Municipal Court

City of Nauvoo, Illinois,}

Third day, Regular Term, May 8, 1844}

Before Alderman N. K. Whitney, acting chief justice; and Aldermen Daniel H. Wells, William Marks, Orson Spencer, George W. Harris, Gustavus Hills, George A. Smith and Samuel Bennet, associate justices, presiding.

Ex-Parte, }Messrs. Siles & Rigdon,

Joseph Smith, Sen. }

On Habeas Corpus. } Counsel for Smith.

This case came before the court upon a return to a writ of habeas corpus, which was issued by this court on the 6th of May, instant, upon petition of Joseph Smith, Sen. as follows:

STATE OF ILLINOIS,}

City of Nauvoo. }Sct

To the Honorable Municipul [municipal] Court in and for the city of Nauvoo:-

The undersigned, your petitioner, most respectfully represents that he is an inhabitant of the said city; your petitioner further represents that he is under arrest in said city, and is now in the custody of one John D. Parker, deputy sheriff of the county of Hancock, and the state of Illinois; that the said Parker holds your petitioner by virtue of a writ of "capias ad respondendom," issued by the clerk of the circuit court, of the county of Hancock, and the state of Illinois, at the instance of one Francis M. Higbee, of said county, requiring your petitioner to answer the said Francis M. Higbee, "of a plea of the case," damage five thousand dollars; your petitioner further represents that the proceedings against him are illegal; that the said warrant of arrest is unformal, and not of that character which the law recognises [recognizes] as valid, that the said writ is wanting and deficient in the plea therein contained; that the charge or complaint which your petitioner is therein required to answer, is not known to the law.

Your petitioner further avers that the said writ does not disclose in any way or manner whatever, any cause of action, which matter your petitioner most respectfully submits for your consideration; together with a copy of the said warrant of arrest which is hereunto attached.

Your petitioner further states that this proceeding has been instituted against him without any just or legal cause; and further that the said Francis M. Higbee, is actuated by no other motive than a desire to persecute and harass your petitioner, for the base purpose of gratifying feelings of revenge, which, without any cause, the said Francis M. Higbee has for a long time been fostering and cherishing.

Your petitioner further states that he is not guilty of the charge preferred against him, or of any act against him, by which the said Francis M. Higbee could have any charge, claim or demand, whatever against your petitioner.

Your petitioner further states, that he verily believes that another object the said F. M. Higbee had in instituting the proceeding, was, and is, to throw your petitioner into the hands of his enemies, that he might the better carry out a conspiracy which has for some time been brewing against the life of your petitioner.

Your petitioner further states that the suit which has been instituted against him has been instituted through malice, private pique, and corruption.

Your petitioner would therefore most respectfully ask your honorable body, to grant him the benefit of the writ of habeas corpus, that the whole matter may be thoroughly investigated, and such order made, as the law and justice demands in the same premises, and your petitioner will ever pray.

JOSEPH SMITH, Sen.

Nauvoo May, 6, 1844.

State of Illinois, }

City of Nauvoo }Sct'

The people of the state of Illinois:

To the Marshal of said city:...... GREETING.

Whereas, application has been made before the Municipal court of said city, that the body of one Joseph Smith, Senior, of the said city of Nauvoo, is in the custody of John D. Barker, Deputy sheriff of Hancock county, state aforesaid:

These are therefore to command the said John D. Parker, of the county aforesaid, to safely have the body of said Joseph Smith, Senior, of the city aforesaid, in his custody detained, as it is said, together with the day and cause of his caption and detention, by whatsoever name the said Joseph Smith, Senior may be known or called before the Municipal court, of said city forthwith, to abide such order as the said court shall make in this behalf, and further, if the said John D. Parker, or other person or persons, having said Joseph Smith, Senior, of said city of Nauvoo, in custody, shall refuse or neglect to comply with the provisions of this writ, you the marshall of said city, or other person, authorized to serve the same, are hereby required to arrest the person or persons refusing or neglecting to comply as aforesaid, and bring him or them together with the person or persons in his or their custody, forthwith before the Municipal court, aforesaid, to be dealt with according to law; and herein fail not and bring this writ with you.

