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The New York herald. [volume] (New York [N.Y.]) 1840-1920, June 27, 1844, Image 1

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Vol. X., No. ITS?WhoU N*. 177(1.
INTERESTING FROM NADV0b7~
City of Nauvoo, May 15, 184-1.
We take pleasure iu an announcing to the saints
abroad that Nauvoo continues to flourish, and the
Utile one has become a thousand. Quite a number
ot splendid houses are being erected, und the I ernple
is rapidly progressing; insomuch that there is
one universal expectation, that belore next winter
closes in upon us, the top-stone will have been
raised, and the building inclosed.
The saints continue to flock together from all
parts of this wide-spread continent, and from the
_i _.i.. ?r coa Three shins' comnanv have
JZIclIiUB U| IUC BV.U. -- , - 1 J .
arrived this spring from England, and are now rejuicing
in the truths of the everlasting gospel.? )
The prophet is in good health and spirits, and un'
weaned in his anxiety and labors to instruct the
T saints in the things ol (rod and the mysteries of the
kingdom of Jesus Christ. Indeed, we may truly
say that those who come to scoti, remain to pray
Many have come here tided with prejudice and
strange anticipations, but have been convinced
that report is false with her thousand tongues, and
have almost invariably left a testimony behind
them. Instead ot finding Mr. Smi h the cunning,
oralty and illiterate character that he had been re
presented to be, they have found inhim the gentleman
and scholar; frank,open, generous, and brave.
But it is his tmmediute connexions and associates
alone,that can appreciate his virtues and his talents.
While his face is set as a flint against iniquity trom
every quarter, while the cries of the oppressed ever
reaches his lioart, and his hand is ever ready to
alleviate the suflerings ol the needy.
A few artless vidians can nlways be found who
Are watching for his downfall or death, but the
Lord, has generally caused them to full into their
own pit, and no weapon formed against him lias
prospered. One or two disaffected individuals
nave made an attempt to spread dissension, but it
is Jike a tale that is merely told and will soon
be forgotten. It was lirst represented as a monster
calculated to scatter desolation around, but we are
credibly informed by a person who attended their
first meeting that there was much difficulty in raising
a committee of seven, for there was some objection
to Father , but us none could be found
to fill the vacuum, he constituted oue of the seven
stars.
MUNICIPAL COURT.
City of Nauvoo, Illinois, )
Third day, Regular Term, May 8, 1844 $
Before Aldenaan N. K. Whitney, acting Cnief
Ju?ttee; and Aldermen Daniel H. Wells, William
Marks, Orson Spe-ncer, George W. Harris, Gustavus
lltlls, George A. Smith and Samuel Bennet,
Associate Justices, presiding.
Ex-Parts, JuskpIU Smith, Sen ,on Habeas Corpus.
Messrs. Stileu <te ltigdon, counsel for Smith.
This-case came btffore the uourt upon a return
to a writ of habeas corpus, which was issued by
this Court on the 6th ot May, instant, upon a petition
of Joseph Smith, Sen., as follows:
STJttJS OF ILLINOIS, CITY OF NAUVOO-Sct.
To the Honorable Municipal Court in and for
the City oj Nauvoo:?
The undersigned, your petitioner, most respectfully
represents that he is an inhabitant of 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 titate of Illinois; that tne said
Parker holds your petitioner by virtue of a writ or
"capias ad respondendum," issued by the clerk ot
the circuit court, of the county ot Hancock, and
State ot 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 informal, and not of that character which
the law recognises 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 discloss in any way or manner whatever,
any cause of action, which matter your petitioner
most respectfully submits fir your consideration;
together with a copy of the said warrant of arrest
v wnich is hereunto attuched.
f Your peti'iiner further states that this proceeding
has been instituted aga-inst him without any just or
legal cause; and further that the said Francis M
i. hi/ no other motive than a de
sire to persecute and harrass your petitioner, tor
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 hitn, or ot 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
{brow your petitioner into the hands of his enemies,
tliat he might the better carry out a conspiracy
which has for some time been brewing agaiiiHt the
life of your petitioner.
Your petitioner further states that the suit which
h is been instituted against him hus been instituted
through malice, private pique, and corruption.
Your petitioner wou d therefore moat respectfully
ask your honorable body, to grant him the bench'
of the writ of habeas corpus, tlmt the whole matter
may be thoroughly investigated, and such order
made, as the law and justice demands in the premises,
and your petitioner will ever pray.
m Joseph Smith, Sen.
Nauvoo, May 6, 1844.
State op Illinois, City of Nauvoo. Set?
. 7he people of the State of lllinoit: To the Martha!
oj taid City?Greeting.
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.
n in the custody of John D. Parker, Deputy sherili
?? Hancock county, state aforesaid :
These are therefore to command the said John
V- t arker, 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, to.
gether 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. I'arker, or other
person or persons, having said Joseph Smith. Senior,
of said city ol Nauvoo, in custody, shall refuse
or neglect to conply 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 so 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 vou.
Witness, Willard Richards, Clerk of the Municipal
court at Nauvoo, the 6th day of Mav, in the
year of our Lord, one thousand eight hundred and
lorty-four. Wilxabd Richards,
Clerk, M. C., C. N.
I hold the wi'hin named Joseph ymith, Senior,
under arrest, by .virtue of a capias ad respondendum.
ISanro'k Circuit!Court. To May Term, A I).
1844 ?Francis M. lligbee, vt Joseph Smth.?
Toe day of his caption, May 6th, 18-14. To da
in?ge, live thousand dollars.
0> Wm. Hackbnstos, S. II. C.
Hy J.I). Park Kit, D. S.
Statk of lr.UNors, Hanrock County, si.?The
I'etyk of the State of lUinoit: To the thtriff oftnid
county?Ohratt in ftWe
command you that you take Joseph Smith,
if to be found within your county, and hnn safely
keep, so that you have his body before the circuit
court tof 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. IIighse,
of a,plea of the case; damage,the sum of five
thousand dollars, as lie sayg; and you have then
there this writ, and make due return thereon,
in what manner you execute the same.
Witness, J- B. Rackenstos, Clerk of said circuit
court, al Carthage, this first day of May, in the
year of our Lord, one thousand eight hundred
and forty-t#ur.
[Skal 1 J. B. Backrnstos, clerk
By D b. Head, Deputy,
The sheriff is directed to hold (he within named
d-feDdant to bail in the sum of five thousand dollars.
J. B. Bakesstos, Clerk .
By L). E Head, Deputy.
This is a true copy ol the original, now in the
possession of William B. Rackenstos, sheriff of
Hancock county. By J. D. Parker, Deputy.
?qs, Hancock County, > g.
wo 5
'Uplift?
<o lake notice that Joseph
d for a writ of habeas
I' Jourtof said city, pray roin
the custody of J.
mmammammmmaBmrnoBmBsssaBSsassBm
E NE
M
D. Parker, deputy sheriff of Hancock co , by whom
he is held lncustodyon acapia* ad respondendum,ia
sued by the circuit court of Hancock co , on the first
day ot May, instant, to answer Francis M. Higbet
on a pleuol lhtOIN| iVc.; which writ is grunted
and you will have the opportunity to appear before
the Municipal couit, at 10 o'clock, A. M., on tht
7th ot May, instant, at the Mayor's Council Cham
her, in said city, and show cause why said Joseph
Smith, Senior, should not be liberated on bait
habeas corpus.
Witness my hand and seal of Court, this sixth
day of May, 1844.
[Seal ] Wildard Richards,
Clerti, M. C., C. N.
