| 661 whereas the name of your petitioner is Joseph Smith, Sr., and your petitioner avers that he is not known and reputed by the name of Joseph Smith, Jr.
"2d. The said supposed warrant is defective and void, for that it does not recite that the Joseph Smith, Jr., mentioned therein, has been demanded by the Executive of the State of Missouri, of the Executive of the State of Illinois.
"3d. Said supposed warrant is defective and void, for that it does not state that said Joseph Smith, Jr., therein named, has been indicted or that any other legal accusation of any offense has been legally preferred, and is as pending against him in the said State of Missouri.
"4th. It is defective and void, for that it does not show that any legal foundation was furnished by the Executive of the State of Missouri, upon which to issue the same; and your petitioner avers that the same was issued without due authority of law.
"5th. Said supposed warrant is in other respects defective and void.
"6th. The said Joseph E. Reynolds has no authority to detain your petitioner in custody; for that he is not an officer of the State of Illinois, nor is he legally authorized by the said Governor of the State of Illinois, or otherwise, as the agent of the State of Missouri, in the State of Illinois, or in any other character and capacity to imprison your petitioner within the said State of Illinois.
"7th. Your petitioner before the making of the said arrest upon which he is now detained and imprisoned, had been arrested for the same cause, and upon a charge for the same offense, for which he is now arrested and imprisoned, by virtue of a warrant issued by the Governor of the said State of Illinois, upon a requisition of the executive authority of the said State of Missouri, and was discharged from said arrest and imprisonment by judgment of the Circuit Court of Warren County, at a court holden in the said county of Warren, in or about the month of June, A. D. 1841, in such manner as not to be liable to the said second arrest for the same cause.
"8th. Your petitioner is not a fugitive from justice, and
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