Account of Hearing, 4 January 1843 [Extradition of JS for Accessory to Assault]

Page 54
image
he has all the force<​of the state to​> to back him <​Read​> 2d cond[e]nsed 55.— washi[n]gton reports &c
The party attempts to prove an allibi— can such a defence be made here— can the court try this part of the case that smith was in this state.— no court <​is​> competent to try the case, if <​we​> go behind the papers then we can try the whole case;— we are trying the guilt or innocencce.— Court. <​said the​> qustion is not the guilt or innocenc[e]. or but is he a fugitive. . . . <​ said​> if the court could understa[n]d me. <​court​> the court does understa[n]d you perfe[c]tly. if [p. 54]
he has all the forceof the state to back him Read 2d condensed 55.— washington reports &c
The party attempts to prove an allibi— can such a defence be made here— can the court try this part of the case that smith was in this state.— no court is competent to try the case, if we go behind the papers then we can try the whole case;— we are trying the guilt or innocencce.— Court. said the qustion is not the guilt or innocence. but is he a fugitive. . . . said if the court could understand me. court the court does understand you perfectly. [p. 54]
Page 54