Witness, Willard Richards, Clerk of the municipal

court at Nauvoo, this 6th day of May, in the year of our Lord, one thousand eight hundred and forty-four.

WILLARD RICHARDS,

Clerk, M. C., C. N.

I hold the within named Joseph Smith, Senior, under arrest, by virtue of a capias ad respondendum.

Hancock Circuit Court,

To May Term, A. D.. 1844.

Francis M. Higbee,}

Vs. }in case.

Joseph Smith. }

The day of his caption, May 6th, 1844.

To damage, five thousand dollars.

WM. BACKENSTOS, S. H. C.

By J. D. Parker, D. S.

State of Illinois, }

Hancock County. } ss

The people of the state of Illinois: To the sheriff of said county:.....GREETING.

We command you that you take Joseph Smith, if he be found within your county, and him safely keep, so that you have his body before the circuit court of said county of Hancock, on the first day of the next term thereof, to be holden at the court house in Carthage on the third Monday in the month of May, instant, to answer Francis M. Higbee, of a plea of the case; damage, the sum of five thousand dollars as he says; and you have then there this writ, and make due return thereon, in what manner you execute the same.

Witness, J. B. Backenstos, Clerk of said circuit court, at Carthage Seal.] this first day of May, in the year of our Lord one thousand eight hundred and forty-four.

J. B. BACKENSTOS, Clerk,

By D. E. Head, Deputy.

The sheriff is directed to hold the within named defendant to bail in the sum of five thousand dollars.

J. B. BAKENSTOS [Backenstos], Clerk,

By D. E. Head, Deputy.

This is a true copy of the original, now in the possession of William

B. Backenstos, sheriff of Hancock county.

By J. D. PARKER, DEPUTY.

STATE OF ILLINOIS, }

Hancock county } Sct.

City of Nauvoo. }

To Mr. Francis M. Higbee:-

Sir, You will please take notice that Joseph Smith, Senior, has petitioned for a writ of habeas corpus, from the Municipal Court of said city, praying that he may be liberated from the custody of John D. Parker, Deputy sheriff of Hancock county, by whom he is held in custody on a capias ad respondendum, issued by the circuit court of Hancock county, on the first day of May, instant, to answer Francis M. Higbee, on a plea of the case, &c.; which writ is granted, and you will have the opportunity to appear before the Municipal court, at 10 o'clock, A. M., on the 7th of May, instant, at the Mayor's Council Chamber, in said city, and show cause why said Joseph Smith, Senior, should not be liberated on said habeas corpus.

Witness my hand and seal of

[Seal] Court, this 6th day of May, 1844.

WILLARD RICHARDS, Clerk, M. C., C. N.

The above trial is deferred until Wednesday, the 8th instant, 10 o'clock, A. M.

W. RICHARDS. Clerk.

I have served the within, by reading to the named Francis M. Higbee.

John D. Parker, Constable.

Mr. Higbee did not appear either by himself or counsel.

Mr. J. P. Stiles then said that the petition and papers have been read in your hearing; it is a petition for an habeas corpus on the grounds-lst; the insufficiency of the writ, and other causes assigned. The insufficiency of the writ is sufficient to discharge the prisoner, it is the privilege and option of this court, if the writ is invalid. It is the privilege of the prisoner to have all the matters investigated, in order to prove that the prosecutor is joined with other persons in a conspiracy to take away Mr. Smith's life. Although it is competent for the court to discharge on account of the insufficiency of the writ, yet we want an examination into the matters, in order that all may be understood. All warrants should disclose the crimes known to the court, so that the prisoner might know what answer to make; the prisoner might have had to lay in jail six months, because he knows nothing what he is charged with in the writ; it might be that he is charged with debt; that he had to pay Francis M. Higbee the sum of five thousand dollars, or any thing: there is no action specified; is it meant for trespass, for mal-treating, beating, or slander, or what other crime, so that the damage of five thousand dollars might be known for what it is. The, writ is void for want of substance and form, all who are familiar with law; common sense, or justice, must know that it is indefinite; no charge defined. If we are not released here, we shall be released in circuit court, on account of the insufficiency, but we are now willing to investigate the merits of the case. We know nothing but from information from other sources, and we want this court to determine whether we are

