Trial Report, 5–19 January 1843, as Published in Reports [Extradition of JS for Accessory to Assault]
Source Note
Trial Report, [, Sangamon Co., IL], 5–19 Jan. 1843, Extradition of JS for Accessory to Assault (United States Circuit Court for the District of IL 1843). Published in John McLean, Reports of Cases Argued and Decided in the Circuit Court of the United States, for the Seventh Circuit, vol. 3, Cincinnati: Derby, Bradley and Co., 1847, pp. 121–139. Includes typeset signature marks.
, and was without the authority of law in this, that he was not a fugitive from justice, nor had he fled from the state of .
Afterwards, on the same day, the of returned upon the said , that he detained the said Joseph Smith in custody, by virtue of a warrant issued by the of the state of , upon the requisition of the of the state of , made on the affidavit of . Copies of the said affidavit, requisition and warrant were annexed to the said return in the words and figures following:
“State of Missouri, )
ss. [scilicet]
County of , )
This day personally appeared before me, , a justice of the peace within and for the county of , the subscriber, , who, being duly sworn, doth depose and say, that on the night of the 6th day of May, 1842, while sitting in his dwelling in the town of , in the county of , he was shot with intent to kill, and that his life was despaired of for several days; and that he believes, and has good reason to believe, from evidence and information now in his possession, that Joseph Smith, commonly called the Mormon Prophet, was accessory before the fact of the intended murder; and that the said Joseph Smith is a citizen or resident of the state of ; and the said hereby applies to the of the state of to make a demand on the of the state of , to deliver the said Joseph Smith, commonly called the Mormon Prophet, to some person authorised to receive and convey him to the and aforesaid, there to be dealt with according to law.
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Sworn to and subscribed before me, this 20th day of July, 1842.