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

Page 541
image
wards saw him in , 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 , for his character was ruined here. When we were in , we went over to , 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 . Secondly, ’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 pay the costs.
-[Seal]-
In Testimony whereof, I hereunto set my hand and affixed the seal of said court, at the city of , this 8th day of May, 1844.
, Clerk. [p. 541]
wards saw him in , 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 , for his character was ruined here. When we were in , we went over to , 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 . Secondly, ’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 pay the costs.
-[Seal]-
In Testimony whereof, I hereunto set my hand and affixed the seal of said court, at the city of , this 8th day of May, 1844.
, Clerk. [p. 541]
Page 541