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Introduction to State of Illinois v. Drown and State of Illinois v. Drown on Habeas Corpus Complaint, 8 August 1842 [State of Illinois v. Drown] Affidavit, 10 April 1843 [State of Illinois v. Drown] Affidavit, 3 October 1843–A [State of Illinois v. Drown] Affidavit, 3 October 1843–B [State of Illinois v. Drown] Complaint, 4 October 1843 [State of Illinois v. Drown] Complaint, 4 October 1843, Copy [State of Illinois v. Drown] Warrant, 4 October 1843 [State of Illinois v. Drown] Subpoena, 4 October 1843 [State of Illinois v. Drown] Subpoena, 6 October 1843 [State of Illinois v. Drown] Recognizance, 9 October 1843 [State of Illinois v. Drown] Docket Entry, 10 October 1843 [State of Illinois v. Drown] Petition, 10 October 1843 [State of Illinois v. Drown on Habeas Corpus] Habeas Corpus, 10 October 1843 [State of Illinois v. Drown on Habeas Corpus] Habeas Corpus, 10 October 1843, Copy [State of Illinois v. Drown on Habeas Corpus] Summons, 10 October 1843 [State of Illinois v. Drown on Habeas Corpus] Docket Entry, 10–circa 17 October 1843 [State of Illinois v. Drown on Habeas Corpus] Execution, 15 January 1844 [State of Illinois v. Drown on Habeas Corpus] Execution, 7 May 1844 [State of Illinois v. Drown on Habeas Corpus] Docket Entry, Indictment, 18 October 1843 [State of Illinois v. Drown] Capias, 15 December 1843 [State of Illinois v. Drown] Subpoena, 15 December 1843–A [State of Illinois v. Drown] Subpoena, 15 December 1843–B [State of Illinois v. Drown] Docket Entry, Alias Capias, 24 May 1844 [State of Illinois v. Drown] Subpoena, 16 July 1844–A [State of Illinois v. Drown] Subpoena, 16 July 1844–B [State of Illinois v. Drown] Capias, 16 July 1844 [State of Illinois v. Drown] Docket Entry, Pluries Capias, 16 July 1844 [State of Illinois v. Drown] Subpoena, 13 December 1844–A [State of Illinois v. Drown] Subpoena, 13 December 1844–B [State of Illinois v. Drown] Docket Entry, Dismissal, 20 May 1845 [State of Illinois v. Drown] Case File Wrapper, circa May 1845 [State of Illinois v. Drown]

Introduction to State of Illinois v. Drown and State of Illinois v. Drown on Habeas Corpus

Page

State of Illinois v. Drown
Hancock Co., Illinois, Justice of the Peace Court, 9 October 1843
 
State of Illinois v. Drown on Habeas Corpus
Nauvoo, Hancock Co., Illinois, Municipal Court, 17 October 1843
 
State of Illinois v. Drown (continued)
Hancock Co., Illinois, Circuit Court, 20 May 1845
 
Historical Introduction
In mid-October 1843, JS presided over a hearing in the , Illinois, municipal court for . The case grew out of an earlier dispute involving several Nauvoo residents. In August 1842, Drown filed a complaint before , Illinois, justice of the peace , accusing Lemuel Mallory of of a brass kettle. While the outcome of that case is unclear, later alleged that Drown had tried to persuade him to place the kettle on Mallory’s property and used the resulting charge of larceny as leverage to settle a debt. On 4 October 1843, filed a complaint before Hancock County justice of the peace accusing Drown of . Based on Bathrick’s complaint, Harrington issued a warrant for Drown, which was served by Hancock County constable Samuel Waterman, and held a preliminary hearing on 9 October. After hearing testimony, Harrington held that there was probable cause to believe that Drown had committed perjury, and he ordered that Drown enter into a $400 binding him to appear at the next session of the Hancock County Circuit Court for a trial. Drown, however, refused to pay bail, and Harrington ordered Waterman to take him into custody.
On 10 October, while he was still under arrest, and his attorney, , petitioned , the clerk of ’s municipal court, for a writ of habeas corpus. Drown’s petition claimed that he was innocent, that the proceedings against him “were instituted through malice, private pique & corruption,” and that the warrant used to arrest him as well as the subsequent proceedings were irregular. Richards granted his petition, and the Nauvoo Municipal Court assembled the next day to hear the case, though JS was not in attendance. The court reconvened on 13 October with JS presiding. After hearing arguments from Stiles and city attorney , the court voted “to proceed to trial” over JS’s objections. The court also ruled that the “original prosecutor”—presumably referring to the complainant, —should produce evidence at the hearing. Because Drown was sick, the court adjourned until 16 October and again until 17 October. Rigdon was not present on 17 October, and the court ordered Drown to be discharged from custody. The municipal court’s efforts to collect the costs, first from Drown and then from Bathrick, were unsuccessful.
Meanwhile, independent of the proceedings in , the Circuit Court then in session moved forward with the case against and indicted him for on 18 October. The court issued multiple warrants for his arrest, but each was returned unserved. On 20 May 1845, the prosecuting attorney motioned to dismiss the case, as it appeared that Drown would not appear for the trial.
 
