Petition, 16 May 1844 [U.S. v. Jeremiah Smith–A]

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Document Transcript

To the Honorable Municipal Court in and for the City of
The undersigned your most respectfully represents that he is now under arrest in the City of & that he is in the Custody of <​James A. McCance​> And by what autho[r]ity he is thus deprived of his Liberty your is unable to ascertain— your further avers that the Proceeding against him are Illegal in this that the Papers or Writ does not discloes such <​any​> a charge as is known to the Law—
And further that he has before been arrested upon a charge of the same kind and honorably acquitted. that said charge was upon the subject matter of which constitutes the subject foundation of the charge now prefered against him—
And further your avers that he is not guilty of the charge prefered against him—
Your further avers that these Proceedings have been instituted through malice private pique & corruption— [p. [1]] Your further avers that it is the object and disign of those who are Prosecuting him <​to take him​> before a tribunal in which he verily believes he cannot have a fair and impartial investigation of said charge—
Your further avers that he does not nor will not for one moment shrink from a fair and impartial investigation of the whole matter but that he courts it and is anxious that those base false and calummating [calumniating] charges may meet the <​fate​> they deserve and sink into Everlasting oblivion—
Your further avers that his constitutional rights are invaded by this ungodly prosecution, which rights at the hands of Your Honorable Body he hopes to be sustained and secured in— Your would therefore most respectfully ask your honorable Body to investigate the whole matter the Legality of the <​writ for​> arrest the merits of the charge a copy of which warrant of arrest is hereunto annexed [p. [2]] Your would therefore most respectfully ask your Honorable Body to grant him the benefit of your most gracious writ of Habeas Corpus that the ends of Justice may be obtained that the innocent may be shielded from the unhallowed Prosecutions of those who are disposed to trample upon Law & right And your as in duty bound Will Ever Pray—
subcribed and sworn to before me this 20th <​16th​> day of April <​May​> 1844
Joseph Smith
Mayor and chief Justice of the Municipal Court. [p. [3]]
Petition of for writ of Habeus Corpus
Filed May 16th 1844 [p. [4]]

Footnotes

  1. new scribe logo

    Insertion in handwriting of Willard Richards.  

  2. new scribe logo

    Insertion in handwriting of Willard Richards.  

  3. new scribe logo

    Signature of Jeremiah Smith..  

  4. new scribe logo

    Certification by JS in handwriting of William W. Phelps.  

  5. new scribe logo

    Docket in handwriting of Willard Richards.