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Introduction to State of Illinois v. Eagle–B Docket Entry, circa 22 December 1843 [State of Illinois v. Eagle–B]

Introduction to State of Illinois v. Eagle–B

Page

State of Illinois v. Eagle–B
Hancock Co., Illinois, Justice of the Peace Court, 22 December 1843
 
Historical Introduction
Late on the night of 10 December 1843, two men with blackened faces came to the home of
Richard

25 Nov. 1793–after 9 May 1846. Farmer. Born in Herefordshire, England. Son of Abraham Badham. Married Hannah Nott, 3 June 1822, in Bosbury, Herefordshire. Emigrated with his wife and daughter from Liverpool, Lancashire, England, 8 Nov. 1841; arrived in New...

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and Hannah Badham in
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

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, Illinois, ostensibly to deliver a family letter and request lodging. Richard Badham suspected they had an “evil design” and refused them entry. The assailants rushed into the home, assaulted and bound Richard, and demanded a large sum of money purportedly in his possession. Hannah gave the assailants $4.50, a gun, and a watch. After Richard shouted for help, the assailants stabbed him in the abdomen and left the scene. The injury was not fatal.
1

“Dreadful Outrage and Attempt at Murder,” 13 Dec. 1843. Hannah Badham thought the assailants were two strangers—a twenty- to twenty-five-year-old man and an “aged man”—who previously sought aid from the Badhams.


JS filed a complaint against
John Eagle

19 Jan. 1805–ca. 1854. Grocer, laborer. Born in Alexandria, Huntingdon Co., Pennsylvania. Son of John Eagle and Catharine Spence. Moved to Porter, Huntingdon Co., by 1820. Married Susannah Whitelock, 4 Dec. 1827, in Licking Co., Ohio. Moved to Illinois, by...

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on or before 22 December 1843 for the robbery and assault of
Richard Badham

25 Nov. 1793–after 9 May 1846. Farmer. Born in Herefordshire, England. Son of Abraham Badham. Married Hannah Nott, 3 June 1822, in Bosbury, Herefordshire. Emigrated with his wife and daughter from Liverpool, Lancashire, England, 8 Nov. 1841; arrived in New...

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,
2

The following month, JS filed a separate complaint based on information he received that Alexander Sympson had been involved in the robbery and assault. Docket entries for both State of Illinois v. Eagle–B and State of Illinois v. Sympson indicate the assault occurred with the intent to kill. The punishment for robbery or assault with the intent to kill was between one and fourteen years in the penitentiary, whereas an assault committed with a deadly weapon was considered a “high misdemeanor” and was only punishable by up to a year in the county jail. (Docket Entry, ca. 22 Dec. 1843 [State of Illinois v. Eagle–B]; Docket Entry, ca. 17 Jan. 1844 [State of Illinois v. Sympson]; An Act relative to Criminal Jurisprudence [1 July 1833], Public and General Statute Laws of the State of Illinois, pp. 206, 208, secs. 51–52, 61; see also Introduction to State of Illinois v. Sympson, Sympson v. JS, and State of Illinois v. JS for Perjury.)


Comprehensive Works Cited

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.

and justice of the peace
Aaron Johnson

22 June 1806–10 May 1877. Farmer, gunmaker. Born in Haddam, Middlesex Co., Connecticut. Son of Didymus Johnson and Ruhamah Stephens. Joined Methodist church, early 1820s. Married Polly Zeruah Kelsey, 13 Sept. 1827, in New Haven, New Haven Co., Connecticut...

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issued a warrant for Eagle’s arrest. Additionally, Johnson issued subpoenas for the Badhams and two other witnesses.
3

Docket Entry, ca. 22 Dec. 1843 [State of Illinois v. Eagle–B].


Justices of the peace Johnson and
Robert D. Foster

14 Mar. 1811–1 Feb. 1878. Justice of the peace, physician, land speculator. Born in Braunston, Northamptonshire, England. Son of John Foster and Jane Knibb. Married Sarah Phinney, 18 July 1837, at Medina Co., Ohio. Baptized into Church of Jesus Christ of ...

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both presided over the court of inquiry in fulfillment of
Illinois

Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...

