Trial Report, 12–15 May 1844, as published in Times and Seasons [F. M. Higbee v. JS–A on Habeas Corpus]
Trial Report, , Hancock Co., IL, [12–15] May 1844, F. M. Higbee v. JS–A on Habeas Corpus (Nauvoo, IL, Municipal Court 1844). Published [ca. 18 May 1844] in “Municipal Court,” Times and Seasons, 15 May 1844, 5:536–541.
Before Alderman , acting chief justice; and Aldermen , , , , , and , associate justices, presiding.
Messrs. & ,
Joseph Smith, Sen.)
Counsel for Smith.
This case came before the court upon a return to a writ of habeas corpus, which was issued by this court on the 6th of May, instant, upon petition of Joseph Smith, Sen. as follows:
STATE OF ILLINOIS,)
City of .)
To the Honorable Municipul Court in and for the City of :—
The undersigned, your petitioner, most respectfully represents that he is an inhabitant of said ; your petitioner further represents that he is under arrest in said , and is now in the custody of one , deputy sheriff of the county of , and State of ; that the said holds your petitioner by virtue of a writ or “” issued by the clerk of the circuit court, of the county of , and State of , at the instance of one , of said county, requiring your petitioner to answer the said , “of a plea of the case,” damage five thousand dollars; your petitioner further represents that the proceedings against him are illegal; that the said warrant of arrest is unformal, and not of that character which the law recognises as valid, that the said writ is wanting and deficient in the plea therein contained; that the charge or complaint which your petitioner is therein required to answer, is not known to the law.
Your petitioner further avers that the said writ does not disclose in any way or manner whatever, any cause of action, which matter your petitioner most respectfully submits for your consideration; together with a copy of the said warrant of arrest which is hereunto attached.
Your petitioner further states that this proceeding has been instituted against him without any just or legal cause; and further that the said , is actuated by no other motive than a desire to persecute and harrass your petitioner, for the base purpose of gratifying feelings of revenge, which, without any cause, the said has for a long time been fostering and cherishing.
Your petitioner further states that he is not guilty of the charge preferred against him, or of any act against him, by which the said could have any charge, claim or demand, whatever against your petitioner.
Your petioner further states, that he verily believes that another object the said had in instituting the proceeding, was, and is, to throw your petitioner into the hands of his enemies, that he might the better carry out a conspiracy which has for some time been brewing against the life of your petitioner.
Your petitioner further states that the suit which has been instituted against him has been instituted through malice, private pique, and corruption.
Your petitioner would therefore most respectfully ask your honorable body, to grant him the benefit of the writ of habeas corpus, that the whole matter may be thoroughly investigated, and such order made, as the law and justice demands in the premises, and your petitioner will ever pray.
JOSEPH SMITH, Sen.
, May, 6, 1844.
State of Illinois,)
City of .)
The people of the State of : To the of said : . . . GREETING.
Whereas, application has been made before the Municipal Court of said , that the body of one Joseph Smith, Senior, of the said city of , is in the custody of Deputy sheriff of , state aforesaid:
These are therefore to command the said , of the aforesaid, to safely have the body of said Joseph Smith, Senior, of the aforesaid, in his custody detained, as it is said, together with the day and cause of his caption and detention, by whatsoever name the said Joseph Smith, Senior may be known or called before the Municipal court, of said forthwith, to abide such order as the said court shall make in this behalf, and further, if the said , or other person or persons, having said Joseph Smith, Senior, of said city of , in custody, shall refuse or neglect to comply with the provisions of this writ, you the Marshal of said , or other person, authorized to serve the same, are hereby required to arrest the person or persons so refusing or neglecting to comply as aforesaid, and bring him or them together with the person or persons in his or their custody, forthwith before the Municipal court, aforesaid, to be dealt with according to law; and herein fail not and bring this writ with you,