Show I 1 copyright Secure dJ HISTORY OF JOSEPH JOSEFS SMITH ju jue JUNE E 1844 most of the forenoon was spent aydan by dan Jone tones sand saud tind col stephen Afar markham kham in hewing with a penknife a warped door to get it on the latch t thus us preparing to fortify he fhe place against a ainest any attack cehe the prophet patriarch and their friends took turns preaching to the guards several of whom were relieved before their time was out because they admitted they were convinced of the innocence of the prisoners they frequently admitted they had been imposed upon and more than once it was heard let us jus go home boys for I 1 will not fight any longer against these men during paring the day hyrum encouraged joseph to think that the lord for tor his churchs churche sake would release him from prison joseph replied could my brother hyrum but be liberated it would not matter so much about me p poor nor R rigdon I 1 0 don I 1 am glad he is gone to pittsburgh out of the way iray were he to preside be he would leadam lead the church to destruction in less than five 3 ears 15 dr richards was busily engaged writing as dictated by the prophet an and elder taylor amused him by singing Joseph related his dream about william and wilson law also his lis dream about trying to save a steamboat in a storm one of the counsel for the prosecution expressed a wish to esq reid that the prisoners should be brought out of jail for examination on th the charge of treason he be was answered ans ered that the prisoners had already been committed until disch discharged ofed by due course of law and therefore the justice and constable had no further control of the prisoners and that it if the prosecutors prosecute ors wished the prisoners brought out of jail they might bring them out on a writ of habeas cordus corpus cornus cordus or some other due course of law when when nhen we would appear and defend poon foon noon dr Bern bernhisel hise arrived at the jail mr reid came with the following 0 letter from general demin deming doming T smith I 1 was requested by the governor to order you such pt protection tion as circumstances cum stances might require the guard have been acting a tin excluded upon u on the supposition that your protection excluded all persons but those admitted by a pass I 1 have caused the officer of the guard to be correctly instructed of his dutie dutle asb so that you need buffer suffer bual er no further inconvenience al R DEMING 1 J brig gen geni 11 head quarters Qu arters artera june 1844 11 5 counselor reid said heivad he had got the magistrate on apin a pin hook book for the magistrate had bad committed them without examination and had n m further jurisdiction in the case and he would not agree to a trial unless lecaptain captain ju justice abic 6 smith would consent to go to nauvoo tor examination where witnesses could be had j reid field said that a week ago harmon T wilson and another had bad concocted a scheme for a writ to take joseph and when he was apprehended to take him to Mis missouri sauri and harmon T wilson returned from missouri the night before the 9 burning of the press 1 pm lV willard illard lilard richards wrote to his wife and belat sent the letter by cyrus C canfield it was common conversation on the camp ground and in the dining room of the hotel in the presence of governor ford the law is too short for these men but they must not be suffered to go at large and I 1 it the law will not liot reach them powder and ball must I 4 past 2 constable bettisworth came with alexander simpson and wanted to come in with an order to the jailer jaller demanding the pris omers but as mr stigall the jailer could find no law authorizing a justice of the peace to demand prisoners committed to his charge he refused to give them up until discharged from his custody by due course of law justice Tu stice robert F smith then inquired what he must do governor ford replied I ewe we have plenty of troops there are the carthage greys under yar command bring brinz brin them out 2 jos joseph sent bent lorenzo D wa wassah to inform the governor of what had just taken place and also to inform his counsel reid and ind da i 20 min to 3 dr bernhisel returned from the governor and said apparently a ardently the govern covern or was doin doln doing all alt he could 3 pm wrote to Aless rs woods and reid as follows jail carthage june 26 20 3 lim pm woods and reid sirs constable bettisworth called a little while since and wanted to comei comer come in the guard would not we have since learned that he wanted to take us before the magistrate and we have since learned that there is some ex because we did not go and we wish I 1 I 1 to see you without delay we are informed that dr foster has said tha that t they h ey can do nothing with us only by powder a and d ball as we have bad done nothing L against 1 the law yours JOSEPH SMITH 1 per W richards 11 which was carried by elder john taylor 2 20 min to 4 upon the refusal of the jailer to give up the pris prisoners the constable with the company of carthage greys under the corn command of frank prank worrell marched to the jail jall ail all and by intimidation and threats cam compelled edthe the jailer against his will and conviction of duty to deliver joseph and hyrum hynum to the constable who forthwith