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Introduction to City of Nauvoo v. F. M. Higbee, F. M. Higbee v. JS–A, F. M. Higbee v. JS–A on Habeas Corpus, and F. M. Higbee v. JS–B Complaint, 15 January 1844 [City of Nauvoo v. F. M. Higbee] Docket Entry, 15–circa 16 January 1844 [City of Nauvoo v. F. M. Higbee]

Introduction to City of Nauvoo v. F. M. Higbee, F. M. Higbee v. JS–A, F. M. Higbee v. JS–A on Habeas Corpus, and F. M. Higbee v. JS–B

Page

City of Nauvoo v. F. M. Higbee
Nauvoo, Hancock Co., Illinois, Municipal Court, 16 January 1844
 
F. M. Higbee v. JS–A
Hancock Co., Illinois, Circuit Court, 23 May 1844
 
F. M. Higbee v. JS–A on Habeas Corpus
Nauvoo, Hancock Co., Illinois, Municipal Court, 8 May 1844
 
F. M. Higbee v. JS–B
Hancock Co., Illinois, Circuit Court, 29 May 1844
McDonough Co., Illinois, Circuit Court, circa August 1844
 
Historical Introduction
During the first half of 1844, JS became entangled in a series of legal actions with , a disaffected Latter-day Saint and dissenter. Higbee joined the church with his family in in 1832 and subsequently gathered with the Saints in and then . The two men differed as to when conflict between them began. According to statements made by JS and other church leaders in May 1844, Higbee was accused of illicit sexual conduct in 1841, but after Higbee promised to reform, no disciplinary action was taken against him. For his part, Higbee claimed that his grievance against JS began in 1842, after JS purportedly asked to become one of his plural wives; Higbee was romantically involved with her at the time. Higbee relocated to , Ohio, in late summer or fall 1842, but he returned to , Illinois, the following summer.
The immediate cause of the legal actions between the two men occurred on 5 January 1844, when was summoned to appear before the City Council. That day, the city council had been investigating a controversy surrounding remarks JS made to the recently installed Nauvoo police force on 29 December 1843 that he feared “a Brutus” existed in the city. Individual policemen speculated regarding the identity of this suspected traitor, concluding that JS may have referred to , a counselor in the , or , the Nauvoo stake president, or possibly both. Marks reported that Higbee had informed him that his life was in danger. JS summoned Higbee to testify before the city council on the matter. In his testimony, Higbee related that he had “received the impression from some source” that Law and Marks “could not subscribe to all things in the church, and it might make trouble.” Higbee, however, said that he had not heard that the two men were in danger. Later in the meeting, Higbee left, evidently without permission from the council.
After departed, JS reportedly stated that he “had better stay at home & hold his tongue, lest rumor turn upon him.” According to the account of the meeting in ’s journal, JS accused Higbee of conspiring with the church’s enemies in . Law further noted that JS implied that Higbee had a sordid sexual history and that JS alluded to an instance when “he had been called on to lay hands on him” for a healing blessing, but Higbee “stank from a cause that he did not like to name.” Following JS’s remarks, the council continued its deliberations, ultimately deciding to close the investigation and thank the policemen for their service.
 
City of Nauvoo v. F. M. Higbee
After learning of JS’s comments, wrote a letter to him on 10 January 1844 confronting him about “the inconsiderate, the unwarented, and unheard of Attack” he believed JS made upon his character before the city council and demanding that the church investigate the matter. In the letter, Higbee also criticized JS and threatened legal action. On 15 January, filed a complaint before , clerk of the Municipal Court, accusing Higbee of using “slanderous and abusive epithets and language” toward JS while in Pratt’s home and declaring that he would “put him [JS] under ten thousand dollar bonds.” JS, as chief justice of the municipal court, reviewed the complaint and ordered Richards to issue an arrest warrant for Higbee. The following day, Higbee was brought before the court. , who was present during the proceedings, described Higbee as “very wrathy and vicious” and said that he “threatened to sue J. at the County Court.”
Before the trial could proceed, however, around eleven o’clock in the morning the justices of the municipal court “adjourned one hour to accommodate the City Council,” which had a meeting scheduled for that morning. Partway through the meeting, JS briefly stepped away from the council, possibly to meet with . Following his return, JS announced that he and Higbee had reconciled; Higbee pledged his friendship to JS and, referring to “his distraction of mind the past week,” stated that he was “glad the difficulties are settled.” JS ordered that his comments about Higbee made on 5 January 1844 be stricken from the city council minutes. The municipal court then dropped the charges against Higbee.
 
