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Introduction to City of Nauvoo v. F. M. Higbee, F. M. Higbee v. JS–A, F. M. Higbee v. JS–A on Habeas Corpus, and F. M. Higbee v. JS–B Praecipe, 1 May 1844 [F. M. Higbee v. JS–A] Affidavit, 1 May 1844 [F. M. Higbee v. JS–A] Capias ad Respondendum, 1 May 1844 [F. M. Higbee v. JS–A] Capias ad Respondendum, 1 May 1844, Copy [F. M. Higbee v. JS–A] Docket Entry, Dismissal, 23 May 1844 [F. M. Higbee v. JS–A] Docket Entry, Fee Bill, between 16 August and circa 14 November 1844 [F. M. Higbee v. JS–A] Docket Entry, Fieri Facias, between 11 September and circa 9 December 1844 [F. M. Higbee v. JS–A] Docket Entry, between 23 May 1844 and circa 15 April 1845 [F. M. Higbee v. JS–A] Certificate, 23 February 1846 [F. M. Higbee v. JS–A] Certificate, 23 February 1846, as Recorded in Old Certificates of Purchase, Levy, and Redemption–A [F. M. Higbee v. JS–A] Certificate, 23 February 1846, as Recorded in Old Certificates of Purchase, Levy, and Redemption–B [F. M. Higbee v. JS–A] Certificate, 2 April 1846 [F. M. Higbee v. JS–A] Petition to Nauvoo Municipal Court, 6 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus] Habeas Corpus, 6 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus] Habeas Corpus, 6 May 1844, Copy [F. M. Higbee v. JS–A on Habeas Corpus] Notice, 6 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus] Summons, 6 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus] Minutes, 6–8 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus] Subpoena, 8 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus] Account of Hearing, 8 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus] Account of Hearing, 8 May 1844, Copy [F. M. Higbee v. JS–A on Habeas Corpus] Docket Entry, 12 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus] Trial Report Draft, 12 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus] Trial Report, 12–15 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus] Trial Report, 12–15 May 1844, as Published in Times and Seasons [F. M. Higbee v. JS–A on Habeas Corpus] Execution, 4 June 1844 [F. M. Higbee v. JS–A on Habeas Corpus]

Account of Hearing, 8 May 1844, Copy [F. M. Higbee v. JS–A on Habeas Corpus]

Source Note

Account of Hearing, [
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....

More Info
, Hancock Co., IL], 8 May 1844, F. M. Higbee v. JS–A on Habeas Corpus (Nauvoo, IL, Municipal Court 1844). Copied [10] May 1844; handwriting of
Thomas Bullock

23 Dec. 1816–10 Feb. 1885. Farmer, excise officer, secretary, clerk. Born in Leek, Staffordshire, England. Son of Thomas Bullock and Mary Hall. Married Henrietta Rushton, 25 June 1838. Moved to Ardee, Co. Louth, Ireland, Nov. 1839; to Isle of Anglesey, Aug...

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; docket and notation by
Willard Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...

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, [
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....

More Info
, Hancock Co., IL], [ca. 10] May 1844; eleven pages; Nauvoo, IL, Records, CHL.

Historical Introduction

See Introduction to City of Nauvoo v. F. M. Higbee, F. M. Higbee v. JS–A, F. M. Higbee v. JS–A on Habeas Corpus, and F. M. Higbee v. JS–B.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Minutes, 6–8 May 1844 [ F. M. Higbee v. JS–A on Habeas Corpus ] Account of Hearing, 8 May 1844 [ F. M. Higbee v. JS–A on Habeas Corpus ]
Account of Hearing, 8 May 1844, Copy [ F. M. Higbee v. JS–A on Habeas Corpus ]
Trial Report Draft, 12 May 1844 [ F. M. Higbee v. JS–A on Habeas Corpus ] Trial Report, 12–15 May 1844 [ F. M. Higbee v. JS–A on Habeas Corpus ] Trial Report, 12–15 May 1844, as Published in Times and Seasons [ F. M. Higbee v. JS–A on Habeas Corpus ] History, 1838–1856, volume F-1 [1 May 1844–8 August 1844] “History of Joseph Smith”

Page [1]

Municipal Court
Wednesday May 8th. 1844
Aldermen [Newel K.] Whitney

3/5 Feb. 1795–23 Sept. 1850. Trader, merchant. Born at Marlborough, Windham Co., Vermont. Son of Samuel Whitney and Susanna Kimball. Moved to Fairfield, Herkimer Co., New York, 1803. Merchant at Plattsburg, Clinton Co., New York, 1814. Mercantile clerk for...

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was elected President of the Court—
W[illard] Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...

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, Clerk, said that this was an ad[j]ourned Session of May Term, and then read the Writ of
Habeas Corpus

“Have the body”; a written order from a court of competent jurisdiction commanding anyone having a person in custody to produce such person at a certain time and place and to state the reasons why he or she is being held in custody. The court will determine...