The abovs trial is deferred until Wednesday,the
8th instant, at 10 o'clock, A M.
W. Richards, Clerk.
1 have served the within, by reading to the with
in named Francis M. Higbee.
John D. Parker, Constable.
Mr Higbee aid nut appear either by himselt ui
counsel.
Mr. J. P. Stilus ihsn said that the petition and
paiiers have been read in your hearing; it is a pen
lion for an habeas corpus on the grounds?1st
the insufficiency of the writ, and other causes assigned.
The insufficiency of the writ, is sufhciew
to discharge the prisoner, it is the privilege and
option of this court, if the writ is invalid. It it
the privilege of the prisoner to have all the mattert
investigated, in order to prove that the prosecutor
is joined in with other persons in a conspiracy to
take away Mr. Smith's life. Although it ?competent
tor the court to discharge on account of the
insufficiency of the writ, yet we want an examination
into the matters, 111 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 prisouer 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 M. Higbee the sum of five
thousand dollars, or anything; there is no action
specified; isit meant tor trespass, for mal-treaiing,
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. It we are not released,
we shall be released in the circuit court, on
account of the insufficiency,but we are now willing
to investigate the merits of the case. We know iic
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 uny
cause to keep him here, I Propose to bring in the
testimony of the prisoner; ne has averred certain
fuels; he is ready to make oath of it if your honoi
require it; there is no ordinance against the prisoner
taking his oath ; it is within the province ol
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 Riodon said, it has been truly stated that
iins court nas notiung neiore u on which u can
net; there is a prisoner brought into court who wut
in custody within the province of yo* honor;
those papers have been read, but they disclose nc
crime, no guilt; there are no nieriis to try, they
present no .meritorious cause of action, they dc
not present the prisoner's guilt in any form whatever;
what are the merits 1 Shall we try him foi
horse stealing, burglary, arson, or what 1 You shall
hear the merits it you can find them out; then the
court has power to try ; is it burglary, arson 01
something else 1 What is the point to try 1 Those
papers know no crime, this court knows no crime,
there is no merits, no existence ot any thing, it it
an if?nut fatuut, a will-o'wisp; to arrest somebody
foi doing nothing; to have the privilege ot trying
a Uw suit about nothing; the court never sayt
Francis M. Higbee ever preferred any thing, il
there can any merits be hatched up, we will try it.
J. .Smith was saustied that this thing can be
brought to trial; it appears 1 am a prisoner, and by
thcuuthoiity of the circuit C9urt. 1 petitioned thu
court for a hearing; 1 am a prisoner, and aver that n
is a malicious prosecution, and a wicked conspiracy,
got up by men tor the purpose ol harrassing me,
and decoying me into their hands. 1 want to show
that this man has joined a set ot men, who have
entered into a conspiracy to take away my life
Alter hearing the case, you have power to punish
imprison, or fine, or any thing you piease;you havt
a ngnt to punish the otiender ; if 1 am a criuiina
you have a right to punish nie, and send m? to tlit
circuit court; but it 1 am as innocent as the angel:
of heaven, you have power to send the prosecutoi
to trial, if crime is proved against him. l'liey havt
no merit in their cause; I want to show up then
conspiracy, that these men are working the basiai
corruption; they have lifted up theirfchands againsi
innocence; you have power to hear the petittotiei
on his oath. I will show you a precedent. Look
at the federal court ot this district; the case was
made out by ailidavit, which t swore to before the
court.The habeas corpus is granted on the testimony
ot the petitioner; it is the law in Blackstone, trial
where no other matter is in existence, and the prisoner
swears he is innocent, and his character toi
truth it supported by good testimony, he must be
dts hargeu, and then goes away as free as the
proud eagle. II 1 have the privilege of testimony
under oath, to the facts that they make slander ot,
then they cannot do any thing with it. Suppose
that 1 am ail eye witness to the crime of adultery,
or any other crime, and know verily (or myself,
that the man is gulty of udultery, or other crime,
and I speak of it, the man may sue me for dama
ges, although I know the man to be guilty, hut it I
swear to it in a court, he cannot hurt ni?. It 1
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, the)
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 ; 1 must make
statements of facts, in order to defend myself I
must tell the story in its true light, under oatli j
then I can be forever set free; may I not have tin
privilege of being protected by law 1 The peace
of myself, my family, my happiness, and the hap
piness of tuis city depend upon it.
The court allowed him to proceed with the case.
Mr.STn.is 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 wr?t; the writ did not Bhow any crime hat
been committed, and we can show that we nre no
guilty of any plea in the case ; there is no charge
or case against us; the whole matter is corrupt anc
malicious, and wicked.
Jossru Smith sworn?Said, I must commence
when Francis M. Higbcc was (naming Hgainst me,
and the Municipal Court, in my house ? Franco
ivl. lligbee said he was grieved at me, and I was
grieved at hun. I was willing, on my part, to settle
all difficulties, and he promised it 1 would go
before the City Council, and tell them, he would
drop every thing against me forever. I have nevet
mentioned the name of Francis M. lligbee, disrespectfully,
from that time to this; but have been
entirely silent about him ; if any one has said thai
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. lligbee; 1 went,
and found him on a bed on the lloor.
[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
ot 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 lligbee pointed out the spot where
he had seduced a girl, and that he had seduced
another. I did not believe it. I (elt hurt, and labored
with lligbee about it; he swore with uplifted
hands, that he hadflied about the matter. 1 went
and told the girl's parents, when lligbee 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, Ilvram 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 ; tny feelings had been hurt;
lligbee has been guilty ol adulterous communication,
perjury, iVc.; 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
beggpd to be forgiven ; this was his own statement
before sixty or seventy men he said the cliargec
were true against him nnd lligbee. I have been
endeavoring to throw out slialts to defend myself,
because they were corrupt, and I knew they were
determined to ruin me ; he has told the pabftc that
he was determined to prosecute ms, because 1
slandered him, although 1 tell nothing but the
truth. Since the, settlement of our difficulties, I
have not mentioned Ins name disrespectfully ; lie
wants to hind up my hands in the circuit court, and
make me pay heavy damages lor telling the truth.
In relation to the conspiracy, 1 have not heard
W Y O
IEW YORK. THURSDAY I
t Francis M Higbee say he would take away my ii
life ; but Chauucy Higbee, Charles A. Foster and t
l l)r. Foster, said they would shoot me; and the o
: only offence against me, is telling the truth. 1 did p
, buy that Dr. Foster did steal a raw hide; I have
: seen him steal a number of times ; these are the 0
: things that they now want to rum me lor; for
lellu.g the truth When riding in the stage, 1 have C
i seen him put In i hand in a woman's bosom, und c
I he also lilted up her clothes. 1 know that they are
wicked, malicious, adulterous, bad ehuruclers ; 1
i say it under oath ; 1 can tell ull the particulars
from first to last.
Hkigham Young, sworn,?With regard to '
Francis M. Higbee at the time that is Bpo:
ken of, 1 stopiatd opposite. Mr. Law's store?
we had been conversing with Dr. Beniiet when 1
MOW into the room ; Francis lligtiee rather recoiled
. .mil wished to withdraw : he went out and sat noon
it pile of wood. He said it is all (rue, 1 am sorry I
tor it; 1 wished it had never happened. 1 underr
stood Brunei, who related some ot the circum*tances;he
criedand begged ot us to forgive hiin,aiid
I said if tie could be permitted to slay in the city as
a private individual he should be happy ; that was
, about what he said; it is true, I am sorry tor it, i
wish it had never been so; as we came up, Dr
t Bennet, Mr. Higbee, and Mr. Smith, had been
I talking about it; 1 have not mentiom d it belore ;
i I knew of the whole affair; it was on the 4ili ol
i July, or a tew days utter; it was shortly alter 1
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 thai
Higbee had the , and that he had doctored
him ; he acknowledged that, and a great deal more
t 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 difhculty ; he admitted it; it he had let
; young men and women alone, it would have been
belter for him.
