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Affidavit, 27 March 1844–A [F. M. Higbee v. JS–A on Habeas Corpus] Affidavit, 27 March 1844–B [F. M. Higbee v. JS–A on Habeas Corpus]

Affidavit, 27 March 1844–B [F. M. Higbee v. JS–A on Habeas Corpus]

Source Note

Merinus G. Eaton

22 Mar. 1812–? Lived in Seneca, Ontario Co., New York, by June 1842. Indicted for “passing and having in possesion Counterfeit bank bills,” Aug. 1842, in Ontario Co. Moved to Nauvoo, Hancock Co., Illinois, by Jan. 1844. Commissioned aide-de-camp to JS in ...

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, Affidavit, before
Daniel H. Wells

27 Oct. 1814–24 Mar. 1891. Farmer, teacher, ferry operator, lumber merchant, manager of nail factory, politician. Born in Trenton, Oneida Co., New York. Son of Daniel Wells and Catherine Chapin. Moved to Marietta, Washington Co., Ohio, ca. 1832. Moved to ...

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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....

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], Hancock Co., IL, 27 Mar. 1844, F. M. Higbee v. JS–A on Habeas Corpus (Nauvoo, IL, Municipal Court 1844). Published in Trial Report, Nauvoo Neighbor, 15 May 1844, 2:[3].

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.

Page [3]

State of Illinois,)
Hancock County

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

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)
Personally appeared before me,
Daniel H. Wells

27 Oct. 1814–24 Mar. 1891. Farmer, teacher, ferry operator, lumber merchant, manager of nail factory, politician. Born in Trenton, Oneida Co., New York. Son of Daniel Wells and Catherine Chapin. Moved to Marietta, Washington Co., Ohio, ca. 1832. Moved to ...

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, an acting Justice of the P[e]ace in and for said
county

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

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,
M[erinus] G. Eaton

22 Mar. 1812–? Lived in Seneca, Ontario Co., New York, by June 1842. Indicted for “passing and having in possesion Counterfeit bank bills,” Aug. 1842, in Ontario Co. Moved to Nauvoo, Hancock Co., Illinois, by Jan. 1844. Commissioned aide-de-camp to JS in ...

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, who being duly sworn according to law deposeth and saith that on or about the 15th day of March, A. D. 1844,
Joseph H. Jackson

?–? Moved to Nauvoo, Hancock Co., Illinois, by fall 1842. Moved to Carthage, Hancock Co., winter 1842–1843. Returned to Nauvoo, spring 1843. Hired to sell land for JS, 20 May 1843. Appointed aide-de-camp to lieutenant general in Nauvoo Legion, by 5 Jan. 1844...

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came to me several times and requested me to go on the hill with him. I finally consented and went with him to the Key Stone Store, in the city of
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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.
Doctor 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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and one of the Higbees, I think
Chauncy [Chauncey L.] Higbee

7 Sept. 1821–7 Dec. 1884. Lawyer, banker, politician, judge. Born in Tate Township, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Lived in Fulton, Hamilton Co., Ohio, 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832...

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, were in the store. The said
Joseph H. Jackson

?–? Moved to Nauvoo, Hancock Co., Illinois, by fall 1842. Moved to Carthage, Hancock Co., winter 1842–1843. Returned to Nauvoo, spring 1843. Hired to sell land for JS, 20 May 1843. Appointed aide-de-camp to lieutenant general in Nauvoo Legion, by 5 Jan. 1844...

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, together with the said
R. 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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, and said
Higbee

7 Sept. 1821–7 Dec. 1884. Lawyer, banker, politician, judge. Born in Tate Township, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Lived in Fulton, Hamilton Co., Ohio, 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832...

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, went into the back room of the store. They appeared to enter into private council. Soon after they went into the said room the said
Joseph H. Jackson

?–? Moved to Nauvoo, Hancock Co., Illinois, by fall 1842. Moved to Carthage, Hancock Co., winter 1842–1843. Returned to Nauvoo, spring 1843. Hired to sell land for JS, 20 May 1843. Appointed aide-de-camp to lieutenant general in Nauvoo Legion, by 5 Jan. 1844...

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invited me into the room where they were now sitting, I immediately complied. Soon after I went in the said
Higbee

7 Sept. 1821–7 Dec. 1884. Lawyer, banker, politician, judge. Born in Tate Township, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Lived in Fulton, Hamilton Co., Ohio, 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832...

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commenced talking about the spiritual wife system. He said he had no doubt but some of the
Elders

A male leader in the church generally; an ecclesiastical and priesthood office or one holding that office; a proselytizing missionary. The Book of Mormon explained that elders ordained priests and teachers and administered “the flesh and blood of Christ unto...

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had ten or twelve apiece. He said they married them whether the females were willing or not; and they did it by recording the marriage in a large book; which book was sealed up after the record was made, and was not to be opened for a long time, probably not until many of the husbands of those who were thus married were dead. They would then open the book and break the seals in the presence of those females, and when they saw their names recorded in that book they would believe that the doctrine was true and they must submit. He said this book was kept at Mr.
Hyrum Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

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’s. I asked the said
Chauncy Higbee

7 Sept. 1821–7 Dec. 1884. Lawyer, banker, politician, judge. Born in Tate Township, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Lived in Fulton, Hamilton Co., Ohio, 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832...

