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

  • Source Note
  • Historical Introduction
Page 8
image
I have had several times had talk with it is near two years— there was a fuss abt. s wifes Sister bef the H[igh] Council— there was a Fren[ch] W[oman] from that he had medical ass[istance] for the clap— there had been some circ when he smelt bad at[tended] him J. S. adm[inistere]d. to him but it was irksome— asstd. [assented] that it was so— he did not contradict it it was expressive to me that he assented to it— signs speak a deal to me— he prom[ise]d. to reform— he wod. do better— he wod. do so no more
I think it is 2 years it was the time of the aff[air] I had some convr. [conversation] with nr. I had a convn. with him he exp[resse]d. himself indignt. at some things he expd. his feelings that he was sorry— that he wod. live a new life— that he never wod. lift a word agst P[residen]t. Smith— he had an incl[inatio]n. to write— what he published was false— I exh[orte]d. him to go & recall what he sd.— I saw him in he promd. me by every thing sacred that he wod. come home, reform— & go & pub[lish] this doctr. [doctrine] that it was true— he sd. he had taken a course that was wrong towards to Pt. Smith. & was sorry for it—he sd. he wod. go. & study at for his charr. was ruined here— we went over from to & exhorted him the last time I con[verse]d. with him he sd. if I had taken your counsel I shod. now have been a man looked on with resp[ec]t.— he sd he was not conn[ecte]d. with the people that opp[ose]d. Pres. S. & never would— he regretd the course he had taken
I am dispd to offe a few refns. [references?] there are two prominent events set forth in the petns. why he shod. be disc[harge]d the evidence has been all to shew that the the writ itself is so defective that it has no power to hold— there is no chance of the writ ever holdig any pe[r]son— for the plainest of all reasons that a man can never be prep[are]d. for trial— no man knows what he had to plead to— in all crim[inal] pros the pros. he is bound to ment[io]n. in the writ what he is prosd. for— & can only be tried for that which is on the pap[er] itself— & when there is no charge on the petnr. [petitioner] to hold him— & if it was taken into the C. C. they wod. disch him with[ou]t. a trial— inasmuch as he is not char[ge]d. with any crime
In rel[atio]n. to the H C. in the pow[er] of the M C of this & of the Chartd pow that I wod. indulge myself pretty freely— there has been some excitemt [p. 8]
I have had several times had talk with it is near two years— there was a fuss abt. s wifes Sister bef the High Council— there was a French Woman from that he had medical assistance for the clap— there had been some circ when he smelt bad attended him J. S. administered. to him but it was irksome— asstd. [assented] that it was so— he did not contradict it it was expressive to me that he assented to it— signs speak a deal to me— he promised. to reform— he wod. do better— he wod. do so no more
I think it is 2 years it was the time of the affair I had some convr. [conversation] with nr. I had a convn. with him he expressed. himself indignt. at some things he expd. his feelings that he was sorry— that he wod. live a new life— that he never wod. lift a word agst President. Smith— he had an inclination. to write— what he published was false— I exhorted. him to go & recall what he sd.— I saw him in he promd. me by every thing sacred that he wod. come home, reform— & go & publish this doctr. doctrine that it was true— he sd. he had taken a course that was wrong towards to Pt. Smith. & was sorry for it—he sd. he wod. go. & study at for his charr. was ruined here— we went over from to & exhorted him the last time I conversed. with him he sd. if I had taken your counsel I shod. now have been a man looked on with respect.— he sd he was not connected. with the people that opposed. Pres. S. & never would— he regretd the course he had taken
I am dispd to offe a few refns. [references] there are two prominent events set forth in the petns. why he shod. be discharged the evidence has been all to shew that the the writ itself is so defective that it has no power to hold— there is no chance of the writ ever holdig any person— for the plainest of all reasons that a man can never be prepared. for trial— no man knows what he had to plead to— in all criminal pros the pros. is bound to mention. in the writ what he is prosd. for— & can only be tried for that which is on the paper itself— & when there is no charge on the petnr. petitioner to hold him— & if it was taken into the C. C. they wod. disch him without. a trial— inasmuch as he is not charged. with any crime
In relation. to the H C. in the power of the M C of this & of the Chartd pow that I wod. indulge myself pretty freely— there has been some excitemt [p. 8]
Page 8