F. M. Higbee v. JS–A
Despite the reconciliation, JS and ’s relationship deteriorated further during the following months. On 26 February 1844, Higbee served as ’s attorney in a case before JS in the mayor’s court involving allegations that JS’s brother had married “spiritual wives.” After JS convicted Bostwick of slander, Higbee threatened to appeal the case, which JS believed would “stir up the mob” against the Saints. Higbee also began associating with dissenters in , and on 28 April he was appointed an apostle in a new church formed by dissenters led by .
On 1 May 1844, followed through on his earlier threat to sue JS in the , Illinois, circuit court for his 5 January comments. Higbee brought the suit, F. M. Higbee v. JS–A, as a “” action, asking for $5,000 in damages for the harm done to his reputation by JS’s comments. The circuit court clerk labeled the suit number 128. At Higbee’s request, the circuit court issued a writ of on 1 May 1844. Hancock County deputy sheriff served it by arresting JS in on 6 May 1844.
 
F. M. Higbee v. JS–A on Habeas Corpus
Following his arrest, JS prepared a petition to the Municipal Court for a writ of habeas corpus. In the petition, JS argued that the writ of capias ad respondendum was “informal, and not of that character which the Law recognises as valid.” In addition, he asserted that was motivated by revenge and malice and that the suit was part of a conspiracy against JS’s life. Municipal court clerk issued the writ of habeas corpus on the evening of 6 May. , who had been deputized to serve the writ, did so on 7 May. However, as only two justices— and —were available, the municipal court postponed a hearing until 8 May.
When the court convened, it reviewed the legality of JS’s detention. Because JS was the petitioner, he recused himself as chief justice, and was elected president pro tempore of the court in his stead. Although was notified of the proceedings, he did not appear. JS’s attorneys, and , opened by challenging the legality of the warrant, arguing that the cause of action named in the writ—“plea of the case”—was vague and provided insufficient grounds for detention. In addition, Stiles asked the court to hear the merits of Higbee’s suit against JS and to permit the defense counsel to show that Higbee was part of a conspiracy against the petitioner’s life. JS also made a statement to the court, arguing that he had the right to present his testimony under oath. The municipal court sustained JS’s motion to “proceed to trial on the merits of the case.”
Nine witnesses, including JS, testified. Much of the testimony provided background for JS’s 5 January 1844 comments before the City Council regarding . Most of the witnesses focused on Higbee’s sexual history, describing how he had contracted a venereal disease from a “French lady” in 1841. JS also submitted affidavits sworn by and , who, although unable to attend the proceedings, claimed to have knowledge of the conspiracy against JS’s life. After the testimony concluded, the court discharged JS, citing the illegality of the warrant and Higbee’s “infamous” character, as well as declaring “that this suit was instituted through Malice, private pique and corruption.”
 
F. M. Higbee v. JS–B
responded to the municipal court’s proceedings by filing a second, parallel suit for the same cause—F. M. Higbee v. JS–B—in the circuit court, with the clerk labeling it number 139. The court issued a summons on 8 May for JS to appear later that month at its scheduled term. On 10 May, Higbee’s attorneys— and —initiated the by filing his . They asserted that on 5 January 1844, JS publicly uttered “false scandalous malicious and defamatory words” that damaged Higbee’s reputation. According to the declaration, JS accused Higbee of fornication, adultery, , and having a venereal disease. The declaration further claimed that JS made similar comments on other occasions. JS’s remarks, the declaration concluded, injured Higbee’s “good name fame and credit” among his neighbors, who subsequently refused to transact business with him, causing Higbee to sustain damages amounting to $5,000.
The circuit court opened its May 1844 term on 20 May. JS retained the services of attorneys , , and to represent him in the suit. The attorneys filed a , which asked the court to quash the second suit, number 139, arguing that the original suit, number 128, was “still depending.” Before the court could rule on the plea, one of ’s attorneys filed a motion on 23 May for the court to dismiss suit 128, which was granted, allowing suit 139 to move forward. The same day, Higbee filed an affidavit averring that he feared he would “not receive a fair trial” given “that the inhabitants of said are prejudiced” against him and requested a change of venue. Although the court initially granted the motion, changing the venue to the circuit court of , Illinois, on 24 May the court delayed the change of venue until the pretrial pleadings could be completed. On 25–26 May 1844, Babbitt met with JS in to discuss this and other cases that he was handling for JS at the circuit court. JS went to , the seat of Hancock County, on 27 May to consult with his attorneys and to be present if any of the cases came to trial.
On 29 May 1844, filed with the circuit court JS’s pleas, which denied that had a cause of action on the grounds that the two men had previously reconciled and that the claim that Higbee had a venereal disease was true. Babbitt also requested a jury trial, which request was affirmed by Higbee’s counsel. After Babbitt filed the pleas, Higbee’s attorneys inscribed a on the page beneath the final plea, denying that Higbee had “the Pox in manner and form as the said Defendent” alleged. In addition, on the same day, Higbee’s attorneys filed a , which argued that JS’s second and third pleas were “not sufficient in law” and that Higbee was “not bound by law to answer the same.” The demurrer did not, however, specify the reasons for this challenge. At the circuit court in , Judge of the fifth judicial circuit heard oral arguments from both parties’ attorneys, which were not recorded, and then sustained the demurrer. The demurrer did not mention the first plea—which contained JS’s general denial of Higbee’s claims in the declaration—thereby sending the question of whether JS had actually wronged Higbee with his 5 January comments to the jury to decide. With the pleadings filed, Thomas granted the change of venue to the Circuit Court. The case was dismissed following JS’s death in June.
 
