Docket Entry, Petition and Order for Habeas Corpus, 31 December 1842 [Extradition of JS for Accessory to Assault]

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  • Historical Introduction
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In the matter of Joseph Smith)
In the Circuit Court Dist. of the Decr. Term 1842— Decr. 31st. day— On Petition for
And now at this day comes the said Joseph Smith by his Attorney and presents to the Court his Petition setting forth that he has been arrested and is detained in custody by Sheriff of upon a warrant issued by the of the State of upon the requisition of the of as a fugitive from Justice; and that he is also arrested by and by him also held <​and detained​> in custody (jointly with the said of ) upon a proclamation issued by the of the State of ; that he is arrested and detained as aforesaid under color of a Law of the ; and that his arrest and detention is illegal and in violation of law and without the authority of law in this, that the said Petitioner is not a fugitive from Justice, nor has he fled from the State of ; and praying that a writ of may be issued by this Court directed to the said and commanding them forthwith and without delay to bring the Petitioner before this Court to abide such order and direction as this Court may make in the premises: Upon reading and filing of which said Petition, It is considered and ordered by the Court that a writ of Habeas Corpus be issued as prayed for in said Petition returnable forthwith— [7 lines blank] [p. [9]]
In the matter of Joseph Smith)
In the Circuit Court Dist. of the Decr. Term 1842— Decr. 31st. day— On Petition for
And now at this day comes the said Joseph Smith by his Attorney and presents to the Court his Petition setting forth that he has been arrested and is detained in custody by Sheriff of upon a warrant issued by the of the State of upon the requisition of the of as a fugitive from Justice; and that he is also arrested by and by him also held and detained in custody (jointly with the said of ) upon a proclamation issued by the of the State of ; that he is arrested and detained as aforesaid under color of a Law of the ; and that his arrest and detention is illegal and in violation of law and without the authority of law in this, that the said Petitioner is not a fugitive from Justice, nor has he fled from the State of ; and praying that a writ of may be issued by this Court directed to the said and commanding them forthwith and without delay to bring the Petitioner before this Court to abide such order and direction as this Court may make in the premises: Upon reading and filing of which said Petition, It is considered and ordered by the Court that a writ of Habeas Corpus be issued as prayed for in said Petition returnable forthwith— [7 lines blank] [p. [9]]
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