History, 1838–1856, volume F-1 [1 May 1844–8 August 1844]

  • Source Note
  • Historical Introduction
Page 8
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<​May 8​>“Your petitioner further states that the suit which has been instituted against him has been instituted through malice, private pique, and corruption.
“Your petitioner would therefore most respectfully ask your honorable body to grant him the benefit of the writ of habeas corpus, that the whole matter may be thoroughly investigated, and such order made as the law and justice demands in the premises; and your petitioner will every pray.
Joseph Smith, Senr.
, May 6th., 1844.”
 
State of Illinois.) Sct.
City of .)
The people of the State of :
To the of said city greeting.
“Whereas, application has been made before the Municipal Court of [HC 6:358] said , that the body of one Joseph Smith, Senior, of the said City of , is in the custody of , deputy sheriff of , and State aforesaid:
“These are therefore to command the said , of the aforesaid, to safely have the body of said Joseph Smith, Senior, of the 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 forthwith, to abide such order as the said Court shall make in this behalf; and further, if the said , or other person or persons having said Joseph Smith, Senior, of said City of , in custody, shall refuse or neglect to comply with the provisions of this writ, you the of said , 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 you.
“Witness, , Clerk of the Municipal Court at , this 6th. day of May, in the year of our Lord one thousand eight hundred and forty-four.
,
Clerk, M. C. C. N.”
 
“I hold the within named Joseph Smith, Senior, under arrest, by virtue of a capias ad respondendum
Circuit Court,
To May Term, A. D. 1844.
,) In case.
vs.)
Joseph Smith.)
“The day of his caption, May 6th., 1844.
“To damage, five thousand dollars.
, S. H. C.
By , D. S.” [p. 8]
May 8“Your petitioner further states that the suit which has been instituted against him has been instituted through malice, private pique, and corruption.
“Your petitioner would therefore most respectfully ask your honorable body to grant him the benefit of the writ of habeas corpus, that the whole matter may be thoroughly investigated, and such order made as the law and justice demands in the premises; and your petitioner will every pray.
Joseph Smith, Senr.”
, May 6th., 1844.”
 
State of Illinois.) Sct.
City of .)
The people of the State of :
To the of said city greeting.
“Whereas, application has been made before the Municipal Court of [HC 6:358] said , that the body of one Joseph Smith, Senior, of the said City of , is in the custody of , deputy sheriff of , and State aforesaid:
“These are therefore to command the said , of the aforesaid, to safely have the body of said Joseph Smith, Senior, of the 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 forthwith, to abide such order as the said Court shall make in this behalf; and further, if the said , or other person or persons having said Joseph Smith, Senior, of said City of , in custody, shall refuse or neglect to comply with the provisions of this writ, you the of said , 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 you.
“Witness, , Clerk of the Municipal Court at , this 6th. day of May, in the year of our Lord one thousand eight hundred and forty-four.
,
Clerk, M. C. C. N.”
 
“I hold the within named Joseph Smith, Senior, under arrest, by virtue of a capias ad respondendum
Circuit Court,
To May Term, A. D. 1844.
,) In case.
vs.)
Joseph Smith.)
“The day of his caption, May 6th., 1844.
“To damage, five thousand dollars.
, S. H. C.
By , D. S.” [p. 8]
Page 8