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

  • Source Note
  • Historical Introduction
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I wod. take my right & exercise it— & if there gets such a corrupt legislature into the State— let them take it & be d—d— in they have a County Court & either of them arrest a man— the other wod. release them— the moment you arrest a man— the other gets up & says you are not out of my own jurisdictn.— if every place has not got the H. C. it is bec. of the hellish prejudice that exists agst. them— found out that a King can swear long enought to put a man in pris & a Judge was found big enough to take him out in the face of the K— dont let the man be ruined & every thing abt. him— I look upon the H. C as the very bulwarks of the liberties— there is not a black hearted villain but would run away with any innocent man if there was not a H. C.— there is interposed a H. C. & cry stop Sir you have no right to app[rehen]d. this man— the legislatr knew that wod. do the same thing— & said never let a man go out of the witht. passg. thro the ordeall— it is the only safe guard we have in the world— there are 1000s men who wod. swear out any thing this side hell I hope from henceforth no man shall leave witht. the benefit of the H. C. I would stop him & put him thro the M. C.
— said the Court can exercise their right—
J. S. the Statemts. I made out agst. I have made out to be facts & therefore is not Slander. I have testd. boldly— & have brot. witnesses to prove him to be an adulterer & a vicious man— I did not do it until he began to use his evil influence agt. me— Ih [if] I had been to blame & he got the least chance— he wod. have been here— he knows here & all know that they have nothing agt. me— I have proved all that I ever testd.—— the Court would be bound to discharge me on acct. of havg. proved it— there are fevy [very] few lawyers who know the great priv of the H C act— ask a lawyer— & he dont know but that he has got to go to some judge— has been one of the Supreme Judges his decision is that it is as much in the power of the simple magistrate as of the greatest judge— hence Govrs. & Supreme Judges all know that I am correct— a simple magistrate as the right [p. 12]
I wod. take my right & exercise it— & if there gets such a corrupt legislature into the State— let them take it & be d—d— in they have a County Court & either of them arrest a man— the other wod. release them— the moment you arrest a man— the other gets up & says you are not out of my own jurisdictn.— if every place has not got the H. C. it is bec. of the hellish prejudice that exists agst. them— found out that a King can swear long enought to put a man in pris & a Judge was found big enough to take him out in the face of the K— dont let the man be ruined & every thing abt. him— I look upon the H. C as the very bulwarks of the liberties— there is not a black hearted villain but would run away with any innocent man if there was not a H. C.— there is interposed a H. C. & cry stop Sir you have no right to apprehend. this man— the legislatr knew that wod. do the same thing— & said never let a man go out of the witht. passg. thro the ordeall— it is the only safe guard we have in the world— there are 1000s men who wod. swear out any thing this side hell I hope from henceforth no man shall leave witht. the benefit of the H. C. I would stop him & put him thro the M. C.
— said the Court can exercise their right—
J. S. the Statemts. I made out agst. I have made out to be facts & therefore is not Slander. I have testd. boldly— & have brot. witnesses to prove him to be an adulterer & a vicious man— I did not do it until he began to use his evil influence agt. me— Ih [if] I had been to blame & he got the least chance— he wod. have been here— he knows here & all know that they have nothing agt. me— I have proved all that I ever testd.—— the Court would be bound to discharge me on acct. of havg. proved it— there are fevy [very] few lawyers who know the great priv of the H C act— ask a lawyer— & he dont know but that he has got to go to some judge— has been one of the Supreme Judges his decision is that it is as much in the power of the simple magistrate as of the greatest judge— hence Govrs. & Supreme Judges all know that I am correct— a simple magistrate as the right [p. 12]
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