Church History - John Davis PARKER

original Nauvoo Temple

History of the Church of Jesus Christ of Latter-Day Saints
By Church of Jesus Christ of Latter-day Saints, Brigham Henry Roberts

Page 171

At six p.m. attended prayer-meeting with the quorum in the assembly room. Law and Marks absent.
Monday, 8.--At home in the morning.
At eleven went to my office to investigate a difficulty between John D. Parker and his wife. After laboring with them about two hours, brought about a reconciliation.
I also had an interview with William Law in the streets.
My uncle, John Smith, from Macedonia, visited me.
Amos Fielding arrived from Liverpool.

[in 1844 the wife of John D. Parker was Harriet SHERWOOD PARKER]

Page 267

I stayed at home to recite German with Brother Neibaur.
Tuesday, 19.--Met in council in the assembly room. Elder Samuel Bent, Uriah Brown, Samuel James, John D. Parker, Orrin P. Rockwell, Sidney Rigdon, William Marks, and Orson Spencer met in council, in addition to the former names.
In the afternoon, heavy, driving rain. Northwest wind. Dull, cold day.

Page 285

Francis M. Higbee and Chauncey L. Higbee were brought up before Esquire Wells for assaulting the police, and acquitted. Chauncey L. Higbee a lawyer, was brought before Daniel H. wells Esq., on the charge of using abusive language to and insulting the city marshal while in the discharge of his official duty. He was fined ten dollars.
Also Robert D. foster, Esq., was taken before Isaac Higbee, J. P., and fined ten dollars, for a breach of the ordinance pertaining to gambling, &c.
We are sorry to find that our lawyers and magistrates should be taking the lead among gamblers and disorderly persons, and be numbered among the law-breakers, rather than supporting virtue, law, and the dignity of the city.
Tuesday, 2.--At home, somewhat unwell, and kept to my house this fine day. John P. Greene, marshal; Andrew Lytle, and John Lytle, policemen, were arrested by a warrant issued by Robert D. Foster, on complaint of Francis M. Higbee, for false imprisonment. As the case was going to trial, the prisoners ere taken by John D. Parker, with a writ of habeas corpus before the Municipal Court; and tomorrow, at one, p.m., was fixed for trail.

Page 341

Two to five thirty p.m. in council.
At 6 p.m. Brigham Young, Willard Richards, John Taylor, George A. Smith, Heber C. Kimball, Wilford Woodruff, of the Twelve Apostles: Alpheus Cutler, Samuel Bent, George W. Harris, a. Johnson, William Marks of the City Council: Charles C. Rich, Amasa M. Lyman, of the High Council: William W. Phelps, Newel K. Whitney, John Smith, John M. Bernhisel, Joseph Fielding, George J. Adams, Erastus Snow, Reynolds Cahoon, J. W. Coolidge, John Scott, John d. Lee, Levi W. Hancock, s. Williams, Jos. Young, John P. Greene, John D. Parker, Alexander McRae, George d. watt, and William Clayton held a council and unanimously cut off Robert d. foster, Wilson Law, William Law and Jane law, of Nauvoo, and Howard Smith of Scott county, Illinois, from the Church of Jesus Christ of Latter-day Saints, for unchristian like conduct: and their names were published in the Times and Seasons.

Page 355

You are hereby forthwith commanded to assemble at the office of Lieut.-General Joseph Smith, on Friday, the 10th inst., at 9 o‘clock am.m., as members of a court-martial detailed bor the trail of Robert D. foster, Surgeon-in-chief and brevet Brigadier-General of the Nauvoo Legion, on the complaint of Lieut. Aaron Johnson for unofficer-like and unbecoming conduct, and here of fail not, and make returns of your proceedings to the President of the Court on the first day of its sitting---vis.
Brig.,-Gen. George Miller as President: Brevet Brig.-Gen. Hugh McFall, Brevet Brig,-General Daniel H. Wells, Brevet Brig.-Gen. John S. fullmer, colonel Jonathan Dunham, colonel Stephen Markham. Golonel Hosea Stout, Colonel John Scott, Lieut.-colonel John D. Parker, Lieut.-Colonel Jonathan H. Hale, Lieut.-colonel Theodore Turley, as members of said court, and Colonel John Taylor as Judge-Advocate…

Page 356

Monday, 6.--Attended general council all day. Elder J. M. Grant was added to the council. Voted to send Almon W. Babbitt on a mission to France and Lucien Woodworth To Texas. Sindey Rigdon was nominated as a candidate for the vice-Presidency of the United States.
I had a warrant served on me by John D. Parker, issued by the clerk of the Circuit Court at Carthage, on the complaint of Francis M. Higbee, who had laid his damages at $5,000, but for what the writ does not state. I petitioned the Municipal court for a writ of habeas corpus, which I obtained.
At 6 p.m. I was in conversation with Jeremiah Smith and a number of gentlemen, in my office on the subject of Emma’s correspondence with Governor Carlin.
Beautiful day. West wind.