Calendar of Documents
This calendar lists all known documents created by or for the court, whether extant or not. It does not include versions of documents created for other purposes, though those versions may be listed in footnotes. In certain cases, especially in cases concerning unpaid debts, the originating document (promissory note, invoice, etc.) is listed here. Note that documents in the calendar are grouped with their originating court. Where a version of a document was subsequently filed with another court, that version is listed under both courts.
 
State of Illinois v. Drown, Hancock Co., Illinois, Justice of the Peace Court

1842 (1)

August (1)

8 August 1842

Charles Drown, Complaint, before Daniel H. Wells, Nauvoo, Hancock Co., IL

  • 8 Aug. 1842; Hancock County Courthouse, Carthage, IL; microfilm 1,521,604 at FHL; handwriting of Daniel H. Wells; signature presumably of Charles Drown; docket in handwriting of Daniel H. Wells; notation probably in handwriting of David E. Head.

1843 (9)

April (1)

10 April 1843

Christian Upperman, Affidavit, before Orson Spencer, Nauvoo, Hancock Co., IL

  • 10 Apr. 1843; Nauvoo, IL, Records, CHL; handwriting of Orson Spencer; signatures of Christian Upperman by his mark and Catherine Curtis Spencer; docket in unidentified handwriting; docket and notation in handwriting of Willard Richards.

October (8)

3 October 1843

Christian Upperman, Affidavit, before Leonard Harrington, Hancock Co., IL, 3 Oct. 1843–A

  • 3 Oct. 1843; Hancock County Courthouse, Carthage, IL; microfilm 1,521,604 at FHL; handwriting of Leonard Harrington; signature of Christian Upperman by his mark; docket in handwriting of Leonard Harrington; notation probably in handwriting of David E. Head.
3 October 1843

Christian Upperman, Affidavit, before Leonard Harrington, Hancock Co., IL, 3 Oct. 1843–B

  • 3 Oct. 1843; Nauvoo, IL, Records, CHL; handwriting of Leonard Harrington; signature of Christian Upperman by his mark; docket and notation in handwriting of Willard Richards.
4 October 1843

Almon Bathrick, Complaint, before Leonard Harrington, Hancock Co., IL

  • 4 Oct. 1843; Hancock County Courthouse, Carthage, IL; microfilm 1,521,604 at FHL; unidentified handwriting; signature presumably of Almon Bathrick; certification in handwriting of Leonard Harrington; docket in handwriting of Leonard Harrington; notation probably in handwriting of David E. Head.
  • Ca. 11 Oct. 1843; Nauvoo, IL, Records, CHL; handwriting of George Stiles; certification in handwriting of Leonard Harrington; docket in handwriting of George Stiles; docket and notation in handwriting of Willard Richards.
4 October 1843

Leonard Harrington, Warrant, to Any Hancock Co. Constable and Samuel Waterman, for Charles Drown, Hancock Co., IL

  • 4 Oct. 1843. Not extant.
  • Ca. 10 Oct. 1843; Nauvoo, IL, Records, CHL; handwriting of George Stiles; docket and notation in handwriting of George Stiles; docket and notation in handwriting of Willard Richards.
4 October 1843

Leonard Harrington, Subpoena, for Lewis Robison and Others, Hancock Co., IL

  • 4 Oct. 1843; Hancock County Courthouse, Carthage, IL; microfilm 1,521,604 at FHL; unidentified handwriting; certification in handwriting of Leonard Harrington; notation in handwriting of Samuel Waterman; notation probably in handwriting of David E. Head.
6 October 1843

