Show I 1 copyright secured HISTORY OF JOSEPH SMITH junr JUNE 1641 tuesday june juno I 1 I 1 accompanied my my brother hyrum and william law as far as QUi quincy llcy licy ou on their mission to the tile east 1 el ler fer sidney ric rie rigdon don has been ordained a prophet seer and revelator elder B youns returned from long island to new york elder willard richards went to richmond with his family and elder W Woodruff to portland maine friday 4 elders young kimball and taylor left new york for nauvoo by way of philadel phi phil i pittsburgh and st louis geo bee A smith and R bedlock started at the ilia same time and went to new now egypt new jersey I 1 called oil on govermor gove goye non nor cariln at his residence in quincy jv duding during u ri ng my visit with the governor I 1 wa treated with 1 t 1 I 1 the greatest kindness and respect nothing was sid suld suid about any requisition having come from the governor of missouri for my arrest in ili a verv very few hours after I 1 hod left the governors residence ha he sent thomas king sheriff of adams county thomas jasper a constable of quincy and some others aa as a posse I 1 with an all officer from Missour ito arrest me ine and deliver me up to the authorities of missouri saturday 5 while I 1 was staying at heberling He berlins hotel bear creek about 28 miles gouth bouth of nau nan sheriff king and posse arrested me some of the posse on oil learning the spirit of the officer from missouri left the tho company in dic disgust gust and returned to their awn homes I 1 accordingly returned to quincy and obtained a writ of habeas corpus from charles A warren esq master in ili chancery and judge stephen A dougals Dou gass hap liap pening to come como to quincy talat eliat evening le be appointed to give a hearing oil on the writ on the tuesday following in county where the tho court would then commence a regular term i william and geo A smith attended a meeting in the wood near new egypt new jersey and preached to a large largo assembly also preached 0 on sunday ath and three were baptized and after poaching pm aching on the ath four more were baptized sunday 6 news of mv arrest having arrived in nauvoo last night and being circulated through the city llos flos hosa flosa a stout tarleton 1 lewis wiiliam A hickman john S higbee elijah able uriel uniel C nickerson and george IV clyde started from the nauvoo landing in ili a skiff ili ill order to overtake me ine aud and rescue me ine if necessary they had a heavy hedd head wind lu lut but t arrived in quincy at dusk went up to benjamin joness house and found foun that I 1 h had d gone to nauvoo in charge of two officers I 1 returned to nauvoo in charge of the officers sheriff king had been suddenly seized with sickness I 1 nursed and waited upon him in my ow own 11 house so that he might inight be able to go to monmouth moo roo uth and noti notified fied fiod several of my friends to ge get t ready and accompany me the next morning Mond mondy ity 7 1 I started very earl eari early for monmouth seventy fire five miles distant taking mr king along me and attending him string during his sickness accompanied by clia clra charles charies fles C rich amas amusa iyman lyman Sha shadrack drack druck Rou roundy ildy tidy reynolds caboon cabeen charles charlea hopkins alfred randall rand nand til ill eis dis els EILs lilg flig higbee bee morris phelps john PG reene henry G sherwood joseph younger darwin chase ira miles iles lles joel S miles lucien woodworth vinson knight robert B thompson george miller and others we travelled very late camping about midnight in the road morning 8 arrived at monmouth and procured breakfast at the tavern found great excitement prevailing pre veiling in the public mind and great curiosity was manifested by the citizens who were anxious to obtain a of if the prophet expecting to see me in chains mr dir king whose health was now partly restored had considerable difficulty ill in protecting protect in me from the protection mob that had gathered there nir air sidney 11 little for tile tha defence derence motioned that the case of mr smith should be taken up but was objected to by bv the states attorney At pro tern on account of his not being prepared not having had saul ident notice of the tha trial it was accordingly acor aror by mutual consent postponed until wednesday morning in the evening great excitement prevailed and tha tho citizens employed several to plead against me I 1 was requested nested to 9 preach to the citizens of monmouth but as I 1 wast wusi was 1 prisoner I 1 1 kept closeted in ili my room for I 1 could not even come down gown cown stairs to my meats meals buethe but the people would be crowding ino ing the windows to get a peep at me and therefore fo re appointed elder A lyman to preach in the court house on oil wednesday evening even fog log wednesday Wednes wednesday dai 0 9 at an early hour the tha court house was filled led with spectators desi desirous roun to hear the ilia proceedings mr hir morrison on behalf of the people wished for time to send to springfield for the indictment it not being found with the tile rest of the tile papers thia thid course would have delayed the proceedings and as it was not important to the tha issue the attornies att attorn attern ornies ies fes for the defence