Joseph Smith being brought up on Habeas Corpus before this Cou[r]t, comes & denies the Matter as set forth in the return to the Same in this that he is not a fugitive from the Justice of the State of but alledges & is ready to prove that he was not in the State of at the time of the Commission of the alledged crime set forth in the affidavit of nor had he been in Said for more than 3 years previous to that time, nor has he been in that since that time, but on the contrary at the time the said alledged assault was made upon the the said as set forth in said affidavit he the said Smith was at in the Co— of in the State of & that he has not fled from the Justice of the State of — & taken refuge in the State of as is most untruly stated in the warrant upon which he is arrested., & that the matters set forth in the requisition of the Gov of & in the Said Warrant are not supported by oath.

Sworn to & subscribed to before me this 2d day of Jany 1843