Leonard Harrington, Subpoena, for Erastus Lamb and Others, Hancock Co., IL

  • 6 Oct. 1843; Hancock County Courthouse, Carthage, IL; microfilm 1,521,604 at FHL; unidentified handwriting; signature of Leonard Harrington; notation in handwriting of Samuel Waterman; notation probably in handwriting of David E. Head.
9 October 1843

Christian Upperman and Others, Recognizance, Hancock Co., IL

  • 9 Oct. 1843; Hancock County Courthouse, Carthage, IL; microfilm 1,521,604 at FHL; handwriting of Onias Skinner; signatures of Elizabeth Mallory, Christian Upperman, and Mary Upperman by their marks; signature of Leonard Harrington; docket in handwriting of Leonard Harrington; notation probably in handwriting of David E. Head.
10 October 1843

Docket Entry, Hancock Co., IL

  • 10 Oct. 1843. Not extant.
  • 10 Oct. 1843; Hancock County Courthouse, Carthage, IL; microfilm 1,521,604 at FHL; handwriting of Leonard Harrington and Onias Skinner; notation probably in handwriting of David E. Head.
 
State of Illinois v. Drown on Habeas Corpus, Nauvoo, Hancock Co., Illinois, Municipal Court

1843 (8)

April (1)

10 April 1843

Christian Upperman, Affidavit, before Orson Spencer, Nauvoo, Hancock Co., IL

  • 10 Apr. 1843; Nauvoo, IL, Records, CHL; handwriting of Orson Spencer; signatures of Christian Upperman by his mark and Catherine Curtis Spencer; docket in unidentified handwriting; docket and notation in handwriting of Willard Richards.

October (7)

3 October 1843

Christian Upperman, Affidavit, before Leonard Harrington, Hancock Co., IL, 3 Oct. 1843–B

  • 3 Oct. 1843; Nauvoo, IL, Records, CHL; handwriting of Leonard Harrington; signature of Christian Upperman by his mark; docket and notation in handwriting of Willard Richards.
4 October 1843

Almon Bathrick, Complaint, Copy, before Leonard Harrington, Hancock Co., IL

  • Ca. 11 Oct. 1843; Nauvoo, IL, Records, CHL; handwriting of George Stiles; certification in handwriting of Leonard Harrington; docket in handwriting of George Stiles; docket and notation in handwriting of Willard Richards.
4 October 1843

Leonard Harrington, Warrant, Copy, to Any Hancock Co. Constable and Samuel Waterman, for Charles Drown, Hancock Co., IL

  • Ca. 10 Oct. 1843; Nauvoo, IL, Records, CHL; handwriting of George Stiles; docket and notation in handwriting of George Stiles; docket and notation in handwriting of Willard Richards.
10 October 1843

Charles Drown, Petition, Nauvoo, Hancock Co., IL, to Nauvoo Municipal Court

  • 10 Oct. 1843; Nauvoo, IL, Records, CHL; handwriting of George Stiles; signature of Charles Drown; certification in handwriting of Willard Richards; docket and notation in handwriting of Willard Richards.
10 October 1843

Willard Richards, Habeas Corpus, to Nauvoo City Marshal or Horace Eldredge, Nauvoo, Hancock Co., IL

  • 10 Oct. 1843; Nauvoo, IL, Records, CHL; handwriting of Willard Richards; docket and notations in handwriting of Willard Richards; notations in handwriting of Horace Eldredge.
  • Ca. 10 Oct. 1843; Nauvoo, IL, Records, CHL; handwriting of Horace Eldredge; docket and notations in handwriting of Horace Eldredge; notation in handwriting of Horace Eldredge and George Stiles with signature of Samuel Waterman; docket and notations in handwriting of Willard Richards.
10 October 1843

Willard Richards, Summons, Nauvoo City Marshal, Nauvoo, Hancock Co., IL

  • 10 Oct. 1843; Nauvoo, IL, Records, CHL; handwriting of Willard Richards; docket in handwriting of Willard Richards; notation in handwriting of Dimick B. Huntington; notation in handwriting of Willard Richards.
10–ca. 17 October 1843

Docket Entry, Nauvoo, Hancock Co., IL

  • 10–ca. 17 Oct. 1843; Nauvoo Municipal Court Docket Book, 87–88; handwriting of Willard Richards; notations in handwriting of Willard Richards; notations in handwriting of Thomas Bullock.

