Historian’s Office, Martyrdom Account

  • Source Note
  • Historical Introduction
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prisoners had already been committed “until discharged by due course of law”; and that <​therefore​> the justice and had no further control of the prisoners, and that if the prosecutors wished the prisoners brought out of jail, they should <​might​> bring them out on a writ of Habeas Corpus, or some other “due course of law”; where <​when​> we would appear and defend.
12½ P. M. <​noon​> arrived at the Jail
came in with the following letter from “Messrs” -[copy]- “Genl
said he had got the Magistrate on a pin hook; for the magistrate had committed them without examination and had no further jurisdiction in the case, <​and he would not cons agree to a trial unless​> If <​(Capt)​> Justice [Robert F.] Smith would consent to go to for examination <​where witnesses could be had.​>
said that a week ago <​and another​> and <​had​> concocted a scheme for <​a​> writ <​to take Joseph​> for <​to​> <​and when he was apprehended hide take him to ​> <​and ​> returned from the night before the burning of the Press
1. P.M. wrote to <​his ​>, and [p. 35]
prisoners had already been committed “until discharged by due course of law”; and therefore the justice and had no further control of the prisoners, and that if the prosecutors wished the prisoners brought out of jail, they might bring them out on a writ of Habeas Corpus, or some other “due course of law”; when we would appear and defend.
12½ noon arrived at the Jail
came in with the following letter from “Messrs” -[copy]- “Genl”
said he had got the Magistrate on a pin hook; for the magistrate had committed them without examination and had no further jurisdiction in the case, and he would not agree to a trial unless (Capt) Justice Robert F. Smith would consent to go to for examination where witnesses could be had.
said that a week ago and another had concocted a scheme for a writ to take Joseph and when he was apprehended take him to and returned from the night before the burning of the Press
1. P.M. wrote to his , and [p. 35]
Page 35