<​4​> and for a further in this behalf as to the assaulting and as is in his said mentioned and as to the impris[on]ing and the said and Keeeping him in prison for the said time in the said declaration mentioned the said defendets by leave of the court say the ought not to have or maintain his aforesaid against them because they <​say​> that before and at the time when &c in the said declaration mentioned that the said Joseph Smith then and there being <​to wit at and within the city of and County of Hancock​> Mayor of said city of <​and by virtue of his office conservator of the peace for the state of within said city of ​> commanded one Marshall of the aforesaid to arrest the with other persons for resisting said in the arrest of one in said and for a breach of the Peace in the presence of Joseph Smith Mayor aforesaid whareuppon said did proceed to arrest the and uppon resistence being made the aforesaid called uppon one of the defendents to assist him in the arrest arrest of the whareuppon said laid gentle hold of said for the purpus aforesaid whareuppon the became greatly inraged and drew a pistol and threatened to shoot Joseph Smith Mayor [p. [5]]