Sidney Ric.don, sworn ?In relation to tne matters
before the court I am unucquuinted with; I was
, sick at the time, but 1 have heard it talked of back
. arid fro.
Cross examined.?I recollect Joseph Smith came
to me with a complaint agaiust Higbee and Bennet,
and made alfidavit that it was true; I have the afii:
davit in my house. 1 went to see Higbee on last
Saturday; i found him at Mr. Morrison's; he was
i waiting for a steamboat ; I endeuvored to prevail
; on him to relinquish his undertaking ; he said 1
> have no character in Nuuvoo, for 1 have none to
I lose ; I tried to convince him that he hud a character
and might be looked upon with respect, but he
flatly contradicted me, and said he. had none, and
Willi WUB lilt* XCUBUU Wlljr IIC I'lUOCWU'CU .?uncJ'll
rimith; us he had no character, he did not care
i what he did; he had nothing to lose by it; that is
the substance of our conversation.
Hyram !*mith, sworn.?1 recollect a settlement
of dilliciilties between Francis M. Iligbee and my 1
i brother Joseph, about winch some of the court (
. may recollect. 1 recollect Dr. Bennet asking forgiveness
of the Lodge when there was about
sixty present; Francis M. Higbee acknow- ?
tedged that it was the truth, that he was f
i sorry, and had been a thousand times; t
i he acknowledged his connection with the wo- t
; man on the hill; 1 did think he was with Dr. I3eni
net ut the time; the statement of llennet was that
he was guilty; he wus sorry and asked forgiveness; 1
i be said he had seduced six or seven; he acknow- i
ledged it, and said if he was forgiven, he would t
not be guilty any more. Francis said he knew it
I was true, he was sorry and had been a hundred
times: the very things that we had challenged him t
- with, he acknowledged. I told Francis that it had i
better be settled; he said, Joseph had accused him? s
, it his character was gone all waB gone; he said he i
s vvuuiu seme 11 ttiiu nicy wcui uuu mc iuuiii, uc uiu i
not deny any charge; he mud he was sorry; that he i
, wanted it buried, and it was agreed to do so.? (
t Francis did uot aay any thing about Ins sickness, i
but Dr. Bennet made those observations to him that '
ne had doctored him in the time oi Ins sickness
t'rois-exumirud?1 asked Francis it he did not <
tell Dr. Henuet that he hud seduced a girl; he replt- i
i ed, 1 told Dr. Bennet that 1 did seduce her, but 1 i
tell you 1 never did it; 1 told him so lor my own t
notion of things ; 1 do not recollect of him saying i
that he had gut a had disordtr with the Frencn i
girl; he said he should not have been seduced, it it <
a.ul not been by l)r. Bennet; when charged wim i
ihem, Francis said they were true; that they wen
alleged a hundred times; he said " 1 will alter; 1 I
will save my character." 1 have never heard from
brother Joseph any thing about his character.
Joseph did not accuse him of any thing belore the
police ; he said Francis had better take carc; Francis
wus a little dissatisfied, but that difference was
settled; I was present; he said he would not receive
any thing again trom abroad ; he would not
uke any steps by hear Bay ; he would come to him
and tell him; there were several present when this
took place.
Poktkr Rockwell sworn?He recollected the
conversation hut not very distinctly, but he did recollect
that Francis M. iligbee acknowledged lo
Joseph binith that he was guilty ot the charges pre
ierred against hint.
Court adjourned for one hour and a halt.
Court iVlrr.
Mr. Wiikki.ock sworn?With regard to this case ,
1 know nothing, but through a circumstance occurring
at Nashville. Elder Blakesly came to my
house to preach; he preached and was upholding i
the authorities of the churuh very much; he caint
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 1 He ssid he had seen '
nr. x ..f .l. :i> m. a?: .u. l.. ?..u Kf.
amuavus 01 nit- gum ui mi. ouniii; lie unu iiitr .?i i ,
Higbee was going about to the different conferences.
1 told him 1 thought he hud better aeno
tome one else, his conduct was not the best and 1
knew of circumstances that were not right Oner
[ was a mate on a steamboat, and Higbee wa*
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 lor 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; 1
gave up my berth to the ladies; I felt indignant ai
such conduct; his conduct towards the lady passengers
was unbecoming, and particularly in one who
professes so much virtue as lie now does,
i Juki. S. Mii.es, sworn-.?I have seen Francis M.
I liigbee go into rooms with females, but what their
I intentions were 1 did not know: I might have seen
him two or three times; 1 think he tins done that
I which is not right; 1 should judge from conversations
with him, that w s the cane; I presume he has
a good many times; I might recollect twenty times;
, he has frequently told me things of that kind; it in
> a private case to be sure?he has told me, that he
i had commenced an action against Joseph Smith
for slander; I met Francis to- lay; I asked him about
, the fuss, when he said he had got Mr. Smith up for ,
slander; he said he should not come here?but did 1
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. Jligbee to say ,
that he was prosecuting Mr. Smith for slander; that ,
he was up before a municipal Court; he told rue he ,
supposed f was wanted to prove that he was a thief. ,
whoremaster, and every thing else. <
H. J. Siikiiwood, sworn?I have several times ,
had conversations with Higbee: I recollect that ,
near two years ago there was a fuss about John C. ,
Sennet's spiritual wile system before the High .
Council. I recollect a French woman coming up ,
from Warsaw, and that Francis M. Higbee had me- ,
du al assistance ****** jjr linnet attend- f
ed him; Joseph Smith administered unto him hut f
it was irksome; Iligbee assented that it was so; he
did not contradict it; he promised to reform; he ,
would do heller; he would do so no more. t
Maura C. Kimball, sworn?I think it is near ,
two years; I had some conversation with Francis j
M. Highce; he expressed himself indignant at Borne (
things; he expressed himself that he was sorry; he j
would live a new?life; he never would SHy a word r
against President Joseph Smith; he had an incli- (
nation to write that what he published was false, t
I exhoited hun to go andrecall what he had said; I ,
afterwards^aw him in (Cincinnati,when he promised f
hy every thing sacred that he would come home, r
reform, and then go and publish this doctrine, for ?
it was true; he said lie had taken a course that whs f
wrong towards President Smith, and was sorry for t
it. He said he would study at Cincinnati, for his s
character waa ruined here. When we were in J
Quincy, we went over to Missouri, and exhorted c
turn 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 r,
r? spect; said he was not connected with the people j
ihut opposed President Smith and never would. ? if
He much regretted the course he had taken. <
Aller hearing the foregoing evidence in support 11
of said petition, it is considered und ordained by
the court; 1st, That the said Joseph Smith, Senior,
be discharged from the said arrest and imprisonment,
complained of in said petition, on the ilit*- v
gality of the writ, upon which lie was arrested, as
well as upon the writ of the case, and that he go
hence without delay. Secondly, Francis M. llig- ?
bee's character having been so fully shown, as in- ,|
famous, the Court m convinced thai tins suit was ,|
RR H
MORNING, JUNE 27, 184
nstituted through malice, private pique and corrup-11
ion; and ought not to be countenanced: and it is
irdained by the court that said Francis M. Higbee
ay tiie coata.