and contrary to their wishes compulsorily took them joseph seeing the mob gathering and assuming a threatening aspect concluded it best to go with them then and putting on hla hia hat bat walked boldly into the midst ofa of a hollow square of the carthage greys yet evidently expecting to be massacre massac Nd d in the streets before arriving at the court house politely locked arms with the worst he could see and hyrum locked armed arms with joseph followed badr richards and escorted by a guard elders taylor jones markham and fullmer followed outside the hollow square and accompanied them to the court room 4 case called by robert F smith captain of the carthage greys the counsel for the prisoners then appeared and called for for witnesses on the part of the prisoners and expressed their wish to go into the examination as soon as the witnesses could be brought brou ht from nauvoo to carthage this was objected to most vehemently by the opposite counsel took capy of order to bring prisoners from jail for trial as follows state of illinois ancock hancock II county to david bettisworth constable of said county you are here hare hereby by commanded to bring the he bodies of joseph smith and hyrum smith from the jail of said county counts count forthwith before me at my office for an examination on the charge of treason they having been committed for safe keeping until trial could be had on such examination and the state now row now being rea ready dy for such examination given under my hand and seal this 26 day of june 1844 IM signed R F SMITH J P 11 LS made a copy of the list of witnesses C L higbee 0 C Sj skinner inner thos sharp sylvester ivester lvester emmons emmona and thos morrison Mor rison rigon appeared appeared as cou counsel for th tb eState the writ was returned endorsed served on june which was false mr wood said they were commit committed ted fed to jail without any examination whatever mr reid urged a continuance of the case till the witnesses could be obtained from nauvoo for the defence 42 41 pm mr skinner suggested that the c curt urt adjourn until 12 oclo ocio 0 tomorrow to morrow mr wood proposed that the court adjourn until witness witnesses cs could be got together or until tomorrow to morrow at any time and again adjourn if they are not ready without bringing the pris boners into court mr reid hoped no compulsory measures would be made use of by the prosecution in this enlightened country I 1 I 1 mr skinner if witnesses cannot be had bad after due diligence by the defence a continuance will be granted court said this writ was served yesterday which was not the case else unless it could 1 be e served without the prisoners or their couns counsel el knowing it on motion of counsel for the prisoners examination was wab postponed till tomorrow to morrow at 12 noon and subpoenas were granted to get wU witnesses nesses from nauvoo twenty miles distance whereupon the prisoners w were ere remanded to prison with the following state of llla iiii illinois innis hancock county Ss to the keeper of the jail of hancock county illinois greeting whereas joseph jospph smith and hyrum smith have been arrested and brought before me robert F smith a justice of the peace in and for said county for examination on the charge of treason against the tiie state of illinois and have applied for a continuance which is granted until the june 1844 at 12 in these are therefore to command you to receive the said joseph smith and hyrum smith into your custody in the jail of the county there to remain until they are brought before me for fori said examination according to law given dermy un hand and seal this day of oJune juhe june 1844 i 1 1 1 R F J P LS returned to jail and joseph and hyrum were thrust into close confinement patriarch john smith came from macedonia to the jail to see his hia nephews joseph and ind hyrum the road was thronged thron ged with robbers mob bers three of them snapped their guns at him and he was threatened by many others who recognized h him im the guard at the jail refused him admittance joseph saw him through the prison window and said to the guard let the old oid gentleman come in he is my uncle the guard replied they did not care who the hell he was uncle to he should not go in joseph replied you will not hinder so old and infirm a man as he is from comin coming inal in and then said come in uncle on w which cb after se searching archin him closely the guard let him pass into the jail where he remained about an hour he asked joseph if he thought lie he should again get out of the hands of his enemies when he replied my al y brother hyrum thinks I 1 shall shail I 1 wish you would tell the brethren in macedonia that they can see by this that it has no not t been safe for me to visit them and tell almon W babbitt I 1 want him to command come and assist me as an attorney at my expected trial tomorrow to morrow matro before ca captain tain R F P smith y father amith smith then left the jail lail to convey this mess message afre to A IV W babbitt who nho was at macedonia I 1 6 pm copied witnesses names and dr bernhisel brought the fol foi following lowin 1 I would advise the jailer jaller to keep tie tle the smith in the room in which I 1 found them this morning unless a closer confinement should be clearly necessary to