The Court then sat, present, Joseph Smith Chief Justice, , , , , & , associate Justices,— was not notified, by reason of living at a considerable distance from the Court, & was unwell.

An Affidavit was made, and Sworn to by the Defts.,— Clerks fees 37½¢.

An Affidt was made & Sworn to by on behalf of Defts. Clerks fee 12½

, Counsel for the Prisoners, read the Petn., Copy Warrant, & Writ of .

, Counsel on behalf of the , moved the Court, that the Writ of Habeas Corpus & <​subsequent​> proceedings in this Cause, be quashed, by reason that the Const in whose Custody Defts were, did not make any return upon the Warrant, to that effect.— The Court overruled the point, & after some discussion by the Lawyers on both sides, the Court stated that they would hear testimony in this Case.

then stated things he considered informalities in the Warrt, sufft to obtain Defts discharge, & thought it his duty to ask their discharge,— although he said the Defts wished for an investigation, to let it appear how trifling the grounds were for such a charge.

Witnesses Sworn for Prosn.,— Blakely Anderson, John P. Smith, Saml Morton, Saml White, Starlin Driggs, Edwin Cutler, Clarke Foster, , <​&​> Joshua Simpson. of those,— Saml White, Saml Morton, John P. Smith, Blakely Anderson, & Joshua Simpson were examined, & cross examined.

Witnesses Sworn for Defts., John Lambert, Lorain Farr, George McKenzie, , , , William Whitehead, & Jas Smithis. & of those, , John Lambert, Jas Smithis,, & , were examined & cross examined.

was then acquitted, & released, & produced, Sworn, examined, and cross examined as a Witness upon behalf of the Defts.. The testimony <​being​> closed.

The Judgment of the Court is, that , & be held in Custody to answer, and be dealt with, according to the tenor of said Warrant, and that they pay two thirds, and Josiah Simpson one third of the Costs incurred in issuing the Habeas Corpus & proceedings thereon. The Court also ordered that the four Aldermen who had been brought by attachment should pay the Costs thereof, & ’s fee thereon.

Feby. 25th. 1843. paid me $2.00 as part, or their proportion of the Docket fee, for him & .— also paid me $2.30, in full for my fees for him & .— , C. M. C.—

April [p. 18]