Affidavit from Shepherd Patrick and Others, 2 July 1843, George Walker Copy

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, Harmon Wasson, and being duly sworn depose and say that they were in company with and the former acting as agent of the state of and having in custody Joseph Smith who was styled in the warrant by which he had been arrested Joseph Smith Jr. and who had been delivered into the custody of said by said who had first as an officer of the State of arrested him the said Smith upon a warrant issued by his excellency to apprehend him as a fugitive from the justice of the State of when it was alledged he was charged with treason against the said State of : that the arrest and transfer of the custody of said Smith took place in Ills. And that while said was at in said a writ of was served on him in behalf of said Smith commanding him to bring said Smith before the nearest Judge or Judicial tribunal in the fifth Judicial district of the State of authorised to hear and determine upon writs of Habeas Corpus: that said acted as a guard and assistant under said on their journey from till they arrived at the city of : that said Smith was allowed by said to ride his horse & in a Buggy on said journey while the said rode in the coach upon the assurance and pledge of Jas. Campbell Esqr. the sheriff of Ills. who had said & in custody for want of bail in a civil action & upon whom they had served Habeas Corpus returnable before at Ills. your affiants as well as others in company at the same time gave assurance & pledges to said that his prisoner the said Smith should not escape from him, and the said was satisfied as he avowed with the pledges aforesaid & expressed himself to be so at the [p. [1]] time & fully consented that the said Smith might travel on said journey in the manner he did. That the friends of said Smith met him in great numbers as he approached the city of by which place the sheriff as these affiiants believe voluntary decided to go at the request of said Smith and upon representations made to him that it was the best route to . That no violence was offered to said or & that to the best of these affiants knowledge & belief no threats or intimidation were made use of to influence & controul their conduct either during the journey or after their arrival at ; said & dined with said Smith at his own house & were hospitably entertained and after dinner say in two hours after the arrival of the Party in said , a writ of was issued by the municipal Court of the said city of in favour of said Smith which was served upon said . The said made return of the writ together with the body of said Smith & alledged the causes of his Caption <​Capture​> and detention, at the same time denying the jurisdiction of the Court & alledging that he had been served with the prior writ of Habeas Corpus before mentioned said remained in and a part of the time in the Municipal Court room & some time after the examination of the writ of Habeas Corpus issued by the Municipal Court had commenced and as your affiants believe during the whole sitting of the Court on friday afternoon the 30th. of June & then departed for after a patient examination of the fact & matter of law set forth in complainants petition which said examination lasted from friday afternoon till the next day Saturday at night the said Smith was discharged as for defects in the Warrant under which he had been arrested and was imprisoned as upon the merits of the case by the said municipal Court and these affiants further say [p. [2]] that said and were before they arrived at the City of & while they were there assured <​by​> the said Smith and many of the company who had traveled together from , (these affiants among the number,) that they should be protected from violence and that the said Smith did publickly declare in to the people there assembled that his honour was pledged that said should be protected from violence and requested every one to preserve his pledge inviolate. These affiants state further that no violence or threats to their knowledge or belief were made use of towards the said or the said either before or after their arrival at ; but the numbers who met and accompanied the said Smith and his escort on their journey conducted themselves in an orderly and peaceable manner and manifested only their attachment to said Smith and joy to find him safe in the custody of the laws of the State of all of which facts are true to the best of the knowledge and recollection of these affiants
Harman Wasson
Sworn to &c [p. [3]]
Dated July 2d. 1843
Inre
Joseph Smith State of
 
Affidavits of Messrs. , Wasson, & in relation to writs of &c [p. [4]]

Footnotes

  1. new scribe logo

    Docket in handwriting of George Walker.