Appendix 1, Document 8. Joseph Smith, Affidavit, 2 January 1843

Page [1]
image
of the
District of
In the matter )
of )
Joseph Smith upon Habeas Corpus )
Joseph Smith being brought up on Habeas Corpus before this Court comes and denies the matter. set forth in the return to the same in this, that he is not a fugitive from the justice of the State of ; but alledges and is ready to prove that he was not in the State of at the time of the commission of the alledged crime set forth in the affidavit of , nor had he been in said for more than three years previous to that time, nor has he been in that since that time— but on the contrary at the time the said alledged assault was made upon the said as set forth in said Affidavit the said Smith was at in the County of Hancock in the State of Illinois, and that he has not fled from the justice of the State of and taken refuge in the State of , as is most untruly stated in the warrant upon which he is arrested. and that the matter set forth in the requisition of the of and in the said Warrant are not supported by oath
Joseph Smith
State of Ss. Joseph Smith being duly sworn saith that the matter and things set forth in the foregoing statement are true.
Joseph Smith
Sworn and subscribed to before me this 2nd. day of Jany 1843
James F. Owings Clk [p. [1]]
of the
District of
In the matter )
of )
Joseph Smith upon Habeas Corpus )
Joseph Smith being brought up on Habeas Corpus before this Court comes and denies the matter. set forth in the return to the same in this, that he is not a fugitive from the justice of the State of ; but alledges and is ready to prove that he was not in the State of at the time of the commission of the alledged crime set forth in the affidavit of , nor had he been in said for more than three years previous to that time, nor has he been in that since that time— but on the contrary at the time the said alledged assault was made upon the said as set forth in said Affidavit the said Smith was at in the County of Hancock in the State of Illinois, and that he has not fled from the justice of the State of and taken refuge in the State of , as is most untruly stated in the warrant upon which he is arrested. and that the matter set forth in the requisition of the of and in the said Warrant are not supported by oath
Joseph Smith
State of Ss. Joseph Smith being duly sworn saith that the matter and things set forth in the foregoing statement are true.
Joseph Smith
Sworn and subscribed to before me this 2nd. day of Jany 1843
James F. Owings Clk [p. [1]]
Page [1]