 4–ca. 26 Apr. 1843, State of IL v. J. Hoopes and L. Hoopes on Habeas Corpus (Nauvoo, IL, Municipal Court 1843); Nauvoo Municipal Court Docket Book, 51–52; handwriting of ; CHL. Includes notation by , [, Hancock Co., IL], ca. 5 July 1843. Includes notation by , ca. 7 May 1844. Includes notations by , ca. 4 Nov. 1844 and ca. 10 Feb. 1845.
Historical Introduction
Historical Introduction
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. and $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]
Document Information
Document Information
Footnotes
Footnotes
Notation in handwriting of James Sloan.
Notation in handwriting of Willard Richards.
Notations in handwriting of Thomas Bullock.