Journal, December 1841–December 1842

  • Source Note
  • Historical Introduction
Page 129
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6 August 1842 • Saturday
Saturday 6th. Went over the river to to witness the installation of officers of  the Rising Sun Lodge, in company with Col. Brewer &c
7 August 1842 • Sunday
Sunday 7th. At home all day
8 August 1842 • Monday
Monday 8th. This A.M the Deputy Sheriff of in company with two other officers came  with a warrant from and arrested Joseph and . the latter  being charged with shooting of with intent to kill on the evening  of the 6th. of May last and Joseph with being accessary. The city council convened  immediately and issued a writ of Habeus Corpus to stop them from taking Joseph &   away without a trial here. The Deputy Sheriff hesitated complying with  the writ of Habeus Corpus for some time on the ground (as he said) of not knowing  wether this city had authority to issue such writ but after much consultation  on the subject they finally agreed to leave the prisoners in the hands of the and returned to to ascertain from the wether  our charter gave the city jurisdiction over the case
Received a letter from Post Office which had been broke open and was much  grieved at the meanness of its contents.
9 August 1842 • Tuesday
Tuesday 9th. In company with & from preparing for  the return of the Sheriff. Prepared a writ of Habeus Corpus from the Master  in Chancery.
10 August 1842 • Wednesday
Wednesday 10th. The Deputy Sheriff returned but could not find Joseph. He endeavoured to  alarm & the Brethren by his threats, but could not do it  they understanding the nature of the Law in that case.
11 August 1842 • Thursday
Thursday 11th. This A.M. brother entered into conversation with the Deputy upon the  illegallity of the whole proceedings in reference to the arrest. After some  remarks from both parties the Sherif acknowledged that he believed  Joseph was innocent and that s course which he  had pursued was unjustifiable and illegal. During the day Joseph  who was at this time at Uncle s in sent  word that he wished to see bro’s ,  and others, with instructions to meet on the between  and after Dark. Whereupon , , , ,  , & met at the water side  near the sometime after dark and proceeded in a Skiff to  the . We proceeded between the untill we arrived near  the lower end; and then hauled to shore. After waiting a very little while,  the skiff arrived from the opposite shore, and in it; Joseph and .  A council was then held in the skiffs, and various statements set forth  in regard to the state of things. It was ascertained that the of ,  had issued a Warrant for the apprehension of Joseph, and ;  and that the sheriff of , was expected down immediately.  Very strong evidence was also manifested that of   was not acquainted with these proceedings. That had made oath before a justice of the peace or a Judge and that  the Judge had made the requisition and not .  Also that the writ issued by was illigal and unjustifiable [p. 129]
6 August 1842 • Saturday
Saturday 6th. Went over the river to to witness the installation of officers of the Rising Sun Lodge, in company with Col. Brewer &c
7 August 1842 • Sunday
Sunday 7th. At home all day
8 August 1842 • Monday
Monday 8th. This A.M the Deputy Sheriff of in company with two other officers came with a warrant from and arrested Joseph and . the latter being charged with shooting of with intent to kill on the evening of the 6th. of May last and Joseph with being accessary. The city council convened immediately and issued a writ of Habeus Corpus to stop them from taking Joseph & away without a trial here. The Deputy Sheriff hesitated complying with the writ of Habeus Corpus for some time on the ground (as he said) of not knowing wether this city had authority to issue such writ but after much consultation on the subject they finally agreed to leave the prisoners in the hands of the and returned to to ascertain from the wether our charter gave the city jurisdiction over the case
Received a letter from Post Office which had been broke open and was much grieved at the meanness of its contents.
9 August 1842 • Tuesday
Tuesday 9th. In company with & from preparing for the return of the Sheriff. Prepared a writ of Habeus Corpus from the Master in Chancery.
10 August 1842 • Wednesday
Wednesday 10th. The Deputy Sheriff returned but could not find Joseph. He endeavoured to alarm & the Brethren by his threats, but could not do it they understanding the nature of the Law in that case.
11 August 1842 • Thursday
Thursday 11th. This A.M. brother entered into conversation with the Deputy upon the illegallity of the whole proceedings in reference to the arrest. After some remarks from both parties the Sherif acknowledged that he believed Joseph was innocent and that s course which he had pursued was unjustifiable and illegal. During the day Joseph who was at this time at Uncle s in sent word that he wished to see bro’s , and others, with instructions to meet on the between and after Dark. Whereupon , , , , , & met at the water side near the sometime after dark and proceeded in a Skiff to the . We proceeded between the untill we arrived near the lower end; and then hauled to shore. After waiting a very little while, the skiff arrived from the opposite shore, and in it; Joseph and . A council was then held in the skiffs, and various statements set forth in regard to the state of things. It was ascertained that the of , had issued a Warrant for the apprehension of Joseph, and ; and that the sheriff of , was expected down immediately. Very strong evidence was also manifested that of was not acquainted with these proceedings. That had made oath before a justice of the peace or a Judge and that the Judge had made the requisition and not . Also that the writ issued by was illigal and unjustifiable [p. 129]
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