Attested Copy ofMittimus Under Which Joseph Smith Jun.
He informed us that the Judge had made out a mittimusand sentenced us to jail for treason.
I, Samuel Hadley, sheriff of Clay county, do hereby certify that the above is a true copy of the mittimus to me, directed in the cases therein named.
Attested Copy of theMittimus under which Joseph Smith, Jun.
The sheriff, previously having shown the prisoners the mittimus made out by Judge Birch, now also informed them that Birch had told him not to take the prisoners to Boone County.
Aleyn told me he must make a mittimus for him and his wife: said she, Do you send me of your errands?
I called for a constable, and made a Mittimus to send him to Newgate, thinking he would discover the truth.
Smith finding his mittimus unlawful, appealed to the governor as to what he should do; to which the governor answered: "You have the Carthage Greys at your command.
The false mittimus on which Joseph and Hyrum Smith were thrust into prison, ordered the jailor to keep them in custody, "until discharged by due course of law.
Smith, the magistrate, had made out a mittimus committing them to prison contrary to law without such hearing.
A new mittimus was made out and the prisoners committed again to prison--their old quarters.
Nay there goes a word that as many as Thirty of our chief Patriot Senators are to be clapped in prison, by mittimus and indictment of Feuillant Justices, Juges de Paix; who here in Paris were well capable of such a thing.
Which mittimus the Trio, on their side, made bold to fling in the fire: and valiantly pleaded privilege of Parliament.
Now while mymittimus was making, the justice was withdrawn; and in comes an old enemy to the truth, Dr.
While his mittimus was preparing, he had a short controversy with an old enemy of the truth, Dr.
Whereat he told me, that if they would not be so bound, my mittimus must be made, and I sent to the jail, there to lie to the quarter-sessions.
Now by this time my mittimuswas made, and I committed to the constable to be sent to the jail in Bedford, &c.
There was abundant concurrent testimony that made the proof of guilt incontrovertible, and Starlight Tom's mittimus was made out accordingly.
When they heard this they left me again, and went and signed a mittimus to send me to prison at Oxford, and charged one of the troopers that brought me thither, who was one of the newly-raised militia troop, to convey me safe to Oxford.
This made him alter his purpose, and by a new mittimus sent us to the House of Correction at Wycombe.
So we let the man know that we were sensible of his kindness, and to prison we went; the poor man that brought us thither delivering both the mittimus and us to the jailer.
So they tendered me the oath, which I could not take; whereupon they were about to make my mittimus to send me to Lancaster jail; but considering of it, they only engaged me to appear at the sessions, and for that time dismissed me.
With this mittimus he delivered us to the constables to convey us to Leicester jail.
They would have given us our mittimus to carry ourselves to the jail; for it had been usual for constables to give Friends their own mittimuses, and they have gone themselves with them to the jailer.
But having overshot himself in his mittimus by ordering me "to be kept a prisoner till I should be delivered by the King or Parliament," he had put it out of his power to release me if he would.
He would not show us that, but caused a mittimus to be made, which mentioned that we "were to have had a meeting.
I still called to have the mittimus read; for that signified the cause of my commitment.
He saith, moreover, that he would have aided me out of the country, but I would not go; and therefore he committed me to prison for want of sureties for the good behaviour, as the mittimus declares.
He stepped up to the wicket as Palmer read the mittimus to the deputy jailer, and, when the latter bade him a cordial good evening, he merely nodded his head.
Holden's friends also at last took a sorrowful leave, and the mittimus being made out, it was handed to Basset, to remove the prisoner to the place of destination.
In accordance with the arrangement between them, the negro hunted up Basset, and soon learned from him, that he had a mittimus to commit Holden.
It was some days before his mittimus came, by which he was ordered to be kept in custody till the next quarter session, which was to be at Guildhall on the 23d of Feb.
Upon which he was taken to Newgate by a single officer without any mittimus or any express order unto what prison he should be committed.
A newmittimus was made out and the prisoners committed again to prison, and without consultation on their part the time of trial was changed until the twenty-ninth.
Woods, informed the constable that they were entitled to a hearing before a justice, whereupon the constable produced a mittimus which falsely stated that they had been brought before Justice Robert F.
Justice Smith asked the governor for advice, since his mittimus was illegal, and therefore this was a false committal, when Governor Ford replied, "You have the Carthage Greys at your command!
They demanded to see the mittimus committing them to prison, a request which at first was denied, but finally the instrument was produced.
This was granted; a new mittimus was made out and they were again committed to prison.
There was abundant concurring testimony that made the proof of guilt incontrovertible, and Starlight Tom's mittimus was made out accordingly.
Whereat he told me, that if they would not be so bound, my mittimus must be made, and I sent to the jail, there to lie to the quarter sessions.
Now by this time my mittimuswas made, and I committed to the constable, to be sent to the jail in Bedford, etc.
