History, 1838–1856, volume C-1 [2 November 1838–31 July 1842]

  • Source Note
  • Historical Introduction
Page 898
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<March 15  Petition of Joseph Smith  for Habeas Corpus> aver that they can disprove every item of testimony that has any tendency of  criminality against the Prisoner, for they know it themselves, and can bring many  others also to prove the same. Therefore your Petitioners pray your honor to grant  to him the ’s Writ of habeas corpus, directed to the jailor of , (Mo.)  commanding him forthwith to bring before you the body of the Prisoner, so  that his case may be heard before your honor, and the situation of the Prisoner  be considered and adjusted according to law and justice, as it shall be  presented before your honor, and as in duty bound, your petitioners will  ever pray. And, farther your petitioners testify that the said Joseph  Smith Junr. did make a public proclamation in , in favor of  the Militia of the State of , and of its laws, and, also of the  Constitution of the ; that he has ever been a warm friend to  his country, and did use all his influence for peace; that he is a peaceable  and quiet citizen, and is not worthy of death, of stripes, bonds or imprisonment  The above mentioned Speech was delivered on the day before the surrender  of , , William Huntington,  , Joseph Smith Junr.—
State of , County of — ss— This day personally appeared  before me, Abraham Shafer, a Justice of the Peace, within and for the  aforesaid , , Wm. Huntington,  , and Joseph Smith Junr., who being duly sworn, do  depose and say that the matters and things set forth in the foregoing  petition, upon their own knowledge, are true in substance and in fact,  and so far as set forth upon the information of others, they believe to be  true. , , Wm. Huntington, ,  and Joseph Smith Junr.— Sworn and subscribed to before me, this 15th. day  of March 1839. Abraham Shafer J. P. We the undersigned,  being many of us personally acquainted with the said Joseph Smith jun,  and the circumstances connected with his imprisonment, do concur in  the petition and testimony of the above named individuals, as most of  the transactions therein mentioned we know from personal knowledge,  to be correctly set forth, and from information of others, believe the remainder  to be true. , , James Newbery, Cyrus Daniels,  , Elias Smith.”
The same day , , , and my fellow prisoners, made  each a similar petition.

17 March 1839 • Sunday

<17  Conference in > Sunday 17. Extract from the minutes of a Conference of the Church of Jesus  Christ of Latter Day Saints, held in on the 17th. of March 1839. was unanimously called to the Chair, and chosen  Clerk. then arose and gave a statement of the circumstances  of the Church at , and his feelings in regard to the scattering of the  brethren, believing it to be wisdom to unite together as much as possible,  in extending the hand of charity for the relief of the poor, who were suffering  under the hand of persecution in , and to pursue that course that [p. 898]
March 15 Petition of Joseph Smith for Habeas Corpus aver that they can disprove every item of testimony that has any tendency of criminality against the Prisoner, for they know it themselves, and can bring many others also to prove the same. Therefore your Petitioners pray your honor to grant to him the ’s Writ of habeas corpus, directed to the jailor of , (Mo.) commanding him forthwith to bring before you the body of the Prisoner, so that his case may be heard before your honor, and the situation of the Prisoner be considered and adjusted according to law and justice, as it shall be presented before your honor, and as in duty bound, your petitioners will ever pray. And, farther your petitioners testify that the said Joseph Smith Junr. did make a public proclamation in , in favor of the Militia of the State of , and of its laws, and, also of the Constitution of the ; that he has ever been a warm friend to his country, and did use all his influence for peace; that he is a peaceable and quiet citizen, and is not worthy of death, of stripes, bonds or imprisonment The above mentioned Speech was delivered on the day before the surrender of , , William Huntington, , Joseph Smith Junr.—
State of , County of — ss— This day personally appeared before me, Abraham Shafer, a Justice of the Peace, within and for the aforesaid , , Wm. Huntington, , and Joseph Smith Junr., who being duly sworn, do depose and say that the matters and things set forth in the foregoing petition, upon their own knowledge, are true in substance and in fact, and so far as set forth upon the information of others, they believe to be true. , , Wm. Huntington, , and Joseph Smith Junr.— Sworn and subscribed to before me, this 15th. day of March 1839. Abraham Shafer J. P. We the undersigned, being many of us personally acquainted with the said Joseph Smith jun, and the circumstances connected with his imprisonment, do concur in the petition and testimony of the above named individuals, as most of the transactions therein mentioned we know from personal knowledge, to be correctly set forth, and from information of others, believe the remainder to be true. , , James Newbery, Cyrus Daniels, , Elias Smith.”
The same day , , , and my fellow prisoners, made each a similar petition.

17 March 1839 • Sunday

17 Conference in Sunday 17. Extract from the minutes of a Conference of the Church of Jesus Christ of Latter Day Saints, held in on the 17th. of March 1839. was unanimously called to the Chair, and chosen Clerk. then arose and gave a statement of the circumstances of the Church at , and his feelings in regard to the scattering of the brethren, believing it to be wisdom to unite together as much as possible, in extending the hand of charity for the relief of the poor, who were suffering under the hand of persecution in , and to pursue that course that [p. 898]
Page 898