admitted that there was an indictment so that the investigation might proceed mr warren for the defence then read the petition which stated that I 1 was waa unlawfully unlawfully full y held in custody and that the indictment ii pi missouri lis Jis was obtained by fraud bribery and duress all of which I 1 was pre prepared pared parea to prove mr little then called upon the following witnesses viz morris phelps ellas elias higbee reynolds Cal cai cahoon loon and george IV robinson who were sworn the counsel on the tho I 1 opposite 0 te sije side objected fo to hearing evidence oil on tat the merits e rits of or the tiie case as they could not go and beyond the indictment upon this a warm and long occurred thich which which occue occupied ed the attention pf af the tiie court through the he e entire d day ay all tho the lawyers on tiie ilia opposite eride eside side aide excepting two viz Aless riess rs knowlton and jennings confined themselves to the tho merits of the ca case cabe and conducted themselves as gentlemen but it was plainly evident that the design of mears know knowlton to i and lennin jennin jennings jennins s was to excite the public mind still more on the subject and inflame ilia lle ile lie passions of the tile people against me and my religion the counsel on behalf of the defence charles A warren sydney 11 II little 0 11 browning brov brox v nihl g james H ralston cyrus envall walker er and A archibald rc abad I 1 NI illiams acted nobly and honorably and stood up hi la defence of the tile persecuted in ili a manner worthy of high minded and honorable gentlemen some had llad even been told that if they engaged oil oa the side sido of or the def der defence encel they need I 1 never look to the tiie citizens of that county for any political favors but they were notto not to be overawed over awed by the popular clamor or be deterred from an act of gullic duty by any insinuations or threats whatever and staled stated thai that if it they had not before determined to take a part in the defence they tiley after hearing the tho threats of the tho community were now fully determined to discharge their duty the counsel for the tho defence spoke well without exception and strongly urged the legality of the court examining testimony to prove that the tiie whole proceedings on the part of missouri were base and illegal and that the indictment was obtained through fraud bribery and corruption the court after learl hearl hearing n the counsel adjourned about bont half hulf past six six bix do c k pm when I 1 was at dinner a man rushed in and said sald which D w jo smith smitha I 1 have got a five dollar kirtland bill and ill pil be damned if ho lie dont take it back ill fil sue him for his name la Is to it if I 1 replied 91 9 1 I 1 am the tile man took the bill and enid him the specie gnich he took very reluctantly being anxious to kick up a fuss tte crowd in ili the court was so intense that judge douglass ordered the sheri sherl sheriff fl of warren county to keep the spectators back but lie he neglected doing dohig so when the judge fined him idin tell ten dollars in a few minutes lie again ordo ordered red the sheriff to keep the men back from crowding the prisoner and witnesses lie ife replied 1 I have told a constuble cons tible to do it gila the judge immediately aj 1 clerk add ten dollars MORE moke TO THAT pine TINE the tho sheriff finding neglect rather expensive then attended to his duty A you young ng lawyer from I 1 missouri volunteered to plead against me ho he tried his utmost to convict me but was so high hi gh with liquor and chewed so much tobacco that ha he often called for cold water before llo lio had spoken many in iny tny minutes lie turned sick requested to ba be excused by the court and went out of the court house puking all the way doun down downstairs stairs As tho the Illinois ans cail call cui cul the hils Alis missouri people pukes this circumstance nce caused consider able amusement to the in members embers of or the bar during daring his ilia plea his language was so outrageous that tho the judge J was twice under the necessity of ordering him to be silent mr 0 11 browning then his plea and in a short ilme ilmo the puking lawyer returned and requested the privilege of finishing his plea pica which was allowed afterwards mr browning resumed ass hi s pleadings which were powerful and when ho he gave a recitation of what he himself hd hoid soen seen at quincy and oil on tho iho banks of tha ilia mississippi river when the saints were exterminated from missouri where ha he tracked the tha persecuted women and children by their bloody fogt ma marks ka in the snow allow they were so affecting ang ane cling that the spectators were often dissolved la in tears ludge judge douglass himself and most of the officers wept for they were under the necessity of hoeping hooping the tha spectators company elder amasa lyman during the tho evening preached a brilliant discourse in ili tha the court house on the tile first principles of the gospel which changed the tha feelings of the people very materially mater billy lilly the following letter is from the tue editor of the times and seasons american hotel warren county ill III juno gih 1841 wednesday evening we have just returned dom hom the Court louse where we have