Trial Report Draft, 12 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus]

  • Source Note
  • Historical Introduction
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Municipal Court. City of , Illinois.—
Third day. May, <​Regular​> Term, May 8th. 1844
Before Alderman , Acting Chief Justice; and Alderman <​Aldermen​> , , , , and , Associate Justices, Presiding,
Ex-parte Joseph Smith Sen) Messrs. and .—
On Habeus Corpus) Counsel for Smith—
(See notice to & return thereon)— did not appear, before the Cout)
This case came before the Court. upon a return to a writ of Habeus Corpus, which was issued by this court on the 6th of May instant upon petition of Josepseph Smith Sen. as follows:
State of Illinois) Sc[ilice]t
City of )
To the honorable &c (see petition)
(See writ <​of Habeus Copes)​> & return) (See copy of the writ. )
(<​this was crosed th[r]ough mistake— insert it.​>) See Notice to & return) did not appear. either by himself or counsel.—
(See openi[n]g of the case by Esqr & Gen Smith— & the Testimony which you have in your possession)
(See the pleas of Esqr & Mr Smith:—
After hearing the foregoing Evidnce in support of said petition. It is ordered conside[re]d & ordered by the court, <​First​> that the said Joseph Smith Senior be dischargd from the said arrest. and imprisonment complaind of in said petition, on the illegality of the writ, upon which he was arrested as well as upon the merits of the Case. and that he go hence without day: Secondly, ’s character having been so fully shown, as infamous befo <​before the court​> as infamous, The Court are convinced [p. [1]]
Municipal Court. City of , Illinois.—
Third day. Regular Term, May 8th. 1844
Before Alderman , Acting Chief Justice; and Aldermen , , , , and , Associate Justices, Presiding,
Ex-parte Joseph Smith Sen) Messrs. and .—
On Habeus Corpus) Counsel for Smith—
( )— ,
This case came before the Court. upon a return to a writ of Habeus Corpus, which was issued by this court on the 6th of May instant upon petition of Josepseph Smith Sen. as follows:
State of Illinois) Scilicet
City of )
To the honorable &c (see petition)
(See writ of Habeus Copes) & return) (See )
(this was crosed through mistake— insert it.)
(See opening of the case by & Gen Smith— & the Testimony which you have in your possession)
(See the pleas of & Mr Smith:—
After hearing the foregoing Evidnce in support of said petition. It is considered & ordered by the court, First that the said Joseph Smith Senior be dischargd from the said arrest. and imprisonment complaind of in said petition, on the illegality of the writ, upon which he was arrested as well as upon the merits of the Case. and that he go hence without day: Secondly, ’s character having been so fully shown, before the court as infamous, The Court are convinced [p. [1]]
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