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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, circa 7 May 1844–A [F. M. Higbee v. JS–B] Praecipe, circa 7 May 1844–B [F. M. Higbee v. JS–B] Summons, 8 May 1844 [F. M. Higbee v. JS–B] Subpoena, 8 May 1844–A [F. M. Higbee v. JS–B] Subpoena, 8 May 1844–B [F. M. Higbee v. JS–B] Declaration, circa 9 May 1844 [F. M. Higbee v. JS–B] Plea, 20 May 1844 [F. M. Higbee v. JS–B] Docket Entry, Plea, 21 May 1844 [F. M. Higbee v. JS–B] Affidavit, 23 May 1844–A [F. M. Higbee v. JS–B] Affidavit, 23 May 1844–B [F. M. Higbee v. JS–B] Affidavit, 23 May 1844–C [F. M. Higbee v. JS–B] Docket Entry, Motion and Change of Venue, 23 May 1844 [F. M. Higbee v. JS–B] Affidavit, 24 May 1844 [F. M. Higbee v. JS–B] Docket Entry, Motion Set Aside, 24 May 1844 [F. M. Higbee v. JS–B] Pleas, circa 28 May 1844 [F. M. Higbee v. JS–B] Replication, circa 28 May 1844 [F. M. Higbee v. JS–B] Demurrer, circa 28 May 1844 [F. M. Higbee v. JS–B] Docket Entry, Pleas and Demurrer, 29 May 1844 [F. M. Higbee v. JS–B] Docket Entry, Demurrer Sustained, 29 May 1844 [F. M. Higbee v. JS–B] Bill of Costs, 9 August 1844 [F. M. Higbee v. JS–B] Bill of Costs, 10 August 1844 [F. M. Higbee v. JS–B] Transcript of Proceedings, 10 August 1844 [F. M. Higbee v. JS–B] Case File Wrapper, circa October 1844 [F. M. Higbee v. JS–B] Praecipe, 29 May 1844 [F. M. Higbee v. JS–B] Docket Entry, Abatement, 27 August 1844 [F. M. Higbee v. JS–B] Docket Entry, circa 27 August 1844 [F. M. Higbee v. JS–B] Docket Entry, Abatement, circa August 1844 [F. M. Higbee v. JS–B]

Declaration, circa 9 May 1844 [F. M. Higbee v. JS–B]

Source Note

William Marr

5 Feb. 1817–5 Sept. 1844. Lawyer. Born in Scarborough, Cumberland Co., Maine. Son of Robert P. Marr and Olive Plaisted. Graduated from Bowdoin College, 1839, in Brunswick, Cumberland Co. Graduated from Harvard Law School, 1842. Moved to Nauvoo, Hancock Co...

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and
Sylvester Emmons

28 Feb. 1808–15 Nov. 1881. Lawyer, newspaper editor/publisher. Born in Readington Township, Hunterdon Co., New Jersey. Son of Abraham Emmons and Margaret Vlerebome. Moved to Philadelphia, 1831. Moved to Illinois, 1840. Admitted to bar in Hancock Co., Illinois...

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on behalf 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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, Declaration,
Hancock Co.

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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, IL, ca. [9] May 1844, F. M. Higbee v. JS–B (Hancock Co., IL, Circuit Court 1844); handwriting of
William Marr

5 Feb. 1817–5 Sept. 1844. Lawyer. Born in Scarborough, Cumberland Co., Maine. Son of Robert P. Marr and Olive Plaisted. Graduated from Bowdoin College, 1839, in Brunswick, Cumberland Co. Graduated from Harvard Law School, 1842. Moved to Nauvoo, Hancock Co...

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; docket by
William Marr

5 Feb. 1817–5 Sept. 1844. Lawyer. Born in Scarborough, Cumberland Co., Maine. Son of Robert P. Marr and Olive Plaisted. Graduated from Bowdoin College, 1839, in Brunswick, Cumberland Co. Graduated from Harvard Law School, 1842. Moved to Nauvoo, Hancock Co...

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, [
Hancock Co.

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 ...

More Info
, IL, ca. 9 May 1844]; notation by
David E. Head

27 Apr. 1818–1 May 1877. Clerk, merchant. Born in Washington Co., Kentucky. Moved to Macomb, McDonough Co., Illinois, ca. 1834. Deputy clerk of McDonough Co. Deputy clerk of Hancock Co., Illinois, circuit court, by 16 May 1843. Clerk of Hancock Co. Circuit...

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, [
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...

More Info
, Hancock Co., IL], 10 May 1844; notation by James M. Campbell, [
Macomb

Incorporated as city, 1841. McDonough Co. seat. JS’s brother Don Carlos Smith lived nearby Macomb, 1839. Branch of church organized in city, June 1839.

More Info
, McDonough Co., IL], 12 Aug. 1844; two pages; McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb.

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]

mentioned citizens falsely and maliciously spoke uttered and published of and concerning the said
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...

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the false scandolous malicious and defamatory words following that is to say He (the
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...

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meaning) is a thief He (the
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...

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meaning) is guilty of Larceny— He the
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...

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meaning) stole about two hundred dollars in silver He (the
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...

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meaning) was always a Thief— He (the
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...

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meaning) is a whoremaster He (the
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...

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meaning) <​is a Liar​> He (the
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...

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meaning) is guilty of Fornication He (the
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...

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Meaning) is an adulterer He (the
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...

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meaning) was a short time ago rotten with the Poc and stunck so bad that when I (the defendant meaning) went to lay hands upon him (the
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...

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meaning) I (the defendant meaning) could not come near him (the
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...

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meaning) he (the
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
meaning) was rotten with the venerial disease and I (the defendant meaning) have forbid my (the defendant’s meaning) females to associate with him <​the
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...

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meaning)​> and I (the defendant meaning) have forbid his (the
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...

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s meaning) coming or visiting my (the defendants meaning) house and I (the defendant meaning) say it would be a disgrace for any other family in this place (meaning
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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) to associate with him (the
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...

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meaning) or permit him (the
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...

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meaning) to visit their families
And afterward to wit on the day and year last aforesaid and on sundry other times <​and​> days sinse the day last aforesaid and before the commencment of this suit at the
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 ...

More Info
and
state

Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...

More Info
aforesaid in certain other discourses which the said defendant then and there— had in the presence and hearing of divers other good and worthy citizens of the <​said​>
state

Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...

More Info
of and concerning the said
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...

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the defendant further contriving and intending as aforesaid then and there in the presence and hearing of those citizens falsely and maliciously spoke and published of and concerning the
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...

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other the false scandolous malicous and defamatory <​words​> following that is to say He (the
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...

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meaning) is guilty of Larceny— He (the
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
meaning) is a thief— He (the
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
meaning) [p. [3]]
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Source Note

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Page [3]

Document Information

Related Case Documents
Editorial Title
Declaration, circa 9 May 1844 [F. M. Higbee v. JS–B]
ID #
4814
Total Pages
8
Print Volume Location
Handwriting on This Page
  • William Marr

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