Affidavit, 2 January 1843, William Clayton Copy [Extradition of JS for Accessory to Assault]

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Circuit Court of the District of
In the matter)
of)
Joseph Smith upon )
)
Joseph Smith being brought up on Habeas Corpus before this Court comes and denies the matter set forth in the return at to the same in this, that he is not a fugitive from the justice of the State of ; but alleages and is ready to prove that he was not in the State of at the time of the Commission of the alledged crime set forth in the affidavit of , nor had he been in said for more than three years previous to that time, nor has he been in that since that time— but on the contrary at the time the said alledged assault was made upon the said as set forth in said affidavit the said Smith was at in the County of in the State of , and that he has not fled from the justice of the State of and taken refuge in the State of , as is most untruly stated in the warrant upon which he is arrested, and that the matter set forth in the requisition of the of and in the said Warrant are not supported by oath
Joseph Smith
State of Ss. [scilicet] Joseph Smith being duly sworn saith that the matter and things set forth in the foregoing statement are true.
Joseph Smith
Sworn and subscribed to before me this 2nd. day of Jany 1843
Clk [p. [19]]
Circuit Court of the District of
In the matter)
of)
Joseph Smith upon )
)
Joseph Smith being brought up on Habeas Corpus before this Court comes and denies the matter set forth in the return to the same in this, that he is not a fugitive from the justice of the State of ; but alleages and is ready to prove that he was not in the State of at the time of the Commission of the alledged crime set forth in the affidavit of , nor had he been in said for more than three years previous to that time, nor has he been in that since that time— but on the contrary at the time the said alledged assault was made upon the said as set forth in said affidavit the said Smith was at in the County of in the State of , and that he has not fled from the justice of the State of and taken refuge in the State of , as is most untruly stated in the warrant upon which he is arrested, and that the matter set forth in the requisition of the of and in the said Warrant are not supported by oath
Joseph Smith
State of Ss. [scilicet] Joseph Smith being duly sworn saith that the matter and things set forth in the foregoing statement are true.
Joseph Smith
Sworn and subscribed to before me this 2nd. day of Jany 1843
Clk [p. [19]]
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