held to any charge to Francis M. Higbee; we have given him notice to attend here; if he has any cause to keep him here, I propose to bring in the testimony of the prisoner, he has averred certain facts; he is ready to make oath of it if your honor require it; there is no ordinance against the prisoner taking his oath; it is within the province of the court to do so, it is the privilege of the court in any case to hear the plaintiff in any cause; law is founded on justice; there can no iniquity arise from any thing in this matter.

Sidney Rigdon said, it has been truly stated that this court has nothing before it on which it can act, there is a prisoner brought into court who was in custody within the province of your honor; those papers have been read but they disclose no crime, no guilt; there are no merits to try, they present no meritorious cause of action, they do not present the prisoner's guilt in any form whatever; what are the merits? Shall we try him for horse stealing, burglary, arson or what? You shall hear the merits if you can find them out, then the court has power to try; is it burglary, arson or something else? What is the point to try? Those papers know no crime, there is no merits, no existence of anything, it is an ignus fatuus, a will-o'wisp; to arrest somebody for doing nothing; to have the privilege of trying a law suit about nothing; the court never says Francis M. Higbee ever preferred any thing, if there can any merits be hatched up, we will try it.

J. Smith was satisfied that this thing can be brought to trial it appears I am a prisoner, and by the authority of the circuit court. I petitioned this court for a hearing I am a prisoner, and aver that it is a malicious prosecution, and a wicked conspiracy, got up by men for the purpose of harassing me, and decoying me into their hands. I want to show that this man has joined a set of men, who have entered into a conspiracy to take away my life. After hearing the case, you have power to punish, imprison, or fine, or anything you please, you have the right to punish the offender, if I am a criminal you have a right to punish me, and send me to the circuit court, but if I am as innocent as the angels of heaven, you have power to send the prosecutor to trial if crime is proved against him. They have no merit in their cause, I want to show up their conspiracy, that these men are working their basest corruption, they have lifted up their hands against innocence; you have power to hear the petitioner on his oath. I will show you a precedent. Look at the federal court of this district; the case was made out by affidavit, which I swore to before the court.

The habeas corpus is granted on the testimony of the petitioner, it is the law in Blackstone, that where no other matter is in existence, and the prisoner swears he is innocent, and his character for truth is supported by good testimony he must be discharged, and then goes away as free as the proud eagle. If I have the privilege of testimony under oath, to the facts that they make slander of, then they cannot do anything with it. Suppose that I am an eye witness to the crime of adultry [adultery], or any other crime, and know verily for myself, that the man is guilty of adultry [adultery], or other crime, and I speak of it, the man may sue me for damages although I know the man to be guilty, but if I swear in a court, he cannot hurt me. If I have the privilege of giving testimony under oath, they can never do any thing with me, but if you discharge me on the insufficiency of the writ; they can prosecute me again and again, but if you give me a fair hearing they cannot prosecute me again; I want the oath to go to the world; I must make statements of facts in order to defend myself. I must tell the story in its true light, under oath; then I can be forever set free; may I not have the privilege of being protected by the law? The peace of myself, my family, my happiness, and the happiness of this city depend upon it.

The court allowed him to proceed with the case.

Mr. Stiles said, This is a malicious prosecution, and we have averred that it is malicious, and have a right to prove it. There is an insufficiency in the writ, the writ did not show that any crime had been committed, and we can show that we are not guilty of any plea in the case; there is no charge or case against us; the whole matter is corrupt, and malicious and wicked.

