The Papers
Browse the PapersDocumentsJournalsAdministrative RecordsRevelations and TranslationsHistoriesLegal RecordsFinancial RecordsOther Contemporary Papers
Reference
PeoplePlacesEventsGlossaryLegal GlossaryFinancial GlossaryCalendar of DocumentsWorks CitedFeatured TopicsLesson PlansRelated Publications
Media
VideosPhotographsIllustrationsChartsMapsPodcasts
News
Current NewsArchiveNewsletterSubscribeJSP Conferences
About
About the ProjectJoseph Smith and His PapersFAQAwardsEndorsementsReviewsEditorial MethodNote on TranscriptionsNote on Images of People and PlacesReferencing the ProjectCiting This WebsiteProject TeamContact Us
Published Volumes
  1. Home > 
  2. The Papers > 
Account of Trial, 26 April 1844 [City of Nauvoo v. C. L. Higbee et al.]

Account of Trial, 26 April 1844 [City of Nauvoo v. C. L. Higbee et al.]

Source Note

Account of Trial,
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, 26 Apr. 1844, City of Nauvoo v. C. L. Higbee et al. (Nauvoo, IL, Mayor’s Court 1844); in JS, Journal, 1842–1844, Book 4, pp. [99]–[100]; 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...

View Full Bio
; JS Collection, CHL.

Historical Introduction

See Introduction to City of Nauvoo v. C. L. Higbee et al.

Page [100]

Charles Foster

Sept. 1815–1904. Physician, pharmacist. Born in England, likely in Braunston, Northamptonshire. Son of John Foster and Jane Knibb. Immigrated to U.S., arriving in New York on 27 June 1831. Moved to Hancock Co., Illinois, by Feb. 1843. Publisher of Nauvoo ...

View Full Bio
. drew a pistol—
Dr Foster

14 Mar. 1811–1 Feb. 1878. Justice of the peace, physician, land speculator. Born in Braunston, Northamptonshire, England. Son of John Foster and Jane Knibb. Married Sarah Phinney, 18 July 1837, at Medina Co., Ohio. Baptized into Church of Jesus Christ of ...

View Full Bio
. intefed [interfered]——
Chas Foster

Sept. 1815–1904. Physician, pharmacist. Born in England, likely in Braunston, Northamptonshire. Son of John Foster and Jane Knibb. Immigrated to U.S., arriving in New York on 27 June 1831. Moved to Hancock Co., Illinois, by Feb. 1843. Publisher of Nauvoo ...

View Full Bio
. &
Chancey L. Higbee

7 Sept. 1821–7 Dec. 1884. Lawyer, banker, politician, judge. Born in Tate Township, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Lived in Fulton, Hamilton Co., Ohio, 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832...

View Full Bio
— said th[e]y would be God damnd. if th[e]y would not shoot. the mayor— breathed out many hard threatnig [threatening] and menacing sayings— would consider favord of God— for the privilege of shooting. or ridding the world of such a Tyr[a]nt. refrrig [referring] to the Mayor
6

An account published in the Nauvoo Neighbor clarifies this incident. After arresting Augustine Spencer for assaulting his brother Orson, Nauvoo marshal John P. Greene attempted to take Augustine to JS’s office. Spencer resisted, and Greene called upon Robert D. Foster, Charles Foster, and Chauncey L. Higbee for assistance. The three men refused, saying “they would see the mayor and the city d——d, and then they would not.” After Greene succeeded in getting Spencer to JS’s office, JS ordered that Higbee and the Fosters be arrested “for refusing to assist the officer when called upon.” When Higbee and the Fosters resisted arrest, JS came to the arresting officers’ aid, at which point Charles Foster drew a double-barreled pistol on JS. The gun was “instantly wrenched from his grasp,” and the three men were taken into custody. (“Outrages,” Nauvoo Neighbor, 1 May 1844, [2].)


Comprehensive Works Cited

Nauvoo Neighbor. Nauvoo, IL. 1843–1845.

——
J[oseph W.] Coolidge

31 May 1814–13 Jan. 1871. Carpenter, miller, merchant. Born in Bangor, Hancock Co., Maine. Son of John Kittridge Coolidge and Rebecca Stone Wellington. Moved to Cincinnati, by 1817. Moved to area of Mackinaw, Tazewell Co., Illinois, 1834. Married Elizabeth...

