XIII.

#_Denial of the Court to Dismiss the Case_.

And afterwards, to wit on the 5th day of January, 1843, the following order was made in this cause,--viz.:

In the matter of Joseph Smith on habeas corpus.

And now, at this day, comes again the said Joseph Smith, by Justin Butterfield, his attorney, and at the same time also comes Josiah Lamborn, attorney-general of the state of Illinois; and the court being now sufficiently advised of and concerning the motion heretofore entered to dismiss the proceedings in this cause, it is considered that {244} said motion be denied; and the court having fully considered the petition of the said Joseph Smith, and the matters and things set forth in the return made to the writ of habeas corpus issued herein, and being now sufficiently advised of and concerning the same, it is considered and adjudged that the matters and things set forth in the return to the said writ of habeas corpus are wholly insufficient in law to authorize the arrest and detention of the said Joseph Smith; and it is further considered, ordered, and adjudged by the court that the said Joseph Smith be fully released and discharged from the custody of William F. Elkin, sheriff of Sangamon county, under the warrant of the governor of the state of Illinois, mentioned in the said return, and also from the custody of Wilson Law, on the proclamation of the said governor mentioned in the said return, and that he go hence without delay.

United States of America

District of Illinois. ss.

I, James F. Owing, clerk of the United States Circuit Court for the district of Illinois, do certify that the foregoing is a true and correct copy of the record and proceedings before said court, in the matter of Joseph Smith, on petition, to be discharged on habeas corpus, as the same remain on the record and files of said court.

In testimony whereof, I have hereunto subscribed my name, and affixed the seal of said court at Springfield, this sixth day of January, A. D. 1843, and of our independence the 67th year.

[Seal] JAMES F. OWING, Clerk.