History of the Church of Jesus Christ of Latter-day Saints, Volume 5Smith, Joseph, Jr.
History
History of the Church of Jesus Christ of Latter-day Saints, Volume 5
Smith, Joseph, Jr.
Church of Jesus Christ of Latter-day Saints; Smith, Joseph, Jr., 1805-1844
I, William F. Elkin, sheriff of Sangamon county, do hereby return
the within writ, that the within named Joseph Smith is in my
custody, by virtue of a warrant issued by the governor of the state
of Illinois upon the requisition of the governor of the state of
Missouri, made on the affidavit of L. W. Boggs, and a copy of the
said warrant, requisition, and affidavit is hereunto annexed, dated
December 31, 1842.
WM. F. ELKIN,
Sheriff S. C., Illinois.
I, Wilson Law, do return to the within writ that the said Joseph
{239} Smith is in my custody by virtue of an arrest made by me of
his body under and by virtue of a proclamation of the governor of
the state of Illinois; a copy whereof is hereunto annexed, dated
December 31, 1842.
WILSON LAW.
The return to the within writ of habeas corpus appears by the
foregoing returns and the schedule hereunto annexed, and the body
of the said Joseph Smith is in court.
WM. PRENTISS,
U.S. Marshal, district of Illinois.
December 31, 1842.
IX.
#_Orders of the Court_.
And afterwards, to wit, on the same day aforesaid, upon the return
of the said writ of habeas corpus, the following orders were made
in this cause:--
In the matter of Joseph Smith, on Habeas Corpus.
William F. Elkin and Wilson Law having made return to the writ of
habeas corpus issued in this cause, and brought the body of the
said Joseph Smith into court, on motion of Justin Butterfield, his
attorney, it is ordered that the said Joseph Smith be admitted to
bail; and thereupon came the said Joseph Smith in proper person,
principal, and James Adams and Wilson Law, sureties, and severally
acknowledge themselves to owe and be indebted to the United States
of America, in the sum of two thousand dollars each, to be levied
of their respective goods and chattels, lands and tenements; but to
be void on condition that the said Joseph Smith shall be and appear
before the Circuit Court of the United States for the district of
Illinois, now sitting from day to day, and shall not depart without
leave of the court. And thereupon it is ordered that this cause be
set for hearing on Monday next; and it is further ordered that the
governor of Illinois and the attorney-general be informed by the
marshal that Joseph Smith, arrested on a warrant issued for his
apprehension by the governor of Illinois, 31st December, 1842, is
before this court on habeas corpus, and that the case will be heard
on Monday, January 2nd, 1843, and that a copy of this order be
handed to each of those officers.
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