Joseph Smith sworn-Said, I must commence when Francis M. Higbee was foaming against me, and the Municipal Court, in my house.-Francis M. Higbee said he was grieved at me, and I was grieved at him. I was willing on my part to settle all difficulties, and he promised if I would go before the City Council and tell them he would drop every thing against me forever. I have never mentioned the name of Francis M. Higbee disrespectfully from that time to this; but have been entirely silent about him; If any one has said that I have spoken disrespectfully since then, they have lied: and he cannot have any cause whatever. I want to testify to this court of what occurred a long time before John C. Bennet left this city. I was called on to visit Francis M. Higbee; I went and found him on a bed on the floor.

[Here follows testimony which is too indelicate

for the public eye or ear; and we would here remark, that so revolting, corrupt, and disgusting has been the conduct of most of this clique, that we feel to dread having any thing to do with the publication of their trials; we will not however offend the public eye or ear with a repetition of the foulness of their crimes any more.]

Bennet said Higbee pointed out the spot where he had seduced a girl, and that he had seduced another. I did not believe it, I felt hurt, and labored with Higbee about it; he swore with uplifted hands, that he had lied about the matter. I went and told the girl's parents, when Higbee and Bennet made affidavits and both perjured themselves, they swore false about me so as to blind the family. I brought Francis M. Higbee before Brigham Young, Hyrum Smith and others; Bennet was present, when they both acknowledged that they had done these things, and asked us to forgive them. I got vexed, my feelings had been hurt; Higbee has been guilty of adulterous communication, perjury, &c.; which I am able to prove by men who heard them confess it. I also preferred charges against Bennet, the same charges which I am now telling; and he got up and told them it was the truth, when he pleaded for his life, and begged to be forgiven; this was his own statement before sixty or seventy men; he said the charges were true against him and Higbee. I have been endeavoring to throw out shafts to defend myself, because they were corrupt, and I knew they were determined to ruin me; he has told the public that he was determined to ruin me; he has told the public that he was determined to prosecute me, because I slandered him, although I tell nothing but the truth. Since the settlement of our difficulties, I have not mentioned his name disrespectfully; he wants to bind up my hands in the circuit court, and make me pay heavy damages for telling the truth. In relation to the conspiracy, I have not heard Francis M. Higbee say he would take away my life; but Chauncy Higbee, Charles A. Foster and Dr. Foster said they would shoot me; and the only offence [offense] against me is telling the truth. I did say that Dr. Foster did steal a raw hide, I have seen him steal a number of times; these are the things that they now want to ruin me for; for telling the truth. When riding in the stage, I have seen him put his hand in a woman's bosom, and he also lifted up her clothes. I know that they are wicked, malicious, adulterous, bad characters; I say it under oath; I can tell all the particulars from first to last.

Brigham Young, sworn, With regard to Francis M. Higbee, at the time that is spoken of, I stopped opposite Mr. Laws' store, we had been conversing with Dr. Bennet when I came into the room, Francis Higbee rather recoiled and wished to withdraw; he went out and sat upon a pile of wood. He said it is all true, I am sorry for it, I wish it had never happened. I understood Bennet who related some of the circumstances, he cried and begged of us to forgive him, and said if he could be permitted to stay in the city as a private individual he should be happy; that was about what he said; its true, I am sorry for it I wish it had never been so; as we came up, Dr. Bennet, Mr. Higbee, and Mr. Smith, had been talking about it, I have not mentioned it before, I knew of the whole affair, it was on the 4th of July, or a few days after-it was shortly after I came from England. I was in the City Council when Mr. Higbee said all was settled.

Cross-examined:-I have heard Dr. Bennet say all these things were facts; he acknowledged that Higbee has the--- and that he had doctored him, he acknowledged that, and a great deal more.

I will make one statement in our conversation with Dr. Bennet. I told Dr. Bennet that one charge was seducing young women, and leading young men into difficulty-he admitted it-if he had let young men and women alone it would have been better for him.

