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 honour, and as in duty bound your petitioners will ever pray &c.
And further your petitioners testify that the said Joseph Smith Jr 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 at .
Joseph Smith Jr
|State of Missouri)||ss|
|County of )|
This day personally appeared before me Abraham Shafer a Justice of the peace within and for the aforesaid , , , William Huntington, and Joseph Smith Jr who being duly sworn, do depose & say that the matters & things set forth in the foregoing Petition, upon their own knowledge are true in substance and in fact & so far as set forth upon the information of others, they believe to be true. Sworn and Subscribed to
Joseph Smith Jr
Sworn and subscribed to this 15th day of March 1839 before me Abraham Shafer, J.P.
We, the undersigned being many of us personally acquainted with the said Joseph Smith Jr 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 Newber[r]y—||Cyrus Daniels|
|—||Elias Smith |