According to the statutes regarding stolen goods, a magistrate issued a warrant “upon complaint being made on oath, to any officer authorized to issue process for the apprehension of offenders, that any personal property has been stolen or embezzled, and that the complainant suspects that such property is concealed in any particular house, or place” and if the magistrate was satisfied that there were “reasonable grounds for such suspicion.” The warrant was given to the sheriff or a constable. If the official recovered the stolen goods, he was to return them to the magistrate who issued the warrant. Therefore, JS, Rigdon, or Hyrum Smith apparently made a formal complaint to Higbee and indicated that they suspected the stolen goods were at Hulet’s house. (An Act to Regulate Proceedings in Criminal Cases [21 Mar. 1835], Revised Statutes of the State of Missouri [1835], p. 500, art. 9, secs. 1–4; also 6.)

The Revised Statutes of the State of Missouri, Revised and Digested by the Eighth General Assembly, During the Years One Thousand Eight Hundred and Thirty-Four, and One Thousand Eight Hundred and Thirty-Five. Together with the Constitutions of Missouri and of the United States. 3rd ed. St. Louis: Chambers and Knapp, 1841.

These initials represent Higbee’s position. At the close of an affidavit made in September 1838, Higbee signed his name and identified himself as “one of the justices of the county court within and for Caldwell county.” (Affidavit, 8 Sept. 1838; see also Affidavit, 5 Sept. 1838.)