Sidney Rigdon, sworn, In relation to the matters before the court I am unacquainted with I was sick at the time but I have heard it talked of back and fro.

Cross-examined:-I recollect Joseph Smith came to me with a complaint against Higbee and Bennet, and made affidavit that it was true; I have the affidavit in my house. I went to see Higbee on last Saturday, I found him at Mr. Morrisons-he was waiting for a steam boat-I endeavored to prevail on him to relinquish his undertaking; he said I have no character in Nauvoo, for I have none to lose, I tried to convince him that he had character and might be looked upon with respect, but he flatly contradicted me, and said he had none, and that was the reason why he persecuted Joseph Smith-as he had no character, he did not care what he did-he had nothing to loose by it-that is the substance of our conversation.

Hyrum Smith sworn,-I recollect a settlement of difficulties between Francis M. Higbee and my brother Joseph, about which some of the court may recollect. I recollect Dr. Bennet asking forgiveness of the lodge when there was about sixty present-Francis M. Higbee acknowledged that it was the truth, that he was sorry, and had been a thousand times; he acknowledged his connection with the woman

on the hill; I did think he was with Dr. Bennet at the time, the statement of Bennet was, that he was guilty, he was sorry and asked forgiveness, he said he had seduced six or seven, he acknowledged it, and said if he was forgiven, he would not be guilty any more. Francis said he knew it was true, he was sorry and had been a hundred times; the very things we had challenged him with, he acknowledged. I told Francis that it had better be settled he said, Joseph had accused him-if his character was gone all was gone, he said he would settle it and they went into the room, he did not deny any charge, he said he was sorry, that he wanted it buried, and it was agreed to do so. Francis did not say any thing about his sickness, but Dr. Bennet made those observations to him that he had doctored him in the time of his sickness.

Cross-examined-I asked Francis if he did not tell Dr. Bennet that he had seduced a girl, he replied, I told Dr. Bennet that I did seduce her, but I tell you that I never did it; I told him so for my own notion of things; I do not recollect of him saying [that he had got a bad disorder with the French Girl] he said he should not have been seduced, if it had not been by Dr. Bennet, when charged with them, Francis said they were true; that they were alledged [alleged] a hundred times; he said "I will alter, I will save my character." I have never heard from brother Joseph any thing about his character, Joseph did not accuse him of any thing before the police; he said Francis had better take care, Francis was a little dissatisfied, but that difference was settled; I was present; he said he would not receive any thing again from abroad; he would not take any steps by hearsay, he would come to him and tell him, there were several present when this took place.

Porter Rockwell sworn-he recollected the conversation but not very distinctly, but he did recollect that Francis M. Higbee acknowledged to Joseph Smith that he was guilty of the charges preferred against him.

Court adjourned for one hour and a half. Court met.

Mr. Wheelock, sworn:-with regard to this case I know nothing, but through a circumstance occurring at Nashvill [Nashville]. Elder Blakesly came to my house to preach, he preached and was upholding the authorities of the Church very much, he came over here and apostatized the same day; I then came over and went to see him, I asked him why he had changed his mind so quick? he said he had seen affidavits of the guilt of Mr. Smith, he told me Mr. Higbee was going about to the different conferences. I told him I thought he had better send some one else, his conduct was not the best and I know of circumstances that were not right. Once I was a mate on a Steam Boat, and Higbee was clerk, we had not much cabin; we had some females on board; I and another had given up our room to some ladies for the night; it was my watch, and I went into the cabin for my Buffalo Robe, about one o'clock in the night, when I saw him leaning over the berth where one of the ladies slept; this was in the night-and he had no business there, no gentleman had any right there; I gave up my berth to the ladies; I felt indignant at such conduct, his conduct towards the lady passengers was unbecoming, and particularly in one who professes so much virtue as he now does.