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statutory requirements.
4

An Act to Regulate the Apprehension of Offenders, and for Other Purposes [1 July 1827], Public and General Statute Laws of the State of Illinois, p. 238, sec. 3; see also Compilation of the Statutes of the State of Illinois, 1:66, art. 13, secs. 9–10.


Comprehensive Works Cited

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.

Purple, N. H. A Compilation of the Statutes of the State of Illinois, of a General Nature, in Force January 1, 1856, Collated with Reference to Decisions of the Supreme Court of Said State, and to Prior Laws Relating to the Same Subject Matter. 2 vols. Chicago: Keen and Lee, 1856.

Eagle pleaded not guilty to the charges. After hearing testimony, the court dismissed Eagle “for want of evidence.”
5

Docket Entry, ca. 22 Dec. 1843 [State of Illinois v. Eagle–B].


 
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.
 

1843 (5)

December (5)

Ca. 21 December 1843

JS, Complaint, Nauvoo, Hancock Co., IL

  • Ca. 21 Dec. 1843. Not extant.
    1

    See Docket Entry, ca. 22 Dec. 1843 [State of Illinois v. Eagle].


22 December 1843

Warrant, for John Eagle, Nauvoo, Hancock Co., IL

  • 22 Dec. 1843. Not extant.
    1

    See Docket Entry, ca. 22 Dec. 1843 [State of Illinois v. Eagle].


22 December 1843

Subpoena, for Zera Pulsipher and David Curry, Nauvoo, Hancock Co., IL

  • 22 Dec. 1843. Not extant.
    1

    See Docket Entry, ca. 22 Dec. 1843 [State of Illinois v. Eagle].


22 December 1843

Subpoena, for Richard Badham and Wife, Nauvoo, Hancock Co., IL

  • 22 Dec. 1843. Not extant.
    1

    See Docket Entry, ca. 22 Dec. 1843 [State of Illinois v. Eagle].


Ca. 22 December 1843

Docket Entry, Nauvoo, Hancock Co., IL

  • Ca. 22 Dec. 1843; Robinson and Johnson, Docket Book, 181, Collection of Manuscripts about Mormons, 1832–1954, Chicago History Museum; handwriting of Aaron Johnson.
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Related Case Documents
Editorial Title
Introduction to State of Illinois v. Eagle–B
ID #
13879
Total Pages
1
Print Volume Location
Handwriting on This Page

    Footnotes

    1. [1]

      “Dreadful Outrage and Attempt at Murder,” 13 Dec. 1843. Hannah Badham thought the assailants were two strangers—a twenty- to twenty-five-year-old man and an “aged man”—who previously sought aid from the Badhams.

    2. [2]

      The following month, JS filed a separate complaint based on information he received that Alexander Sympson had been involved in the robbery and assault. Docket entries for both State of Illinois v. Eagle–B and State of Illinois v. Sympson indicate the assault occurred with the intent to kill. The punishment for robbery or assault with the intent to kill was between one and fourteen years in the penitentiary, whereas an assault committed with a deadly weapon was considered a “high misdemeanor” and was only punishable by up to a year in the county jail. (Docket Entry, ca. 22 Dec. 1843 [State of Illinois v. Eagle–B]; Docket Entry, ca. 17 Jan. 1844 [State of Illinois v. Sympson]; An Act relative to Criminal Jurisprudence [1 July 1833], Public and General Statute Laws of the State of Illinois, pp. 206, 208, secs. 51–52, 61; see also Introduction to State of Illinois v. Sympson, Sympson v. JS, and State of Illinois v. JS for Perjury.)

      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.

    3. [3]

      Docket Entry, ca. 22 Dec. 1843 [State of Illinois v. Eagle–B].

    4. [4]

      An Act to Regulate the Apprehension of Offenders, and for Other Purposes [1 July 1827], Public and General Statute Laws of the State of Illinois, p. 238, sec. 3; see also Compilation of the Statutes of the State of Illinois, 1:66, art. 13, secs. 9–10.

      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.

      Purple, N. H. A Compilation of the Statutes of the State of Illinois, of a General Nature, in Force January 1, 1856, Collated with Reference to Decisions of the Supreme Court of Said State, and to Prior Laws Relating to the Same Subject Matter. 2 vols. Chicago: Keen and Lee, 1856.

    5. [5]

      Docket Entry, ca. 22 Dec. 1843 [State of Illinois v. Eagle–B].

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