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

  • Source Note
  • Historical Introduction
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crime of adultery or any other crime, and know verily for myself that the man is guilty of adultery or other crime, and I speak of it, the man may sue me for damages, altho’ I know the man to be guilty of adultery or crime, but if I swear to it in a court he can not hurt me at all— If I have the privilege of giving testimony under oath, they can never do any thing with me, but if you discharge me on the insufficiency of the writ— they can prosecute me again and again, but if you give me a fair hearing they cannot prosecute me again, I want that the Oath may go to the world. I must make statements of facts in order to defend myself— I must tell the Story in its true light, and then I am ready to swear to it, then I can be for ever set free, may I not have the privilege of being protected by law? the peace of myself, my family, my happiness, and the happiness of this city depend upon it—
The Court allowed him to proceed with the case—
, <​said​> this is a malicious prosecution, and we have averred that it is malicious and have a right to prove it. there is an insufficiency in the writ, the writ did not shew any crime had been committed, and we can shew that we are not guilty of any plea in the case. there is no charge, or case against us, the whole matter is corrupt and malicious and wicked—
Joseph Smith, and then solemnly swore to tell the truth &c [1/2 page blank] [p. 3]
crime of adultery or any other crime, and know verily for myself that the man is guilty of adultery or other crime, and I speak of it, the man may sue me for damages, altho’ I know the man to be guilty , but if I swear to it in a court he can not hurt me at all— If I have the privilege of giving testimony under oath, they can never do any thing with me, but if you discharge me on the insufficiency of the writ— they can prosecute me again and again, but if you give me a fair hearing they cannot prosecute me again, I want that the Oath may go to the world. I must make statements of facts in order to defend myself— I must tell the Story in its true light, and then I am ready to swear to it, then I can be for ever set free, may I not have the privilege of being protected by law? the peace of myself, my family, my happiness, and the happiness of this city depend upon it—
The Court allowed him to proceed with the case—
, said this is a malicious prosecution, and we have averred that it is malicious and have a right to prove it. there is an insufficiency in the writ, the writ did not shew any crime had been committed, and we can shew that we are not guilty of any plea in the case. there is no charge, or case against us, the whole matter is corrupt and malicious and wicked—
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