Calendar of Documents
This calendar lists all known documents created by or for the court, whether extant or not. It does not include versions of documents created for other purposes, though those versions may be listed in footnotes. In certain cases, especially in cases concerning unpaid debts, the originating document (promissory note, invoice, etc.) is listed here. Note that documents in the calendar are grouped with their originating court. Where a version of a document was subsequently filed with another court, that version is listed under both courts.
 
City of Nauvoo v. F. M. Higbee, Nauvoo, Hancock Co., Illinois, Municipal Court

1844 (3)

January (3)

15 January 1844

Orson Pratt, Complaint, before Willard Richards, Nauvoo, Hancock Co., IL

  • 15 Jan. 1844; Nauvoo, IL, Records, CHL; handwriting of William W. Phelps; signature of Orson Pratt; certification in handwriting of Willard Richards; docket in handwriting of Willard Richards.
15 January 1844

Warrant, for Francis M. Higbee, Nauvoo, Hancock Co., IL

15–ca. 16 January 1844

Docket Entry, Nauvoo, Hancock Co., IL

  • 15–ca. 16 Jan. 1844; Nauvoo Municipal Court Docket Book, 90; handwriting of Willard Richards; notation in handwriting of Thomas Bullock.

1845 (1)

February (1)

10 February 1845

Daniel Spencer, Pay Order, Nauvoo, Hancock Co., IL, to Nauvoo City Treasurer, for Nauvoo Municipal Court Clerk, Nauvoo, Hancock Co., IL

 
F. M. Higbee v. JS–A, Hancock Co., Illinois, Circuit Court

1844 (10)

May (4)

1 May 1844

Francis M. Higbee, Praecipe, to Hancock Co. Circuit Court Clerk, Hancock Co., IL

  • 1 May 1844; microfilm in Circuit Court Case Files, 1830–1900, CHL; handwriting of Onias Skinner; signature of Francis M. Higbee; docket and notation in handwriting of David E. Head.
1 May 1844

Francis M. Higbee, Affidavit, before David E. Head on behalf of Jacob B. Backenstos, Carthage, Hancock Co., IL

  • 1 May 1844; Hancock Co., IL, Circuit Court Legal Documents, 1839–1860, BYU; handwriting of Francis M. Higbee and Onias Skinner; certified by David E. Head; docket and notation in handwriting of David E. Head.
1 May 1844

David E. Head on behalf of Jacob B. Backenstos, Capias ad Respondendum, to Hancock Co. Sheriff, for JS, Carthage, Hancock Co., IL

23 May 1844

Docket Entry, Dismissal, Carthage, Hancock Co., IL

  • 23 May 1844; Hancock County Circuit Court Record, vol. D, p. 116, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.

August (2)

16 August 1844

Fee Bill, Carthage, Hancock Co., IL

Ca. 16 August 1844

Docket Entry, Fee Bill, Carthage, Hancock Co., IL

September (2)

11 September 1844

Fieri Facias, Carthage, Hancock Co., IL

Ca. 11 September 1844

Docket Entry, Fee Bill, Carthage, Hancock Co., IL

November (1)

Between 16 August and ca. 14 November 1844

Docket Entry, Fee Bill, Carthage, Hancock Co., IL

  • Between 16 Aug. and ca. 14 Nov. 1844; Hancock County Circuit Court, Execution Docket, vol. B, p. [155], Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; unidentified handwriting; notation in handwriting of David E. Head.

December (1)

Between 11 September and ca. 9 December 1844

Docket Entry, Fieri Facias, Carthage, Hancock Co., IL

  • Between 11 Sept. and ca. 9 Dec. 1844; Hancock County Circuit Court, Execution Docket, vol. B, p. [164]; Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; handwriting of David E. Head; notation in unidentified handwriting.