Notice.?At a meeting of the High Council in the City .
f Nauvoo.this Ittth day of May, 1844,
Resolved, l'bat James Blakesley, Francis M. Higbee, e
Charles Ivans, and Austin Cowles, bo cut ofl? from this
huroh tor apo?t?cy
UEOlUiE W. HARRIS, Prest. pro. tem. p
JOSKPll M COLE, Clk. pro. torn. ?
POKTST. v
Reflections at the funeral of Joel F. Scovil, son of Lujus
N. and Lucy Scovil, who died on the loth of May, 1
S44, aged 14 years and I'd days. \
BT MISS [1.111 a now. i
The apirit bed departed and had left t
The mortal tenement a lifeless toun'.
1 sat beside his cottin, hut tor him ,
1 had uo tears to shed. How could I weep f '
His years, indeed, had been hut lew,but then
He was a saint and he was goue to join 1
Thb spirits of the just. There was to him t
il V UlllUl III IIVMIU. I UC |IUW | ui Irtlia
Imparted through the glorious gospel of
'1 he Son ol Ood, had shorn tint monster of
His terrois ami his s'ing It rent in twain
The parting veil that hides from mortal view
Kterusl things ; and kindred spirits came
To greet the dying one and waft him home.
Freed irom mortality and all ita Ills ,
To die as he lias died, is endless gain.
Such were my feelings ; then I look'd upon
His mourning parents, and 1 thought of their
Bereavement! 'Tis their only sou?he is
Their first horn, and to him wi h fond delight
Their expectations citing ; and here he lies !
Corruption pie) s ulreudy on the lace
'/hey dearly lov'd! And now where is their hope !
My heart was moved with tenderness ; and grief
For one short moment weigh'd my feelings down.
But then the spit it uf the living Ood
Waked with its light the vision of my mind,
And 1 exclaim'd within myself, all ail
Is well, lie's gone to do a work lor them
Of everlasting consequence; and they,
Kre long, shall understand the purposes
Of Him who holds the destinies ot man ;
In this their present loss, and then their joy
Will be nnspenkahle.
Soon, very soon,
The resurrection morn will dawn and bring
An everlasting triumph o'er the grave.
* Be faithful then, ye parents ! Keep the faithBe
steadfast in the cause of /ion, till
Yourcourse is tinish'd, and your work is done ;
Aud|you shall soon embrace your child, orray'd
In robes of royalty?with glory crown'J,
In your own mansion ol celestial light.
There, fond affection, everlasting bond
Of kindred spirits and of kindred flesh,
In strength perfecting, will entwine around
The glorious objects of on endless claim.
Nsimou, May 11th, IS44.
Postscript.
By yesterday's western mail we received the folowing
additional particulars Irom Nauvoo and vi:inity.
[From the St. Louis Reporter, June 17.]
At the lutest dates from the Upper Mississippi, it
ippears that the people ot Northern Illinois were
inning against the Mormons, and that there would
irobably be a serious collision between the two
mrties.
iriuui luc ov. luum unnutrui, juuu it j
We have received a communication from F. M '
iigbee, one of the publishers of the Kxpotitor, in '
elation to the recent outrage at Nauvoo, from 1
which we extract the following paragraphs1
Nauvoo, June 10,184-1.
With regard to the press: inmiediaieiy after its 1
lestruction, I was three dillerent times advised to
nake my escape, or 1 would be scalped. I still periisted,
when one of my friends stated they would 1
:ome the Lovejoy gutne over me, and to clear forthwith?a
gentleman, 1 think from New York, who '
ntroduced himself to me upon that occasion. 1
:omplied with the request, secreted myself, and renamed
hid until the 11th instant, 12 o'clock M.,
when I escaped, by dressing in disguise, unhurt.
It is expected Joe will, alter tearing Foster'sbarn
low n.which he declared anuisance.tear down Law'.-.
mil, which cost some $15,000, arid from thence
hey anticipate going to Warnaw, 18 miles below,
itiu tearing down the press from which the Signal
ssues. We think it Joe does not look out there
ivili lie a quietas served on him. Blood, no doubt,
ivill be spilt. Desperate excitement in the couuxy.
...
The excitement among the citizens of Warsaw,
111.,consequent upon the recent outrage at Nauvoo,
and also upon threats mude by Joe Smith and hosatellites
to destroy the printing office of the Warsaw
Sisnal, and to assassinate its eoilor, was at
itie last accounts, on the increase. A meeting was
held 0:1 the Mih, and ail address adopted, which
evinces a determination to op pose the Mormons at
all liH/ards. The eitizeiiH hud armed themselves
and organized patrolesui various parts of the lown
Kverv Mormon in and uhout Warsaw has been ordered
to leave wiiliout delay. A mass meeting ?.l
the citizens of Hancock county was held on th?
13th, the proceedings of which are published li
ihe Warsaw Signal, and from which we copy the
following:
"Whereas, the officer charged with the execution ot a
writ, against Joseph Smith md others for not in the conn
y of Hancock, which said writ said officer has serve,
upon said Smith and others; and whereas, said Smith am.
j'her* refuse to obey the mandate of laid writ; and where
is, in the opinion of this meeting it is impossible for sao.
itticer, to raise a | osse of sullicieiit strength to executi
laid writ, and whereas, it is the opinion ol this meeting
hat the riot is still progressing, and that violence is meil
Uted, and determined on. It * the < pinion of this meet
nig that the circumstances of the case require the interposition
of Executive Tower Therefore?
Itesolved, That a deputation ot two discreet men be
lent to Springfield to solicit such interposition
llpsolved, That said deputation he furni<-hed with a
testified copy of this resolution : and he authorized to oh
ain evidence by affidavit, and otherwise in regard to thi
nolence, which has already been committed, and is still
'urther meditated.
On motion of A. Sympson, Esq., the suggestion of Mr.
lagby appointing pi ces of encampment was adopted, to
vit : Warsaw, Carthage, Oreen Plains, Spilman's Land
ng, Chili and La Harp.
On motion, O C Skinner and Walter Baghy, Eiqs.,
vera appointed a committee, to bear the resolutions
idopted by this meeting, to bis Excellency the Governor,
'squiring his executive interposition.
Friday, 8 o'clock, P. M.?We are informed by
i gentleman direct from Carthage that the citizens
ire ordered to assemble at their various places ol
i itr..n i
cnur/,vuus, uii >? ruiirmmjr iicai.
A gentleman from Nauvoo, who arrived in Carriage
to-day, reports that about HX) person?, includ
ng nearly all Joe's enemieB in Nauvoo, have left
ihe city, with their moveables?being in iear ol
'heir lives.
Preparations are making throughout the country,
for the coming contest.
[From Cincinnati Oazette, JuncZJ ]
A slip Irom Warsaw, Illinois, gives the proceedings
of the citizens of that place on the 12th instant,
relating to the violent destruction of the Nauvoo
Expositor establishment, and a threat to destroy
ihe Warsaw .Signal, and to assassinate its editor
rhe meeting regards these acts of violence and
ihreats such as should command the services of
"very good citizen to put an immediate stop to the
mad career of the Prophet Smith. They declare
heir readiness to defend tho Warsaw Press, and in
:ase any citizen, in consequence of any attack he
ng deprived of life, to lake terrible vengeance.
