Petition to Nauvoo Municipal Court, 6 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus]

  • Source Note
  • Historical Introduction

Document Transcript

State of Illinois)
City of )
To the Honorable Municipal 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 Sherriff of the County of & State of — that the Said holds your Petitioner by virtue of a Writ or “” Issued by the of the Circuit Court of the County of in the State of at the instance of one of Said requiring your Petitioner to answer the Said “of a Plea of the Case” Damage five Thousand Dollars—
Your Petitioner further represents that the procedings against your Petitioner him are Illegal— that the Said Warrant of Arrest is informal, and not of that character which the Law recognises as valid, that the Said Writ is Wanting and Deficient in the pleas therein contained that the charge or complaint which your Petitioner is therein contained required to answer is not of that of known to the Law—
Your Petitioner further avers that the [p. [1]] Said Writ does not Disclose or <​in​> any Way or Manner any Whatever the <​any​> Cause of Action Which Matter your Petitioner most Respectfuly Submits for your Consideration— That Said 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 any <​the​> Charge prefered against him or of any act against him by which the Said could have any charge claim or demand whatever against Your Petitioner—
Your Petitioner 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 the a conspiracy which has for Sometime [p. [2]] been brewing a against the Life of Your Petitioner—
Your Petitioner further States that the Suit which has been instituted against him has been done <​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 that the whole matter may be thorougly investigated, and Such order made a[s] the Law and Justice demand in the premises And your Petitioner <​will​> iver pray
May 6. 1844
Joseph Smith, Senr. [1/2 page blank] [p. [3]]
Petition of J. Smith sr for writ of
Filed May 6. 1844 [p. [4]]

Footnotes

  1. new scribe logo

    Handwriting of George Stiles begins.  

  2. new scribe logo

    Handwriting of George Stiles ends; Willard Richards begins.  

  3. new scribe logo

    Docket and notation in handwriting of Willard Richards.