History, 1838–1856, volume F-1 [1 May 1844–8 August 1844]

  • Source Note
  • Historical Introduction
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8 May 1844 • Wednesday
<May 8> Wednesday 8. Returned home. At 10 A. M. went before the Municipal Court on the case “ vs Joseph Smith”; I insert the report of the trial as published by direction of the Court:
Municipal Court, City of , Illinois.
Third day, Regular Term, May 8th., 1844.
Before Alderman , acting chief justice, and Alderman , , , , Gustavus Hills, , and , associate justices, presiding.
Ex-Parte,)
Joseph Smith, Senr.) Messrs. [George] Stiles & ,
On Habeas Corpus.) Counsel for Smith.
“This case came before the Court upon a return to a writ of habeas corpus which was issued by this court on the 6th. of May, instant, upon petition of Joseph Smith, Sen. as follows:
 
State of Illinois.) Sct.
City of .)
To the Honorable Municipal Court in and for the City of :
“The undersigned, your petitioner, most respectfully represents that he is an inhabitant of said ; your petitioner further represents that he is under arrest in said , and is now in the custody of one , deputy sheriff of the County of , and State of [HC 6:357] Illinois; that the said holds your petitioner by virtue of a writ of ‘capias ad respondendum’, issued by the clerk of the Circuit Court of the County of , and State of Illinois, at the instance of one of said county, requiring your petitioner to answer the said , ‘of a plea of the case’, damage five thousand dollars; your petitioner further represents that the proceedings against him are illegal; that the said warrant of arrest is informal, and not of that character which the law recognizes as valid; that the said writ is wanting and deficient in the plea therein contained; that the charge or complaint which your petitioner is therein required to answer, is not known to the law.
“Your petitioner further avers that the said writ does not disclose in any way or manner whatever any cause of action; which matter your petitioner most respectfully submits for your consideration, together with a copy of the said warrant of arrest which is hereunto attached.
“Your petitioner further states that this proceeding has been instituted against him without any just or legal cause; and further that the said is actuated by no other motive than a desire to persecute and harass your petitioner for the base purpose of gratifying feelings of revenge, which, without any cause, the said has for a long time been fostering and cherishing.
“Your petitioner further states that he is not guilty of the charge preferred against him, or of any act against him, by which the said could have any charge, claim, or demand whatever against your petitioner.
“Your petitioner further states that he verily believes that another object the said had in instituting the proceeding was, and is, to throw your petitioner into the hands of his enemies, that he might the better carry out a conspiracy which has for some time been brewing against the life of your petitioner. [p. 7]
8 May 1844 • Wednesday
May 8 Wednesday 8. Returned home. At 10 A. M. went before the Municipal Court on the case “ vs Joseph Smith”; I insert the report of the trial as published by direction of the Court:
Municipal Court, City of , Illinois.
Third day, Regular Term, May 8th., 1844.
Before Alderman , acting chief justice, and Alderman , , , , Gustavus Hills, , and , associate justices, presiding.
Ex-Parte,)
Joseph Smith, Senr.) Messrs. [George] Stiles & ,
On Habeas Corpus.) Counsel for Smith.
“This case came before the Court upon a return to a writ of habeas corpus which was issued by this court on the 6th. of May, instant, upon petition of Joseph Smith, Sen. as follows:
 
State of Illinois.) Sct.
City of .)
To the Honorable Municipal Court in and for the City of :
“The undersigned, your petitioner, most respectfully represents that he is an inhabitant of said ; your petitioner further represents that he is under arrest in said , and is now in the custody of one , deputy sheriff of the County of , and State of [HC 6:357] Illinois; that the said holds your petitioner by virtue of a writ of ‘capias ad respondendum’, issued by the clerk of the Circuit Court of the County of , and State of Illinois, at the instance of one of said county, requiring your petitioner to answer the said , ‘of a plea of the case’, damage five thousand dollars; your petitioner further represents that the proceedings against him are illegal; that the said warrant of arrest is informal, and not of that character which the law recognizes as valid; that the said writ is wanting and deficient in the plea therein contained; that the charge or complaint which your petitioner is therein required to answer, is not known to the law.
“Your petitioner further avers that the said writ does not disclose in any way or manner whatever any cause of action; which matter your petitioner most respectfully submits for your consideration, together with a copy of the said warrant of arrest which is hereunto attached.
“Your petitioner further states that this proceeding has been instituted against him without any just or legal cause; and further that the said is actuated by no other motive than a desire to persecute and harass your petitioner for the base purpose of gratifying feelings of revenge, which, without any cause, the said has for a long time been fostering and cherishing.
“Your petitioner further states that he is not guilty of the charge preferred against him, or of any act against him, by which the said could have any charge, claim, or demand whatever against your petitioner.
“Your petitioner further states that he verily believes that another object the said had in instituting the proceeding was, and is, to throw your petitioner into the hands of his enemies, that he might the better carry out a conspiracy which has for some time been brewing against the life of your petitioner. [p. 7]
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