1845 (2)

April (2)

Between 23 May 1844 and ca. 15 April 1845

Docket Entry, Carthage, Hancock Co., IL

  • Between 23 May 1844 and ca. 15 Apr. 1845; Hancock County Circuit Court, Judgment Docket, vol. B, p. 67, Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; unidentified handwriting.
Ca. 15 April 1845

Certificate, Carthage, Hancock Co., IL

1846 (1)

February (1)

23 February 1846

Jacob B. Backenstos, Certificate, Carthage, Hancock Co., IL

  • 23 Feb. 1846. Not extant.
  • Ca. 1 Apr. 1846; microfilm in Circuit Court Case Files, 1830–1900, CHL; unidentified handwriting; docket in unidentified handwriting; notation in handwriting of A. W. Blakesley; notation in unidentified handwriting.
  • Ca. 2 Apr. 1846. Not extant.
 
F. M. Higbee v. JS–A on Habeas Corpus, Nauvoo, Hancock Co., Illinois, Municipal Court

1844 (11)

May (10)

1 May 1844

David E. Head on behalf of Jacob B. Backenstos, Capias ad Respondendum, Copy, to Hancock Co. Sheriff, for JS, Carthage, Hancock Co., IL

6 May 1844

JS, Petition, to Nauvoo Municipal Court, Nauvoo, Hancock Co., IL

6 May 1844

Willard Richards, Habeas Corpus, to Nauvoo City Marshal, Nauvoo, Hancock Co., IL

  • 6 May 1844; Nauvoo, IL, Records, CHL; manuscript form in handwriting of Willard Richards with manuscript additions in handwriting of Willard Richards; docket and notations in handwriting of Willard Richards; notations in handwriting of Lorenzo D. Wasson; notation in handwriting of Willard Richards.
  • 6 May 1844; Nauvoo, IL, Records, CHL; manuscript form in handwriting of Willard Richards; docket in handwriting of Willard Richards; notation in handwriting of Willard Richards with signature of Lorenzo D. Wasson; notation and docket in handwriting of John D. Parker; notation in handwriting of Willard Richards.
  • Ca. 18 May 1844; in Trial Report, Times and Seasons, 15 May 1844, 5:536–537.
6 May 1844

Willard Richards, Notice, to Francis M. Higbee, Nauvoo, Hancock Co., IL

6 May 1844

Willard Richards, Summons, to Nauvoo City Marshal, for Daniel H. Wells and Others, Nauvoo, Hancock Co., IL

  • 6 May 1844; Nauvoo, IL, Records, CHL; handwriting of Willard Richards; docket and notation in handwriting of Willard Richards; notation in handwriting of John D. Parker.
6–8 May 1844

Minutes, Nauvoo, Hancock Co., IL

  • 6–8 May 1844; Nauvoo, IL, Records, CHL; handwriting of Willard Richards.
8 May 1844

Willard Richards, Subpoena, for Brigham Young and Others, Nauvoo, Hancock Co., IL

  • 8 May 1844; Nauvoo, IL, Records, CHL; handwriting of Willard Richards; notations in handwriting of John D. Parker.
8 May 1844

Account of Hearing, Nauvoo, Hancock Co., IL

12 May 1844

Docket Entry, Nauvoo, Hancock Co., IL

  • 12 May 1844; Nauvoo Municipal Court Docket Book, 95–96; handwriting of Willard Richards; notation in handwriting of Willard Richards; notation in handwriting of Thomas Bullock.
12–15 May 1844

Trial Report, Nauvoo, Hancock Co., IL

  • 12 May 1844; JS Office Papers, CHL; handwriting of Willard Richards; docket and notation in handwriting of Willard Richards; notation in handwriting of Thomas Bullock. Draft.
  • 12–15 May 1844; in “Municipal Court,” Nauvoo Neighbor, 15 May 1844, 2:[3].
  • Ca. 18 May 1844; in “Municipal Court,” Times and Seasons, 15 May 1844, 5:536–541.

June (1)

4 June 1844

Willard Richards, Execution, to Nauvoo City Marshal, Nauvoo, Hancock Co., IL

  • 4 June 1844; Nauvoo, IL, Records, CHL; handwriting of Willard Richards; docket and notation in handwriting of Willard Richards; endorsement in handwriting of John P. Greene; notation in handwriting of Jonathan C. Wright.
 