Page 357

To the Honorable: Municipal Court and for the City of Nauvoo:

The undersigned, your petioner, most respectfully represents that he is an inhabitant of said city. Your petionioner 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 state of

Page 358

Illinois; and that the said Parker holds your petitioner by a writ of Capias ad respondendum, issued by the clerk of the Circuit Court of the county of Hancock and the state of Illinois at the instance of one Francis M. Higbee of said county, requiring your petioniner to answer the said…

Order of the Municipal Court.

Sct.} State of Illinois, City of Nauvoo,

Nauvoo, May 6th, 1844

The People of the State of Illinois, to the Marshal of said city, greetings.
Whereas application has been made before the Municipal court of

A.D. 1844 History of the Church. Page 359

said city, that the body of one Joseph Smith, Senior ,of the said city of Nauvoo, is n the custody of John D. Parker, deputy sheriff of Hancock county and state aforesaid.

These are there fore to command the said John D. Parker, of the county aforesaid, to safety have the body of said Joseph Smith, Senior, of the city aforesaid, in his custody detained, as it is said, together 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. Parker, or other person or persons, having said Joseph Smith, Senior, of said city of Nauvoo, in custody, shall refuse 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 so effusing 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 you.
Witness, Willard Richards, clerk of the Municipal Court at Nauvoo, this 6th day of May, in the year of our Lord one thousand eight hundred and forty four.

Willard Richards,

Clerk M. C. C. N.

I hold the within-named Joseph Smith, Senior, under arrest, by virtue of a capias ad respondendum.

Hancock County Court.

To May Term, A.D. 1844

In case.
Francis M. Higbee vs. Joseph Smith
The day of his caption, May 6th 1844.
To damage five thousand dollars.
W. Backenstos, S. H. C.
By J. D. Parker, D.S
ss} State of Illinois, Hancock County.

The people of the state of Illinois to the Sheriff of said county, greeting:
We command you that you take Joseph Smith, if to be found within your county, and him saely keep, so that you have his body before the Circuit Court of said county of hancock on the first day of the next term thereof, to be holden at the Courthouse in Carthage on the third

Page 360 History of the Church. [A.D. 1844

Monday in the month of May instant, to answer Francis M. Higbee, of a plea of the case; damage, the sum of five thousand dollars, as he says; and you have them there this writ, and make due return thereon in what manner you execute the same.

[Seal] Witness, J. B. Backenstos, clerk of said Circuit Court at Carthage,
this firs day of May, in the year of our Lord,
one thousand eight hundred and forty-four.

J. C. Backenstos, Clerk.

By D. E. Head, Deputy.

This is a true copy of the original now in the possession of William B. Backenstos, Sheriff of Hancock county.

By J. D. Parker, Deputy.

Sct.} State of Illinois, Hancock County, City of Nauvoo.

To Mr. Francis M. Higbee:
Sir.--You will please to take notice that Joseph Smith, Senior has petioned for a writ of habeas corpus from the Municipal Court of said city, praying that he may be liberated from the custody of John D. Parker, deputy sheriff of Hancock county, by whom he is held in custody on a capias ad respondendum, issued by the Circuit Court of Hancock county, on the first day of May instant, to answer Francis M. Higbee on a plea of the case, etc.; which writ is granted; and you will have the opportunity to appear before the Municipal court at 10 o’clock a.m. on the 7ty of May instant, at the Council Chamber in said city, and show cause why said Joseph Smith, Senior, should not be liberated on said habeas corpus.

[Seal] Witness my hand and seal of court this 5th day of May, 1844

Willard Richards, Clerk M. C. C. N.

Page 403

Aaron Johnson came from Carthage, and said that Foster had been swearing that I swore to the complaint of which Simpson was arrested. I instructed Johnson and Rockwell to go to Carthage in the morning, and have him indicted for perjury, as I never did swear to the complaint. The officer was after John D. Parker also, and report says Brigham Young , Heber C. Kimball and W. Clayton.
Past nine p.m., I walked a little way with Dr. Richards for exercise.
My brother Hyrum called in the evening, and cautioned me against speaking so freely about my enemies, &c., in such a manner as to make it actionable. I told him that six months would not roll over his head before they would swear twelve as palpable lies about him as they had about me.

(The name Aaron JOHNSON comes up in these records, he is a grandfather of our Dalton cousins.)