| 658 have any legal process I wish to obtain a writ of habeas corpus,' and was answered, 'G-d d-n you, you shan't have one.' Mr. Smith saw a friend of his passing and said, 'These men are kidnapping me, and I wish a writ of habeas corpus to deliver myself out of their hands.' This friend immediately proceeded to Dixon, whence the sheriff also proceeded full speed. On arriving at the house of Mr. McKennie, tavern keeper, Mr. Smith was thrust into a room and guarded there without being allowed to see anybody, and horses were ordered in five minutes. Mr. Smith then stated to Reynolds: 'I wish to get counsel,' and was answered, G-d d-n you, you shan't have counsel, one word more, G-d d-n you, and I'll shoot you.' 'What is the use of this so often,' said Mr. Smith, 'I have often told you to shoot, and I now tell you again to shoot away;' and seeing a person passing he said, 'I am falsely imprisoned here, and I want a lawyer.' A lawyer came, and had the door banged in his face with the old threat of shooting if he came any nearer; another afterwards came and received the same treatment. Many of the citizens of Dixon, by this time being apprised of his situation, stepped forward and gave the sheriff to understand that if that was their mode of doing business in Missouri, they had another way of doing it here; that they were law-abiding people, and republicans; that Mr. Smith should have justice done him and have the opportunity of a fair trial; but that if they persisted in their course, they had a very summary way of dealing with such people;-and gave them to understand that Mr. Smith should not go without a fair and impartial trial. Mr. Reynolds finding further resistance to be useless, allowed one or two attorneys to come to Mr. Smith, who gave them to understand that he had been taken up without process; that they had insulted and abused him, and he wanted a writ of habeas corpus. Up to this time they had altogether refused to allow the counsel to have private conversation with him.
A writ was sued out by Mr. Smith against Harmon Wilson for a violation of the law in relation to writs of habeas corpus, the said violation consisting in said Wilson having transferred said Smith to the custody of Reynolds for the purpose
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