F. M. Higbee v. JS–B, Hancock Co., Illinois, Circuit Court

1844 (22)

May (19)

Ca. 7 May 1844

Chauncey L. Higbee on behalf of Francis M. Higbee, Praecipe, to Hancock Co. Circuit Court Clerk, Hancock Co., IL, ca. 7 May 1844–A

  • Ca. 7 May 1844; McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; handwriting of Chauncey L. Higbee; docket and notation in handwriting of David E. Head; notation in handwriting of James M. Campbell.
Ca. 7 May 1844

Chauncey L. Higbee on behalf of Francis M. Higbee, Praecipe, to Hancock Co. Circuit Court Clerk, Hancock Co., IL, ca. 7 May 1844–B

  • Ca. 7 May 1844; McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; handwriting of Chauncey L. Higbee; docket in handwriting of Chauncey L. Higbee; docket and notation in handwriting of David E. Head; notation in handwriting of James M. Campbell.
8 May 1844

David E. Head on behalf of Jacob B. Backenstos, Summons, to Hancock Co. Sheriff, for JS, Carthage, Hancock Co., IL

  • 8 May 1844; McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; printed form with manuscript additions in handwriting of David E. Head; docket printed with manuscript additions in handwriting of David E. Head; notations printed with manuscript additions in handwriting of John D. Parker; notation in handwriting of David E. Head; notation in handwriting of James M. Campbell.
8 May 1844

David E. Head on behalf of Jacob B. Backenstos, Subpoena, to Hancock Co. Sheriff, for William Law and Others, Carthage, Hancock Co., IL, 8 May 1844–A

  • 8 May 1844; McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; printed form with manuscript additions in handwriting of David E. Head; docket printed with manuscript additions in handwriting of David E. Head; notations printed with manuscript additions in handwriting of John D. Parker; notation in handwriting of David E. Head; notation in handwriting of James M. Campbell.
8 May 1844

David E. Head on behalf of Jacob B. Backenstos, Subpoena, to Hancock Co. Sheriff, for Benjamin Warrington, Carthage, Hancock Co., IL, 8 May 1844–B

  • 8 May 1844; McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; printed form with manuscript additions in handwriting of David E. Head; docket printed with manuscript additions in handwriting of David E. Head; notations printed with manuscript additions in handwriting of John D. Parker; notation probably in handwriting of Jacob B. Backenstos; notation in handwriting of James M. Campbell.
Ca. 9 May 1844

William Marr and Sylvester Emmons on behalf of Francis M. Higbee, Declaration, Hancock Co., IL

  • Ca. 9 May 1844; McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; handwriting of William Marr; docket in handwriting of William Marr; notation in handwriting of David E. Head; notation in handwriting of James M. Campbell.
20 May 1844

Bachman & Skinner and Almon Babbitt on behalf of JS, Plea, Hancock Co., IL

  • 20 May 1844; McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; handwriting of Onias Skinner; docket in handwriting of Onias Skinner; docket in unidentified handwriting; notation in handwriting of Jacob B. Backenstos; notation in handwriting of James M. Campbell.
21 May 1844

Docket Entry, Plea, Carthage, Hancock Co., IL

23 May 1844

Francis M. Higbee, Affidavit, before Jacob B. Backenstos, Carthage, Hancock Co., IL, 23 May 1844–A

  • 23 May 1844; McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; handwriting of Francis M. Higbee; signature of Jacob B. Backenstos; canceled docket in handwriting of Chauncey L. Higbee; docket and notation in handwriting of Jacob B. Backenstos; notation in handwriting of James M. Campbell.
23 May 1844

Augustine Spencer, Affidavit, before David E. Head on behalf of Jacob B. Backenstos, Carthage, Hancock Co., IL, 23 May 1844–B

  • 23 May 1844; McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; printed form with manuscript additions in unidentified handwriting; signature presumably of Augustine Spencer; signature of David E. Head on behalf of Jacob B. Backenstos; docket and notation in handwriting of David E. Head.
23 May 1844

Benjamin Warrington, Affidavit, before Jacob B. Backenstos, Carthage, Hancock Co., IL, 23 May 1844–C

  • 23 May 1844; McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; printed form with manuscript additions in handwriting of Jacob B. Backenstos; signature presumably of Benjamin Warrington; docket and notation in handwriting of David E. Head; notation in handwriting of James M. Campbell.
23 May 1844

Docket Entry, Motion and Change of Venue, Carthage, Hancock Co., IL

24 May 1844

Robert D. Foster, Affidavit, before Jacob B. Backenstos, Carthage, Hancock Co., IL

  • 24 May 1844; McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; printed form with manuscript additions in handwriting of Robert D. Foster; signature of Jacob B. Backenstos; docket and notation in handwriting of David E. Head.
24 May 1844

Docket Entry, Motion Set Aside, Carthage, Hancock Co., IL

  • 24 May 1844; Hancock County Circuit Court Record, vol. D, p. 126, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
Ca. 28 May 1844