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* * * *
-[Here follows some expr[e]ssions too indecurous for insertion.]-
The afo[r]esaid
R. 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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, then a[s]k[e]d me what I would think if during my absence from home a carriage should drive up to my house, a person al[i]ght, and the carriage then drive off again, this person should then go into my house and begin to tell my wife a great many things ag[a]inst me to prejudice her m[i]nd against me and use every po[s]sible means to do this, and finally would introduce and preach the spiritual wife doctrine to her and make an attempt to seduce her, and further this person should sit down to dine with my wife, bless the victuals &c, and while they were thus engaged, I should come home and find them thus associated; this person should rise up and say how do you do, and bless me in a very polite manner &c., and also, if upon these appearances, I should feel jealous that something was wrong and when the person was gone, I would ask my wife what had been the conversation between her and this person, but she would refuse to [t]ell me. I then draw a pistol and present it to her and threaten to shoot her if she did not tell me all, but she would still refuse. I then would give her a double barrelled pistol, and say to her defend yourself, for if you don’t tell me, either you or I would shoot. She would [t]hen faint away through fear and excitement, and when she came to again she would begin and tell you how this person had been trying to poison your wife’s mind against you, and by preching the spiritual wife system to her had endeavoured to seduce her. I replied I should think he was a rascal; but who has had such a trial as that? The said
R. 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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, answered that he was the man who had had that trial, and who had been thus abused.
The said
Dr. 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 ...

View Full Bio
,
Higbee

7 Sept. 1821–7 Dec. 1884. Lawyer, banker, politician, judge. Born in Tate Township, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Lived in Fulton, Hamilton Co., Ohio, 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832...

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and
Joseph H. Jackson

?–? Moved to Nauvoo, Hancock Co., Illinois, by fall 1842. Moved to Carthage, Hancock Co., winter 1842–1843. Returned to Nauvoo, spring 1843. Hired to sell land for JS, 20 May 1843. Appointed aide-de-camp to lieutenant general in Nauvoo Legion, by 5 Jan. 1844...

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then remarked that they were about to hold a secret meeting to oppose and try to put a stop to such things. The said
Joseph H. Jackson

?–? Moved to Nauvoo, Hancock Co., Illinois, by fall 1842. Moved to Carthage, Hancock Co., winter 1842–1843. Returned to Nauvoo, spring 1843. Hired to sell land for JS, 20 May 1843. Appointed aide-de-camp to lieutenant general in Nauvoo Legion, by 5 Jan. 1844...

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also said that if any person undertook to arrest him he should begin to cut them.
The said
R. D.

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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Further said he was afraid of his life and dare not be out at nights.
The said
Higbee

7 Sept. 1821–7 Dec. 1884. Lawyer, banker, politician, judge. Born in Tate Township, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Lived in Fulton, Hamilton Co., Ohio, 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832...

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said he had not a doubt but there had been men killed in Missouri who had had secrets that they were afraid to divulge.
He said he was afraid of his life
The said
Jackson

?–? Moved to Nauvoo, Hancock Co., Illinois, by fall 1842. Moved to Carthage, Hancock Co., winter 1842–1843. Returned to Nauvoo, spring 1843. Hired to sell land for JS, 20 May 1843. Appointed aide-de-camp to lieutenant general in Nauvoo Legion, by 5 Jan. 1844...

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further said that he should not be surprised if there should be a real muss and insurrection in the
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
in less than two months, and that if a disturbance should take place the Carthagenians and others would come and help them.
He mentioned some name of persons who would come from
Carthage

Located eighteen miles southeast of Nauvoo. Settled 1831. Designated Hancock Co. seat, Mar. 1833. Incorporated as town, 27 Feb. 1837. Population in 1839 about 300. Population in 1844 about 400. Site of acute opposition to Latter-day Saints, early 1840s. Site...

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which names I do not remember. The same day when in Mr. Loomis’s room. I heard the said
Jackson

?–? Moved to Nauvoo, Hancock Co., Illinois, by fall 1842. Moved to Carthage, Hancock Co., winter 1842–1843. Returned to Nauvoo, spring 1843. Hired to sell land for JS, 20 May 1843. Appointed aide-de-camp to lieutenant general in Nauvoo Legion, by 5 Jan. 1844...

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say that the Laws were ready to enter into a secret conspiracy tooth and nail.
The said
Higbee

7 Sept. 1821–7 Dec. 1884. Lawyer, banker, politician, judge. Born in Tate Township, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Lived in Fulton, Hamilton Co., Ohio, 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832...

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also said that while at the Key stone that if ever he was brought before the Mayor’s Court again, and the Mayor told him again to [hold?] his tongue, that he should get up and tell him he had a right to speak and should do so, and then if any man attempted to put him out of the court he would shoot them through and further this deponent saith not.
M. G. EATON

22 Mar. 1812–? Lived in Seneca, Ontario Co., New York, by June 1842. Indicted for “passing and having in possesion Counterfeit bank bills,” Aug. 1842, in Ontario Co. Moved to Nauvoo, Hancock Co., Illinois, by Jan. 1844. Commissioned aide-de-camp to JS in ...

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.
Sworn and subscribed before me this 27th day of March A. D. 1844.
DANIEL H. WELLS

27 Oct. 1814–24 Mar. 1891. Farmer, teacher, ferry operator, lumber merchant, manager of nail factory, politician. Born in Trenton, Oneida Co., New York. Son of Daniel Wells and Catherine Chapin. Moved to Marietta, Washington Co., Ohio, ca. 1832. Moved to ...

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, J. P. -[L. S.]-
1

TEXT: “L. S.” (locus sigilli, Latin for “location of the seal”) printed in place of a seal.


[p. [3]]
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Editorial Title
Affidavit, 27 March 1844–B [F. M. Higbee v. JS–A on Habeas Corpus]
ID #
19417
Total Pages
1
Print Volume Location
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Footnotes

  1. [1]

    TEXT: “L. S.” (locus sigilli, Latin for “location of the seal”) printed in place of a seal.

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