Therefore, on that line of reasoning, the judge concluded the court had jurisdiction. As to the second objection--the right of the court to inquire into facts behind the writ--the judge held it unnecessary to decide that point, as Smith was entitled to his discharge, for defect in the affidavit on which the demand for his surrender to Missouri was made. To justify the demand for his arrest the affidavit should have shown, "First, that Smith committed a crime; second, that he committed it in Missouri. And it must also appear 'that Smith had fled from Missouri.'" None of these things the affidavit of Boggs did, and the judge held that it was defective for those reasons, and added: The court can alone regard the facts set forth in the affidavit of Boggs as having any legal existence. The mis-recitals and over-statements in the requisition and warrant are not supported by oath and cannot be received as evidence to deprive a citizen of his liberty, and transport him to a foreign State for trial. For these reasons, Smith must be discharged. And Joseph had scored another victory over his old enemies in Missouri. CHAPTER XXV. INCIDENTS OF THE TRIAL AND ACQUITTAL. DURING the trial, excitement at times ran high and threatened to break out into acts of violence. When Joseph first made his way through the throng about the court-house, some one in the crowd recognized him, and exclaimed: "There goes Smith now!" "Yes," said another, "and a fine looking man he is, too." "And as damned a rascal as ever lived!" put in a third. Hyrum Smith, overhearing the last remark said: "And a good many ditto!" "Yes," said the person addressed, "ditto, ditto, G--d d--n you, and every one that takes his part is as d--d a rascal as he is." "I am that man;" shouted Wilson Law, "and I'll take his part!" Whereupon both parties prepared for a fight; but Mr. Prentice, the marshal, interfered and quelled the disturbance; and the excitement soon quieted down. During the progress of the trial the Prophet had good opportunity of associating with some of the leading men of the State, among them the judges of the supreme court, and Governor Ford, who ventured to caution the Prophet to have nothing to do with electioneering in political contests; a thing, the Prophet said in reply, he had never done. Governor Ford also told him that he had a requisition from the governor of Missouri for the arrest of himself and others on the old charge of treason, arson, etc., but he happened to know that the charges were dead. The State legislature was also in session and consequently there was a general gathering of the principal men of Illinois, and the Prophet extended largely his circle of acquaintances among them.