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Introduction to City of Nauvoo v. F. M. Higbee, F. M. Higbee v. JS–A, F. M. Higbee v. JS–A on Habeas Corpus, and F. M. Higbee v. JS–B Praecipe, 1 May 1844 [F. M. Higbee v. JS–A] Affidavit, 1 May 1844 [F. M. Higbee v. JS–A] Capias ad Respondendum, 1 May 1844 [F. M. Higbee v. JS–A] Capias ad Respondendum, 1 May 1844, Copy [F. M. Higbee v. JS–A] Docket Entry, Dismissal, 23 May 1844 [F. M. Higbee v. JS–A] Docket Entry, Fee Bill, between 16 August and circa 14 November 1844 [F. M. Higbee v. JS–A] Docket Entry, Fieri Facias, between 11 September and circa 9 December 1844 [F. M. Higbee v. JS–A] Docket Entry, between 23 May 1844 and circa 15 April 1845 [F. M. Higbee v. JS–A] Certificate, 23 February 1846 [F. M. Higbee v. JS–A] Certificate, 23 February 1846, as Recorded in Old Certificates of Purchase, Levy, and Redemption–A [F. M. Higbee v. JS–A] Certificate, 23 February 1846, as Recorded in Old Certificates of Purchase, Levy, and Redemption–B [F. M. Higbee v. JS–A] Certificate, 2 April 1846 [F. M. Higbee v. JS–A] Petition to Nauvoo Municipal Court, 6 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus] Habeas Corpus, 6 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus] Habeas Corpus, 6 May 1844, Copy [F. M. Higbee v. JS–A on Habeas Corpus] Notice, 6 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus] Summons, 6 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus] Minutes, 6–8 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus] Subpoena, 8 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus] Account of Hearing, 8 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus] Account of Hearing, 8 May 1844, Copy [F. M. Higbee v. JS–A on Habeas Corpus] Docket Entry, 12 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus] Trial Report Draft, 12 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus] Trial Report, 12–15 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus] Trial Report, 12–15 May 1844, as Published in Times and Seasons [F. M. Higbee v. JS–A on Habeas Corpus] Execution, 4 June 1844 [F. M. Higbee v. JS–A on Habeas Corpus]

Trial Report, 12–15 May 1844, as Published in Times and Seasons [F. M. Higbee v. JS–A on Habeas Corpus]

Source Note

Trial Report,
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....

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, 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.

Historical Introduction

See Introduction to City of Nauvoo v. F. M. Higbee, F. M. Higbee v. JS–A, F. M. Higbee v. JS–A on Habeas Corpus, and F. M. Higbee v. JS–B.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. *Docket Entry, Motion and Plea, 18 April 1839 [ JS v. McLellin ]

Page 541

wards saw him in
Cincinnatti

Area settled largely by emigrants from New England and New Jersey, by 1788. Village founded and surveyed adjacent to site of Fort Washington, 1789. First seat of legislature of Northwest Territory, 1790. Incorporated as city, 1819. Developed rapidly as shipping...

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, when he promised by every thing sacred that he would come home, reform, and then go and publish this doctrine, for it was true; he said he had taken a course that was wrong towards President Smith, and was sorry for it. He said he would study at
Cincinnatti

Area settled largely by emigrants from New England and New Jersey, by 1788. Village founded and surveyed adjacent to site of Fort Washington, 1789. First seat of legislature of Northwest Territory, 1790. Incorporated as city, 1819. Developed rapidly as shipping...

More Info
, for his character was ruined here. When we were in
Quincy

Located on high limestone bluffs east of Mississippi River, about forty-five miles south of Nauvoo. Settled 1821. Adams Co. seat, 1825. Incorporated as town, 1834. Received city charter, 1840. Population in 1835 about 800; in 1840 about 2,300; and in 1845...

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, we went over to
Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...

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, and exhorted him to alter his conduct. The last time I conversed with him, he said, “if I had taken your council, I should now have been a man looked on with respect; he said he was not connected with the people that opposed President Smith and never would”— he much regretted the course he had taken.
After hearing the foregoing evidence in support of said petition, it is considered and ordained by the court; 1st, That the said Joseph Smith, Senior, be discharged from the said arrest and imprisonment, complained of in said petition, on the illegality of the writ, upon which he was arrested, as well as upon the writ of the case, and that he
go hence without day

When the court dismisses charges against a person “he is said to go without day; that is, there is no day appointed for him to appear again.”

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. Secondly,
Francis M. Higbee

1820–after 1850. Attorney, merchant. Born in Tate, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Moved to Fulton, Hamilton Co., Ohio, by 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832. Moved to Jackson Co., Missouri...

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’s character having been so fully shown, as infamous, the court is convinced that this suit was instituted through malice, private pique and corruption; and ought not to be countenanced; and it is ordained by the court that said
Francis M. Higbee

1820–after 1850. Attorney, merchant. Born in Tate, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Moved to Fulton, Hamilton Co., Ohio, by 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832. Moved to Jackson Co., Missouri...

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pay the costs.
-[Seal]-
In Testimony whereof, I hereunto set my hand and affixed the seal of said court, at the city of
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
, this 8th day of May, 1844.
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...

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, Clerk. [p. 541]
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Editorial Title
Trial Report, 12–15 May 1844, as Published in Times and Seasons [F. M. Higbee v. JS–A on Habeas Corpus]
ID #
8705
Total Pages
6
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