Evidence in support of said Petition, It is ordered and considered by the Court that the said Joseph Smith Senior be discharged from the said arrest and imprisonment complained of in said Petition, and that the said Smith be discharged for want of substance in the Warrant upon which he was arrested as well as upon the merits of said Case, and that he .
The Petition, requisition, Warrant & proceedings, to be recorded here.
To the Honorable the Municipal Court. of the City of , Hancock County and State of Illinois:—
Your petitioner, Joseph Smith, Senior, who has been arrested by and under the name of Joseph Smith Junr states on oath, that he is now detained as a prisoner, and in the custody of in the said city of , and State of , who claims to be the Agent of the State of , and that your petitioner was arrested by one by virtue of what purports to be a warrant issued to be a by His Excellent <Excellency>, , Governor of the State of , in the county of , and State of , and by said of , your petitioner was delivered into the custody of said , at and within the county county of , aforesaid; that said supposed warrant, so issued by his Excellency, Governor as aforesaid, and the arrest thereupon, and the imprisonment consequent thereupon, by said , and afterward by said , is illegal, and in violation of law, and without the authority of law as he is informed and verily believes, for the following, besides other reasons, to wit,
1st The said supposed warrant so issued by the Said of the State of as aforesaid does not confer any authority to arrest your petitioner, for that it commands the officers therein named to arrest one Joseph Smith, Junior, and your petitioner avers that he is not known and reputed by the name of Joseph Smith Junior.
2d The said supposed warrant is defective and void, for that it does not that the recite that the Joseph Smith, Junior, mentioned therein, has been demanded by the of the the [p. 56]