The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-06-27


life but Chauncy Higbee, Charles A. Foster and
DR.. Foster, said they would shoot me and the
only offence against me, is telling the truth. did
| say that DR.. Foster did steal raw hide l have
seen him steal number of times these are the
things that they now want to rum me for for
telling the truth When riding in the stage, have
| seen him put his hand in woman's bosom, and
he also lifted up her clothes. know thai they are
wicked, malicious, adulterous, bad characters |
say 1t under oath l can tell all the particulars
from first to last
BRIGHAM YOUNG, sworn,-With regard to
| Francis NJ Hisbee the time that Is spo-
ken of, / stopped opposite Mr.. Laws store
| we had been conversng with DR.. Bennett when !
came into the room; Francis Higbee rather recoiled
a pile of wood. He said ii is all true, am sorry
for it; wished il had never happened. under
stood Bennett, who related some OF the cIcum-
stances;he criedand begged OF forgive him, and
said if he could be permitted 10 stay the city
| a private individual he should be happy that was
about what he said it is true, am sorry tor it,
wish 1t had never been So; as we came up, Dr.
talking about II (; have not mentioned 1t before /;
| knew of the whole affair; it was on the 4th OF
July, or few days after; it was shortly after |
| came from England. l was in the City Council
when Mr.. Hgbee said all was settled.
| Gross examined. i have heard DR.. Bennett say
| all these things were facts he acknowledged tina
Higbee had the -, and that he had doctored
/ u
| | will make one statement In our conversation with
| Dr. Bennett. | told DIR. Bennett that charge
! was seducing young women, and leading, young
men into difficulty; he admitted 1t II he had let
young men and women alone, 1t would have been
better for him.
| SIDNEY RIGpoN sworn in relation to the mat
| tiers before the court am unacqualnted with was
sick at the time, but have heard II talked OF back
and fro.
Gross eran,imed- recollect Joseph Smith came
to me with complaint against Higbee and Bennett,
and made affidavit that 1t was true have the af-
| davit in my house. | went to see Hlgbee on last
Saturday found him at MIR. MOrrsons; he was
| waiting for steamboat; | endeavored to prevail
| on him to relinquish his undertaking; he said /
/ have no character in Nauv0O, tor have none to
| lose l tired to convince him that he had charac
| ter and might be looked upon with respect, but he
| fatty contradicted me- and said he had none, and
that was the reason why he prosecuted Joseph
smith /; as he had no charac ter, he did not care
what did; he had nothing to lose by 1t; that is
the substance OF our conversation,
| HYRAM SMITH, swOrn.-l recollect a settlement
! of difficulties between Francis Nj. Hlgbee and my
brother Joseph, about which some of the court
may recolect. | recollect DR.. Bennett asking tor
glveness Of the Lodge when there was about
sixty present; Francis IS. NJ ,b hsS bee, a S
sorry. and had been a thousand times !;
he acknowledged his connection with the wo
man on the hill; did think he was with Dr. Ben
net at the time; the statement Of Bennett was that
he was guilty; he sorry and asked forgiveness;
/ he said he had seduced SIX or seven; he acknOw-
lodged it, and said if he was forgiven, he would
| not be guilty any more. Francis said he knew 1t
was true, he was sorry and had been hundred
times; the very things that we had challenged him
with, he acknowledged. | told Francis that il had
better be settled he said, Joseph had accused him
if his character was gone all was gone; he said ne
would settle it and they went into the room; he did
deny any charge; he said he was sorry; that he
wanted it buried, and 1t was agreed 10 do So
Francis did not say any thing about his sickness,
but Dr. Bennett made those observations to HIM that
| no had orpdh m
| Cross.eramined-l asked Francis If he did not
tell DR.. Bennett that he had seduced girl; he repi-
ed, told DR.. Bennett that did seduce her, bat /
tell you never did 1t; told him SO Tor my own
notion Of things 1 do not fecoliect of him saying
that he had got bad disorder with the French
girl; he said he should not have been seduced, IT 1t
mad not been by DIR. Bennett; when charged with
them, Francis said they were true; that they were
| alleged hundred times; he said " will alter; /
will save my character 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; Fran
els was little dissatisfied, but that difference was
| settled | was present; he said he would not re-
| celve any thing again from abroad he would moi
axe any steps by hears say he would come to HIM
and tell him; there We're several present when this
| took place.
PORTER ROCKWELL sworn-He recollected the
conversation but not very distinctly but he did re-
collect that Francis M. Higbee acknowledged 10
Joseph Smith that he was guilty OF the charges pre-
ferred against him.
Court adjourned tor one hour and q halt.
COURT MET.
Mr.. WHEELocK sworn-With regard to this case
| know nothing, but through circumstance occur
ring at Nashville. Elder Blakesly came to my
| house to preach; he preached and upheding
| the authorities of the church very much he came
over here and aposatzed the same day; then came
| over and went to see him; asked him why he had
changed his mind so quick He said be had seen
afidavits of The guilt OF MI Smith; he told me Mr.
| Higbee was going about TO the different confer
ences. | told him thought he had better seno
| some one else, his conduct not the best and
knew of circumstances that were not right Once
/ was a mate on a steamboat, and Higbee was
| clerk; we had not much cabin; we had some fe-
males on board; / and another had given up our
room to some ladies for the night; 1t was my watch
| and went into the cabin for my Buffalo robe
about o'clock IN the night, when saw him
leaning over the berth where one OF the ladies'
slept; this was in the highland he had no bust
| ness there gentleman had any right there; !
gave up my berth to the ladies'; felt indignant at
such conduct; his conduct towards the lady passen
gers was unbecomlng, and particularly In one who
processes much virtue as he now does.
| JOEL. S. MILES, sworn I'll have seen Francis M.
Higbee go into rooms with females, but what their
Intentions were did not know; might have seen
him two or three times; / think he has done that
| which is not right; / should judge from conversa-
tons with him, that the case; Ipresume he has
| good many times; Knight recOllect twenty times;
he has frequently told things of that kind it is
| private case to be sure-he has told me, that he
had commenced an action against Joseph Smith
for SANDER; met Francis today; asked him about
the fuss, when he said he had got Mr.. Smith up for
| ISLANDERS he said he should not come here-but did
not say why; recolect the time that he was sick,
when DIR. Bennett attended him; went to see him
nearly every day; understood MIR. Hgbee to say
that he was prosecuting Mr. Smith for SANDER; that
he was up before municipal Court; he told me he
supposed was wanted to prove that he was a thief
whoremaster, and every thing else
| II. J. SHERWOOD, sworn-I have several times
had conversations with Hgbee; / recolect that
near two years ago there was fuss about John c.
Bennet's spiritual wife system before the High
Council. recollect French woman coming up
| from Warsaw, and that Francis M. Higbee had me-
dica assistance y 800 DR.. Bennett attend
ed him; Joseph Smith administered unto him but
it was irksome; Higbee assented that it so he
did not contradict it; he promised to reform; ne
would do better; he would do 80 no more.
Heller @. KfMBALL, sworn-l think it is near
two years; had some conversation with Francis
H,ohee. hs svnra saed him indi oov,e