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

  • Source Note
  • Historical Introduction
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Joseph Smith sworn said I must commence when was foaming against me, @ the Municipal Court in my house. said he was grieved at me, and I was grieved at him I was willing on my part to settle all difficulties, and he promised if I would go before the City Council and tell them, he would drop every thing against me for ever— I have never mentioned the name of disrespectfully from that time to this— but have been entirely silent about him, if any one has said that I have spoken disrespectfully since then— they have lied— and he cannot have any cause whatever— I want to testify to this Court of what occurred a long time, before left this — I was called on to visit <​-[​>— I went, and found him on the floor, <​-[​>he stunk very bad— I took out of doors and asked him what was the matter with , when he told me that he was nearly dead with the Pox— he said he had caught it on the 4th. July, or it might be a day or two after— it was before left, a French lady came up from — a very pretty lady. got in company with this woman and so got this disease. I afterwards talked with him when he acknowledged that had got the Pox— he got better. but shortly after was down again, said he could not keep him away from the women, until he could get him well, and if he would not keep away from them, he would die of it—<​]-​> <​Here follows testimony which is too indilicate for the public eye or ear— and we would here remark that so revolting corrupt & disgusting have <​has​> been the conduct of most of this clique that we feel to dread having anything to do with their <​the​> publication of their trials; we will not however offend the public eye or ear with a repitition of the foulness of their crimes any more​> said pointed out the spot where had seduced a girl, and that he had seduced another— I did not believe it, I felt hurt, about it and labored with about it, he swore with uplifted hands, that he had lied about the matter, I went and told the girls mothers, when and made afterwards <​affidavits​> and both perjured themselves, they swore false so as to blind the family and me, and if the facts had been known, there would have been no hard feelings, I brought before , and others,<​.​> was present, when they both acknowledged that they had done these things and asked us to forgive them, I got vexed<​,​> after my feelings had been hurt,<​.​> has been guilty of adulterous communication, perjury &c and which I am able to prove by men who heard them confess it— I also preferred charges against , the same charges that I am now telling— and he got up, and told them it was the truth, when he pleaded for his life, and begged to be forgiven— this was his own statement before 60 or 70 men— he said that the charges were true against him and — I have been endeavouring to throw out shafts to defend myself because they were corrupt, and I knew they were determined to ruin me<​— .​> he has told the public that he was determined to prosecute me, because I slandered him, altho’ I tell nothing [p. 4]
Joseph Smith sworn said I must commence when was foaming against me, @ the Municipal Court in my house. said he was grieved at me, and I was grieved at him I was willing on my part to settle all difficulties, and he promised if I would go before the City Council and tell them, he would drop every thing against me for ever— I have never mentioned the name of disrespectfully from that time to this— but have been entirely silent about him, if any one has said that I have spoken disrespectfully since then— they have lied— and he cannot have any cause whatever— I want to testify to this Court of what occurred a long time, before left this — I was called on to visit -[— I went, and found him on the floor, -[he stunk very bad— I took out of doors and asked him what was the matter with , when he told me that he was nearly dead with the Pox— he said he had caught it on the 4th. July, or it might be a day or two after— it was before left, a French lady came up from — a very pretty lady. got in company with this woman and so got this disease. I afterwards talked with him when he acknowledged that had got the Pox— he got better. but shortly after was down again, said he could not keep him away from the women, until he could get him well, and if he would not keep away from them, he would die of it—]- Here follows testimony which is too indilicate for the public eye or ear— and we would here remark that so revolting corrupt & disgusting has been the conduct of most of this clique that we feel to dread having anything to do with the publication of their trials; we will not however offend the public eye or ear with a repitition of the foulness of their crimes any more said pointed out the spot where had seduced a girl, and that he had seduced another— I did not believe it, I felt hurt, and labored with about it, he swore with uplifted hands, that he had lied about the matter, I went and told the girls mothers, when and made affidavits and both perjured themselves, they swore false so as to blind the family and me, I brought before , and others. was present, when they both acknowledged that they had done these things and asked us to forgive them, I got vexed, my feelings had been hurt. has been guilty of adulterous communication, perjury &c which I am able to prove by men who heard them confess it— I also preferred charges against , the same charges that I am now telling— and he got up, and told them it was the truth, when he pleaded for his life, and begged to be forgiven— this was his own statement before 60 or 70 men— he said that the charges were true against him and — I have been endeavouring to throw out shafts to defend myself because they were corrupt, and I knew they were determined to ruin me— . he has told the public that he was determined to prosecute me, because I slandered him, altho’ I tell nothing [p. 4]
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