This day came and upon the reading and filing the Petition for a writ of Habeus Corpus to be directed to one James A. McCance to have forth with before the Municipal Court the body of the said upon said, writ; Said writ was issued in accordance with the prayer of the .

Present Joseph Smith Mayor and cheif Justice presiding, and , , , . , and . associate Justices, attended by Marshal.—

The foregoing petition, and copy of the warrant were read & are on file.

The Habeus Corpus writ. & copy of Service were returnd. with the returns thereon. and the before the court.— Said writ and copy are on file.

Then came , the complainant, by his counsel , and plead an adjournment, that he might have time to procure material witneses.

by his counsel . objected to the plea. supposing the prosecuting party always ready for trial.

The court decide[d] that it was an important matter. case, and it was not best to be in haste: and if the prisoner is discharged on the merits of the case, after a full investigation. he goes free forever, A majority of the cou[r]t decided to adjourn until Thursday next 23rd instant. 10. o clock A M.— The in charge of the marshell

Thursday May 23d 1844. 10. oclock A M. The court was called, but there being only a minority present. Court adjournd untill Thursday the 30th instant 10. o clock A M.

May 30th 1844 10 o clock A. M.

Present Joseph Smith Chief Justice, , , . and .

appeared before the court by himself and counsel. ,

, being called by the court. answered that he [p. 97]