Docket Entry, circa 30 May 1844 [U.S. v. Jeremiah Smith–B]

  • Source Note
Page 101
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The court ordereed the to take charge of the . and have him forthcoming from time to time for trial.
asked for an adjourn[m]ent until after-noon.
said if they want to go into the merits of the case, we will give them any time; but we propose to dispense with the merits. and and move a discharge on the insufficiency of the papers. has no <​legal​> authority to arrest the , and read from page 51. Revised Statutes of . Sec 399.
Said he could show the Law diffent and asked for one weeks adjourned.
1. o’clock P. M. Court adjound, till after dinner to hear the pleas.
3 o’clock P. M. Court sat, the same as in the morning.
and counsel for , read and filed their plea. Moving the Cou[r]t. that said be discharged and sufferd to go at large.
1st Because, the person issuing the warrant on which he has been arrested is unauthorized to issue the same.
2d Because the process has been issued in a case and under circumstances where the Law does not allow process.
3d. Because the person having custody of said is unauthorized to excute the warrant under which he is acting, and is not the person empowered by law. to detain him.
4th. Because said has been by and before a competent court. legally examined and discharged in relation to the subject matter set forth in said warrant.
5th Because said writ is defective in a substantial form requird by law.
was called, and persisted in considering the authority under which he acted good and Sufficient
urged the 1st & 2 count, in his plea. and read from the constitution of the , Art 4. 2nd sec, 2d Par.
3d Count, read Revised Statutes of , page 51. sec 399, and p. 324.
4th Count. Read the certificate of John S. Dunlap clerk of the District Court for the County of Desmoines, Iowa Territory, dated May 21, 1844, a copy of which is on file in the clerks office,
said he had nothing to say. and the case was submitted
Decision. The Court is of opinion when they take into consideration their oath to support the constitution of the . that the certificate of John S. Dunlap, clerk of the District Court for the county of Desmoines [p. 101]
The court ordereed the to take charge of the . and have him forthcoming from time to time for trial.
asked for an adjournment until after-noon.
said if they want to go into the merits of the case, we will give them any time; but we propose to dispense with the merits. and move a discharge on the insufficiency of the papers. has no legal authority to arrest the , and read from page 51. Revised Statutes of . Sec 399.
Said he could show the Law diffent and asked for one weeks adjourned.
1. o’clock P. M. Court adjound, till after dinner to hear the pleas.
3 o’clock P. M. Court sat, the same as in the morning.
and counsel for , read and filed their plea. Moving the Court. that said be discharged and sufferd to go at large.
1st Because, the person issuing the warrant on which he has been arrested is unauthorized to issue the same.
2d Because the process has been issued in a case and under circumstances where the Law does not allow process.
3d. Because the person having custody of said is unauthorized to excute the warrant under which he is acting, and is not the person empowered by law. to detain him.
4th. Because said has been by and before a competent court. legally examined and discharged in relation to the subject matter set forth in said warrant.
5th Because said writ is defective in a substantial form requird by law.
was called, and persisted in considering the authority under which he acted good and Sufficient
urged the 1st & 2 count, in his plea. and read from the constitution of the , Art 4. 2nd sec, 2d Par.
3d Count, read Revised Statutes of , page 51. sec 399, and p. 324.
4th Count. Read the certificate of John S. Dunlap clerk of the District Court for the County of Desmoines, Iowa Territory, dated May 21, 1844, a copy of which is on file in the clerks office,
said he had nothing to say. and the case was submitted
Decision. The Court is of opinion when they take into consideration their oath to support the constitution of the . that the certificate of John S. Dunlap, clerk of the District Court for the county of Desmoines [p. 101]
Page 101