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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 [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....

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, 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...

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; 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...

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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], 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...

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, 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 8

El [Henry G.] Sherwood

20 Apr. 1785–24 Nov. 1867. Surveyor. Born at Kingsbury, Washington Co., New York. Son of Newcomb Sherwood and a woman whose maiden name was Tolman (first name unidentified). Married first Jane J. McManagal (McMangle) of Glasgow, Lanark, Scotland, ca. 1824...

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I have had several times had talk with
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...

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it is near two years— there was a fuss abt.
J. Bennett

3 Aug. 1804–5 Aug. 1867. Physician, minister, poultry breeder. Born at Fairhaven, Bristol Co., Massachusetts. Son of John Bennett and Abigail Cook. Moved to Marietta, Washington Co., Ohio, 1808; to Massachusetts, 1812; and back to Marietta, 1822. Married ...

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s wifes Sister bef the H[igh] Council— there was a Fren[ch] W[oman] from
Warsaw

Located at foot of Des Moines rapids of Mississippi River at site of three military forts: Fort Johnson (1814), Cantonment Davis (1815–1818), and Fort Edwards (1816–1824). First settlers participated in fur trade. Important trade and shipping center. Post...

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that he had medical ass[istance] for the clap— there had been some circ when he smelt bad
Dr. B

3 Aug. 1804–5 Aug. 1867. Physician, minister, poultry breeder. Born at Fairhaven, Bristol Co., Massachusetts. Son of John Bennett and Abigail Cook. Moved to Marietta, Washington Co., Ohio, 1808; to Massachusetts, 1812; and back to Marietta, 1822. Married ...

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at[tended] him J. S. adm[inistere]d. to him but it was irksome—
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...

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asstd. [assented] that it was so— he did not contradict it it was expressive to me that he assented to it— signs speak a deal to me— he prom[ise]d. to reform— he wod. do better— he wod. do so no more
El [Heber C.] Kimball

14 June 1801–22 June 1868. Blacksmith, potter. Born at Sheldon, Franklin Co., Vermont. Son of Solomon Farnham Kimball and Anna Spaulding. Married Vilate Murray, 22 Nov. 1822, at Mendon, Monroe Co., New York. Member of Baptist church at Mendon, 1831. Baptized...

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F. 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...

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I think it is 2 years it was the time of the
Bt.

3 Aug. 1804–5 Aug. 1867. Physician, minister, poultry breeder. Born at Fairhaven, Bristol Co., Massachusetts. Son of John Bennett and Abigail Cook. Moved to Marietta, Washington Co., Ohio, 1808; to Massachusetts, 1812; and back to Marietta, 1822. Married ...

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aff[air] I had some convr. [conversation] with
F 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...

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nr.
Mr. Ivins

16 Apr. 1799–29 Jan. 1875. Merchant, hotelier, ferry owner, farmer. Born in Burlington Co., New Jersey. Son of Israel Ivins and Margaret Woodward. Married Elizabeth Lippencott Shinn, 1 May 1823, in Burlington Co. Moved to Monmouth Co., New Jersey, before ...

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I had a convn. with him he exp[resse]d. himself indignt. at some things he expd. his feelings that he was sorry— that he wod. live a new life— that he never wod. lift a word agst P[residen]t. Smith— he had an incl[inatio]n. to write— what he published was false— I exh[orte]d. him to go & recall what he sd.— I saw him in
Cincin

Area settled largely by emigrants from New England and New Jersey, by 1788. Village founded and surveyed adjacent to site of Fort Washington, 1789. First seat of legislature of Northwest Territory, 1790. Incorporated as city, 1819. Developed rapidly as shipping...

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he promd. me by every thing sacred that he wod. come home, reform— & go & pub[lish] this doctr. [doctrine] that it was true— he sd. he had taken a course that was wrong towards to Pt. Smith. & was sorry for it—he sd. he wod. go. & study at
Cin

Area settled largely by emigrants from New England and New Jersey, by 1788. Village founded and surveyed adjacent to site of Fort Washington, 1789. First seat of legislature of Northwest Territory, 1790. Incorporated as city, 1819. Developed rapidly as shipping...

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for his charr. was ruined here— we went over from
Quincy

Located on high limestone bluffs east of Mississippi River, about forty-five miles south of Nauvoo. Settled 1821. Adams Co. seat, 1825. Incorporated as town, 1834. Received city charter, 1840. Population in 1835 about 800; in 1840 about 2,300; and in 1845...

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to
Mo.

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...

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& exhorted him the last time I con[verse]d. with him he sd. if I had taken your counsel I shod. now have been a man looked on with resp[ec]t.— he sd he was not conn[ecte]d. with the people that opp[ose]d. Pres. S. & never would— he regretd the course he had taken
El Rigdon

19 Feb. 1793–14 July 1876. Tanner, farmer, minister. Born at St. Clair, Allegheny Co., Pennsylvania. Son of William Rigdon and Nancy Gallaher. Joined United Baptists, ca. 1818. Preached at Warren, Trumbull Co., Ohio, and vicinity, 1819–1821. Married Phebe...

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I am dispd to offe a few refns. [references?] there are two prominent events set forth in the petns. why he shod. be disc[harge]d the evidence has been all to shew that the the writ itself is so defective that it has no power to hold— there is no chance of the writ ever holdig any pe[r]son— for the plainest of all reasons that a man can never be prep[are]d. for trial— no man knows what he had to plead to— in all crim[inal] pros the pros. he is bound to ment[io]n. in the writ what he is prosd. for— & can only be tried for that which is on the pap[er] itself— & when there is no charge on the petnr. [petitioner] to hold him— & if it was taken into the C. C. they wod. disch him with[ou]t. a trial— inasmuch as he is not char[ge]d. with any crime
In rel[atio]n. to the H C. in the pow[er] of the M C of this
city

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
& of the Chartd pow that I wod. indulge myself pretty freely— there has been some excitemt [p. 8]
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Page 8

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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

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