The Papers
Browse the PapersDocumentsJournalsAdministrative RecordsRevelations and TranslationsHistoriesLegal RecordsFinancial RecordsOther Contemporary Papers
Reference
PeoplePlacesEventsGlossaryLegal GlossaryFinancial GlossaryCalendar of DocumentsWorks CitedFeatured TopicsLesson PlansRelated Publications
Media
VideosPhotographsIllustrationsChartsMapsPodcasts
News
Current NewsArchiveNewsletterSubscribeJSP Conferences
About
About the ProjectJoseph Smith and His PapersFAQAwardsEndorsementsReviewsEditorial MethodNote on TranscriptionsNote on Images of People and PlacesReferencing the ProjectCiting This WebsiteProject TeamContact Us
Published Volumes
  1. Home > 
  2. The Papers > 
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 [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); 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...

View Full Bio
; docket by
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...

View Full Bio
, [
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; notation by
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...

View Full Bio
, 10 May 1844; docket by unidentified scribe, [ca. 10 May 1844]; fourteen pages; Nauvoo, IL, Records, CHL. Includes notation.

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.
Alderman
[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...

View Full Bio
was elected President of the court
W. W. Richards [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...

View Full Bio
said this was an adjourned Session of May Term— who <​and​> read the Writ of Habeas Corpus for the body of Joseph Smith who was in Custody of
J[ohn] 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...

View Full Bio
at the instance of
F[rancis] 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...

View Full Bio
and also the other papers in the matter—
Mr. [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...

View Full Bio
the pet[ition] & pap[ers] have been read in your hear[in]g.— it is a petn. for H. C.— <​1st​> the insufficiencey of the writ & other causes are ass[igne]d.— the insuff[icien]t. writ is sufft. to disch[arge] the pris[oner] it is the priv[ilege] & option of this court that if the writ is invalid— it is the priv. of the pris. to have all the matters investigated so that the
pros[ecutor]

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...

View Full Bio
& other persons who are in a consp[irac]y. to take his life— altho it is compet[en]t. for the C[our]t. to dischg. on acc[oun]t. of insuffy. of the writ yet we want an ex[aminatio]n. of the matters so that all may be understood— all warr[an]ts. sho[ul]d. disclose all crimes known to the Court so that the pris. may know what ans[we]r. to make— the pris. mi[gh]t. have had to lie in jail 6 mo. bec. he knows nothing what he is charged with in the writ, that he had <​to​> pay to
F M H

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...

View Full Bio
a sum of 5,000 or anything there is no act[io]n. spec[ifie]d. is it meant for tresspass mall treating [maltreating] beating slander or to any crime so that the damage of 5000 might be kn[ow]n. for what— the writ is void for want of sub[stance] & form— all who are fam[iliar] with law commonsence or justice must know that it is indefinite no charge defined— if it is not rel[ease]d. here we shall be reld. in the circuit court on acct. of the insuffy. of the writ— we are now willing to investigate the merits of the case— we know nothing but from inf[ormatio]n. for other sources & we want this court to determine whey. [whether] we held to any charge to
F. M. H.

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...

View Full Bio
— we have given him notice to att[en]d. here if he have any cause to keep him here— I prop[ose] to bring in the test[imony] of the pris. he is the pris. he has averred certain facts— he is ready to make oath if your honors require it there is no ordinance ag[ain]st the pris. giv[in]g. his oath— it is the province of the court to do so it is the privilege of the court in any case to hear the
plt [plaintiff]

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...

View Full Bio
in any cause— law is founded on justice— there can no iniquity rise from any thing in this matter [p. 1]
View entire transcript

|

Cite this page

Source Note

Document Transcript

Page 1

Document Information

Related Case Documents
Editorial Title
Account of Hearing, 8 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus]
ID #
8495
Total Pages
16
Print Volume Location
Handwriting on This Page
  • Thomas Bullock

© 2024 by Intellectual Reserve, Inc. All rights reserved.Terms of UseUpdated 2021-04-13Privacy NoticeUpdated 2021-04-06