State of Illinois)

City of Nauvoo)

Hyrum Smith. W[illiam] W Phelps, O. P. [Orrin Porter] Rockwell, Joseph W. Coolidge, Stephn Markam [Stephen Markham], D. H [David Harvey] Redfield John Lytle & D[imick] B. Huntington on Habeus corpes

June 13th 1844.

1Docketing suit $ [.]12½

Habus Corpes .50

Servic[e] on H. C. .27½ <​.55​>

Subpoena .25

se[r]vice on Subpo[e]na .30

3 witnsses fees 1.50

Swearing 2 witness .12½

Justices fees 7.75

Entering Final Judgt [.]25

11.35½

Exceution— .25

11.60

Marshal attendig cout 1

12.60

<entering return 12½

Marshall’s service [.]50

13.22½>

This

This day came Hyrum Smith. W W. Phelps. O P. Rockwell Joseph W. Coolidge. Stephen Markham, D. H. Redfield John Lytle & D. B. Huntington before the court and upon the reading and filing the petition for a writ of Habus corpus to be dircted to one David Bettisworth. to have the Bodies of said Petitione[r]s before the court. The court ordered a writ of Habeus corpus to be granted according to the payes [prayers] of the petitioners Subpoena issued.

Habus corpus served by D. B. Huntington H. C. [high constable]— and retur[ne]d theron the prisoners before the court, all on file. David Bettisworth Made his retu[r]n on the copy of the warrant form— [Thomas] Morrison. J. P. all on file.

W. W Phelps read Kents [James Kent’s] commentaries p. 26.— Cou[r]t gave leave to amend the writ and insert the names of John Taylor. J. P. Green [John P. Greene]. Levi Richards. Stephen Perry J[onathan] H. Holmes, J[onathan] Dunham. S. Bennet [Samuel Bennett]. & W W. Edwads [William H. Edwards]

Counsellor G[eorge] P. Stiles read. [William] Blackstone. 4. 6 page 4. vol 2.

The Resolution of the City Council declaring the printing Establishment of the Nauvoo Expositor a as Nuisance was read.

The order of the Marshal <​Mayor​> to the Marshal to Execute the resolution of the council— and also, of the Lieut General’s order to the Major General to assist the Marshal in de[s]troying Said Press.— W W Phelps spoke in his defence.

J. P. Green, Marshal, <​Adison Evertt [Addison Everett]​> Sworn, was present at the destru[c]tion of the Printing establishment of the Nauvoo Expositor on the 10th inst by order of the marshal.— Marshal calld upon the people to keep quiet and make no noise. All was done qu[i]etly, the prosecutors Made more noise than all the rest of the company. and threatened a total overthow of life and propety in this place within 10 days—

James Jackson. sworn. confirmd previous testimony, never saw business done with less disturban[c]e in his life.—

Present Joseph Smith Chief justice. Wm Marks, N. K. Whitny [Newel K. Whitney], Geo W Harris Gustavus Hills and Elias Smith associate Justices,

After hearing the testimony in the above case the court ordered that the petitioners Hyrum Smith, W. W. Phelps, O. P. Rockwell, Joseph W. Coolidge, Stephen Markham, D. H. Redfield, John Lytle, D. B. Huntington, John Taylor, J. P. Green, Levi Richards, Stephen Perry, J. H. Holmes, J. Dunham S. Bennett, and W W. Edwards be, Jointly and Severally, honorably discharged from the accusations and arrest and that they go hence without day, that said suit was institutd on complaint of Francis M. Higbee through Malice. p[r]ivate Pique & corruption and that said Higbee pay the costs.—

<​June 13th/44​> Excution issued <​vs. F. M. Higbee​> on complaint demand of J. W. Coolidge $11.60 <​12​.60>— To J. P. Green, Marshal.

“November 4. 1844. Execution returned “no property found” and also this execution came to my hands since the death of John P. Greene former Marshall of said City of Nauvoo & after the proper return day of the same”

J[onathan] C. Wright C. M. [city marshal]”

February 10. 1845 The clerk drew on the Treasurer for the above fees amounting to 13.22½ [23 lines blank]