'They hold themselves ready to co-ojierate with
ther citizens to utterly exterminate the wicked
ind abominable Mormon leaders." They raised a
ommittee to notify all persons in ibt township
mspected of being tools of the Prophet, to " leave
mmediately on pain of instant vengeance, and '
ecommend a like step m other townships,
dedging assistance, Arc. That all Mormons
liould he driven into Nanvoo from the surrounding ,
icltlements, the Prophet and hit.adherents then denanded,
and if not surrendered, that a war of exermination
be waged, if necessary, for the defence i
if the people, to the entire destruction of the Pro- >
>het and his adherents, and to this end that every '
ni/.en arm himself. The Nauvoo City Council to I
mprison any officer arr-sting any citizen of Nauvoo (
ngaged in destroying the Kxpoeiter Press; to take ,
nm nut of the city for trial. A mass meeting hss ,
>een called to asaemhl- at Carthage. The streets
>1 Warsaw are patrolled. The excitement in the i
:oiinty is immense. A public meeting to consider 1
in this subject has been called in St. Louis. In
iddition, we lenrn that the captain of the Warsaw '
ladets left tor <i'iincy to pVOcu;e a stand of arms, \
o be placed in the hands of the citizens of War- |
aw. fnless the proper authorities take measures
o check up or moderate this excitement, terrible ,
lonscquences may ensue. ,
Rtricint.?An unfortunate Irish girl named Eliza- '
eth Johnson, lately arrived from Montreal, while walkng
with another wsmaii on the Weatern pier of our har- '
.or, suddenly exclaimed to her companion, "good hyn? '
Jod be with you," and immediately threw herself into '
lie lake, and whs drowned ? Cnburg Star.
Steamship Cai.kdokia, Lott, from Boston for ^
,iverj>ool, arrived at Halifax IHtb inst , took on hoard the
tails and Ave additional passengers, and proceeded on her
oyage the same alternoon.
Arrivals or Wiiamc Ships ?Three whale ships <
rrived at New lledtord and three at Nantucket on Run- <
ny. A whale ship arrived at KJgartown also on Hatnrlay.
(<
[ERA
14.
Ph? adjourned meeting or the Irish Repeal
Association,* last evening, at Washington
Hull.?Less talking and more cash.
The muster, last evening, evidenced that a good
leal of t lie steam hid been let off by the previous
vetung's proceedings. At the time the Hireling
van organized, there were not as many hundreds
Teseiil as there Wi re thousands, on the previous
nght. Their conduct was much coolei?there
vas not that anxiety to bring out the needtul.
n the musician's gallery, oppo. ite the platform,
vere seated some of "Ivriu's lair daughters," and
heir friends evidently much pleased as Hie pioeedings
progressed. Annul hull past eight o'clock
t was proposed that Gregory Lnllou, lhq,, take
he cnair, which was uccoidmgiy done. llie
-ocretury, Harilioloinew O'v i nner, I-.-q , r.ud il c
niiiti.es ot th?- proceedings ol the prrviousevei.i p,
ogether with liii- resolutions alluded u> in our |?nH-r
olyeslciduy, and ut (lit' conclusion, announced
li?it tin* .ilium.,t ?uo-cnbed, Hit- previous evening,
wu.-fci 1,072 70. Tills announcement Wao rcceivcn
with loml it mi continued cheering. Tin- sccieiary
llirn read a list of subscriptions which la- li.nl
received subsequent y Willi ciieenug lit pr. portion
0 ilie sum subscribed. The "leceiver General,'
Langton, then gul mi Hie platform, and called upon
ill good triemlH 10 Bland buck, ui d niuke room lor
ill ilioee who hud any money lo subsciibe to apiroacli
the platform, which was promptly obeyed,
ind as before, Fortuuio's purse nuglu have been
iguin opened. Langum said thai he should begin
villi "the ladies lirsl?God bless thelii," and proceeded
accordingly to read a list of such as had
landed their subscriptions to him, which were received,
if possible, Willi more enthusiasm than any
jiher. Then came lorwaid numbers of persons with
lillerent sums ; many ot them apparently only luiiirers,
presented at what they no doubt thought
he altar ot liberty, their live, and some ten, dolars
each, when all the apparel on their backs were
lot worth the same amount, and liiuny who had
iiibscnbed the previous evening, repealed their
lubscriptions mi this occasion, and some of them
or the 4lh, 5th, <>th and 7th lime. About nine
'clock the room was pretty well tilled, and ihe
;afh to the exchequer appeared to increase with
he attendance. A jolly Irish tar came forward
md presented Ins shilling, saying u was all he
could then a third, but in addition Uiey should have
1 song?a good old Irish song from a good uiid true
risliinan. To the song just then there was some
ibjectton, as the needtul was Mowing in, and it was
.bought it would be a pity to stop the luie even lor
nunc. The jolly tar did uot like this, and over
lauled Ins pockets and found therein a solitary
cent, which lie also presented, but still wunted lo
ung, nod linding he could not get the permission ol
lie olticer, proceeded to sing the " Harp ol Erin,"
i"t in ihe most melodious style, but the di ficiency
ii sweetness was inane up ny string in 01 lungs.?
file Chairman, alter some vain endeavors, slopped
he sour, but his larship was not then to be silenced
rut held up lus li.ind, and showed those around him
lie itiaik at the back ot it of a shamrock stained in
he manner peculiar to seamen, and called upon
hose around to bow at this shrine. In the meanwhile
Langton pursued his avocations wuh the
(teatest assiduity, and seemed to have enough u.
lo for upwards ot an hour. A person of the uaiiu
jf Thomas Whelancame forward and presented i
sovereign, exclaiming, " Uumii the tyrants?let ui
ray them in their own coin." After an hour and n
nail's amusement in (his way, a slight pause look
iluce, und there were loud cries of " Wallace
Wallace;" but that gentleman was not present ?
The Secretury then said that the gentlemen on tin
jiluiiorin were more inclined lo work 111 rect tvini
money, than to talk?the former was now ition
necessary, und would tell more effectually, than ul
the speaking than tongue could utter, liere tin
tar again pressed forwutd and wished to sing hu
song, saying he was desirous to go on board of In
ship, and could not wait. However, Jack was pu
on one side, and M. 11. O'Connor, the Secretary
proceeded to address the meeting amid loud am
long continued cheers.
Baktholomilw O'Commjh, Euj then a<ldreised the uu
diunce. Their cause, ho anul, ivuvutu which wen
concerned every lriond to humanity, und the Call e i t ci
vil and religious hh rty at! over the world; letting it
whoso behalf they Mere atNeiuhlcil, ai d lor whom thu
torrent ol sympathy wus jiouied out, were udvoculef u
those great principles in lieait and soul. O'Loiinell, alie
10 y earn ol a struggle, o as now the tenant ot a prison
Out that would . ut ledound to hia ciedit uiid Int. glory 11
inline uges?It would but place upon bin head the cruwi
it |>olilical maity idem, and end-air hiin even more thai
ever to Ireland, it that were possible?it would hut r?
louud to thu shame and discomfiture ol the English go
vernment, uud tiring down the execration ol the woihl 01
a contemptible oligarchy who have endeavored to train
pie or. the rights ol the human lace- (Applause)? w h
hod incarcerated in prison the trn nds ot civil and rel
gums hheriy?who had laid hands on O'Connel, the ajioi
1 i of litieuy and moiahty. the man who first lungi.t ih?
