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

  • Source Note
  • Historical Introduction
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Municipal Court
Wednesday May 8th. 1844.
Alderman was elected President of the court
said this was an adjourned Session of May Term— who <​and​> read the Writ of Habeas Corpus for the body of Joseph Smith who was in Custody of at the instance of and also the other papers in the matter—
the pet[ition] & pap[ers] have been read in your hear[in]g.— it is a petn. for H. C.— <​1st​> the insufficiencey of the writ & other causes are ass[igne]d.— the insuff[icien]t. writ is sufft. to disch[arge] the pris[oner] it is the priv[ilege] & option of this court that if the writ is invalid— it is the priv. of the pris. to have all the matters investigated so that the & other persons who are in a consp[irac]y. to take his life— altho it is compet[en]t. for the C[our]t. to dischg. on acc[oun]t. of insuffy. of the writ yet we want an ex[aminatio]n. of the matters so that all may be understood— all warr[an]ts. sho[ul]d. disclose all crimes known to the Court so that the pris. may know what ans[we]r. to make— the pris. mi[gh]t. have had to lie in jail 6 mo. bec. he knows nothing what he is charged with in the writ, that he had <​to​> pay to a sum of 5,000 or anything there is no act[io]n. spec[ifie]d. is it meant for tresspass mall treating [maltreating] beating slander or to any crime so that the damage of 5000 might be kn[ow]n. for what— the writ is void for want of sub[stance] & form— all who are fam[iliar] with law commonsence or justice must know that it is indefinite no charge defined— if it is not rel[ease]d. here we shall be reld. in the circuit court on acct. of the insuffy. of the writ— we are now willing to investigate the merits of the case— we know nothing but from inf[ormatio]n. for other sources & we want this court to determine whey. [whether] we held to any charge to — we have given him notice to att[en]d. here if he have any cause to keep him here— I prop[ose] to bring in the test[imony] of the pris. he is the pris. he has averred certain facts— he is ready to make oath if your honors require it there is no ordinance ag[ain]st the pris. giv[in]g. his oath— it is the province of the court to do so it is the privilege of the court in any case to hear the in any cause— law is founded on justice— there can no iniquity rise from any thing in this matter [p. 1]
Municipal Court
Wednesday May 8th. 1844.
Alderman was elected President of the court
said this was an adjourned Session of May Term— and read the Writ of Habeas Corpus for the body of Joseph Smith who was in Custody of at the instance of and also the other papers in the matter—
the petition & papers have been read in your hearing.— it is a petn. for H. C.— 1st the insufficiencey of the writ & other causes are assigned.— the insufficient. writ is sufft. to discharge the prisoner it is the privilege & option of this court that if the writ is invalid— it is the priv. of the pris. to have all the matters investigated so that the & other persons who are in a conspiracy. to take his life— altho it is competent. for the Court. to dischg. on account. of insuffy. of the writ yet we want an examination. of the matters so that all may be understood— all warrants. should. disclose all crimes known to the Court so that the pris. may know what answer. to make— the pris. might. have had to lie in jail 6 mo. bec. he knows nothing what he is charged with in the writ, that he had to pay to a sum of 5,000 or anything there is no action. specified. is it meant for tresspass mall treating [maltreating] beating slander or to any crime so that the damage of 5000 might be known. for what— the writ is void for want of substance & form— all who are familiar with law commonsence or justice must know that it is indefinite no charge defined— if it is not released. here we shall be reld. in the circuit court on acct. of the insuffy. of the writ— we are now willing to investigate the merits of the case— we know nothing but from information. for other sources & we want this court to determine whey. [whether] we 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 pris. he is the pris. he has averred certain facts— he is ready to make oath if your honors require it there is no ordinance against the pris. giving. his oath— it is the province of the court to do so it is the privilege of the court in any case to hear the in any cause— law is founded on justice— there can no iniquity rise from any thing in this matter [p. 1]
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