listened to one ono of the most eloquent speeches ever uttered by mortal man in favor of justice and liberty by 0 11 browning esq who hag haa done himself immortal honor in the sight 1 of all patriotic citizens who listened to tile tho p same bame M a lie he occue ed edthe the attention of the court for more than two hours and chewed the falsity of the arguments arga ments menta of the tile opposite counsel and laid lid down principles in a lucid and able manner which ought tu to guile gulle the court in admitting testimony for the de defendant joseph smith we dehava have heard mr browning on former occasions when lie he has frequently delighted his audience by his bis eloquence but oa orl this occasion be he exceeded our most sanguine expectations the sentiments he be advanced were just generous and exalted he soared abote above tho the petty quibbles which the iba opposite counsel urged and triumphantly in a manner and ind eloquence peculiar to himself avowed himself th tha friend of humanity and boldly nobly and independently stood tip for the rights of those who had through seas of oppression and flodda of injustice and had sou bou sought bought lit dijt a shelter in the state of or illinois it was an effort worthy of a high bloh minded and honorable liono rable rabie gentleman such as we eber ever considered him to be since we have had the pleasure of liis his acquaintance soon after we came cams ont out of missouri he sympathized with us in our affliction afflictions sand and we are indeed rejoiced to know that ha he yet maintains the saine same principles of benevolence his was not a an n effort of a lawyer anxious to earn his fee but the tile pure and patrio tic lic feelings of christian benevolence and a bense sensa of justice and of right while he was answering the he monstrous and ridiculous arguments urged by the opposing counsel that jeseph juseph smith might go 0 o to missouri and have his trial ho he stated the circumstances cum stances of our being driven from that state and feelingly and emphatically pointed out tho the impossibility of our obtaining justice there there thera we were forbidden to enter in consequence of tha the order of the executive and that injustice and cruelties cruel ties of the most barbarous and atrocious character had bad been practised practiced upon us until the tho i streams of missouri had rau ruu with blood and that tha t he eie had seen women and children barefoot and lousedes lou tou seles crossing the mississippi to seek refugo refuge from froin ruthless mobs he concluded his hia remarks remark by ay saying that to tell us to go to misri missouri for a trial was adding insult to injury and then said great god have I 1 not seen it yes my tny eyes ryes hare have beheld the bloodstained blood stained traces of innocent immen and children in tie the drear winter eho who had travelled hundreds of miles barefoot through frost and snow to seek a refuge from their savage pursuers a scene of horror sufficient to enla anut enia sympathy from an adam adamantine intine heart and shall this unfortunate man whom their fury has seen ripper to select for sacrifice be driven into such a ganage savage land and none dare to enlist in the cause causs of justice 7 if there mas was no other roice voice under heaven hearen ever to be heard in this cause gladly would I 1 stand alone and proudly spend my latest breath in defence of ogan an oppressed american citizen thursday morning 10 the court was opened about 8 when judge douglass delivered hij opinion oil on the case lie he said that the tho writ being once returned to the executive by the ilia sheriff of ancock hancock II county was dead and stood in the same relationship as any other writ which might issue from the circuit court and consequently the defendant could not be lie hold iu in custody on that writ the other point whether evidence in ili the case was ad or not he would not at ut that time decide as it involved great and important considerations relative to the future conduct of the different states there being no precedent as far as they had bad access to 0 o authorities to guide them but ha he would endeavor to examine the tile subject lund and avail himself of all ibo the authorities which could bo be obtained on the tha subject before he would decide that point but ou on the other the tho defendant must be liberated thi decision was received with satisfaction by myself and tho the brethren and all those whoso choso minds were free frea from prejudice it is s now decided that flint begora before another writ can issue a new demand must be made by the governor of missouri thus have havo I 1 been onca more mora delivered from the fangs rungs of my cruel persecutors for which I 1 thank god my heavenly father I 1 was discharged about I 1 11 I 1 a in when I 1 ordered dinner for my company now increased to about 60 when I 1 called for lor tho the tavern bis the fellow replied only only ono one h hundred indred and lind sixty dollars about 2 pm the tho company commenced their return travel travelled ted about 20 miles and camped by the way idy sida friday I 1 11 I 1 started very early arrived at la harpe harpa for dinner and returned wifely to nauvoo by 4 pm where I 1 was met mat by tho tha acclamations of the saints elder geo A smith met elder john E |