chnol in politics which holds moial force as supein-r t
ill iKishles; and that lever which, placid upon a prnpe
lulctini, would overthrow all hostile power airayo
Igaiust it. (< heeis) O't onto II had done that SUCCe
uily, and ere long the prison doors would open and n
(Urn him to liberty ami that land he loved so inocti
,Ureal cheering ) In his imprisonment ihey sav
die last Clowning attempt on the pait ot the BritLI
government to quash the demand oi tue lush )? opiu In
justice ; hut those attempts could nut hold out much loi
ger. Let the Irish people hut second O'f oruiell in his ui
u uipts in a |n acrable way u? wu his wish,because, a . I,
mm, "any lirearh ol the peace would hung his glay tiau
ui soriow to the grave, (sensation) 'these were In
?vor-if in going to prison ; he requested them to reman
passive as lar as any breach ol the peace was concentre
tint tw he active witii ull their migst in the cause ol or
lieland und Itepeal (vehement applause ) '1 lie mometi
that the news mac hi d this country that Eugltsii dispol
ism had gone so fur, that they hud dared to incarcerate hi
country'i champion, there w as a chord touched in th
nreasts ol all Itepealer* here, that will play in unison witl
lliem all over the United States, whose people will com
lor ward w ith their contributions for the ransom ot the su
I'ering martyrs now in prison I will not go over the lor,|
list ol Irish grievances ; hut il her people be ackuowled^
ed as having a light to their pnvileges of legislating In
'In mselves - il they are supposed capable ot fet ling for th
wrong* el their country , to he men at all, or actuated h;
the common impulses ol humanity?il there lie any mailt;
ill their fixed resolution not to be hii> longer in slaverya
by should thcii great demand tor a redress at wrongs g
contemned uuti unheeded I It these h? rediesst-d I In y ur
capable an! willing to forgive and forget, but ahull no
tieiore thry are? ( ? voice, iliey are aeven millions ) Yii
(hat u a gloiiot* idea Tiny are more than seven, the
are nine millions, ond that number can never be enslave
il they are determined to tie free.? (Loud cheering) '1 he
might as well think to fetter down the boisterous ocean
or curt) the raging atorm. as fetter the mind, the iinmui ti
mind of nine millions ol men resolved to he froe.?(Orel
applause ) Yea. despite the marshalled hosts of violenc
when the moral lorcn of a great people stand up unite
and firm, they can no longer be scourged or treated s
slaves. The Irish people have the greatest hope ol ri
demption, and of seeing, belore twelve months, the n
geneiation ol their native land ?(Prolonged cheering.)
Let them persevere Tho blood ol the Celt has been a
roused, lei not Us native ardour subside. The prize o
liberty is ^now,within their grasp, but if their blood nov
warm wit h the glow of patriotism lis ullowe.l to cool, tli
chance is gone njnl post|>oned lor agss. (t ry of we siial
have it ) They were right I OH oimell had not toil
half a lifetime for nothing, and tho Lilierator would no
go down to his grave depressed with seeing his won
prove futile and pass lor nothing) nor when the col
grave closes over him, shall it ever he said '-There ha
one who toiled luring his life for his native land; tli
grave contains his ashes and lie has effected nothing
No ! Ills country should once more take her stand nmoi>|
the nation* ol the earth, in the beautiful luiifu.ige u
Hhiel in the State trial* in Dublin. When tlx- summer i
romc ngnin it wiil restore him to In* native mountain!
where he) wa* wont to hear the rotir ot the great atlsn
lie, where waves roll unimpeded fioni the count of l.alin
lor, when lie will think of her whose eye now wntche
over head Irom heaven. ((Jreat applause ) No not til
that wo* accomplished .houM O't onnell go to tin- gravt
which it wua to he hoped wd* yi t tar distant hum him I
was for them to exert themselves ; and in *nch n nuhli
mmrno man ahonld lag or feel weary. They inn*
persevere, he it lair weather or foul, and th
reanlt would bring tho reward They ha
in their first attempt done more than the mm
'anguine irieiidi of Ireland could anticipate. I onsi lerin
the circumstance* and the aenion, no person could e>
|>ect they should be able to collect over $31)0, instead (
$1100. Taking all into consideration it whs truly woudi
fill, and could only be nrcounti d for by the luct that ever
man feels lumtell insul'ed in the person ol their champio
:onderniiud to breathe the atmosphere of a prison
Mr. O'Connor concluded-by calling for three chirr* hi
D'Connell, his speedy deliverance, and regeneration a
Ireland ? (immense applause.)
Loud anes wore now raised of "Byrne*, Byrne*," bu
tie was not in the room, hut it was known that lie wa* n
iome part of the building, and ft party withdrew mid t> >n
ilm into the rosm, where his presencu w as hailed w itl
loud and enthusiastic shouts.
Mr. llr.vRT II Bvrxks ascended the platform, and a-l
lreised the meeting in a most eloquent and imprrsslv
ipeech.
Lsvorovthen proceeded to receive subscriptions as la
ore, which waaconfined for uj>wards ol twenty minuter
Aa we thought lust ovmiug. there was an evident lull
ng oil in poor hangtou II" looks several poundi
lighter after his exertions, hut the strength of his lung
was not at all diminished, which wa* evidcni I a* he no
nounc.ed each subscription in loud and hearty tones ii
proportion to the amount subscribed, hut he lound it sur I
hard, warm work, that he was obliged initially to atrip ti
it hi fore its close.
The Hr.i HS.Tsar then proposed that the meeting a<1
journ, and that notice of the next meeting would he dub
given.
Mr f.sxuio-* announce I that there was near upon $3<s
?ollected this evening, which announcement wa* rec.rivi
with, as a celebrated Irish reporter once expressed I
'bind, long and continued cheering, whicli tasted tor
conn durable time." Tho meeting then adjoin nod.
-1?^ -X1LJU?JI HI
L I)
Prtca Two Cant*.
City Ititt'lllKciitt,
Poller Olliae?Jlm. M - Hi i On the ;rt.l
ilikt. (lull SatuiJit)) the dwelling ol Mr Ueoryei t.tii lie
waa broken open and iti five Iranc piece. oiler
money, a watch an t chain ; aim, fume Mlvt i kpooua and
wear line apparel, atolen? with which I lit- h'nglata fc*.
captd Mr. < hotline leaidedat No "Jb7 lioutton ?u?et.
Another btn.uar, iip iiii: Butmi* IIiifiMi.-On
the l>-t > I 'hi? ii,until the boute ol Ivll t hall* t A Oaim
tier. Nu ft7 lliuhon atreet, ?uh enlrrtd by lalte hty?
dmiiik i! e Msht time, and two pair, ol candle tlickt, u
i table cover, itc ktuien Olliceia Bow y er and McUi'.tli
I have arretted tl.e buiglar Hi* name it (hoige < ar'er,
I un<l he ll luily commuted to abide tj..- resun oj u iriui.
i A Diihd.hht fitkmi- A K?;al Shivi.u ? On l undiy
1 afternoon Mr. VViiUani IV Knupp. uiumbii merchant of
No 3:t? tlurry stiset. went into a barrel's More. No -It*
Bayard treit, kept by u colored man named Minim 1
Lewis and while uudei going tie process u! l av log 111
beard taken oil, the black icotindrel robbed trim ol $0'i.
Ullicer Bud Inn attested the lAurer. Hen luJiy rummult
d.
t uniiu r'i O/lici?-Junk 26 ? Scicid*.?Tha < oroner
bei?i an inquest tlui morning at No. 318 Madison
sfieet on u young woman named Rebecca Niliia. igm24,
who commuted suicide list night by lulling a l.ugi quantity
ul opium. Veioict in uccoulauce witli the lucli.
