20031837

Petition to George Thompkins, 15 March 1839

bring many others also to prove the same, therefore your petitioners pray your  honor to grant to him the States writ of Habeas Corpus directed to the Jailor  of Clay County (Mo) commanding him forthwith to bring before you the body  of the prisoner, so that his case may be heard before your honor, And  the situation of the prisoner be considered and adjusted according to law  and justice, as it shall be presented before your honour, and as in duty  bound your petitioners will ever pray &c.
And further your petitioners  testify that the said Joseph Smith Jr did make a public proclamation  in Far West in favor of the militia of the State of Missouri and of its laws  and also of the Constitution of the United States. That he has ever been  a warm friend to his country and did use all his influence for peace  That he is a peaceable and quiet citizen and is not worthy of death, of  stripes, bonds or imprisonment. The above mentioned speech was  delivered on the day before the surrender at Far West.
Wm Huntington
Joseph Smith Jr
State of Missouri)ss
County of Clay)
This day personally appeared before me Abraham  Shafer a Justice of the peace within and for the aforesaid County, Alanson  Ripley, Heber C. Kimball, William Huntington, Joseph B. Noble and  Joseph Smith Jr who being duly sworn, do depose & say that the matters  & things set forth in the foregoing Petition, upon their own knowledge are  true in substance and in fact & so far as set forth upon the information  of others, they believe to be true. Sworn and Subscribed to
Wm Huntington
Joseph Smith Jr
Sworn and subscribed to  this 15th day of March 1839  before me Abraham Shafer, J.P.
We, the undersigned being many of us personally acquainted with the said  Joseph Smith Jr and the circumstances connected with his imprisonment  do concur in the petition and testimony of the above named individuals, as most  of the transactions therein mentioned we know from personal knowledge  to be correctly set forth, and from information of others believe the remainder  to be true.
Amasa Lyman
H[enry] G Sherwood
James Newber[r]y—Cyrus Daniels
Erastus SnowElias Smith
[p. 24]
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Alanson Ripley, Heber C. Kimball, William Huntington, Joseph B. Noble, JS, and others, Liberty, MO, petition, to George Thompkins, 15 Mar. 1839; handwriting of James Mulholland; in JS Letterbook 2, pp. 21—24; JS Collection, CHL.

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