| 541 saw him in Cincinnatti [Cincinnati], when he promised by every thing sacred that he would come home, reform, and then go and publish this doctrine, for it was true; he said he had taken a course that was wrong towards President Smith, and was sorry for it. He said he would study at Cincinnatti [Cincinnati], for his character was ruined here. When we were in Quincy, we went over to Missouri, and exhorted him to alter his conduct. The last time I conversed with him, he said, "if I had taken your council, I should now have been a man looked on with respect; he said he was not connected with the people that opposed President Smith and never would"-he much regretted the course he had taken.
After hearing the foregoing evidence in support of said petition, it is considered and ordained by the court; lst, That the said Joseph Smith, Senior, be discharged from the said arrest and imprisonment, complained of in said petition, on the illegality of the writ, upon which he was arrested, as well as upon the writ of the case, and that he go hence without day. Secondly, Francis M. Higbee's character having been so fully shown, as infamous, the court is convinced that this suit was instituted through malice, private pique and corruption; and ought not to be countenanced; and it is ordained by the court that said Francis M. Higbee pay the costs.
In testimony whereof, I hereunto set my hand and
[Seal] affixed the seal of said court, at the city of Nauvoo,
this 8th day of May, 1844.
WILLARD RICHARDS, Clerk.
Two of Mr. Smith's most important witnesses being out of the city on the day of the trial, we subjoin their affidavits which are as follows:
State of Illinois, }
Hancock County } ss.
Personally appeared before me, Daniel H. Wells, acting Justice of the Peace, in and for said county, Abiathar B. Williams, who being duly sworn according to law deposeth and saith; that on or about the 15th day of March, A. D. 1844, Joseph J. Jackson came to my house and requested me to walk with him,-which I did. During the time we were walking, said Joseph J. Jackson said that he was then coming from Mr. Law's; that there was going to be a secret meeting in the city of Nauvoo, probably to-morrow evening; but as it was not decided he could not say positively as to the time, but he would inform me in season. The said Joseph H. Jackson said that doctor Foster, Chauncy Higbee and the Laws were red-hot for a conspiracy, and he should not be surprised if in two weeks there should be not one of the Smith family left in Nauvoo. After we arrived at Mr. Loomis' the Masonic Hall, in the city of Nauvoo, he related some thing which he stated Doctor Foster had said relative to his family. This he did in the presence of Mr. Eaton and myself, and strongly solicited myself and Mr. Eaton to attend the secret meeting, and join them in their intentions. The said Joseph J. Jackson further said that Chauncy Higbee had said that he the said Chauncy Higbee had seen men tied hand and foot and run through the heart with a sword, and their heads taken off, and then buried;-and he durst not say a word. This the said Jackson and in Mr. Loomis' room, and further the deponent saith not.
A. B. WILLIAMS.
Sworn to and subscribed before me this 27th day of March, A. D. 1844.
DANIEL H. WELLS, J. P. [L. S.]
State of Illinois }
Hancock County }
Personally appeared before me, Daniel H. Wells, an acting Justice of the Peace in and for said county, M. G. Eaton, who being duly sworn according to law and saith that on or about the 15th day of March, A. D. 1844, Joseph H. Jackson came to me several times and requested me to go on the hill with him. I finally consented and went with him to the Key Stone Store, in the city of Nauvoo. Doctor Foster and one of the Higbees, I think Chauncy Higbee, were in the store. The said Joseph H. Jackson, together with the said R. D. Foster, and said Higbee, went into the back room of the store. They appeared to enter into private council. Soon after they went into the said room the said Joseph H. Jackson invited me into the room where they were now sitting, I immediately complied. Soon after I went in the said Higbee commenced talking about the spiritual wife system. He said he had no doubt but some of the Elders had ten or twelve wives apiece. He said they married them whether the females were willing or not; and they did it by recording the marriage in a large book; which book was sealed up after the record was made, and was not to be opened for a long time, probably not until many of the husbands of those who were thus married were dead. They would then open the book and break the seals in the presence of those females, and when they saw their names recorded in that book they would believe that the doctrine was true and they must submit. He said this book was kept at Mr. Hyrum Smith's. I asked the said Chauncy Higbee * * * *
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