On Habeus Corpus. October 10th. 1843.

This day came and upon the reading and filing the petition for a writ of Habeus Corpus to be directed to one Samuel Waterman to have forthwith before the Municipal Court the body of said , upon said Writ of Habeus Corpus; said writ of Habeus corpus was issued by the in accordance with the prayer of , no fees allowed.

Wednesday morning 10 o’clock. October 11th. 1843

Special Term,

Present associate Justices , , , , , and . was chosen President Pro. Tem.

, the person named thereon, made his return on the original writ of Habeus corpus. which writ, with the return thereon is now on file.

Samuel Waterman made his return on the copy of the original writ served on him and the same as <​is​> now on file. . . Court adjourned until Friday morning 10 o’clock. October 13th. 1843.

Court present, according to adjournment, To Wit; Joseph Smith chief Justice; , , , and associate Justices.

, to whose charge the was. committed, made his return “The sick but in custody at my <​his​> house.”

Then came by his Attorney , and plead his discharge on informality in the original writ,— and for want of substance in the affidavit, with rejoinder by acting attorney for the State.

The Court adjudged the papers sufficient to proceed to trial. , , and in the affirmative; , & chief Justice Smith in the negative.

At 15 minutes past 12— Court adjourned until 2 o’clock. [p. 87]