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

d. Parker, deputy sheriff of Hancock co =, by whom
he held In custodyon capas ad respondendum,l Is
sued by the circuit court OF Hancock the first
day OF May, instant, to answer Francis M. Higbee
on 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
9TH OF May, instant, at the Mayors Council Cham.
Der, in said city, and show cause why said Joseph
Smith, Senior, should not be liberated on said
Witness my hand and seal of Court, this sixth
day of May, 1874.
[SRAL.1 WILLARD RICHARDS,
CLERK, M. c., c. N.
The abov. trial is deferred until Wednesday the
sth instant, at 10 o'clock, A. M;
have served the within, by reading TO the with.
in named Francis M. Hgbee.
JOHN d. PARKER, Constable.
Mr. Hgbee did not appear either by himself OF
counsel.
Mr.. J p. STILES thsn said that the petition and
papers have been read in your hearing; Is petit
ton for an habeas corpus on the grounds-lst
the insuffcency of the writ, and other causes as
signed. The insufiicency OF the writ, is sufficient
to discharge the prisoner, 1t is the privilege and
option of this court il the writ is invalid. 1t is
the privilege of the prisoner to have all the matters
investigated, IN order to prove that the prosecutor
Is joined in with other persons in a conspiracy TO
take away MIR. Smiths life. Although 1t Is compe-
tent tor the court to discharge account OF the
nation into the matters, III order that all may be
understood. All warrants should disclose the'crimes
known to the court, 80 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 to Francis nj. Higbee the sum OF five
thousand dollars, or anything; there Is no action
beating, or SANDER, or what other crime, SO that
the damage of five thousand dollars might be
known tor what it is The writ is void for want
OF substance and form; all who are familiar with
is indefinite; no charge defined. II we are not re-
leased we shall be released the circuit court
account OF the nsufiiciency, but we are now willing
to investigate the merits of the case. Weknow no
thing but from information from other sources, and
we want this court TO determine whether we are
held 10 any charge to Francis M. Higbee we have
given him notice to attend here; if he has any
cause to keep him here, 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 1t there is no ordinance against the pri-
soner taking his oath it is within the province OF
the court to do so 1t Is the privilege OF the court IN
any to hear the plaintiff in any cause law is
founded on justice; there can no iniquily arise
from any thing In this matter
SIDNEY RIaDoN said, it has been truly stated th at
this court has nothing before it on which 1t can
in custody within the province of yoor honor
those papers have been read, but they disclose no
crime, no guilt there are no merits to try, they
present no -meritorlous cause OF action, they do
not present the prisoners guilt in any form what
ever; what are the merits Shall we try him for
horse stealing, burglary, arson, or what? You shall
hear the merits II you can lind them out; then the
court has power to try is 1t burglary, arson or
something else p! What Is the point to try! Those
papers know no crime, this court knows no crime,
there is no merits, no existence OF any thing, 1t is
igntls tatuus, will wisp; to arrest somebody
for doing nothing; to have the privilege OF trying
a law suit about nothing the court never says
Francis NJ Higbee ever preferred any thing, II
there can any merits be Matched up, we will try it.
j. SMITH was SATISFIED that this thing can be
brought to trial; 1t appears am prisoner, and by
the authority OF the circuit court petltioned this
court tor hearlng am prisoner, and aver that II
is malicious prosecution, and wicked conspira-
cy, got up by tor the purpose OF harrasslng me,
and decoying me into their hands. ! want to show
that this man has joined set OF men, who have
entered into a conspiracy to take away my lie
After hearing the case, you have power TO punish
lmprlsOn, or fine any thing you please have
a right to punish the offender; if am crImlna
you have right to punish me, and send me to the
circuit court; but II am as innocent as the angels
OF heaven, you have power to send the prosecutor
to trial, II crime approved against him. They have
no merit IN their cause; want to show up then
conspiracy, that these men are working the bass s,
corruption; they have lifted up therahands against
innocence; you have power TO hear The petitioner
on his oath. will show you precedent Look
at the federal court of this district; the
made out by affidavit, which l swore to before the
court. The habeas corpus granted the testimony
OF the petitioner; 1t is the law in Blackstone, that
where no other matter is In existence, and the prl
soner swears he is innocent, and his character tor
truth Is supported by good testimony, he must be
dis charged, and then goes away as tree as the
proud eagle. If have the privilege OF testimony
under oath, to the facts that they make SANDER OF,
then they cannot do any thing with It, Suppose
that ! am an eye witness to the crime OF adultery
or any other crime, and know verify for myself,
that the man is guilty of adultery, other crime,
and speak of it, the man may sue me for dana
ges, although know the man 10 be guilty, but il ]
swear TO 1t in court, he cannot hurt me. 1t ]
have the privilege of giving testimony under oath,
they never do any thing with me; but if you
discharge me on the nsuffclency OF the writ, they
me fair hearing, they cannot prosecute me again;
| want the oath to 60 to the world must make
statements OF facts, in order to defend myself
must tell the story in Its true light, under oath
privilege of being protected by law =? The peace
OF myself, my family, my happiness, and the hap
Piness of this city depend upon it.
The court allowed him to proceed with the case
Missiles sald-This is malicious prosecution,
and we have averred that it is malicious, and have
a night TO prove 1t. There Is an lnsufficlency in
the writ the writ did not show any crime had
been committed, and we can show that we are moi
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-Sad, must commence
when Francis M. Higbce was foaming against me,
and the Municipal Court, in my house. Francis
M. Hgbee said he was greved at me, and was
grieved at HIM. / was willing, on my part, to set
tie all difficulties, and he promised if | would go
before the City Council, and tell them, he would
drop every thing against me forever. | have never
mentioned the name of Francis M Higbee, disre-
spectfully, from that time to this; but have been
entirely silent about him; if any one has said that
have spoken disrespectfully since then, they have
lied: and he cannot have any cause whatever. ]
want to testify TO this court of what occurred a
long time before John G. Bennett left this city. |
was called on to visit Francis M. Higbee went,
and found him on a bed on the floor
Here follows testimony which is too indicate
for the public eye or ear and we would here re-
mark that revolving, corrupt, and disgusting has
been the conduct of most of this clique, that we
feel to dread having any thing to do with the pub
LEGATION of their trials: we will not, however, Of
fend the public eye or ear with repetition OF the
foulness Of their crimes any more
Bennett said Higbee pointed out the spot where
he had seduced girl, and that he had seduced
: -. - kalt hrrt ID Ia.