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for the body of Joseph Smith, who was then in the Custody of
John D Parker

22 Nov. 1799–26 Feb. 1891. Farmer, wainwright. Born in Saratoga, Saratoga Co., New York. Son of Abel Parker and Mary Davies. Served in War of 1812 as teamster in General John E. Wool’s company, 1813–1814. Married Harriet Sherwood. Moved to Galway, Saratoga...

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at the instance of
Francis M. Higbee

1820–after 1850. Attorney, merchant. Born in Tate, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Moved to Fulton, Hamilton Co., Ohio, by 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832. Moved to Jackson Co., Missouri...

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, and also the other papers in the matter—
Mr.
J. P. Stiles [George Stiles]

18 July 1816–Sept. 1885. Attorney, judge, politician. Born in Watertown, Jefferson Co., New York. Son of John Stiles and Persis Cole. Moved to Le Ray, Jefferson Co., by 1820. Moved to Pamela, Jefferson Co., by 1830. Married first Julian Mackemer, 7 Nov. 1841...

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then said that the Petition and Papers have been read in your hearing. it is a petition for an Habeas Corpus on the grounds 1st. The insufficiency of the writ, and other causes are assigned— the insufficiency <​of the​> Writ is sufficient to discharge the
prisoner

12 July 1771–14 Sept. 1840. Cooper, farmer, teacher, merchant. Born at Topsfield, Essex Co., Massachusetts. Son of Asael Smith and Mary Duty. Nominal member of Congregationalist church at Topsfield. Married to Lucy Mack by Seth Austin, 24 Jan. 1796, at Tunbridge...

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, it is the privilege and option of this Court if the writ is invalid— it is the privilege of the
prisoner

12 July 1771–14 Sept. 1840. Cooper, farmer, teacher, merchant. Born at Topsfield, Essex Co., Massachusetts. Son of Asael Smith and Mary Duty. Nominal member of Congregationalist church at Topsfield. Married to Lucy Mack by Seth Austin, 24 Jan. 1796, at Tunbridge...

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to have all the matters investigated in order to prove that the prosecutor is joined in with other persons in a conspiracy to take away Mr. Smith’s life. altho’ it is competent for the Court to discharge on account of insufficiency of the writ yet we want an examination into the matters in order that all may be understood— all warrants should disclose the crimes known to the Court, so that the
prisoner

12 July 1771–14 Sept. 1840. Cooper, farmer, teacher, merchant. Born at Topsfield, Essex Co., Massachusetts. Son of Asael Smith and Mary Duty. Nominal member of Congregationalist church at Topsfield. Married to Lucy Mack by Seth Austin, 24 Jan. 1796, at Tunbridge...

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might know what answer to make— the
prisoner

12 July 1771–14 Sept. 1840. Cooper, farmer, teacher, merchant. Born at Topsfield, Essex Co., Massachusetts. Son of Asael Smith and Mary Duty. Nominal member of Congregationalist church at Topsfield. Married to Lucy Mack by Seth Austin, 24 Jan. 1796, at Tunbridge...

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might have had to lie in jail six months, because he knows nothing what he is charged with in the writ— it might be that he is charged with debt— that he had to pay to
Francis M. Higbee

1820–after 1850. Attorney, merchant. Born in Tate, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Moved to Fulton, Hamilton Co., Ohio, by 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832. Moved to Jackson Co., Missouri...

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a sum of $500. or anything, there is no action specified— is it meant for trespass, for mal treating, beating, or slander or what other crime, so that the damage of $5,000 might be known for what it is. the writ is void for want of substance and form— all who are familiar with law— common sense, or justice, must know that it is indefinite— no charge defined. if we are not released here, we shall be released in the Circuit Court on account of the insufficiency of the writ— but we do not want it on account of the insuffiency, but we want are now willing to investigate the merits of the case— We know nothing but from information from other sources, and we want this Court to determine whether we are held to any charge to
Francis M. Higbee

1820–after 1850. Attorney, merchant. Born in Tate, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Moved to Fulton, Hamilton Co., Ohio, by 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832. Moved to Jackson Co., Missouri...

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— we have given him notice to attend here, if he have any cause to keep him here, I propose to bring in the testimony of the
prisoner

12 July 1771–14 Sept. 1840. Cooper, farmer, teacher, merchant. Born at Topsfield, Essex Co., Massachusetts. Son of Asael Smith and Mary Duty. Nominal member of Congregationalist church at Topsfield. Married to Lucy Mack by Seth Austin, 24 Jan. 1796, at Tunbridge...

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. he has averred certain facts— he is ready to make Oath of it if your honors require it— there is no ordinance against the
prisoner

12 July 1771–14 Sept. 1840. Cooper, farmer, teacher, merchant. Born at Topsfield, Essex Co., Massachusetts. Son of Asael Smith and Mary Duty. Nominal member of Congregationalist church at Topsfield. Married to Lucy Mack by Seth Austin, 24 Jan. 1796, at Tunbridge...

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taking his Oath— it is within the province [p. [1]]
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Related Case Documents
Editorial Title
Account of Hearing, 8 May 1844, Copy [F. M. Higbee v. JS–A on Habeas Corpus]
ID #
8496
Total Pages
14
Print Volume Location
Handwriting on This Page
  • Thomas Bullock

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