Affidavit, 1 May 1844 [F. M. Higbee v. JS–A]

  • Source Note
  • Historical Introduction

Document Transcript

Circuit Court
May Term 1844.
vs) Case
Joseph Smith) Damages $5000.00
The pltff being duly sworn says that on or about the 5th day of January 1844 at the county of Illinois And on divers other days and times with in one year last past at public meetings and geatherings and public places And in the hearing of multitudes of people intending and contriving to injure damage and defame this did wrongfully and falsley utter and publish of and concerning this in substance among other things the following false and scandelous words to wit: that this was a thief that this had stolen mony in the state of <​;​> that this was a whoremaster; that this was diseased; that this at one time, when called in by the said Smith was so diseased and rotten with disease and so stunk that said Smith could not come near this ’s bed; that this had lied and sworn false; and that this was a murderer;— thereby meaning that this was guilty of felonious stealing; that this was sickened and rotten with a venerial disease<​:​> that this was guilty of felonious perjury, and that this was guilty of felonious murder and an infamous character, Whereby this hath sustained damage to a large sum to wit the sum of five thousand dollars (5000,00$) and whereby this now is (and by reason of said words) and for a long time heretofore hath been in danger of crimnal prosecutions and whereby this hath been abused and discarded by many persons by and put to great trouble, pain of mind and loss and hath been in danger of losing his life, all of which has arisen from said false words, owing to the great [p. [1]] influence of the said Smith over the minds of the people of this , and this says that the said damage will be in danger of being lost and that the benefit of whatever judgement may be obtained for the speaking of said fals words will be in danger unless the said Joseph Smith be held to bail, this therefore prays a against the said defendant and that he be held to bail, in the said sum of $5000,00
Sworn to and subscribed before me this first day of May AD 1844.
clk)
By Depy) [2/3 page blank] [p. [2]]
[page [3] blank] [p. [3]]
vs) aff[idavi]t.
Joseph Smith
 
Filed May 1st. 1844
Clk [p. [4]]

Footnotes

  1. new scribe logo

    Onias Skinner handwriting begins.  

  2. new scribe logo

    Onias Skinner handwriting ends; Francis M. Higbee begins.  

  3. new scribe logo

    Signature block in handwriting of David E. Head.  

  4. new scribe logo

    Docket and notation in handwriting of David E. Head.