X.

#_Denials of the Prophet_.

And afterwards, to-wit, on the 2nd day of January, A. D. 1843, Justin Butterfield, attorney of said petitioner, filed the written denials of the said petitioner of the matters and things set forth, in the return to the said writ of habeas corpus, which denial is in the words and figures following,--viz.:

Circuit Court of the United States,

District of Illinois,

In the matter of Joseph Smith upon habeas corpus.

Joseph Smith, being brought up on habeas corpus before this court, comes and denies the matter set forth in the return to the same in this, that he is not a fugitive from the justice of the state of Missouri; but alleges and is ready to prove, that he was not in the state of Missouri at the time of the commission of the alleged crime set forth in the affidavit of L. W. Boggs, nor had he been in said state for more than three years previous to that time, nor has he been in said state since that time; but, on the contrary, at the time the said alleged assault was made upon the said Boggs, as set forth in the affidavit the said Smith was at Nauvoo, in the county of Hancock, in the state of Illinois, and that he has not fled from the justice of the state of Missouri, and taken refuge in the state of Illinois, as is most untruly stated in the warrant upon which he is arrested, and that the matter set forth in the requisition {241} of the governor of Missouri, and in the said warrant, are not supported by oath.

JOSEPH SMITH.

State of Illinois, ss.

Joseph Smith being duly sworn, saith that the matter and things set forth in the foregoing statement are true.

JOSEPH SMITH.

Sworn and subscribed to before me, this second day of January, 1843.

JAMES F. OWINGS, Clerk.