Almon Babbitt and Onias Skinner on behalf of JS, Pleas, Hancock Co., IL

  • Ca. 28 May 1844; McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; handwriting of Almon Babbitt and William Marr; signatures of Almon Babbitt and Onias Skinner in handwriting of Almon Babbitt; signatures of Calvin A. Warren and William Marr by William Marr; docket in handwriting of Almon Babbitt; notation possibly in handwriting of Jacob B. Backenstos; notation in handwriting of James M. Campbell.
Ca. 28 May 1844

Calvin A. Warren and William Marr on behalf of Francis M. Higbee, Replication, Hancock Co., IL

  • Ca. 28 May 1844; McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; handwriting of William Marr; notation possibly in handwriting of Jacob B. Backenstos; notation in handwriting of James M. Campbell.
Ca. 28 May 1844

Higbee & Warren and William Marr on behalf of Francis M. Higbee, Demurrer, Hancock Co., IL

  • Ca. 28 May 1844; McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; handwriting of William Marr; docket in handwriting of William Marr; notation probably in handwriting of David E. Head; notation in handwriting of James M. Campbell.
29 May 1844

Docket Entry, Pleas and Demurrer, Carthage, Hancock Co., IL

29 May 1844

Docket Entry, Demurrer Sustained, Carthage, Hancock Co., IL

August (3)

9 August 1844

Bill of Costs, Carthage, Hancock Co., IL

10 August 1844

Bill of Costs, Carthage, Hancock Co., IL

10 August 1844

Transcript of Proceedings, Carthage, Hancock Co., IL

  • 10 Aug. 1844; McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; handwriting of Jacob B. Backenstos; certifications printed with manuscript additions in handwriting of Jacob B. Backenstos; docket in handwriting of Jacob B. Backenstos; notation in handwriting of James M. Campbell.
 
F. M. Higbee v. JS–B, McDonough Co., Illinois, Circuit Court

1844 (9)

May (5)

21 May 1844

Docket Entry, Plea, Copy, Carthage, Hancock Co., IL

23 May 1844

Docket Entry, Motion and Change of Venue, Copy, Carthage, Hancock Co., IL

29 May 1844

Docket Entry, Pleas and Demurrer, Copy, Carthage, Hancock Co., IL

29 May 1844

Docket Entry, Demurrer Sustained, Copy, Carthage, Hancock Co., IL

29 May 1844

Chauncey L. Higbee and William Marr on behalf of Francis M. Higbee, Praecipe, Hancock Co., IL, to McDonough Co. Circuit Court Clerk, Macomb, McDonough Co., IL

  • 29 May 1844; McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; handwriting of Chauncey L. Higbee; docket in handwriting of Chauncey L. Higbee; notation in unidentified handwriting.

August (4)

9 August 1844

Bill of Costs, Carthage, Hancock Co., IL

10 August 1844

Bill of Costs, Carthage, Hancock Co., IL

10 August 1844

Transcript of Proceedings, Carthage, Hancock Co., IL

  • 10 Aug. 1844; McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb; handwriting of Jacob B. Backenstos; certifications printed with manuscript additions in handwriting of Jacob B. Backenstos; docket in handwriting of Jacob B. Backenstos; notation in handwriting of James M. Campbell.
14 August 1844

James M. Campbell, Subpoena, to McDonough Co. Sheriff, for Benjamin Warrington and Others, Macomb, McDonough Co., IL

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Editorial Title
Introduction to City of Nauvoo v. F. M. Higbee, F. M. Higbee v. JS–A, F. M. Higbee v. JS–A on Habeas Corpus, and F. M. Higbee v. JS–B
ID #
19232
Total Pages
1
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    Footnotes

    1. [1]

      Isaac Higbee, Autobiographical Sketch, 24 May 1864, Obituary Notices and Biographies, CHL, [1]–[2]; “A History, of the Persecution, of the Church of Jesus Christ, of Latter Day Saints in Missouri,” Dec. 1839–Oct. 1840; 1840 U.S. Census, Hancock Co., IL, 166.

      Obituary Notices and Biographies, 1854–1877. CHL. MS 4760.

      Census (U.S.) / U.S. Bureau of the Census. Population Schedules. Microfilm. FHL.

    2. [2]

      See Account of Hearing, 8 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus]; and Pleas, ca. 28 May 1844 [F. M. Higbee v. JS–B].

    3. [3]

      “Communication,” Warsaw Signal, 29 May 1844, [2]. For more information on JS’s purported proposal to Nancy Rigdon, see Historical Introduction to Appendix: Letter to Nancy Rigdon, ca. Mid-Apr. 1842.

      Warsaw Signal. Warsaw, IL. 1841–1853.

    4. [4]

      Letter from Francis M. Higbee, 8 Sept. 1843.

    5. [5]

      Complaint, 15 Jan. 1844 [City of Nauvoo v. F. M. Higbee]; Minutes and Discourse, 29 Dec. 1843.