prevent an escape THOMAS FORD governor and commander in chief chief 5 june of pm received the following letter from william clayton nauvoo june 1844 dear president iwhite this line to inform you that mr marsh who lives down the river and of whom you have had corn pork rk ac has sent word that if you want any toil bail ball he be is ready for one to any amount and further that he has got some corn left which he wants you to have lest the mob moh get it we will endeavor to obtain it they have already taken two loads but he has charged them a dollar a bushel for it the amaranth has just juat landed at the foot of main alain street and unloaded hour flour 95 93 for mr kimball and the balance for bryant captain singleton who came at the head bead of the police this morning morning is sending a request to t i the governor to call them home lie he says he finds no difficulties to settle here but there is plenty to settle at home he furthermore says that while the police were at carthage they were treated as soldiers but since they came to nauvoo they have been treated as gentie gentle gentlemen mou meu the compa compary ryall ryail yil all got home safe and well last night A messenger t is about to start forthwith to judge thomas all ail allis is peace in in nauvoo many threats keep ca coming min that the mob are determined to attack the cit city y in your absence but we have haie no fears with fervency and true friendship I 1 remain yours eternally W CLAYTON 5 this letter ietter hassent was wag sent from nauvoo by joel S miles joseph instructed cahoon caboon to return to nauvoo with all haste and fetch a number of documents for the promised trial 25 min to 7 sent a message to counselor woods ts tio get subpoenas for samuel james edward hunter and philip B lewis with instructions to bring t with them the papers that they carried to the governor at springfield and which the governor had bad not seen as he had started for carthage before they the y arrived at springfield ito to 8 supper 8 pm counselors woods and reid called with elder J P greene and said that the governor and military officers offrice rs had held a council which had been called by the governor and they decided that the governor and all the troops should march to nauvoo at 8 tomorrow except one company of about 50 men in order to gratify the troops and return next day the company of fifty men to be selected by the governor from those of the troops troop whose fidelity be could most rely on to guard the prisoners who should be left in carthage jail and that their trial be deferred until saturday u the b after the consultation the justice robert F smith who was one of the officers in command altered the return of the subpoenas until the this was done without consulting either the prisoners or their counsel about ai 81 pm 1 patriarch john smith met lawyer babbitts babbitt and delivered the message when babbitt replied you are too late I 1 am already engaged on the other side 9 pm Aless rs woods reid and greene re to hamiltons hotel 91 elder john taylor prayed willard richards john taylor john S fullmer stephen markham and dan jones staid with joseph and hyrum in th the tha front room i duning during durla the evening th the e patriarch hyrum smi smith th read and commented upon ext extracts fromi the book of lormon oh on the imprisonments and add deliverance of the e servants e va ot of god ferth form foru 1 gospels os sake joseph bore a powerful testis testimony in ony to the guards of the divine authenticity of the book of mormon the restoration of the gospel the administration of df angels and ana an that the kingdom of god was again established upon the earth for the sake of which he was then thin incarcerated in that prison and not because he had violated any law of god or man they retired to rest reit late joseph and hyrum occupied the only bedstead in the room while their friends lay side by side on the mattresses mattras ses on the floor dr richards sat up writing until n his last candle left him in the dark the report of a gun fired close by caused jo joseph eph to ari arl arise 9 e leave the bed and lay himself oh the floor having dan jones on his left and john S fullmer on his right joseph laid out liis his right arm and said to john S fullmer clap lap clay lay your head on my arm for a pillow brother krother john and when all were quiet they conversed in alow tone about the prospects of their deliverance joseph gave expression to several presentiments pre sentiments that he had bad to die and said 1 I would like to see my family again and 1 I would to god that I 1 C could ouid preach to the saints in nauvoo once more fullmer tried to rally his spirits saying lie he thought lie he would often have that privilege when joseph thanked him for the remarks and t good f feelings eerlings expressed to him soon after dr richards retired to the bed which joseph had left and when all were ap patently parent ly fast asleep joseph whispered to dan jones are you afraid to dieva die dle dan said has that time come think you engaged in such a cause I 1 do not think that death would have many terrors jos joseph h rep replied lied you will ivill yet see wales and fu fulfill fulfil 1 the he mission appointed you before you die thursday 27 5 am john P greene and arid wm IV phelps called at |