' Diiowrou.? A colort d mun about 23 yean ol age, name
I unknown, wailnund diowned in the Norlli liver ttill
> morning, at ihe lout ol Ainoa street. An inquest w mi
held. Verdict?"lonud druwutd."
I
Ohio River.?At Wheeling, on Saturday, there
w ere live leet Ol w ater in tlits cltunm I ? tailing A) Pittsburgh,
on Saturday afternoon, the river bud five leet of
water in the channel
Kiiie at Woi.cottvii.li; ?We lenrn that the
Cotton Factory of the Woh ottville Manufacturing Compuny
(a Iraun leiiiditig) waa destroyed by lire yesterday
morning. Insurance oil the building,machinery and stock,
lit thu .Ktn.i ()l!ice in llii.s citj ? $12 Jlartjcrd Lourrant.
Court of Clinncrry.
Junk 26?Decisions.? Kice Chancellor Mr Conn, M- V
H MVsiy and I mm u ,S 11'uUty vs. Geo I) M'oltty ?
Motion to remove delenduut Irorn his olhcu rs Adminiitrator
to the estate of Jauo Porter, and Kxecutor to tins
will of lute George Wolscy, ordered that pray cr ot petitioner
tie denied
Firtmen't Imuran,? Co VI Mil harl Toily.?Application,
making objection to tho competency of a party,
named Austin, to give testimony as a w itness in the beor
mg (ii mm mime j lie i ouit wasol u|uinon mm me onjectlons
urged were eutticiently obviated ; ai?l that thorn
? a* nothing in tin; chutiicter ol the testimony that tended
to impeach tha credibility ot tin- witness. The Muster
therefore, wan win tinted in reporting the amount of the
note with interest, on u debt upon the estate ot Tolly, although
the statute oi limitations may. The evidence 1 efore
the master warranted the allowuuce of $S1I und the
interest thereon. '1 he < ouit presumed that the master
also hud evidence hi loie him ol the tact that Devslin pnid
the same annual interest on Tolly'? bond. It w ax aiiow til
by the Mastei that such evidence v.as not brought heloie
the Court ; nor was there any specific, excep'ion to thut
part of the report. The Court, therefore, telt it nccestnry
to annul the extmption and allow the leport to stand
contiimed and the money in Court to he paid ovur (mil distributed
accordingly.
Jnhn *'l Ellis and Mary ,'lnnr, hit wife, vs. .1nnr Mestur,
rt alt.? Ordered that the t xception ol both parties to thn
Master's rejioil he overruleu, und that each he entitled to
1 eosts against the other ; such exceptor to hear their on n
1 costs ol the exception und ol the bearing ; und that $1004
Iti reserved for the claim ot a purty named Kvaus, be
paid him with the inteiest which sccrurd theieon -, utter
i deducting and iiaymgto Kvarta the cests incutred in making
the application lor the money on this reference to the
, Master, including the Master's Bill, to he tnx?d ; and that
Kvans have his remedy at law for the balance er defi'
ci ency, if there should he any on the bond and in guar1
antee, which he may hold mull r the pa\ mei.t.
Prtrr S. Slurry ami Christopher E Starry, Executors oj
John Slurry. di ciasrd, vs Jimericun 1 ijr Insurant m il
Y'l uct Co., H'lllinm S M it mare ami ll'iViium Jh.nd ? Ordered
that complainants have leave to amend, ty annexing
the amendment on petition; with tho exception if
one which would n quire pint ol folio 'J7 tobes'rickin
! out ol the hill. Complainants to seivu a copy of the hill
iniesded gratia, and to pay delendsnl the costs ot motion.
Jotni? II, .V' trlijl, Jlaaigntf, TS Jucoh I'midn pool on
Ertdttick S Vanderpuol.?The Court luled that niolion ni
- this case was prematurely made. Complainant must wait
l until he receives an order establishing the diciec u< pi ' )
, id for in the hill el revivor and *U| ph no nt
, K. IKarrni, flection, vs Edgar Syragut ? Ordered that
whenever a hill ui answer bus been tiled without rigi ftmreot
counsel, it has been the practice to move thut it ho
*uken oil tho tiles loi iin gtilai tty, and il c t ouit ?m Id
so order ; hut this case dilUrediu some respects, asthern
append d to have been u receiver. It was ordered thut
. hi. i.in irifaii. upn i iu .a- ...a. ..
N iliolus Ijtowil v*< John Caitrr Itiown,? Den umr ol*
, lu'vi 1 uiul till dismissed M ith coats
i'O THh jLAUiKH?!l you have rtPirv emcaenr,*a, control
log bro d hi d elevated forehrad : it y n hnve ft e r..rihtt
t ?iiHeutUge of a ben re on your upl-er hps ; if you b:-t. *at?rluou*
hj?ii i j?ljguring auy part ol our of'ir-rw ,* * beautiful f ?r?,
the l'. udff .btile luvetifrd by Pr Kel.i O nr?u- v. ill
nick I y u farrvfr endicitp t without ih?*alitrhtr i i>. un or
. tacol.ir&tion to your aki;.??thia V" run be i?f:-*d n br
, > i the | r?i?:trrt?ion teifrtiat t >e Doctor4 ? ff.? c ; *., dnobu of
, rMtitli being i nomlfttti n ill qaiclily vi ?h oi i ' v
t 67 ?lker street ft*' ?. it from the eonse.- ) I1 ' J/.gv? $1
' it boiti^-^bwrn1 , b< luid it it fo low.hu r iclet ww
* mtf :?Tb. celebrat .1 Italian ed-cated -oap rt i rt? ?ll
i' '? he#, i uni I**. /r? c? h i t*n, rr.c ij bew *c-r\ s. ,u? h, o Un *?.
i - :.i-?4.? r?niu ue*a of ih >k.n ; 'orcb.tj-, tl >-;?, '? f-c.
^ r Hi*# iff efp ef* HI* 'i;.u !i ; iu the o vl U 01
kldrro in i ijriMii injtitioi 11 i/li j
illy rt-toj.nlMi,)i,?')'iio<i iiuijr.tn' he ihi'K t ?*r ?J" hiofr? r tiniM
' i houtACtiM OM i 0 CCI i" I '? i. I. I V. mt
it oi ri'iurntl" un rey : . wrre iriil B on yr t , onrd
i y An.ii a bold uriaico and buy no w br tr * I e but a* s.bor*
, .. lir nU'? Pan d* P i uh\ or Trfir V\ irr cf i\ .a *
s|l In " n si m} tnti c .. 'I t pari*
yiig and b?nu-lf\a k t*e c mp rno.i .-rid by rs Hi I un pro1
?~jMen preventior tn< ii im*?ior of wrinkles and harishir r tf?*ta
b- pretest, $] r?r ho'tfe.
Oouf mo'* Hair !>' e w i I < h i.? r- r k*?> b.?u to a beguri
I ?. ' k br-wr or nl-^k. w ilb.-ot ?f msirg tj.r ikir. flirt bot
' V\ h gker alici h v? b ow X-y? ' t I t? l ?? \ Mir
0(Mri?u<r? BIp.d? d ! 11 * it Hi' < oi Sp-ui* V.j.i . i(ivf? a rurf
' -okt* alabaairr yrhitciffta antl ? ?/*? im-&? t* tin Jkili?lrre
1 ''in . II iujotu it* hjk di^utf. end i* fi.tir* ly iiii'ihil tii k
i on rhatk anf? It&lrr wbne Put tin ip elrtrnut b?n*?, l'? rmfi
cb. Thia. e itf other of Dr. (J i |>rtpartition*, ia '-milsted.
t tuyro v. here hut a: C7 Wn'krr iTM. the tiraf ate re from
be corner of Broad* y, *b?*re will 1m* b aud ai< %?* rtiuent of
he most delicate asu choice Perfumery, imported from all
* ?irta.
