Indictment, 26 October 1844 [State of Illinois v. Williams et al.]
Source Note
Indictment, [], Hancock Co., IL, [26] Oct. 1844, State of IL v. Williams et al. (Hancock Co., IL, Circuit Court 1845); manuscript form in handwriting of William Elliot with manuscript additions in handwriting of William Elliot; docket and notations by William Elliot with signature of James Reynolds, [, Hancock Co., IL, 26 Oct. 1844]; notation by , 26 Oct. 1844; notation by , 1 Nov. 1844; two pages; microfilm 1,521,604 at FHL.
then and there by force of the Gun Powder <shot> and shot sent forth as aforesaid the said Joseph Smith in and upon the right breast of him the said Joseph Smith a little below the right pap of him the said Joseph Smith, then and there unlawfully, feloniously wilfully, and of their malice aforethought, did strike penetrate and wound, giving to the said Joseph Smith then and there with the leaden bullet aforesaid, so as aforesaid shot, discharged and sent forth out of the gun aforesaid by the said John Wills, William Voras, William N. Grover , , , and one Gallaher whose first name to the Grand Jurors aforesaid is unknown and one Allen whose first name to the Grand Jurors aforesaid is unknown in and upon the <said> right Breast of him the said Joseph Smith a little below the right Pap of him the said Joseph Smith one mortal wound of the depth of six Inches and of the breadth of one inch; of which said mortal wound, he the said Joseph Smith then and there instantly died; And so the jurors aforesaid, upon their oaths aforesaid, do say, that the said John Wills, William Voras, William N. Grover, , , , , and one Gallaher whose first name to the Jurors aforesaid is unknown and one Allen whose first name to the Grand Jurors aforesaid is unknown the said Joseph Smith in manner and form aforesaid unlawfully feloniously wilfully and of their malice aforethought did Kill and : Contrary to the form of the statute in such case made and provided and against the Peace and Dignity of the same People of the State of .
(2nd count) And the Jurors aforesaid upon their oaths aforesaid do further Present that the said John Wills— William Voras, William N. Grover, , , , and one Gallaher whose first name to the Grand Jurors aforesaid is unknown and one Allen whose first name to the Grand Jurors aforesaid is unknown late of the County of aforesaid afterwards to wit on the day and Year aforesaid at and within the County of aforesaid and State of aforesaid not having the fear of God before their eyes, but being moved and seduced by the instigation of the Devil on the with force and arms in and [p. [2]]