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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]

Account of Hearing, 8 May 1844, Copy [F. M. Higbee v. JS–A on Habeas Corpus]

Source Note

Account of Hearing, [
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
, Hancock Co., IL], 8 May 1844, F. M. Higbee v. JS–A on Habeas Corpus (Nauvoo, IL, Municipal Court 1844). Copied [10] May 1844; handwriting of
Thomas Bullock

23 Dec. 1816–10 Feb. 1885. Farmer, excise officer, secretary, clerk. Born in Leek, Staffordshire, England. Son of Thomas Bullock and Mary Hall. Married Henrietta Rushton, 25 June 1838. Moved to Ardee, Co. Louth, Ireland, Nov. 1839; to Isle of Anglesey, Aug...

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; docket and notation by
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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, [
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
, Hancock Co., IL], [ca. 10] May 1844; eleven pages; Nauvoo, IL, Records, CHL.

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. Minutes, 6–8 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 ] 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 ] History, 1838–1856, volume F-1 [1 May 1844–8 August 1844] “History of Joseph Smith”

Page 9

Municipal Court Adjd. meetg.
Mr. [Cyrus] Wheelock

28 Feb. 1813–11 Oct. 1894. Steamboat captain, farmer, lawyer, minister. Born in Henderson, Jefferson Co., New York. Son of Asa Wheelock and Lucy Hibbard. Lived in Ellisburg, Jefferson Co., 1820. Moved to Lyme, Jefferson Co., by 1830. Married Olive Parrish...

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sworn— with regard to this case I know nothing— but through a circumstance occurring at
Nashville

Settled by Isaac Galland, 1829. Undeveloped town site purchased by Church of Jesus Christ of Latter-day Saints, 1839. Laid out and incorporated, 1841, but charter never adopted. Featured one of nine branches within Iowa Stake (later Zarahemla Stake). Branch...

More Info
—
Elder Blakesly [James Blakeslee]

18 July 1802–18 Dec. 1866. Born in Milton, Chittenden Co., Vermont. Married Louisiana Edmunds, ca. 1824. Resident of Ellisburg, Jefferson Co., New York, by 1830. Baptized into Church of Jesus Christ of Latter-day Saints by David W. Patten, 19 July 1833, in...

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came to my house to preach— he preached and was upholding the authorities of the Church very much— he came over here and apostatized the same day— I then came over and went to see him— I asked him <​why​>

Insertion in handwriting of John Taylor.


how he <​had​>

Insertion in handwriting of John Taylor.


changed his mind so quick?— he said he had seen affidavits of the guilt of Mr. Smith— he told me
Mr. 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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was going about to the different conferences. I told him I thought he had better send some one else, his conduct was not the best and I knew of circumstances that were not right— Once I was a mate on a Steam Boat, and
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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was Clerk— we had not much Cabin— we had some females on board— I and another had given up our room to some ladies for the night— it was my Watch, and I went into the Cabin for my Buffalo Robe, about one oclock in the night— when I saw him leaning over the Berth where one of the ladies slept— this was in the night— and he had no business there— no Gentleman had any right there— I gave up my Berth to the ladies— I felt indignant at such conduct— his conduct towards the Lady passengers was unbecoming— and particularly in one who professes so much virtue as he now does—
Joel S. Miles

25 Oct. 1816–in/after 1862. Constable, carpenter, justice of the peace. Born in Rutland Co., Vermont. Son of Samuel Miles and Sarah Simonds. Moved to Freedom, Cattaraugus Co., New York, ca. 1830. Baptized into Church of Jesus Christ of Latter-day Saints by...

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sworn— I have seen
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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go into rooms with females, but what their intentions were I did not know, I might have seen him two or three times— I think he has done that which is not right, I should judge from conversations with him, that was the case, I presume he has, a good many times— I might recollect 20 tines— he has frequently told me things of that kind— it is a private case to be sure— he has told me, that he had commenced an action against Joseph Smith for slander— I met
Francis

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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today, I asked him about the fuss, when he said he had got Mr. Smith up for slander— he said he should not come here— but did not say why, I recollect the time that he was sick, when
Dr. Bennett

3 Aug. 1804–5 Aug. 1867. Physician, minister, poultry breeder. Born at Fairhaven, Bristol Co., Massachusetts. Son of John Bennett and Abigail Cook. Moved to Marietta, Washington Co., Ohio, 1808; to Massachusetts, 1812; and back to Marietta, 1822. Married ...

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attended him, I went to see him nearly every day, I understood
Mr. 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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to say that he was prosecuting Mr. Smith for slander— that he was up before the Municipal Court— he told me he supposed I was wanted to prove that he was a thief, whoremaster, and every thing else— [p. 9]
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Source Note

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Page 9

Document Information

Related Case Documents
Editorial Title
Account of Hearing, 8 May 1844, Copy [F. M. Higbee v. JS–A on Habeas Corpus]
ID #
8496
Total Pages
14
Print Volume Location
Handwriting on This Page
  • Thomas Bullock
  • John Taylor

Footnotes

  1. new scribe logo

    Insertion in handwriting of John Taylor.

  2. new scribe logo

    Insertion in handwriting of John Taylor.

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