Minutes, 6–8 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus]

Document Transcript

May Term
Municipal Court
May term— Monday May 6th 1844
Prest. J. Smith Chi[e]f Justice
adjornd until Tusdy. 7th ist. [instant] 10 AM.
Tusday <​7​>— 10:<​oclock​> A M.
Presnt. .
Adjrnd until tuesday, M[a]y. 8, 1844
10— A M Notice has been served on the original complaint
Complaint <​Petition​>— of Joseph Smith
Writ of Habus Corpus— & retrn—
Copy— & return
Originl writ caus of capti[o]n & detenti[o]n
Notice to
adjornd <​term​> <​of​> May 8th. 1844— 10 AM.—
.— was elected.— Prest. Pro tem.— Paper . . . Alderm[e]n & took thir seats.— Pleas of Peti[ti]oner.— writ illegal.— would pass. the— errors of writ & go to trial. complaint did not appear— suppored [supported?] the Merits of the case— herein given notic to— — Esq— wanted to know what the testim[on]y is to be about.—
—Petitioner wished the privilege of showing the Cou[r]t that — in in conspiracy with othe[r]s agist [against] the life & peace of Petioner [p. [1]] There is merits in the case— & the c[o]urt has jurisdictin to punish the or refer him for trial the same as you wo[u]ld have agist me—— Plead his right to oral testimy, or affidavit.— refered to Blacksotn [Blackstone] that a man on Habus Corpus has a right to state all his grevnces & swear to him himself.—
Cout decidd the Petitioner had a right to his oath— Suppena issud— for , ,— .
Counesoll sead he could make it appe[a]r the case was corrupt
Joseph Smith sen. .— & were Sworn.—
Joseph Smith testified—— referd to s trial 5th Janury 1844.—— sitted if Joseph— did not Hatch up difficulty.—— have not said any thing disresp[ec]tful.——
Some time ago befor lift — went to see Lay ha[n]d on him stunk bad—— wanted to know. wh[a]t aild said he was nearly ded with the Pox.— how came he so— some time ago French Lady— came up from — got the disease.—— prayed & conselld— got better. acknowledgd— &— said he had been with other women.— could not keep him away would die with it.— riding after this uptown said was told by— —— a spot, where he had seducd many <​them​> &c—— acknowledg to but, he had lied about them.— , & both swore false to blind the eyes of the family.— to injury of Complaint Petitioner.— [p. 2]
acknowledged, & befor , &c.— settld.— after. <​​> told ma[n]y bad thi[n]gs.—— I prfird [preferred] cha[r]ges vs . confessd befor 60 or 70 men. he confessd & begged they would not Kill him.— Persecuti[n]g me with[o]ut cause.— because they were corrupt.— what he wants to entramal [entrammel] me befor C. Cout [circuit court], make me pay heavy damages before Court.— swore he would shoot me. & ,—— & run all round the get Pistol to kill me—
I see steal a raw hide, & steal several times.— saw him feel of a womans bosom in a stage & feel of her backsides— I knew him to be as Malice. adulter, vicious charactirs—— concerned in this conspiracy.— Joseph closed.
testified.— — at the time spoke of— in fr[o]nt of Laws store.— went back back door— & withdrew, stating it is all true. acknowledge it all— would withdraw—— related circumstances.— if he could be permitted to stay in the as private citizen should be happy.— 4th July. 2 ye[a]rs since.——
heard state that these facts Joseph— stated were true.— in r[e]lation to &c.—
. said he was entirely unacqu[ain]ted with much of the facts statd.— was sick at the time.— statd Joseph came to me with compl[a]int vs & .— gave affidavit—— went to see Friday or Saturday last week— steam boat going to .— [p. 3]
had no chara[c]ter. in . was the reason why he took the course he did.—— <​for opposing Mr Smith​> becaus[e]. he had no char[ac]ter.—
sworn.— made acknowledg[m]ent before Lodge . made confession— In & at some time acknowledged— it was true— &— understood at the time was engaged with .— guilty of all the cha[r]ges guilty of all the charges sed[uc]ing some 6 7 or 8.— females— knew the chages were true.— and had been sorry 1000 time.—— Many things were chargd agist — who denied nothing.— was sorry— &c— said I told I did seuduce the girls but I did not do it.—— Charges alledegd befor the High Council under oath— vs. acknowledgd— as true being connected with .
— contin[ue]d. Dr I alldged— vs . leadi[n]g yung men &c— of his sickness.— acknowldgd— he had alledged
sworn— said— that he recollectd acknowledgd— that he was guilty of the chages— Joseph cha[r]ged him w
30 minutes past 12 adjord [adjourned] till 2 P. M.
2. P. M. court in session.—
sworn.— preachd at — week last Sunday—— extolld the Laws of the chu[r]ch very highly.—— herd he had apostatizd— on Mondy— sev[er]al on to &c at Laws.— said affidavits had been filed.—— was going out to carry affidavits— was mate on bord boat Nau[v]oo — a clerk—— his common depotmnt.— went in often .— went in abot one o clock at night— saw leaning over a birth [berth].— in the night. no busness there. givn up to ladis.—— [p. 4]
May 6. 10. A M
Municpal cout adjrond till 10 A. M 7 inst
5th page
— Sworn— <​opinion​> had done that which was not write Should judge from conversation. prevus he had told me of his Lewd acts.— has freqntly told me of such things— of that kind, told me it <​he​> had institutd a suit for slander—— said he was not coming down.——
.—— not quite 2 years since. ther was a fuss.—— Some woman from he cohabited with & got the clap he beleived.—— . had attnd— you adminted to him as a friend did not contradict.— it was experience to him that did give his assentt to what Joseph said.— prmised to reform
— 2 years thins [this] season— had conve[r]sation with near M Ferris.— in a peace he had published— took such a course. had becme indignent at some things expressd his feeligs as though he was sorry for what he had done & would try to do better—— appered to fear if he published contradiction to what he had written &c would be upon it.— promisd to reform from his former course. &c & wept—— had taken a course he was sorry for & nothng vs Joseph— was going to to study. & his char[a]cter was ruined.—
Witness to prove a conspiracy cannot be had.— &
spoke— hes done it for some other objct than for a trial— writ defective could not be prepared for trial.— Submitted the cert,——
Petitioner said he had proved His statement adultery visius [viscious] charcters— of bad principles.—— made not their statmts till. he had risen up to injur my family [p. 5]
Privilege of Habeus corpus belongs to all magist[r]ate — Constitution— U.S . . . only they [illegible] of [2 words illegible]
Convitin [conviction?] ough[t] to Cout for 2 reasns
Illegality of writ— "
Malice to perscute. pay cost suit. His char[ac]ter being so fully shown as infam[o]us satisfi[e]s as a motive. & ought not to be contenced [countenanced]
Court decided that Petitioner .— fist fir[s]t on the illegality of the writ. 2dly— s characters having been so fully shown— before the as infamous. the the court are convincd the suit was instituetd through Malice, & ought not to be countenancd & that said pay the cost [p. 6]