Account of Hearing, 8 May 1844, Copy [F. M. Higbee v. JS–A on Habeas Corpus]

  • Source Note
  • Historical Introduction
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Municipal Court Adjd. meetg.
sworn— with regard to this case I know nothing— but through a circumstance occurring at came to my house to preach— he preached and was upholding the authorities of the Church very much— he came over here and apostatized the same day— I then came over and went to see him— I asked him <​why​> how he <​had​> changed his mind so quick?— he said he had seen affidavits of the guilt of Mr. Smith— he told me was going about to the different conferences. I told him I thought he had better send some one else, his conduct was not the best and I knew of circumstances that were not right— Once I was a mate on a Steam Boat, and was Clerk— we had not much Cabin— we had some females on board— I and another had given up our room to some ladies for the night— it was my Watch, and I went into the Cabin for my Buffalo Robe, about one oclock in the night— when I saw him leaning over the Berth where one of the ladies slept— this was in the night— and he had no business there— no Gentleman had any right there— I gave up my Berth to the ladies— I felt indignant at such conduct— his conduct towards the Lady passengers was unbecoming— and particularly in one who professes so much virtue as he now does—
sworn— I have seen go into rooms with females, but what their intentions were I did not know, I might have seen him two or three times— I think he has done that which is not right, I should judge from conversations with him, that was the case, I presume he has, a good many times— I might recollect 20 tines— he has frequently told me things of that kind— it is a private case to be sure— he has told me, that he had commenced an action against Joseph Smith for slander— I met today, I asked him about the fuss, when he said he had got Mr. Smith up for slander— he said he should not come here— but did not say why, I recollect the time that he was sick, when attended him, I went to see him nearly every day, I understood to say that he was prosecuting Mr. Smith for slander— that he was up before the Municipal Court— he told me he supposed I was wanted to prove that he was a thief, whoremaster, and every thing else— [p. 9]
Municipal Court Adjd. meetg.
sworn— with regard to this case I know nothing— but through a circumstance occurring at came to my house to preach— he preached and was upholding the authorities of the Church very much— he came over here and apostatized the same day— I then came over and went to see him— I asked him why he had changed his mind so quick— he said he had seen affidavits of the guilt of Mr. Smith— he told me was going about to the different conferences. I told him I thought he had better send some one else, his conduct was not the best and I knew of circumstances that were not right— Once I was a mate on a Steam Boat, and was Clerk— we had not much Cabin— we had some females on board— I and another had given up our room to some ladies for the night— it was my Watch, and I went into the Cabin for my Buffalo Robe, about one oclock in the night— when I saw him leaning over the Berth where one of the ladies slept— this was in the night— and he had no business there— no Gentleman had any right there— I gave up my Berth to the ladies— I felt indignant at such conduct— his conduct towards the Lady passengers was unbecoming— and particularly in one who professes so much virtue as he now does—
sworn— I have seen go into rooms with females, but what their intentions were I did not know, I might have seen him two or three times— I think he has done that which is not right, I should judge from conversations with him, that was the case, I presume he has, a good many times— I might recollect 20 tines— he has frequently told me things of that kind— it is a private case to be sure— he has told me, that he had commenced an action against Joseph Smith for slander— I met today, I asked him about the fuss, when he said he had got Mr. Smith up for slander— he said he should not come here— but did not say why, I recollect the time that he was sick, when attended him, I went to see him nearly every day, I understood to say that he was prosecuting Mr. Smith for slander— that he was up before the Municipal Court— he told me he supposed I was wanted to prove that he was a thief, whoremaster, and every thing else— [p. 9]
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