The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-06-27
INTERESTING FROM NAUvoo.
Cry OF NAUvoO, May IS, ISf

We take pleasure In an announcing ~ TIC s"i'.''
abroad that Nauvoo continues to flourish, anu .he
little one has become thousand. Quite number
OF splendid houses being erected, ana the en-
pie is rapidly lnsq hoye nsxt Winter
closes in upon us, the toP-stone VIII nave Deeh
raised, and the building inclosed
The saints continue to hock together from an
parts of this widespread CONTINENT and from the
Islands of the sea. Three ships company have
arrived this spring from England, and are now re-
joicng in the truths OF the ever lasting gospel
The prophet is in good health and spirits, and UNI
weared in his anxiety and labors TO instruct the
saints in the things of God and the mysteries OF the
kingdom OF Jesus Christ. Indeed, we may truly
say that those who come to scott, remain to pray
Many have come here filed with prejudice and
strange anticipations, but have been convinced
that report is false with her thousand tongues, and
have almost invariably left testimony behind
them. Instead of finding Mr.. Smi h the cunning,
crafty and iiliterate character that ne mad been re
presented to be- they have found IN him the gentle
man and scholar; frank open, generous, ana brave.
alone that can appreciate his virtues and ms talents
While his face is set as flint against nqulty from
every quarter while the cries OF the oppressed ever
reaches his heart, and his hand Is ever ready TO
alleviate the sufierings of the needy:
few artless Williams can always be found who
are watching for his downfall or death, but the
Lord has generally caused them iali INTO their
prospered. One or two disahected individuals
have made an attemptto spread dissension, but II
is like tale that IS merely told and VIII soon
III.
calculated to scatter desoation around, but we are
credibly informed by person who attended their
first meeting that there was much difficulty In rals-
ing committee of seven Tor there was some OBJ,
lection to Father -, but as none could be found
to fill the vacuum, he constituted one OF the seven
stars
MUNICIPAL COURT.
Cry OF NAUvoo, ILLINOIS,
Third day, Regular Term, May 8, 1874
Before Alderman N. X. Whitney, acting Chief
Justice; and Aldermen Daniel II: Wells, William
Marks, Orson Spencer, George w. Harris, Gusta-
vus Hills, George A. Smith and Samuel Bennett,
Associate Justices, presiding:
Ex-PARTE, JosEpst SMITH, Sen ON HA BE- SOB Cor
pUs Messrs. Stiles ~ Rigdon, counsel tor smith
This case came before the Court upon return
to writ of habeas corpus, which was Issued by
this Court on the 9th Of May, instant, upon petit
tone Joseph Smith, s e9,v as oE ol MSyIoos
Iothe Honorable Municipal Court IN and for
the City of NaMuoo:-
The Undersigned, your petitioner, most respect;
fully represents that ne Is an ihs o. b sa
under arrest in said city, and IS now IN the CUSTODY
Of one John D. Parker, deputy sheriff OF the coun;
" Of Hancock, and State OF Illinois; thst tne ssd
Parker holds your petitioner by virtue OF wrtor
5"capas ad respondendum,' issued by the clerk OF
the circuit court, of the county OF Hancock, and
State OF Illinois, at the instance OF one francis M
Higbee, of said county, requiring your petitioner
to answer the said Francis M. Hlgbee, ''of plea
of the case" damage five thousand dollars; your
petitioner further represents that the proceedings
arrest is informal, and not Of that character which
the law recognises as valid, that the SAID writ Is
wanting and deficient In the plea therein contain
ed; that the charge or complaint winch your peu-
TONER is therein required to answer, ls not known
to the law. :,
Your petitioner fn rther AYERS 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 copy OF the said warrant OF arrest
which is hereunto attached. ;.
Your petit oner 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 !han de-
sire to ana FEELINGS Of
which, without any cause the said Francis MI. ing
bee has for long time been fostering ana cner-
ishing.
Your petitioner further states that he is not gull
~ of the charge preferred against him, or OF any
act against him, by whlch the SAID francis M. Zig
bee could have any charge, claim or demand WHAT
ever, against your petitl0ner
Your petitioner further states, that he verify be-
lieves that another object the said r. NJ dlgpee
had in nstituting the proceeding, was, ana Is, 10
throw your petitioner into the hands OF MS enehcs
that he might the better carry out 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 wOu d therefore most Respectfully
ask your honorable body, TO grant him the beneh'
of the writ of habeas corpus, that the whole mat
ter may be thoroughly investigated, and such order
made, as the law and justice demands in the premi
ses, and your petitioner will ever pray.
JOSEPH SMITH, Sen.
Nauvoo, May 6, 1874.
STATE OF ILLINOIS, City Of Nauvoo. Set -
The people of the State of Illinois: To the Marshal
Of said Cuy-Greetixg.
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,
custody tu cbar
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, it is said, to-
gether with the day and cause Of his caption and
detention, by whatsoever name tine 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 be-
half and further, if the said John ID. Parker other
person or persons, having said Joseph, Smith, Sc
NOR, of said city OF Nauvoo, IN custody, shall re-
fuse or neglect to comply with the provisions of this
writ, you the Marshal Of said CITY, or other person.
authorized to serve the same, are hereby required
TO arrest the person or persons 30 refusing neg
lecting to comply as aforesaid, and bring him or
them together with the person 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 MUM
cIpal court at Nauvoo, the 9th day of Nav in the
year of our Lord, one thousand eight hundred and
torty-four. WILLARD RICHARDS,
Clerk, M. c., C. N.
hold the within named Joseph Smith, Senior,
under arrest, by virtue of capius ad Respondent
dunn.
Hancock Cvcut'Cowt. To May Term, n, ID.
1874 Francis M. Higbee, Us. Joseph Smith
The day of his caption, May 9th, 1914 To da
mage, five thousand dollars.
- VIM. BAcKENsTos, s. II. G.
BY j. ID. PARKER, ID. s.
STATE OF ILLINOIS, Hancock County, ss.-The
People ofthe State of Illinois To the sheriff of said
county-Grsetiag.
We command you that you take Joseph Smith, |
Il to be found within your county, and him safely |
keeps that you have his body before the circuit
court Of said county of Hancock, on the first day
., inc csr,hss ereof, TO De holden az the court
Iaonth OF May, instant, to answer Francis M. Hig- |