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

  • Source Note
  • Historical Introduction
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Municipal Court
Wednesday May 8th. 1844
was elected President of the Court—
, Clerk, said that this was an ad[j]ourned Session of May Term, and then read the Writ of for the body of Joseph Smith, who was then in the Custody of at the instance of , and also the other papers in the matter—
Mr. then said that the Petition and Papers have been read in your hearing. it is a petition for an Habeas Corpus on the grounds 1st. The insufficiency of the writ, and other causes are assigned— the insufficiency <​of the​> Writ is sufficient to discharge the , it is the privilege and option of this Court if the writ is invalid— it is the privilege of the to have all the matters investigated in order to prove that the prosecutor is joined in with other persons in a conspiracy to take away Mr. Smith’s life. altho’ it is competent for the Court to discharge on account of insufficiency of the writ yet we want an examination into the matters in order that all may be understood— all warrants should disclose the crimes known to the Court, so that the might know what answer to make— the might have had to lie in jail six months, because he knows nothing what he is charged with in the writ— it might be that he is charged with debt— that he had to pay to a sum of $500. or anything, there is no action specified— is it meant for trespass, for mal treating, beating, or slander or what other crime, so that the damage of $5,000 might be known for what it is. the writ is void for want of substance and form— all who are familiar with law— common sense, or justice, must know that it is indefinite— no charge defined. if we are not released here, we shall be released in the Circuit Court on account of the insufficiency of the writ— but we do not want it on account of the insuffiency, but we want are now willing to investigate the merits of the case— We know nothing but from information from other sources, and we want this Court to determine whether we are held to any charge to — we have given him notice to attend here, if he have any cause to keep him here, I propose to bring in the testimony of the . he has averred certain facts— he is ready to make Oath of it if your honors require it— there is no ordinance against the taking his Oath— it is within the province [p. [1]]
Municipal Court
Wednesday May 8th. 1844
was elected President of the Court—
, Clerk, said that this was an adjourned Session of May Term, and then read the Writ of for the body of Joseph Smith, who was then in the Custody of at the instance of , and also the other papers in the matter—
Mr. then said that the Petition and Papers have been read in your hearing. it is a petition for an Habeas Corpus on the grounds 1st. The insufficiency of the writ, and other causes are assigned— the insufficiency of the Writ is sufficient to discharge the , it is the privilege and option of this Court if the writ is invalid— it is the privilege of the to have all the matters investigated in order to prove that the prosecutor is joined in with other persons in a conspiracy to take away Mr. Smith’s life. altho’ it is competent for the Court to discharge on account of insufficiency of the writ yet we want an examination into the matters in order that all may be understood— all warrants should disclose the crimes known to the Court, so that the might know what answer to make— the might have had to lie in jail six months, because he knows nothing what he is charged with in the writ— it might be that he is charged with debt— that he had to pay to a sum of $500. or anything, there is no action specified— is it meant for trespass, for mal treating, beating, or slander or what other crime, so that the damage of $5,000 might be known for what it is. the writ is void for want of substance and form— all who are familiar with law— common sense, or justice, must know that it is indefinite— no charge defined. if we are not released here, we shall be released in the Circuit Court on account of the insufficiency of the writ— we do not want it on account of the insuffiency, but we are now willing to investigate the merits of the case— We know nothing but from information from other sources, and we want this Court to determine whether we are held to any charge to — we have given him notice to attend here, if he have any cause to keep him here, I propose to bring in the testimony of the . he has averred certain facts— he is ready to make Oath of it if your honors require it— there is no ordinance against the taking his Oath— it is within the province [p. [1]]
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