1844 (2)

January (1)

15 January 1844

Willard Richards, Execution, to Nauvoo City Marshal, Nauvoo, Hancock Co., IL

  • 15 Jan. 1844; Nauvoo, IL Records, CHL; handwriting of Willard Richards; docket in handwriting of Willard Richards; notation in handwriting of Willard Richards with signature of John P. Greene.

May (1)

7 May 1844

Willard Richards, Execution, to Nauvoo City Marshal, Nauvoo, Hancock Co., IL

  • 7 May 1844; Nauvoo, IL, Records, CHL; handwriting of Willard Richards; docket and notation in handwriting of Willard Richards; endorsements in handwriting of John P. Greene; notation in handwriting of Jonathan C. Wright.

1845 (1)

February (1)

10 February 1845

Daniel Spencer, Pay Order, Nauvoo, Hancock Co., IL, to Nauvoo City Treasurer, for Nauvoo Municipal Court Clerk, Nauvoo, Hancock Co., IL

 
State of Illinois v. Drown (continued), Hancock Co., Illinois, Circuit Court

1842 (1)

August (1)

8 August 1842

Charles Drown, Complaint, before Daniel H. Wells, Nauvoo, Hancock Co., IL

  • 8 Aug. 1842; Hancock County Courthouse, Carthage, IL; microfilm 1,521,604 at FHL; handwriting of Daniel H. Wells; signature presumably of Charles Drown; docket in handwriting of Daniel H. Wells; notation probably in handwriting of David E. Head.

1843 (10)

October (7)

3 October 1843

Christian Upperman, Affidavit, before Leonard Harrington, Hancock Co., IL, 3 Oct. 1843–A

  • 3 Oct. 1843; Hancock County Courthouse, Carthage, IL; microfilm 1,521,604 at FHL; handwriting of Leonard Harrington; signature of Christian Upperman by his mark; docket in handwriting of Leonard Harrington; notation probably in handwriting of David E. Head.
4 October 1843

Almon Bathrick, Complaint, before Leonard Harrington, Hancock Co., IL

  • 4 Oct. 1843; Hancock County Courthouse, Carthage, IL; microfilm 1,521,604 at FHL; unidentified handwriting; signature presumably of Almon Bathrick; certification in handwriting of Leonard Harrington; docket in handwriting of Leonard Harrington; notation probably in handwriting of David E. Head.
4 October 1843

Leonard Harrington, Subpoena, for Lewis Robison and Others, Hancock Co., IL

  • 4 Oct. 1843; Hancock County Courthouse, Carthage, IL; microfilm 1,521,604 at FHL; unidentified handwriting; certification in handwriting of Leonard Harrington; notation in handwriting of Samuel Waterman; notation probably in handwriting of David E. Head.
6 October 1843

Leonard Harrington, Subpoena, for Erastus Lamb and Others, Hancock Co., IL

  • 6 Oct. 1843; Hancock County Courthouse, Carthage, IL; microfilm 1,521,604 at FHL; unidentified handwriting; signature of Leonard Harrington; notation in handwriting of Samuel Waterman; notation probably in handwriting of David E. Head.
9 October 1843

Christian Upperman and Others, Recognizance, Hancock Co., IL

  • 9 Oct. 1843; Hancock County Courthouse, Carthage, IL; microfilm 1,521,604 at FHL; handwriting of Onias Skinner; signatures of Elizabeth Mallory, Christian Upperman, and Mary Upperman by their marks; signature of Leonard Harrington; docket in handwriting of Leonard Harrington; notation probably in handwriting of David E. Head.
10 October 1843

Docket Entry, Copy, Hancock Co., IL

  • 10 Oct. 1843; Hancock County Courthouse, Carthage, IL; microfilm 1,521,604 at FHL; handwriting of Leonard Harrington and Onias Skinner; notation probably in handwriting of David E. Head.
18 October 1843

Docket Entry, Indictment, Carthage, Hancock Co., IL

  • 18 Oct. 1843; Hancock County Circuit Court Record, vol. D, p. 35, Hancock County Courthouse, Carthage, IL; microfilm at FHL; unidentified handwriting.

