Pleas, circa 13 September 1843 [JS v. Reynolds and Wilson–A]

  • Source Note
  • Historical Introduction

Document Transcript

&) circuit court Sept[emb]er term A D 1843,
)
)
Joseph Smith)
and the said defendants by [William] Heaton their attorney, come and defend the wrong and injury when &c and say that they are not guilty of the said supposed tresspasses above laid to their charge or any part thereof in manner and form as the said plaintiff has above thereof declared against them and of this they put themselves &c
And for further plea in this behalf as to the making the said assault in said mentioned and with a little force and violence seizing and laying hold of the said plaintiff and pulling and draging him about, and pulling and tearing the said plaintiff with a little haste and violence from his & family & a little forceing and compelling the said plaintiff to go from and out of a certain dwelling house, into the public road, and along divers roads to the town of , and then and there with a little force and against the will and consent of the said plaintiff imprisoning and holding and keeping him in duress detained and confined during the space of time in said declaration mentioned and then and there with a little force seizing and laying hold of said plaintiff and dragging forcing and compelling him to go through the streets of and then and there attempting to drag and convey the said plaintiff out of the said , in the said plaintiffs declaration mentioned the said defendants according to the form of the statute in such cases made & provided say that the said plaintiff ought not to have or maintain his aforesaid action a[gai]nst them because they say that before the said time when &c in the said plaintiff declaration mentioned to wit at a circuit court [p. [1]] begun and held at the court house in the town of within and for the County of , in the fifth judicial circuit in the state, of , on the first monday in june A D Eighteen hundred and forty three (it being the fifth day of said term month) present the Hon Judge of said circuit and aforesaid commissioned & assgned to hold the courts in said , Sheriff and clerk of said court, The returned into said court, the states writ of to him directed, executed on John W Thornton Nimerod Duncan John A Tuggle John Edwards, William Roper Solomon Frazier Moses Netherton Joseph Smith Levi Peacock William Mitchell John McCluny James Stone Thomas Drain Benedict Sheldon and Joseph L. Nelson, all good and lawful men resident householders of said , John W Thornton being then & there appointed foreman who together with his fellow jurors being duly sworn as a grand inquest and jury for said receved a charge from the court & retired to consider of their presentments and afterwards to wit on the day & year & at the place last aforesaid returned into court, an indictment for treason (the said court & jury then & there having jurisdiction thereof) <​the said plaintiff by the name of​> against Joseph Smith jun endorsed by the of said jury as a said treason as by said bill alleged having before that time been by the said <​plaintiff by the name of​> the said Joseph Smith jnr committed at within and against the said state of and afterwards to wit, on the thirteenth day of June in the year last aforesaid to wit at the city of in the state aforesaid, it having been then and duly & lawfully represented & shown to Esqr [p. [2]] Governor of the said State of that the said Joseph Smith <​Jn​> so indicted as aforesaid for the crime of treason against said state of to wit the plaintiff in this suit, and it being lawfully represented to the executive department of said that the said plaintiff so indicted and charged as aforesaid under the name and stile of Joseph Smith junior had fled to the state of , the said Governor of the said state of by virtue of the authority in him vested by the constitution and laws of the , then and there sent issued and directed his letter missive authority & warrant in writing under his hand and the Seal of the said state of , to the of the state of demanding the delivery and surrender of the said plaintiff so indicted under the name & stile of Joseph Smith jr to the said defendant as agent on the part of the state of to receive said plaintiff on the part of the said , and the said Governor <​of the said state of ​> to wit on the day & year & at the place last aforesaid did constitute & appoint the by authority, aforesaid the said , agent of the said State of to proceed to the said State of for the purpose of receiving from Authorities of said the plaintiff so indicted as aforesaid, and charged with treason against the said State of by him committed and as having fled from justice to the State of , thereby authorizing and directing the said , to convey the said plaintiff from the state of and deliver him to the custody of the sheriff of said in said state of [p. [3]] , by virtue of which said letter missive andauthority so as aforesaid sent by the said of to the said of the state of demanding the said plaintiff so indicted & charged as aforesaid, as a fugitive from the justice of the said state of as well as by virtue <​of the authority​> in him vested by the constitution and laws of the & of this state Governor of the state of issued his warrant <​under his hand & the seal of state​>directed to all sheriffs coroners & constables of any county in said and to the said defendant of the county of in particular commanding them & him to arrest the said Joseph S defendant, so indicted and charged by the name of Joseph Smith jn if he should be found within the limits of the said state of , and to cause him to be safely kept and delivered to the said so constituted as aforesaid agent, of the said state of to receive said plaintiff as a fugitive from the justice of said which said warrant was then & there delivered to the said , defendant as aforesaid, by virtue of which said warrant the said did afterwards to wit, at the said time when &c, in said plaintiffs mentioned to wit at and within the said state of , (the said being in company with the said aiding and assisting him the said at his the said ’s request,) took and arrested the said plaintiff and with a little force and violence seized and laid hold of the said plaintiff and pulled and dragged him and with a little haste and violence puled and tore the said plaintiff from his and family and forced & compelled the said Plaintiff [p. [4]] to go from & out of a certain dwelling house, into the public road, &c, as was necessary for the arresting and safekeeping, of the said defendant plaintiff and to deliver him over to the said defendant so authorized to receive the said defendant as aforesaid as agent for the said state of and the said defendant, did then & there to wit at & within the said county of , when &c in the said plffs mentioned in pursuance of the aforesaid warrant, from the said Governor of the state of , deliver over and to the said defendant, , the said plaintiff so as aforesaid in the custody & keeping of the said and the said then & there to wit at the time when &c in plff declaraion mentioned (the said aiding and assisting the said at his request,) did with a little force and violence force and compel the said plaintiff in and along certain roads to the town of , and then and there with a little force against the will of the said plaintiff imprison hold and keep the said plaintiff detained and confined during the space of time in said declaration <​mentioned​> and did then and there with a little force, seize and lay hold of the said plaintiff and force and compel the said plaintiff through the streets of and then and there attem<​p​>ted to drag and convey the said plaintiff out of the said to wit to said state of , in said declaration mentioned as he lawfully might do by virtue of the authority aforesaid <​the said defendant then using no more force and violence than was necessary for the purpose &c aforesaid​> and as to the said blows strokes beating bruising wounding &c with fire arms pistols & Guns & otherwise <​with great force & vilolence & & whatever else is against​><​the peace and dignity of the people of the state of ​>as on said declaration mentioned the said defendants [p. [5]] say they are not guilty in manner and form as the said plaintiff has in his said mentioned as set forth, and this they are ready to verify, wherefour they pray judgment and that the said plaintiff be barred from having or maintaining his aforesaid action agains[t] them the said defendants,
[Joseph] Knox [John Wilson] Drury & Heaton attys, for deft,
 
44
&
Joseph Smith
 
Filed Sept. 14— 1843
C[harles] T. Chase Clerk
M Fellows deputy [p. [6]]

Footnotes

  1. new scribe logo

    Docket in handwriting of M. Fellows.  

  2. new scribe logo

    Notation in handwriting of M. Fellows.