Before Alderman , Acting Chief Justice; and Alderman <​Aldermen​> , , , , and , Associate Justices, Presiding,

(See notice to & return thereon)— did not appear, before the Cout)

This case came before the Court. upon a return to a writ of Habeus Corpus, which was issued by this court on the 6th of May instant upon petition of Josepseph Smith Sen. as follows:

To the honorable &c (see petition)

(See writ <​of Habeus Copes)​> & return) (See copy of the writ. )

(<​this was crosed th[r]ough mistake— insert it.​>) See Notice to & return) did not appear. either by himself or counsel.—

(See openi[n]g of the case by Esqr & Gen Smith— & the Testimony which you have in your possession)

(See the pleas of Esqr & Mr Smith:—

After hearing the foregoing Evidnce in support of said petition. It is ordered conside[re]d & ordered by the court, <​First​> that the said Joseph Smith Senior be dischargd from the said arrest. and imprisonment complaind of in said petition, on the illegality of the writ, upon which he was arrested as well as upon the merits of the Case. and that he go hence without day: Secondly, ’s character having been so fully shown, as infamous befo <​before the court​> as infamous, The Court are convinced [p. [1]]