Account of Trial, 26 April 1844 [City of Nauvoo v. C. L. Higbee et al.]
Account of Trial, , Hancock Co., IL, 26 Apr. 1844, City of Nauvoo v. C. L. Higbee et al. (Nauvoo, IL, Mayor’s Court 1844); in JS, Journal, 1842–1844, Book 4, pp. –; handwriting of ; JS Collection, CHL.
. drew a pistol— . intefed [interfered]—— . & — said th[e]y would be God damnd. if th[e]y would not shoot. the mayor— breathed out many hard threatnig [threatening] and menacing sayings— would consider favord of God— for the privilege of shooting. or ridding the world of such a Tyr[a]nt. refrrig [referring] to the Mayor——
. swo[r]n.— confirmed the foregoing stateme[n]ts fined . . & fin[e]d $500 $100. each— appealed. to Municipal court.——
Issued a warrant for . on compla[i]nt of for breach of ordinance— in that , said to said . “You. shaking his fists in his face— are another Damned black hearted villain. You tried to seduce my wife on the boat when she was going to .— and I can prove it. and the oath is out again[s]t you.—[”] Jos Smith. .— — .——
(Harding said gave a writing to concering s statemet about Joseph &c— charig him with crime) [p. ]
An account published in the Nauvoo Neighbor clarifies this incident. After arresting Augustine Spencer for assaulting his brother Orson, Nauvoo marshal John P. Greene attempted to take Augustine to JS’s office. Spencer resisted, and Greene called upon Robert D. Foster, Charles Foster, and Chauncey L. Higbee for assistance. The three men refused, saying “they would see the mayor and the city d——d, and then they would not.” After Greene succeeded in getting Spencer to JS’s office, JS ordered that Higbee and the Fosters be arrested “for refusing to assist the officer when called upon.” When Higbee and the Fosters resisted arrest, JS came to the arresting officers’ aid, at which point Charles Foster drew a double-barreled pistol on JS. The gun was “instantly wrenched from his grasp,” and the three men were taken into custody. (“Outrages,” Nauvoo Neighbor, 1 May 1844, .)
The municipal court called for Augustine Spencer’s, Higbee’s, and the Fosters’ appeals to be heard at its 3 June 1844 session. None of the four men attended the session, however, and the court dismissed the appeals “for want of prosecution.” (JS, Journal, 3 June 1844; Nauvoo Municipal Court Docket Book, 103–106.)
Nauvoo Municipal Court Docket Book / Nauvoo, IL, Municipal Court. “Docket of the Municipal Court of the City of Nauvoo,” ca. 1843–1845. In Historian's Office, Historical Record Book, 1843–1874, pp. 51–150 and pp. 1–19 (second numbering). CHL. MS 3434.
Probably “An Ordinance Concerning Vagrants and Disorderly Persons,” which provided penalties against “persons guilty of Profane or indecent language, or behaviour.” Foster’s trial began the following day. (Nauvoo City Council Minute Book, 13 Nov. 1841, 31; JS, Journal, 27 Apr. 1844.)
Nauvoo City Council Minute Book / Nauvoo City Council. “A Record of the Proceedings of the City Council of the City of Nauvoo Handcock County, State of Illinois, Commencing A.D. 1841,” ca. 1841–1845. CHL. MS 3435.