Account of Hearing, 8 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus]
Source Note
Account of Hearing, [, Hancock Co., IL], 8 May 1844, F. M. Higbee v. JS–A on Habeas Corpus (Nauvoo, IL, Municipal Court 1844); handwriting of ; docket by , [, Hancock Co., IL], 8 May 1844; notation by , 10 May 1844; docket by unidentified scribe, [ca. 10 May 1844]; fourteen pages; Nauvoo, IL, Records, CHL. Includes notation.
it has been. truly stated that this court has nothing before it on which they can act there is a prisr. brot. into court who was in custody within the prov. of your honors— Those papers disclose no crime no guilt no merits to try—— they present no meritorious cause of actn. they do not prest. his guilt in any form whatever— what are the merits— shall we try him for horsestealg. or what? the prisr. was arr[este]d. for some cause— you shall hear the merits if you can find them out— then the court has power to try—— is it burglary horse stealing or arson or something else— what is the point to try— those papers know no crime— this court knows no crime there is no merits— no existence this court has no existence— it is ignis fatuus— to arrest somebody for doing nothing— to have the priv of trying a law suit about nothing— the court never says ever pref[erre]d. any thing— if there can any merits be hatched up we will try it
Pro [Prisoner] I am sat[isfied] that this thing can be brot. to trial— it appea[r]s I am a pris. & brot. here by the auth[orit]y. of the C[ircuit] C[ourt]. I petd. for hearg. I am a pris. & aver that it is a malicious pros[ecution] a wicked consp[iracy] got up by these men for the purpose of harassing me & decoying me into their hands— I want to show that this has joined a set of men who have ent[ere]d. in a consp. to take away my life you have power to punish— in prison— or fine or any thing you please you have a right to punish the off[ender] if I am a criminal you have power to punish me & send me to C. C. but if I am as inn[ocen]t. as the angels of heaven— you have power to send the pros[ecutio]n. to trial.— they have no merit in their cause I want to shew up this conspy. that these men are work[in]g their basest corruptn. that they have lifted up their hands ag. innocence— you have power to hear the petitr. on his oath— look at the federal court of this Dist. the aff[idavi]t. was made out— by afft. the Court decided it just as well as givg. oral test— the H C is granted upon the testy. of the petn.— it is the law in Blackstone that where no other matter is existence & swears that he is innocent the court must set him free— a man must give his testy. & swear it— and then goes as free as the [p. 2]