    6. [6]

      Nauvoo City Council Rough Minute Book, 3 and 5 Jan. 1844, 32–38.

    7. [7]

      Nauvoo City Council Rough Minute Book, 5 Jan. 1844, 36–39; Complaint, 15 Jan. 1844 [City of Nauvoo v. F. M. Higbee].

    8. [8]

      Nauvoo City Council Rough Minute Book, 5 Jan. 1844, 39.

    9. [9]

      Law, Record of Doings, 5 Jan. 1844, in Cook, William Law, 45–46. Although still a Latter-day Saint, Law was estranged from JS by this time, which may have influenced how he represented the meeting.

      Cook, Lyndon W. William Law: Biographical Essay, Nauvoo Diary, Correspondence, Interview. Orem, UT: Grandin Book, 1994.

    10. [10]

      Nauvoo City Council Rough Minute Book, 5 Jan. 1844, 39–40.

    11. [11]

      Letter from Francis M. Higbee, 10 Jan. 1844.

    12. [12]

      Complaint, 15 Jan. 1844 [City of Nauvoo v. F. M. Higbee].

    13. [13]

      JS, Journal, 15–16 Jan. 1844; Richards, Journal, 15–16 Jan. 1844. It is unclear what Higbee was charged with, as Richards did not record a charge in the docket entry. In 1842, the municipal court prosecuted several slander suits against individuals accused of violating ordinances that dealt with disorderly persons and with religious societies. However, those ordinances seem to have been superseded, at least in part, by the January 1843 “Laws & Ordinances of the City of Nauvoo,” which included a provision that defined “a disturber of the peace” as someone who used “any abusive, indecent, or threatening words to another individual.” The 1843 laws and ordinances granted concurrent jurisdiction to the mayor, the aldermen, and the municipal court. (See Introduction to City of Nauvoo v. Davis for Slander of JS–A; Introduction to City of Nauvoo v. Davis for Slander of JS–B and City of Nauvoo v. Davis for Slander of JS–C; Introduction to City of Nauvoo v. Hunter; and Ordinances, 30 Jan. 1843, in JSP, D11:378–379.)

      Richards, Willard. Journals, 1836–1853. Willard Richards, Papers, 1821–1854. CHL. MS 1490, boxes 1–2.

      JSP, D11 / McBride, Spencer W., Jeffrey D. Mahas, Brett D. Dowdle, and Tyson Reeder, eds. Documents, Volume 11: September 1842–February 1843. Vol. 11 of the Documents series of The Joseph Smith Papers, edited by Matthew C. Godfrey, R. Eric Smith, Matthew J. Grow, and Ronald K. Esplin. Salt Lake City: Church Historian’s Press, 2020.

    14. [14]

      Clayton, Journal, 16 Jan. 1844.

      Clayton, William. Journals, 1842–1845. CHL.

    15. [15]

      Docket Entry, 15–ca. 16 Jan. 1844 [City of Nauvoo v. F. M. Higbee]; Nauvoo City Council Rough Minute Book, 16 Jan. 1844, 44.

    16. [16]

      Nauvoo City Council Rough Minute Book, 16 Jan. 1844, 44–45; JS, Journal, 16 Jan. 1844; Docket Entry, 15–ca. 16 Jan. 1844 [City of Nauvoo v. F. M. Higbee].

    17. [17]

      JS, Journal, 26 Feb. 1844; Introduction to City of Nauvoo v. Bostwick, Bostwick v. JS and Greene, and Bostwick v. JS. JS prosecuted Bostwick under a city ordinance. According to the Nauvoo charter, defendants who appealed their convictions in the mayor’s or aldermen’s courts for violating city ordinances would first need to go to the Nauvoo Municipal Court and then appeal that decision to the circuit court. Bostwick ultimately decided not to appeal the decision, instead filing a civil suit against JS at the May 1844 term of the circuit court. (Act to Incorporate the City of Nauvoo, 16 Dec. 1840; Praecipe, ca. 3 Mar. 1844 [Bostwick v. JS and Greene].)

    18. [18]

      JS, Journal, 28 Apr. 1844. Higbee was excommunicated from the Church of Jesus Christ of Latter-day Saints on 18 May 1844. (Nauvoo Stake High Council Minutes, 18 May 1844.)

      Nauvoo High Council Minutes, 1839–1845. CHL. LR 3102 22.