Joel S. Miles, sworn:-I have seen Francis M. Higbee go into rooms with females, but what their intentions were I did not know, I might have seen him two or three times; I think he has done that which is not right, I should judge from conversations with him, that was the case: I might recollect twenty times, he has frequently told me things of that kind, it is a private case to be sure-he has told me, that he had commenced an action against Joseph Smith for slander; I met Francis today, I asked him about the fuss, when he said that he had got Mr. Smith up for slander; he said he should not come here-but did not say why, I recollect the time that he was sick, when Dr. Bennet attended him, I went to see him nearly every day, I understood Mr. Higbee to say that he was prosecuting Mr. Smith for slander; that he was up before the Municipal Court, he told me he supposed I was wanted to prove that he was a thief, whoremaster, and every thing else.

H. J. Sherwood, sworn;-I have several times had conversations with Higbee; I recollect that near two years ago there was a fuss about John C. Bennets spiritual wife system before the High Council. I recollect a French woman coming up from Warsaw, and that Francis M. Higbee had medical assistance* * * * * Dr. Bennet attended him, Joseph Smith administered unto him but it was irksome; Higbee assented that it was so, he did not contradict it, he promised to reform-he would do better, he would do so no more.

Heber C. Kimball, sworn-I think it is near two years: I had some conversation with Francis M. Higbee, he expressed himself indignant at some things; he expressed himself that he was sorry, he would live a new life, he never would say a word against President Joseph Smith; he had an inclination to write that what he published was false. I exhorted him to go and recall what he had said. I afterwards

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 * * * *

[Here follows some expressions too indecorous for insertion.]

The aforesaid R. D. Foster, then asked me what I would think if during my absence from home a carriage should drive up to my house, a person alight, and the carriage than drive off again, this person should then go into my house and begin to tell my wife a great many things against me to prejudice her mind against me and use every possible means to do this, and finally would introduce and preach the spiritual wife doctrine to her and make an attempt to seduce her, and further this person should sit down and dine with my wife, bless the victuals &c, and while they were thus engaged, I should come home and find them thus associated; this person should rise up and say how do you do, and bless me in a very polite manner &c., and also, if upon these appearances, I should feel jealous that something was wrong and when the person was gone, I would ask my wife what had been the conversation between her and this person, but she would refuse to tell me. then draw a pistol and present it to her and threaten to shoot her if she did not tell me all, but she would still refuse. I then would give her a double barrelled [barreled] pistol, and say to her defend yourself, for if you don't tell me, either you or I would shoot. She would then faint away through fear and excitement, and when she came to again she would begin and tell you how this person had been trying to poison your wife's mind against you, and by preaching the spiritual wife system to her had endeavoured [endeavored] to seduce her. I replied I should think he was a rascal; but who has had such a trial as that? The said R. D. Foster answered that he was the man who had had that trial, and who had been thus abused.

The said Dr. Foster, Higbee and Joseph H. Jackson then remarked that they were about to hold a secret meeting to oppose and try to put a stop to such things. The said Joseph H. Jackson also said that if any person undertook to arrest him he should begin to cut them.

The said R. D. further said he was afraid of his life and dare not be out at nights.

The said Higbee said he had not a doubt but there had been men killed in Missouri who had had secrets that they were afraid to divulge.

He said he was afraid of his life.

The said Jackson further said that he should not be surprised if there should be a real muss and insurrection in the city in less than two months, and that if a disturbance should take place the Carthagenians [Carthaginians] and others would come and help them.

He mentioned some name of persons who would come from Carthage which names I do not remember. The same day when in Mr. Loomis' room. I heard the said Jackson say that the Laws were ready to enter into a secret conspiracy tooth and nail.

The said Higbee also said that while at the Key stone that if ever he was brought before the Mayor's Court again, and the Mayor told him again to hold his tongue, that he should get up and tell him he had a right to speak and should do so, and then if any man attempted to put him out of the court he would shoot them through and further this deponent saith not.

M. G. EATON.

Sworn and subscribed before me this 27th day of A. D. 1844.

DANIEL H. WELLS, J. P. [L. S.