| 536 one at Burks Garden, Tazwell county Va., 17th and 18th days of August next.
MUNICIPAL COURT.
City of Nauvoo, Illinois,}
Third day, Regular Term, May 8, 1844}
Before Alderman N. K. Whitney, acting chief justice; and Aldermen Daniel H. Wells, William Marks, Orson Spencer, George W. Harris, Gustavus Hills, George A. Smith and Samuel Bennet, associate justices, presiding.
Ex-Parte, }Messrs. Siles & Rigdon,
Joseph Smith, Sen. }
On Habeas Corpus. } Counsel for Smith.
This case came before the court upon a return to a writ of habeas corpus, which was issued by this court on the 6th of May, instant, upon petition of Joseph Smith, Sen. as follows:
STATE OF ILLINOIS,}
City of Nauvoo. }Sct
To the Honorable Municipul [municipal] Court in and for the city of Nauvoo:-
The undersigned, your petitioner, most respectfully represents that he is an inhabitant of the said city; your petitioner further represents that he is under arrest in said city, and is now in the custody of one John D. Parker, deputy sheriff of the county of Hancock, and the state of Illinois; that the said Parker holds your petitioner by virtue of a writ of "capias ad respondendom," issued by the clerk of the circuit court, of the county of Hancock, and the state of Illinois, at the instance of one Francis M. Higbee, of said county, requiring your petitioner to answer the said Francis M. Higbee, "of a plea of the case," damage five thousand dollars; your petitioner further represents that the proceedings against him are illegal; that the said warrant of arrest is unformal, and not of that character which the law recognises [recognizes] as valid, that the said writ is wanting and deficient in the plea therein contained; that the charge or complaint which your petitioner is therein required to answer, is not known to the law.
Your petitioner further avers that the said writ does not disclose in any way or manner whatever, any cause of action, which matter your petitioner most respectfully submits for your consideration; together with a copy of the said warrant of arrest which is hereunto attached.
Your petitioner further states that this proceeding has been instituted against him without any just or legal cause; and further that the said Francis M. Higbee, is actuated by no other motive than a desire to persecute and harass your petitioner, for the base purpose of gratifying feelings of revenge, which, without any cause, the said Francis M. Higbee has for a long time been fostering and cherishing.
Your petitioner further states that he is not guilty of the charge preferred against him, or of any act against him, by which the said Francis M. Higbee could have any charge, claim or demand, whatever against your petitioner.
Your petitioner further states, that he verily believes that another object the said F. M. Higbee had in instituting the proceeding, was, and is, to throw your petitioner into the hands of his enemies, that he might the better carry out a conspiracy which has for some time been brewing against the life of your petitioner.
Your petitioner further states that the suit which has been instituted against him has been instituted through malice, private pique, and corruption.
Your petitioner would therefore most respectfully ask your honorable body, to grant him the benefit of the writ of habeas corpus, that the whole matter may be thoroughly investigated, and such order made, as the law and justice demands in the same premises, and your petitioner will ever pray.
JOSEPH SMITH, Sen.
Nauvoo May, 6, 1844.
State of Illinois, }
City of Nauvoo }Sct'
The people of the state of Illinois:
To the Marshal of said city:...... GREETING.
Whereas, application has been made before the Municipal court of said city, that the body of one Joseph Smith, Senior, of the said city of Nauvoo, is in the custody of John D. Barker, Deputy sheriff of Hancock county, state aforesaid:
These are therefore to command the said John D. Parker, of the county aforesaid, to safely have the body of said Joseph Smith, Senior, of the city aforesaid, in his custody detained, as it is said, together with the day and cause of his caption and detention, by whatsoever name the said Joseph Smith, Senior may be known or called before the Municipal court, of said city forthwith, to abide such order as the said court shall make in this behalf, and further, if the said John D. Parker, or other person or persons, having said Joseph Smith, Senior, of said city of Nauvoo, in custody, shall refuse or neglect to comply with the provisions of this writ, you the marshall of said city, or other person, authorized to serve the same, are hereby required to arrest the person or persons refusing or neglecting to comply as aforesaid, and bring him or them together with the person or persons in his or their custody, forthwith before the Municipal court, aforesaid, to be dealt with according to law; and herein fail not and bring this writ with you.
Witness, Willard Richards, Clerk of the municipal
(page 536) |