\*enu?Jordnn, 2 Milk atree*., Bcatrm; 76 < hnu ut atrrec,
ti biladelnhia; Rohint'-n Harnahtirith; Hem itch I (M.c.iater;
, Vabrook, Priuretou: Tripp-, Newark , Touaey, li/ r.lrsirr;
I aiaw'll, Lock corf; Smith, Palmers; (iriK*. Hamilroi. conn;
Ciuthrie, Albany; Heinatreet. 'I iov; Oray, Pi.<ughke??*si4;
^ lliott, tvoahen; My*ra, Nrw Hht u; Dyer, ProTobnce: Ti,
r, Nrwpnri; Curicton, I owell; lee*. Salem; H'?dse, >rwbu*
. vp rt; rireatra, Portaioouth; Patt n rortln.u; <Joild. Bangor:
, .'ilher Wh? e. t'alais; hetli N. I4?j '-e. B dtirnore; Be.lby : ivik? r
; iVarhiiisiMi; M?? Kraser, Kicnmonif; M Norwich,
o.:n; Buh. Hartb rd; K. C. Kerr*, Middleuwn.
> ^mlB Imdywg yia
PH KhENTS.
JTRANUhH^ viai iuu the c??v will fiud at our establish*
^ ineut, Non 259 r.i?d 260 Broad ^ay. bevond eon paiiton the
ooal eliuai.t aud tiirua-ve wholeaale ai d icleil aaioitii.eiit c.I
p AN V AKTICLKb V OH PHhhKMR
in fhia aide th.* Allan' c, which we u.k pie.miv iu diowu g,
nd ei a ge tokelt ?t price? j low (aayitig if ele.iat) a* tboae ot
v otbc h<?n
Our pre,?wt stock of Fancy J>t.'iioM y, I'm! nil % Phraaolij
ti no nun o'.anei < a urn. mm'a ? . ii?. ' "
I'.ibleia, link*, lireaamff Ueaea anal Fn?'y 'I"1'a I'urajy. Per
turrj, Fancy I'urrelaiu and falaaa, Gill, " ie! mid MouinI
at Jewelry, and indr.il of ee?ry ihimf we i niuliu d to
import ia a? eninp t'te and |? if ct i* < an Le dea,
' 1* (nil I amlnftia li.u Jiut l?rn rubliahr.l a' > I n 1 a I no
pplieatwu. TIFF Art*. YOUNU U KLU*.
] >!| irn rod ja nc
TR.KNTON IKALI A
N K A R UTICA, NEW V O K K .
TIIK bl BH'JHlUEK auni iinma p. the pnblir, that after nu
' A absence of two inaaona, lit haa r?aumcil ihn direct nn rf tb?
Hotel at. |hr above placn. t hr house haa ii 'ii thon Uihly rtlur
|, i,lalmd and put in ruin In'r nrdnr, and hr trunta by list atlrnlp u
,j o ihn rnnf' rt of hu yui alt. to merit a return nt the pauouaita
, an liberally brat. Wtd ou lum in lorir.ri )t|il
J j'it twfnitii rc M MOOME.
,, U AMiLTON HOUR" ?kOKT IIA MILTO N ,?LON tl
'A 18LA.NU.?Tbo Bubicntr't l>-*a Ir.tvu to lanuiinrn thai
ne li'$ iiiad" armurementTwith the 8m ru lulud Strati.b it
' ( ompeny tn run th?ir bitta, no and a"rr Monday ti" i7ih in?t
n t|.r ab iTf pl ir.r, aud fur ti.r t|a rn?l armjmmodatio. nf iln
V pairon* ard *"tola to this faVO'te apnt
Iwavr Mtw York, fiotr. Whitehall act; A. M. and JAj P. M
l,"ai?n Hamilton Honan, ieturr.ur to ti ? cif at 7', *. M]
and ?'k P. M Abli.NZl) HEED.
' j b 'uwaatf re
| SUMMER AHHA.Ntll.MEN i
NEWARK AM) NEW \ORK.
II FA HE ONLY ' KNTS.
THE NEW AMI SWIFT STEAMF.H RAINBOW,
, CAITA.'N JOHN OAKFY,
MM ?a On and after Mond if. May 17, will na aa
H AaiJWLCIltfr: owai-larayn .Nt nark, f..nt of (>ntie at. it
' SskuC?', A M and lit e. M. Leave Ne w York,
' Kit ol liarrli; at 'it 10 A M.and 4 I' >1.
t) t)n Sundays?I.eivn Newark at 0 A. M. *nJ IP M.and
it s-w York nt it) A. M. and 4 I*. M.
Ki?ii lit rarr.rd at n-ry reaa'inatl* rat'l.
May Idlk. I>44.
.vIlRA N<IKIaE.N 1 H Mill il 14,
OLD ESTABLISHED PAHHAOK OFFICE.
100 Piii"iirrri, corner of South.
' (iffy m, *ikr
^noTaiibaeri'ierliris^iniye to cairtheallmilion nf hiMnenna
I ad the public in general, t? tl" lollowinu arrangement! for
444, for tha pnrpuae of hunting out cabiu, Id cabin, and atrrr.
dte luiaami^eia, by II" Keguiar Liue of Liverpool I'ackela, aait;
n> the lat.btn, llfh, 18th, Flat and Kith of every month By
' hu London I'a'.keia, to anal rnn New York, the Int. filth and
" .'Oth?and from London on the 7Ui, 17th and S7tbef. r.h month.
i In connection with ll r ibove end lor the propo?e ti afforda?
anil nrnauv larilitirt to paaa-'nama. the anlociibr haa eaanliaheda
t"*n..it ! nt ol firat rlaaa New York bmlr, eoppmd
rd cupper l.utriied alnpa. to Mil pauctoally 'voty w It
e lirou|[oottt the year.
b'tir the aecoiiiinndation of tmraooa wiainou to tenitaninyr to
heir 1 timliea ..t l ieuda, dralla are itirrn, payable at airhr. on
hr followioa I r.cka, nr.
l'rryioeial B.nk of Ireland, para bin "t
irk, l. rnerirh, I 'oninel, Londonderryt
I'lgo, WeiUrd, Brl.'.iat, Wit.." rd.
> tway. hrrnanb, Alhloae. t.olynii .
' f'liltiia, Train*, Yooglial, e.uniakillrn,
ii ilopaghatl, ft .nbridt*. Ilallrmena, I to uatoira,
h lownpatriek, Uayaa, Lanjan, Otnagb,
.. iiiuginuOB, Bandon, Knnii, llali'.ih lano
Urauau*, hkiher-ea, Mai ow, M ineymoto.
. nntchill. Kilruah, Dnblm.
I lib,nd?Th# i itv Bank of OiaaKOW.
I r.iiaUiid?Meaara S| ooner, Atwood it ( o. Banker*, London;
I >Torjihv. Waifiloo Ho?d, l.iyerrool; p.iyable in e?rry town
n a (Ireat Britain. . , ,
, Vo'further info/matinn (if by Inter, noat paid,)apply to
JOBKl'H McMVKKAY. ItMi Pin*atrrrt,
I comrr of M nth. N. \ .
i. Or M.'ara. P, W. BYRNES * C<\ JO Wat-rl Hon.',
jfun'ta LitarpouL

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