| 662 has not fled from the justice of the said State of Missouri and he is not guilty and has not been guilty of treason in or against the said State of Missouri.
"9th. Your petitioner was not, and has not been within the limits of the said State of Missouri, for more than four years next, before the making of said arrest and imprisonment whereby he is now detained, nor for or during four years before any indictment or other legal accusation was preferred against him.
"10th. Your petitioner avers that the said supposed warrant, so issued by the said Governor of the said State of Illinois, and under color of which your petitioner is now imprisoned, and the document purporting to be an authority to receive the said Joseph Smith, Jr., are wholly defective and insufficient to legally authorize the arrest and imprisonment of your petitioner: copies of which supposed warrant and the supposed authority from the Executive of the State of Missouri are hereunto annexed.
"Wherefore your petitioner prays that a writ of habeas corpus may be awarded, directed to the said Joseph H. Reynolds, commanding him that he bring your petitioner forthwith and without delay, before this honorable court, together with the causes of his caption and detention, in order that your petitioner may be dealt with according to law; and your petitioner as in duty bound, will ever pray.
"JOSEPH SMITH, SEN.
"Subscribed and sworn to before me, this 30th day of June, A. D. 1843, at the City of Nauvoo, Illinois.
"JAMES SLOAN,
"Clerk of the Municipal Court, of the City of Nauvoo.
"STATE: of ILLINOIS,} Sct.
"City of Nauvoo. }
"The People of the State of Illinois to the Marshal of said City; Greeting:-
"Whereas application has been made before the Municipal Court of said city that the body of one Joseph Smith, Sr., of the said city of Nauvoo (who is styled in the warrant by which he is held in custody, Joseph Smith, Jr.), is in the
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