December (3)

15 December 1843

David E. Head on behalf of Jacob B. Backenstos, Capias, to Hancock Co. Sheriff, for Charles Drown, Carthage, Hancock Co., IL

  • 15 Dec. 1843; Hancock County Courthouse, Carthage, IL; microfilm 1,521,604 at FHL; printed form with manuscript additions in handwriting of David E. Head; docket and notation printed with manuscript additions in handwriting of David E. Head; notations printed with manuscript additions in handwriting of William Backenstos.
15 December 1843

David E. Head on behalf of Jacob B. Backenstos, Subpoena, to Hancock Co. Sheriff, for Lemuel Mallory and Others, Carthage, Hancock Co., IL, 15 Dec. 1843–A

  • 15 Dec. 1843; Hancock County Courthouse, Carthage, IL; microfilm 1,521,604 at FHL; printed form with manuscript additions in handwriting of David E. Head; docket printed with manuscript additions in handwriting of David E. Head; notations printed with manuscript additions in handwriting of William Backenstos.
15 December 1843

David E. Head on behalf of Jacob B. Backenstos, Subpoena, to Hancock Co. Sheriff, for Almon Bathrick and Daniel H. Wells, Carthage, Hancock Co., IL, 15 Dec. 1843–B

  • 15 Dec. 1843; Hancock County Courthouse, Carthage, IL; microfilm 1,521,604 at FHL; printed form with manuscript additions in handwriting of David E. Head; docket printed with manuscript additions in handwriting of David E. Head; notations printed with manuscript additions in handwriting of William Backenstos.

1844 (7)

May (1)

24 May 1844

Docket Entry, Alias Capias, Carthage, Hancock Co., IL

  • 24 May 1844; Hancock County Circuit Court Record, vol. D, p. 134, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.

July (4)

16 July 1844

David E. Head on behalf of Jacob B. Backenstos, Subpoena, to Hancock Co. Sheriff, for Almon Bathrick and Daniel H. Wells, Carthage, Hancock Co., IL, 16 July 1844–A

  • 16 July 1844; Hancock County Courthouse, Carthage, IL; microfilm 1,521,604 at FHL; printed form with manuscript additions in handwriting of David E. Head; docket printed with manuscript additions in handwriting of David E. Head; notations printed with manuscript additions in handwriting of Miner R. Deming.
16 July 1844

David E. Head on behalf of Jacob B. Backenstos, Subpoena, to Hancock Co. Sheriff, for Lemuel Mallory and Others, Carthage, Hancock Co., IL, 16 July 1844–B

  • 16 July 1844; Hancock County Courthouse, Carthage, IL; microfilm 1,521,604 at FHL; printed form with manuscript additions in handwriting of David E. Head; docket printed with manuscript additions in handwriting of David E. Head; notations printed with manuscript additions in handwriting of Miner R. Deming.
16 July 1844

David E. Head on behalf of Jacob B. Backenstos, Capias, to Hancock Co. Sheriff, for Charles Drown, Carthage, Hancock Co., IL

  • 16 July 1844; Hancock County Courthouse, Carthage, IL; microfilm 1,521,604 at FHL; printed form with manuscript additions in handwriting of David E. Head; docket and notation printed with manuscript additions in handwriting of David E. Head; notations printed with manuscript additions in handwriting of Miner R. Deming; notation probably in handwriting of David E. Head.
16 July 1844

Docket Entry, Pluries Capias, Carthage, Hancock Co., IL

  • 16 July 1844; Hancock County Circuit Court Record, vol. D, p. [165], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.

December (2)

13 December 1844

David E. Head, Subpoena, to Hancock Co. Sheriff, for Almon Bathrick and Daniel H. Wells, Carthage, Hancock Co., IL, 13 Dec. 1844–A

  • 13 Dec. 1844; Hancock County Courthouse, Carthage, IL; microfilm 1,521,604 at FHL; printed form with manuscript additions in handwriting of David E. Head; docket printed with manuscript additions in handwriting of David E. Head; notation printed with manuscript additions in unidentified handwriting; notation in handwriting of David E. Head.
13 December 1844

David E. Head, Subpoena, to Hancock Co. Sheriff, for Lemuel Mallory and Others, Carthage, Hancock Co., IL, 13 Dec. 1844–B

  • 13 Dec. 1844; Hancock County Courthouse, Carthage, IL; microfilm 1,521,604 at FHL; printed form with manuscript additions in handwriting of David E. Head; docket printed with manuscript additions in handwriting of David E. Head; notation in handwriting of David E. Head.

