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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]

Minutes, 6–8 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus]

Source Note

Minutes,
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, 6–8 May 1844, F. M. Higbee v. JS–A on Habeas Corpus (Nauvoo, IL, Municipal Court 1844); handwriting of
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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; six pages; Nauvoo, IL, Records, CHL. Includes docket.

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 2

There is merits in the case— & the c[o]urt has jurisdictin to punish the
complain[an]t

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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or refer him for trial the same as you wo[u]ld have agist me—— Plead his right to oral testimy, or affidavit.— refered to Blacksotn [Blackstone] that a man on Habus Corpus has a right to state all his grevnces & swear to him himself.—
Cout decidd the Petitioner had a right to his oath— Suppena issud— for
B. Yung [Brigham Young]

1 June 1801–29 Aug. 1877. Carpenter, painter, glazier, colonizer. Born at Whitingham, Windham Co., Vermont. Son of John Young and Abigail (Nabby) Howe. Brought up in Methodist household; later joined Methodist church. Moved to Sherburne, Chenango Co., New...

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,
O. P. Rockwell [Orrin Porter Rockwell]

June 1814–9 June 1878. Ferry operator, herdsman, farmer. Born in Belchertown, Hampshire Co., Massachusetts. Son of Orin Rockwell and Sarah Witt. Moved to Farmington (later in Manchester), Ontario Co., New York, 1817. Neighbor to JS. Baptized into Church of...

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,—
Hyrn [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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.
Counesoll
Stile [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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sead he could make it appe[a]r the case was corrupt
Joseph Smith sen.
B. Young

1 June 1801–29 Aug. 1877. Carpenter, painter, glazier, colonizer. Born at Whitingham, Windham Co., Vermont. Son of John Young and Abigail (Nabby) Howe. Brought up in Methodist household; later joined Methodist church. Moved to Sherburne, Chenango Co., New...

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.— &
Sidney 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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were Sworn.—
Joseph Smith testified—— referd to
F 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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s trial 5th Janury 1844.—— sitted if Joseph— did not Hatch up difficulty.—— have not said any thing disresp[ec]tful.——
Some time ago befor
Bennet

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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lift
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
— went to see
F. M. Higby

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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Lay ha[n]d on him stunk bad—— wanted to know. wh[a]t aild
Bennet

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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said he was nearly ded with the Pox.— how came he so— some time ago French Lady— came up 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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— got the disease.—— prayed & conselld— got better.
F. 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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acknowledgd— &—
Benn[et]t

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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said he had been with other women.— could not keep him away would die with it.— riding after this uptown
Bennet

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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said was told by—
F. 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 spot, where he
Higby

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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had seducd many <​them​> &c—— acknowledg to
Bennt

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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but, he had lied about them.—
Bennet

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 ...

View Full Bio
, &
Higby

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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both swore false to blind the eyes of the family.— to injury of Complaint Petitioner.— [p. 2]
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Document Information

Related Case Documents
Editorial Title
Minutes, 6–8 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus]
ID #
8494
Total Pages
6
Print Volume Location
Handwriting on This Page
  • Willard Richards

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