Trial Report Draft, 12 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus]

  • Source Note
  • Historical Introduction

Document Transcript

Municipal Court. City of , Illinois.—
Third day. May, <​Regular​> Term, May 8th. 1844
Before Alderman , Acting Chief Justice; and Alderman <​Aldermen​> , , , , and , Associate Justices, Presiding,
Ex-parte Joseph Smith Sen) Messrs. and .—
On Habeus Corpus) Counsel for Smith—
(See notice to & return thereon)— did not appear, before the Cout)
This case came before the Court. upon a return to a writ of Habeus Corpus, which was issued by this court on the 6th of May instant upon petition of Josepseph Smith Sen. as follows:
State of Illinois) Sc[ilice]t
City of )
To the honorable &c (see petition)
(See writ <​of Habeus Copes)​> & return) (See copy of the writ. )
(<​this was crosed th[r]ough mistake— insert it.​>) See Notice to & return) did not appear. either by himself or counsel.—
(See openi[n]g of the case by Esqr & Gen Smith— & the Testimony which you have in your possession)
(See the pleas of Esqr & Mr Smith:—
After hearing the foregoing Evidnce in support of said petition. It is ordered conside[re]d & ordered by the court, <​First​> that the said Joseph Smith Senior be dischargd from the said arrest. and imprisonment complaind of in said petition, on the illegality of the writ, upon which he was arrested as well as upon the merits of the Case. and that he go hence without day: Secondly, ’s character having been so fully shown, as infamous befo <​before the court​> as infamous, The Court are convinced [p. [1]] that this suit was instituted through malice. private pique & corruption, <​which​> and ought not to be countenanced, & it is orderd by the court that said pay the costs of court.
In Testimny wherof I have herunto set my hand <​& affixed said​> & seal of cout at the City of this 8th day of May 1844
Two of Mr Smiths most important witnesses being out of the on during the <​the day of​> Trial, we subjoin their affidavit which are as follows
(Se[e] affidavits & s)
May 8 1844
For the Neighbor
Joseph Smith on Habeus Corpus.
17 ½ <​17.50​>
18.75 [p. [2]]


  1. new scribe logo

    Notation in handwriting of Thomas Bullock.  

  2. new scribe logo

    Docket and notation in handwriting of Willard Richards.