Docket Entry, circa 8 August 1842 [Extradition of JS for Accessory to Assault]
Source Note
Docket Entry, , Hancock Co., IL, ca. 8 Aug. 1842, Extradition of JS for Accessory to Assault (Nauvoo, IL, Municipal Court 1842); Nauvoo Municipal Court Docket Book, 6; handwriting of ; CHL.
A special Meeting of the Municipal Court was held at about One oClock P.M. pursuant to a call by two of the Aldermen.
Present, Aldermen , , , , and . was selected, and elected by vote, to act as Chief Justice, or President pro tem, (in the absence of the Chief Justice, who was under arrest,) and he took his seat accordingly.
Council for Joseph Smith, presented a Petition from Joseph Smith, praying for a Writ of , in pursuance of a provision in the , and a City ordinance in pursuance of said provision, to bring Pet[itione]r. before this Court, that he may be entitled to the privilege of shewing to this Court, the illegality of the <arrest under the> Writ issued by Governor of this , and now in the hands of , <officer> and in whose custody he now is, by virtue of arrest under said Writ, also, the insufficiency of the Writ, and the utter groundlessness of the Charge preferred in said Writ.
The Court heard the Petition read, and the reasons adduced by upon behalf of the Prisoner, and the nature of the Case, and prayer of the Petition, & thereupon ordered. That a Writ of Habeas Corpus do issue accordingly.
Council for presented a Petition on behalf of said praying for a Writ of Habeas Corpus, in pursuance of a provision in the City Charter, and a City ordinance in pursuance of said provision, to bring before this Court, that he may be entitled to the privilege of shewing to this Court, that he is under arrest illegally, under a Writ issued by Governor of this , and now in the hands of in whose Custody now is, by virtue of Arrest under said Writ, also the insufficiency of the Writ, and that the charges in said Writ are unfounded in fact.
Upon hearing the Petition read, the reasons adduced by upon behalf of the , and the nature of the Case, and prayer of the Petition,— It Is ordered by the Court that a Writ of Habeas Corpus do issue accordingly.
August 8th. 1842, Writ of Habeas Corpus issued, directed to , to forthwith bring the Body of Joseph Smith before this Court.
August 8th. 1842. Writ of Habeas Corpus issued, directed to , to forthwith bring the Body of before this Court.
The Court adjourned until the first Monday in September next. [p. 6]