    19. [19]

      Praecipe, 1 May 1844 [F. M. Higbee v. JS–A]; Affidavit, 1 May 1844 [F. M. Higbee v. JS–A]; Capias ad Respondendum, 1 May 1844 [F. M. Higbee v. JS–A]. Illinois law required a request for a writ of capias ad respondendum to be accompanied by an affidavit detailing the wrong committed and showing how the “damages sustained” were “in danger of being lost,” thereby requiring the apprehension of the defendant. (An Act concerning Special Bail [26 Jan. 1827], Public and General Statute Laws of the State of Illinois, p. 88, sec. 1.)

      The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

    20. [20]

      JS, Journal, 6–7 May 1844; Petition to Nauvoo Municipal Court, 6 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus]; Habeas Corpus, 6 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus]; Docket Entry, 12 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus]; see also Capias ad Respondendum, 1 May 1844, Copy [F. M. Higbee v. JS–A].

    21. [21]

      Docket Entry, 12 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus]. Samuel Bennett, George W. Harris, Gustavus Hills, William Marks, George A. Smith, Orson Spencer, and Daniel H. Wells sat as associate justices. (Docket Entry, 12 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus]; see also Nauvoo City Council Minute Book, 8 Aug. 1842, 98.)

    22. [22]

      Notice, 6 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus]; Docket Entry, 12 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus].

    23. [23]

      Minutes, 6–8 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus]; Account of Hearing, 8 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus]; Docket Entry, 12 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus].

    24. [24]

      Docket Entry, 12 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus]; Minutes, 6–8 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus]; Account of Hearing, 8 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus]; Clayton, Journal, 27 Mar. 1844; Nauvoo Neighbor, 17 Apr. 1844, [2].

      Clayton, William. Journals, 1842–1845. CHL.

      Nauvoo Neighbor. Nauvoo, IL. 1843–1845.

    25. [25]

      Docket Entry, 12 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus].

    26. [26]

      Praecipe, ca. 7 May 1844–A [F. M. Higbee v. JS–B]; Summons, 8 May 1844 [F. M. Higbee v. JS–B].

    27. [27]

      Declaration, ca. 9 May 1844 [F. M. Higbee v. JS–B].

    28. [28]

      Hancock Co., IL, Circuit Court Records, 1829–1897, vol. D, p. 64, microfilm 947,496, U.S. and Canada Record Collection, FHL.

      U.S. and Canada Record Collection. FHL.

    29. [29]

      See Letter from Almon Babbitt, 17 May 1844; and Plea, 20 May 1844 [F. M. Higbee v. JS–B].

    30. [30]

      Plea, 20 May 1844 [F. M. Higbee v. JS–B]; Docket Entry, Plea, 21 May 1844 [F. M. Higbee v. JS–B].

    31. [31]

      Docket Entry, Dismissal, 23 May 1844 [F. M. Higbee v. JS–A].

    32. [32]

      Affidavit, 23 May 1844–A [F. M. Higbee v. JS–B]; Docket Entry, Motion and Change of Venue, 23 May 1844 [F. M. Higbee v. JS–B]; Docket Entry, Motion Set Aside, 24 May 1844 [F. M. Higbee v. JS–A].

    33. [33]

      JS, Journal, 25–27 May 1844.

    34. [34]

      Pleas, ca. 28 May 1844 [F. M. Higbee v. JS–B]; Docket Entry, Pleas and Demurrer, 29 May 1844 [F. M. Higbee v. JS–B]; Demurrer, ca. 28 May 1844 [F. M. Higbee v. JS–B].

    35. [35]

      Demurrer, ca. 28 May 1844 [F. M. Higbee v. JS–B].

    36. [36]

      Transcript of Proceedings, 10 Aug. 1844 [F. M. Higbee v. JS–B]; Docket Entry, Demurrer Sustained, 29 May 1844 [F. M. Higbee v. JS–B].

    37. [37]

      Demurrer, ca. 28 May 1844 [F. M. Higbee v. JS–B]; Pleas, ca. 28 May 1844 [F. M. Higbee v. JS–B]; Stephen and Troubat, Treatise on the Principles of Pleading in Civil Actions, 279.

      Stephen, Henry John, and Francis J. Troubat. A Treatise on the Principles of Pleading in Civil Actions; Comprising a Summary View of the Whole Proceedings in a Suit at Law. 2nd American ed. Philadelphia: Robert H. Small, 1831.

    38. [38]

      Docket Entry, Motion and Change of Venue, 23 May 1844 [F. M. Higbee v. JS–B]; Transcript of Proceedings, 10 Aug. 1844 [F. M. Higbee v. JS–B]; Docket Entry, Abatement, 27 Aug. 1844, F. M. Higbee v. JS–B (McDonough Co. Cir. Ct. 1844), McDonough County Circuit Court Files, Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb.

      McDonough County Circuit Court Files. Illinois Regional Archives Depository vault, Archives and Special Collections, Leslie F. Malpass Library, Western Illinois University, Macomb.

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