View Full Bio
confirmd.—
[Elbridge] Tufts

5 Oct. 1812–27 Nov. 1850. Farmer, policeman. Born in Farmington, Kennebec Co., Maine. Son of Josiah Tufts and Lydia Merritt. Moved to Sebec, Penobscot Co., Maine, before 1835. Married Elmira Pinkham, 30 Sept. 1835, in Farmington. Baptized into Church of Jesus...

View Full Bio
. swo[r]n.— confirmed the foregoing stateme[n]ts fined
R. D. Foster

14 Mar. 1811–1 Feb. 1878. Justice of the peace, physician, land speculator. Born in Braunston, Northamptonshire, England. Son of John Foster and Jane Knibb. Married Sarah Phinney, 18 July 1837, at Medina Co., Ohio. Baptized into Church of Jesus Christ of ...

View Full Bio
.
Chas Foster

Sept. 1815–1904. Physician, pharmacist. Born in England, likely in Braunston, Northamptonshire. Son of John Foster and Jane Knibb. Immigrated to U.S., arriving in New York on 27 June 1831. Moved to Hancock Co., Illinois, by Feb. 1843. Publisher of Nauvoo ...

View Full Bio
. &
C. L. Higbee

7 Sept. 1821–7 Dec. 1884. Lawyer, banker, politician, judge. Born in Tate Township, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Lived in Fulton, Hamilton Co., Ohio, 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832...

View Full Bio
fin[e]d $500 $100. each— appealed. to Municipal court.
7

The municipal court called for Augustine Spencer’s, Higbee’s, and the Fosters’ appeals to be heard at its 3 June 1844 session. None of the four men attended the session, however, and the court dismissed the appeals “for want of prosecution.” (JS, Journal, 3 June 1844; Nauvoo Municipal Court Docket Book, 103–106.)


Comprehensive Works Cited

Nauvoo Municipal Court Docket Book / Nauvoo, IL, Municipal Court. “Docket of the Municipal Court of the City of Nauvoo,” ca. 1843–1845. In Historian's Office, Historical Record Book, 1843–1874, pp. 51–150 and pp. 1–19 (second numbering). CHL. MS 3434.

——
Issued a warrant for
R. D. Foster

14 Mar. 1811–1 Feb. 1878. Justice of the peace, physician, land speculator. Born in Braunston, Northamptonshire, England. Son of John Foster and Jane Knibb. Married Sarah Phinney, 18 July 1837, at Medina Co., Ohio. Baptized into Church of Jesus Christ of ...

View Full Bio
. on compla[i]nt of
Willard Richa[r]ds

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...

View Full Bio
for breach of ordinance—
8

Probably “An Ordinance Concerning Vagrants and Disorderly Persons,” which provided penalties against “persons guilty of Profane or indecent language, or behaviour.” Foster’s trial began the following day. (Nauvoo City Council Minute Book, 13 Nov. 1841, 31; JS, Journal, 27 Apr. 1844.)


Comprehensive Works Cited

Nauvoo City Council Minute Book / Nauvoo City Council. “A Record of the Proceedings of the City Council of the City of Nauvoo Handcock County, State of Illinois, Commencing A.D. 1841,” ca. 1841–1845. CHL. MS 3435.

in that
Foster

14 Mar. 1811–1 Feb. 1878. Justice of the peace, physician, land speculator. Born in Braunston, Northamptonshire, England. Son of John Foster and Jane Knibb. Married Sarah Phinney, 18 July 1837, at Medina Co., Ohio. Baptized into Church of Jesus Christ of ...

View Full Bio
, said to said
Richads

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...

View Full Bio
. “You. shaking his fists in his face— are another Damned black hearted villain. You tried to seduce my
9

TEXT: “my” is double underlined.


wife on the boat when she was going to
New York

Located in northeast region of U.S. Area settled by Dutch traders, 1620s; later governed by Britain, 1664–1776. Admitted to U.S. as state, 1788. Population in 1810 about 1,000,000; in 1820 about 1,400,000; in 1830 about 1,900,000; and in 1840 about 2,400,...

More Info
.— and I can prove it. and the oath is out again[s]t you.—[”] Jos Smith.
W Richads

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...

View Full Bio
John P Green[e]

3 Sept. 1793–10 Sept. 1844. Farmer, shoemaker, printer, publisher. Born at Herkimer, Herkimer Co., New York. Son of John Coddington Greene and Anna Chapman. Married first Rhoda Young, 11 Feb. 1813. Moved to Aurelius, Cayuga Co., New York, 1814; to Brownsville...

