How, then, your petitioners would ask, can it be possible that the prisoner has committed treason? The prisoner has had nothing to do in Daviess county, only on his own business as an individual. The testimony of Dr. Avard concerning a council held at James Sloan's was false. Your petitioners do solemnly declare, that there was no such council; that your petitioners were with the prisoner, and there was no such vote or conversation as Dr. Avard swore to. That Dr. Avard also swore falsely concerning a constitution, as he said was introduced among the Danites; that the prisoner had nothing to do with burning in Daviess county; that the prisoner made public proclamation against such things; that the prisoner did oppose Dr. Avard and George M. Hinkle against vile measures with the mob, but was threatened by them if he did not let them alone. That the prisoner did not have anything to do with what is called Bogart's battle, for he knew nothing of it until it was over; that he was at home, in the bosom of his own family, during the time of that whole transaction. And, in fine, your petitioners allege, that he is held in confinement without cause, and under an unlawful and tyrannical oppression, and that his health, and constitution, and life depend on being liberated from his confinement. Your petitioners aver that they can disprove every item of testimony that has any tendency of criminality against the prisoner; for they know the facts themselves, and can bring many others also to prove the same. Therefore your petitioners pray your honor to grant to him the state's writ of habeas corpus, directed to the jailer of Clay county, Missouri, commanding him forthwith to bring before you the body of the prisoner, so that his case may be heard before your honor, and the situation {281} of the prisoner be considered and adjusted according to law and justice, as it shall be presented before your honor, and, as in duty bound, your petitioners will ever pray. And further, your petitioners testify that the said Joseph Smith, Jun., did make a public proclamation in Far West, in favor of the militia of the state of Missouri, and of its laws and also of the Constitution of the United States; and that he has ever been a warm friend to his country, and did use all his influence for peace; that he is a peaceable and quiet citizen, and is not worthy of death, of stripes, bond, or imprisonment. The above mentioned speech was delivered on the day before the surrender of Far West, Alanson Ripley, Heber C. Kimball, William Huntington, Joseph B. Noble, Joseph Smith, Jun. State Of Missouri, ss. County Of Clay.