History, 1838–1856, volume E-1 [1 July 1843–30 April 1844]

  • Source Note
  • Historical Introduction
Page 1653
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<​July 2​> Buggy on said journey while the said rode on the coach upon the assurance and pledge of James Campbell Esqr. the Sheriff of Illinois, who had said and in custody for want of bail, in a civil action, and upon whom they had served returnable before Judge Young at Ills Your affiants as well as others in company at the same time gave assurance and pledges to said that his prisoner the said Smith should not escape from him, and the said was satisfied as he avowed with the pledges aforesaid, and expressed himself to be so at the time, and fully consented that the said Smith might travel on said journey in the manner he did. That the friends of said Smith met him in great numbers as he approached the city of , by which place the Sheriff as these affidants believe voluntarily decided to go at the request of said Smith, and upon representations made to him that it was the best route to . That no violence was offered to said or , and that to the best of these affiants knowledge and belief no threats or intimidation were made use of to influence and control their conduct either during the journey to, or after their arrival at ; said and dined with said Smith at his own house and were hospitably entertained and after dinner, say in two hours after the arrival of the party in said , a writ of habeas Corpus was issued by the Municipal court of the said city of in favor of said Smith which was served upon said . The said made return of the writ together with the body of said Smith and alleged the causes of his capture and detention, at the same time denying the jurisdiction of the court, and alleging that he had been served with the prior writ of Habeas Corpus before mentioned said remained in and a part of the time in the Municipal court room and some time after the examination of the writ of Habeas Corpus issued by the Municipal Court had commenced, and as your affiants believe during the whole sitting of the Court on friday afternoon the 30th of June and then departed for after a patient examination of the fact and matter of law set forth in complainants petition which said examination lasted from friday afternoon till the next day Saturday, at night, the said Smith was discharged as for defects in the Warrant under which he had been arrested and was imprisoned as upon the merits of the case by the said [HC 5:477] Municipal Court, and these affiants further say that said and were before they arrived at the City of and while they were there, assured by the said Smith, and many of the Company who had travelled together from , (these affiants among the number,) that they should be protected from violence, and that the said Smith did publicly declare in to the people there assembled that his honor was pledged that said should be protected from violence, and requested every one to preserve his pledge inviolate. These affiants state further that no violence or threats to their knowledge or belief were made use of towards the said or the said either before or after their arrival at ; but the numbers who met and accompanied the said Smith and his escort on the journey conducted themselves in an orderly and peaceable manner and manifested only their attachment to said Smith, and joy to find him safe in the custody of the laws of the State of , all of which facts are true to the best of the knowledge and recollection of these affiants.
Sworn to &c.
Harmon Wasson
[p. 1653]
July 2 Buggy on said journey while the said rode on the coach upon the assurance and pledge of James Campbell Esqr. the Sheriff of Illinois, who had said and in custody for want of bail, in a civil action, and upon whom they had served returnable before Judge Young at Ills Your affiants as well as others in company at the same time gave assurance and pledges to said that his prisoner the said Smith should not escape from him, and the said was satisfied as he avowed with the pledges aforesaid, and expressed himself to be so at the time, and fully consented that the said Smith might travel on said journey in the manner he did. That the friends of said Smith met him in great numbers as he approached the city of , by which place the Sheriff as these affidants believe voluntarily decided to go at the request of said Smith, and upon representations made to him that it was the best route to . That no violence was offered to said or , and that to the best of these affiants knowledge and belief no threats or intimidation were made use of to influence and control their conduct either during the journey to, or after their arrival at ; said and dined with said Smith at his own house and were hospitably entertained and after dinner, say in two hours after the arrival of the party in said , a writ of habeas Corpus was issued by the Municipal court of the said city of in favor of said Smith which was served upon said . The said made return of the writ together with the body of said Smith and alleged the causes of his capture and detention, at the same time denying the jurisdiction of the court, and alleging that he had been served with the prior writ of Habeas Corpus before mentioned said remained in and a part of the time in the Municipal court room and some time after the examination of the writ of Habeas Corpus issued by the Municipal Court had commenced, and as your affiants believe during the whole sitting of the Court on friday afternoon the 30th of June and then departed for after a patient examination of the fact and matter of law set forth in complainants petition which said examination lasted from friday afternoon till the next day Saturday, at night, the said Smith was discharged as for defects in the Warrant under which he had been arrested and was imprisoned as upon the merits of the case by the said [HC 5:477] Municipal Court, and these affiants further say that said and were before they arrived at the City of and while they were there, assured by the said Smith, and many of the Company who had travelled together from , (these affiants among the number,) that they should be protected from violence, and that the said Smith did publicly declare in to the people there assembled that his honor was pledged that said should be protected from violence, and requested every one to preserve his pledge inviolate. These affiants state further that no violence or threats to their knowledge or belief were made use of towards the said or the said either before or after their arrival at ; but the numbers who met and accompanied the said Smith and his escort on the journey conducted themselves in an orderly and peaceable manner and manifested only their attachment to said Smith, and joy to find him safe in the custody of the laws of the State of , all of which facts are true to the best of the knowledge and recollection of these affiants.
Sworn to &c.
Harmon Wasson
[p. 1653]
Page 1653