Images of this item © Community of Christ and licensed to the Joseph Smith Papers Project. Inquiries about high-resolution images of this item for scholarly use should be directed to the Community of Christ Library-Archives, Independence, Missouri.

Letter from Justin Butterfield, 27 March 1843

  • Source Note
Page 3
him in this would swear to that— and it will be well to trace this out, and prove what his Character was in the different places where he Resided before he came to — and before he came to this I have no doubt you can if you take sufficient pains in traceing him out prove that he is a most precious Scoundrel: and entirely prostrate his evidence— he will undoubtedly obtain some Witnesses in to support his character but if you trace him back for several years and peruse what his Character has been in the various places where he has resided; the prosecution cannot support his Character:— Now whether by the practic of the Courts in they allow a commission to issue to take depositions out of the to be read in Criminal cases, or whether the witnesses must personally appear in court and testify and question s Counsel can answer but I cannot— the Practice of Criminal Courts is different in different States— and I do not know what the practice is in ——
Your testimony that you never employed or instigated to kill will do no good. Your conduct cannot be drawn in question on that trial.— The question to be in issue on his trial will be whether he actually shot , not whether he was instigated to do so by any one. I[f] has been or shall be indicted it will [p. 3]
him in this would swear to that— and it will be well to trace this out, and prove what his Character was in the different places where he Resided before he came to — and before he came to this I have no doubt you can if you take sufficient pains in traceing him out prove that he is a most precious Scoundrel: and entirely prostrate his evidence— he will undoubtedly obtain some Witnesses in to support his character but if you trace him back for several years and peruse what his Character has been in the various places where he has resided; the prosecution cannot support his Character:— Now whether by the practic of the Courts in they allow a commission to issue to take depositions out of the to be read in Criminal cases, or whether the witnesses must personally appear in court and testify and question ’s Counsel can answer but I cannot— the Practice of Criminal Courts is different in different States— and I do not know what the practice is in ——
Your testimony that you never employed or instigated to kill will do no good. Your conduct cannot be drawn in question on that trial.— The question to be in issue on his trial will be whether he actually shot , not whether he was instigated to do so by any one. If has been or shall be indicted it will [p. 3]
Page 3