| 659 of removing Mr. Smith to Missouri, and thereby avoiding the effect and operation of said writ contrary to law.
"There was also another writ sued out from the Circuit Court of Lee County, in favor of Mr. Smith, against Reynolds and Wilson, for private damage, for false imprisonment, upon the ground that the writ issued by the Governor of Illinois was a void writ in law, upon which said writ said Reynolds and Wilson were held to bail; and were in the custody of the sheriff of Lee County. Reynolds and Wilson obtained a writ of habeas corpus for the purpose of being discharged before Judge Young, of Quincy, but they did not go before Judge Young, but gave bail at Carthage for their appearance at the Circuit Court of Lee County in said action.
"Mr. Smith obtained a writ of habeas corpus from the Master in Chancery of Lee County, returnable before the Hon. John D. Caton, judge of the ninth judicial circuit, at Ottawa, upon which said writ Mr. Smith was conveyed by Reynolds and Wilson towards Ottawa as far as Pawpaw Grove, at which last-mentioned place it was ascertained that Judge Caton was on a visit to New York; upon which the party, Messrs. Smith, Reynolds, Wilson, and others in company returned to Dixon, where another writ was issued by the said Master in Chancery, in favor of Smith, returnable before the nearest tribunal in the fifth judicial circuit authorized to hear and determine writs of habeas corpus. It was ascertained that the nearest tribunal authorized to hear and determine upon writs of habeas corpus, was at Nauvoo. On their arrival at Nauvoo a writ of habeas corpus was sued out before and made returnable to the Municipal Court of the city of Nauvoo, directed to Mr. Reynolds, upon which said writ Mr. Reynolds did produce the body of said Smith before said court, objecting however to the jurisdiction of said court. It was ascertained by the counsel for said Smith that the Municipal Court had full and ample power to hear and determine upon writs of habeas corpus. Upon examination before said court he was discharged from said arrest upon the merits of said case, and upon the further ground of substantial defects in said writ so issued by the Governor of the State of Illinois. . . .
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