At 5 p.m. I appeared before the Municipal Court on the above habeas corpus. The following is a copy of their docket.
Hearing on the Expositor Affairs Before the Municipal Court of Nauvoo - Habeas Corpus Proceedings.
Special session, June 12th, 1844, 5 o'clock p.m.
Present-Alderman N. K. Whitney, Orson Spencer, George W. Harris, Gustavus Hills, Elias Smith, and Samuel Bennett, associate justices. The Mayor being on trial, George W. Harris was elected president pro tem.
John P. Greene, Marshal, made his return on the writ of habeas corpus; "the body of Joseph Smith in court."
Bettisworth made his return on the
copy of the warrant which was attached to the petition as follows:-I
body of Joseph Smith by virtue of a writ, of which the within is a
7th section of Addenda of City Ordinance read by Councilor George P. Styles. Resolution of City Council June 10th, 1844, declaring printing establishment of the Nauvoo Expositor a nuisance read. Mayor's order to the Marshal to execute the same was also read, and Lieut. General's order of June 10th, 1844, to Major-General Dunham to assist the Marshal to destroy said printing establishment.
Turley sworn, said that the
order of the Marshal was executed quietly and peaceably. There was no riot or disturbance, no noise, no
exultation; the Marshal endeavored to keep peace and silence, and the
did also. The two companies under command of Dunham and
Robert Clift, Augustus A.
Farnham, Joseph A. Kelting, Henry G. Sherwood, Augustus Stafford, Cyrus
John Gleason sworn.
Sherwood confirmed the
statements of previous witnesses. Pullin called for Dr. Foster and the
commanded silence. Francis M. Higbee's threats have been lavish towards
Smith and Hyrum for a long time; has threatened injury upon them and
of the Smiths. His conspiracies and threats have not been a little.
Rockwell sworn. Some three or
four weeks ago said Francis M. Higbee said he would go his death
and Hyrum Smith. Francis said, "I know my course is wrong; but if I
shall get hell, and if I go on I shall only get hell;" and would do
he intended at the risk of his life, and would destroy the General if
Said the Council had ordered the press destroyed and "who lays his
on the press it is death to them." Witness has frequently heard Higbee
tell lies about the General to injure his character.
Joseph Dalton, William Clayton
and James Goff sworn. John Hughes said, Higbee said, "By God, all I
to live for is to see this city sunk down to the lowest hell, and by
"shall!" This was just previous to the Marshal’s arriving on the
10th. William Clayton said two years ago this June Francis M. Higbee
he was concerned with John C. Bennett in his iniquity, and had a bad
said he knew his character was ruined. From time to time since that,
knew Higbee had been threatening General Smith's character and property.
heard Higbee threaten to
shoot General Smith at Rollinson's store, and Higbee said the destinies
people are this day sealed in the archives of heaven, and there shall
left one stone upon another on that temple.
McEwan: Higbee said, in
reference to Joseph Smith, "G--d-- him, I will shoot him and all
pertains to him; and before ten suns shall go over our heads, the
Nauvoo House and Mansion shall all be destroyed, and it will be the
downfall of this community.”
Dalton: Higbee said, if they laid
their hands on the press, from that hour they might date their
ten suns should not roll over their heads till the city was destroyed.
decided that Joseph Smith had
acted under proper authority in destroying the establishment of the Nauvoo
Expositor on the 10th inst.; that his orders were executed in an
and judicious manner, without noise or tumult: that this was a
prosecution on the part of Francis M. Higbee; and that said Higbee pay
costs of suit, and that Joseph Smith be honorably discharged from the
and of the writ, and go hence without delay.