Foster (through his lawyers Emmons and Higbee) files a lawsuit against Joseph Smith and Coolidge, alleging false imprisonment and injury as a result of an arrest on April 6th, 1844.

Date
May 9, 1844
Type
Government Document
Source
Sylvester Emmons
LDS
Disaffected
Critic
Hearsay
Direct
Reference

"Declaration, circa 9 May 1844 [C. A. Foster v. JS and Coolidge]," The Joseph Smith Papers, accessed January 4, 2022

Scribe/Publisher
Sylvester Emmons
People
Charles A. Foster, Joseph W. Coolidge, Sylvester Emmons, David E. Head, Chauncey Higbee, Joseph Smith, Jr.
Audience
Hancock Circuit Court
Transcription

State of Illinois) ss [scilicet]

Hancock County)

In the Hancock Circuit Court May Term A. D 1844

Charles A Foster

vs

Joseph Smith &)

Joseph W Coolidge)

Joseph Smith and Joseph W Coolidge was summoned to answer Charles A Foster of a Plea of Trespass vi et Arms for a false imprisonment and thereupon the said Charles A Foster complains against the said Joseph Smith and the said Joseph <​W​> Coolidge for that the said Smith and the said Coolidge with force and arms &c did on the Twenty sixth day of April in the year of our Lord one Thousand Eight hundred and forty four at and within the County of Hancock assault seize & lay hold of the said Foster and with great force and violence pulled and dragged about the said Foster and then and there badly bruised and ill treated the said Foster and then and there imprisoned and kept and detained him in Prison there without any reasonable or probable cause whatsoever for a long time To Wit one day then and there next following contrary to the Laws and customs of this State and against the will of the said Foster then and there did to the great damage of the said Foster and against the Peace of the People of the State of Illinois whereupon the said Foster saith that he is greatly injured and hath sustained damage to the amount of one Thousand Dollars and therefore he brings suit &c

[Chauncey L.] Higbee & [Sylvester] Emmons

Attys for Plaintiff

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