1845 (1)

May (1)

20 May 1845

Docket Entry, Dismissal, Carthage, Hancock Co., IL

  • 20 May 1845; Hancock County Circuit Court Record, vol. D, p. 250, Hancock County Courthouse, Carthage, IL; microfilm at FHL; unidentified handwriting.
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Related Case Documents
Editorial Title
Introduction to State of Illinois v. Drown and State of Illinois v. Drown on Habeas Corpus
ID #
18269
Total Pages
1
Print Volume Location
Handwriting on This Page

    Footnotes

    1. [1]

      Complaint, 8 Aug. 1842 [State of Illinois v. Drown].

    2. [2]

      Upperman offered contradictory affidavits in April and October 1843 regarding Drown’s motives. In the first, he claimed that Drown wanted to coerce Mallory to release Upperman and Drown from a debt they owed him. In the second, Upperman claimed that Drown wanted to coerce Mallory to pay a debt owed to Upperman and Drown. The same day as the latter affidavit, Upperman also testified that another affidavit he had sworn the day before related to the case, now apparently not extant, had been made under duress and that his April 1843 affidavit was true. (Affidavit, 10 Apr. 1843 [State of Illinois v. Drown; Affidavit, 3 October 1843–A [State of Illinois v. Drown]; Affidavit, 3 October 1843–B [State of Illinois v. Drown].)

    3. [3]

      Complaint, 4 Oct. 1843 [State of Illinois v. Drown].

    4. [4]

      Warrant, 4 Oct. 1843 [State of Illinois v. Drown]; Docket Entry, 10 Oct. 1843 [State of Illinois v. Drown].

    5. [5]

      Recognizance, 9 Oct. 1843 [State of Illinois v. Drown]; Docket Entry, 10 Oct. 1843 [State of Illinois v. Drown].

    6. [6]

      Docket Entry, 10 Oct. 1843 [State of Illinois v. Drown].

    7. [7]

      Petition, 10 Oct. 1843 [State of Illinois v. Drown on Habeas Corpus]. For more on habeas corpus, see “The Nauvoo Municipal Court and the Writ of Habeas Corpus.”

    8. [8]

      Petition, 10 Oct. 1843 [State of Illinois v. Drown on Habeas Corpus]. According to a Nauvoo ordinance regarding habeas corpus, if the court found that the charge was obtained “through private pique, malicious intent, religious or other persecution, falsehood, or misrepresentation” the petitioner was to be “released & discharged.” (Nauvoo City Council Minute Book, 8 Aug. 1842, 98–99.)

    9. [9]

      Habeas Corpus, 10 Oct. 1843 [State of Illinois v. Drown on Habeas Corpus]; Docket Entry, 10–ca. 17 Oct. 1843 [State of Illinois v. Drown on Habeas Corpus].

    10. [10]

      Docket Entry, 10–ca. 17 Oct. 1843 [State of Illinois v. Drown on Habeas Corpus].

    11. [11]

      Docket Entry, 10–ca. 17 Oct. 1843 [State of Illinois v. Drown on Habeas Corpus]. In February 1845, as one of the last official acts of the city officers after the Nauvoo charter had been repealed the prior month, the mayor tallied up outstanding fees owed by the city and authorized payment out of the city treasury. (Daniel Spencer, Order of City Treasury, to William Clayton, 10 Feb. 1845, Nauvoo, IL, Records, CHL.)

      Nauvoo, IL, Records, 1841–1845. CHL.

    12. [12]

      Docket Entry, Indictment, 18 Oct. 1843 [State of Illinois v. Drown].

    13. [13]

      Capias, 15 Dec. 1843 [State of Illinois v. Drown]; Capias, 16 July 1844 [State of Illinois v. Drown].

    14. [14]

      Docket Entry, Dismissal, 20 May 1845 [State of Illinois v. Drown].

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