State of Illinois)

City of Nauvoo)

To the Honorable Municipal Court in and for the said city of Nauvoo—

Your Petitioner Joseph Smith respectfully represents that he is now under arrest in the said city of Nauvoo—

That he is in the custody of one David Bettisworth a constable in and <​for​> the said County of Hancock who holds your Petitioner as he says by virtue of a Warrant issued by one Thos Morrison an acting Justice of the Peace in and for the said County of Hancock— State of Illinois, which warrant was issued upon the affidavit of one Francis M. Higbee charging your Petitioner with being guilty of a riot or of Having committed a riot within the county aforesaid—

Your Petitioner further represents that the warrant of arrest by virtue of which the said David Bettisworth has made this arrest— does not disclose sufficently clear and explicit the charge they have prefered—

Your Petitioner further avers that this proceeding against him have <​has​> been instituted through malice Private pique & corruption

Your Petitioner further avers that the design and intention of the said F M. Higbee in commencing this prosecution is to commit and carry <​out​> more easily a conspiracy against the Life of your Petitioner that the said Higbee has publicly declared that it was his determinnation to do every thing in his power to throw your Petitioner into the hands of his Enemies and that there is a determanation upon the part of the said Higbee and his unhallowed coadjutors to commit an unlawful act and to set the rights and privileges of your Petitioner at defiance and bring down upon his head this corrupt and unhallowed prosecution

Your Petitioner furthr avers that he is not guilty of the charge prefered against him— that he seeks an investigation before an impartial Tribunal and fears not the result

And further that the

Your Petitioner would therefore ask your honorable Body to grant him the benefit of the writ of Habeas Corpus that this matter may be investigated upon Legal principles and <​that​> the Legal and constitutional rights of your Petitioner may be determined by your Honorabel Body And Your Petitioner as in duty bound will Ever pray—

Joseph Smith

Subscribed and Sworn to this 12th day of June 1844. before me

Willard Richards Clerk M. C. C N [municipal court of the city of Nauvoo]