May 8, 1844

Nauvoo, Illinois

Higbee v. Smith: Joseph Smith went before the muni­ci­pal court (Newel K. Whitney, presiding). The defendant was discharged after nine witnesses proved Francis Higbee's immorality and that his sole motive was to "throw Joseph Smith into the hands of his enemies ... to carry out a conspiracy ... against his life." Also, the arrest writ was found to be illegal and the complaint was deficient. Higbee was ordered to pay costs; the case was appealed to the Hancock Circuit Court, the venue was changed to the McDonough County Circuit Court, and the case was dismissed.