View Full Bio
.—
[Ezra] Thayer

14 Oct. 1791–6 Sept. 1862. Farmer, gardener, builder. Born in New York. Married Elizabeth Frank. Lived at Bloomfield, Ontario Co., New York, 1820. Lived at Farmington, Ontario Co., 1830. Baptized into Church of Jesus Christ of Latter-day Saints by Parley ...

View Full Bio
—
Elbrdge Tufts

5 Oct. 1812–27 Nov. 1850. Farmer, policeman. Born in Farmington, Kennebec Co., Maine. Son of Josiah Tufts and Lydia Merritt. Moved to Sebec, Penobscot Co., Maine, before 1835. Married Elmira Pinkham, 30 Sept. 1835, in Farmington. Baptized into Church of Jesus...

View Full Bio
.——
(Harding said gave a writing to
Kimball

14 June 1801–22 June 1868. Blacksmith, potter. Born at Sheldon, Franklin Co., Vermont. Son of Solomon Farnham Kimball and Anna Spaulding. Married Vilate Murray, 22 Nov. 1822, at Mendon, Monroe Co., New York. Member of Baptist church at Mendon, 1831. Baptized...

View Full Bio
concering
Foster

14 Mar. 1811–1 Feb. 1878. Justice of the peace, physician, land speculator. Born in Braunston, Northamptonshire, England. Son of John Foster and Jane Knibb. Married Sarah Phinney, 18 July 1837, at Medina Co., Ohio. Baptized into Church of Jesus Christ of ...

View Full Bio
s statemet about Joseph &c— charig him with crime)
[p. [100]]
View entire transcript

|

Cite this page

Source Note

Document Transcript

Page [100]

Document Information

Related Case Documents

Documents Related to City of Nauvoo v. C. L. Higbee et al.

Editorial Title
Account of Trial, 26 April 1844 [City of Nauvoo v. C. L. Higbee et al.]
ID #
17138
Total Pages
2
Print Volume Location
Handwriting on This Page
  • Willard Richards

Footnotes

  1. [6]

    An account published in the Nauvoo Neighbor clarifies this incident. After arresting Augustine Spencer for assaulting his brother Orson, Nauvoo marshal John P. Greene attempted to take Augustine to JS’s office. Spencer resisted, and Greene called upon Robert D. Foster, Charles Foster, and Chauncey L. Higbee for assistance. The three men refused, saying “they would see the mayor and the city d——d, and then they would not.” After Greene succeeded in getting Spencer to JS’s office, JS ordered that Higbee and the Fosters be arrested “for refusing to assist the officer when called upon.” When Higbee and the Fosters resisted arrest, JS came to the arresting officers’ aid, at which point Charles Foster drew a double-barreled pistol on JS. The gun was “instantly wrenched from his grasp,” and the three men were taken into custody. (“Outrages,” Nauvoo Neighbor, 1 May 1844, [2].)

    Nauvoo Neighbor. Nauvoo, IL. 1843–1845.

  2. [7]

    The municipal court called for Augustine Spencer’s, Higbee’s, and the Fosters’ appeals to be heard at its 3 June 1844 session. None of the four men attended the session, however, and the court dismissed the appeals “for want of prosecution.” (JS, Journal, 3 June 1844; Nauvoo Municipal Court Docket Book, 103–106.)

    Nauvoo Municipal Court Docket Book / Nauvoo, IL, Municipal Court. “Docket of the Municipal Court of the City of Nauvoo,” ca. 1843–1845. In Historian's Office, Historical Record Book, 1843–1874, pp. 51–150 and pp. 1–19 (second numbering). CHL. MS 3434.

  3. [8]

    Probably “An Ordinance Concerning Vagrants and Disorderly Persons,” which provided penalties against “persons guilty of Profane or indecent language, or behaviour.” Foster’s trial began the following day. (Nauvoo City Council Minute Book, 13 Nov. 1841, 31; JS, Journal, 27 Apr. 1844.)

    Nauvoo City Council Minute Book / Nauvoo City Council. “A Record of the Proceedings of the City Council of the City of Nauvoo Handcock County, State of Illinois, Commencing A.D. 1841,” ca. 1841–1845. CHL. MS 3435.

  4. [9]

    TEXT: “my” is double underlined.

© 2024 by Intellectual Reserve, Inc. All rights reserved.Terms of UseUpdated 2021-04-13Privacy NoticeUpdated 2021-04-06