, vs. on .

May 30th 1844. Came and upon the reading and filing the petition for a writ of Habeus Corpus to be directed to one to have forthwith before the municipal court the body of the Said upon said writ. said writ was granted by the court in accordance with the prayer of the .

The Writ of Habeus corpus was served by the in court, and present, which writ with the ’s return thereon are <​is​> on file in the clerks’ office

The foregoing petition of said , together with a certified copy of the warrant by virtue of which the said held the said in custody are on file in the Clerk’s office.

The [illegible] Present Joseph Smith, Mayor and Chief Justice, and , , , , and , aldermen, Associate Justices.

was called by the court to answer in the case, who said he had a writ from , and should consider his prisoner until he was compelled to give him up, <​&​> <​wanted an​> adjournment

The court informed . that was their prisoner. and , counsel for , objected to an adjournment, as there had been Two weeks adjournment for the government to procure witnesses in another suit which had closed, arising out of the same case, and which had been abandoned by the prosecution. <​prosecuting party.​>

, appeared before the court and said “I stand here as an Agent of the Government, to act in the case of in any State where he may be found, and if we are to go into an investigation on the merits of the case, and go behind the writ, I must have time to send to for witnesses, and I am instructed to consult with. Esqr. , of , and Mr [William M.] McPherson of .

The Marshal, presented the for trial. [p. 100]