Letter from Edward Southwick, 29 July 1843

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July 29th 1843.
Friend
My Dear Sir— You will have the affidavits of which the enclosed are copies published without delay in the Warsaw Message and such other papers as you may deem proper— The original affidavit I have sent to the Editor of the Warsaw Message but for fear that it may not be published I send you a copy which I wish you see is published in said paper— The falsehood and vilianous conduct by will by these affidavits fully appear. He has charged <​me​> with falsehoods in the Warsaw Message of the date of the 15th of July and it will be seen that his charge thus made is proven by the evidence of men of character (not men like himself) to be untrue.— I would not have had these affidavits published were <​it​> not for the fact that some person who is unacquainted with may believe his statement to be true, but I am not fearful, <​of​> that when he and I are know[n] of any evil results from it—
The following is are the affidavits refered to— ’s statement reflects upon my reputation and I therefore want what is below pub[l]ished. You will not of course publish the above I will write you again in a few days—
Your’s Truly—
<​Please send a me a copy of the Warsaw Message which contains the enclosed affidavits.​>
 
State of Illinois ss;
We the undersigned citizens of the Town of County of State of being duly sworn according to Law depose and say that we have seen the article entitled “Statement of facts connected with the arrest of Joseph Smith and his discharge there from” published in the Warsaw Message of the date of 15th of July A. D. 1843. and have also seen an editorial article in the same number of said paper in which it is stated that said statement of fact was furnished by one of Mr Smiths attornies in said case and that we know the fact stated in said statement to wit that for a considerable length of time immediately after his arrival [p. [1]]
at did pre-emptorily refuse to allow Smith a private with interview with his counsel, and that said did expressly state that no conversation could be had with Smith, by his attornies unless he, , was present at such conversation.
The length of time which such refusal to allow said private conversation continued; was in the belief of these deponents at least one hour,— and that such private conversation was not permitted by until after being informed by at least two of these deponents (Messrs [John] Dixon & [Lucien] Sanger) that such private interview must be allowed Mr Smith— as that was a right he had guaranteed to him by Law.
John Dixon
Isaac Robinson
L. P Sanger
I. D. McComsey
J. Albert Helfenstien
Sworn and Subscribed to before me at this the 29th day of July A. D. 1843.
Frederick R. Dutcher Justice of the peace for Ills.
 
We the undersigned state on oath that we traveled in company with the agent of the State of from to at the time he had Joseph Smith in custody with the intention of taking him to between the 26th of June last and the first instant and that the Mormons, friends of Smith, who met us on said journey before we arrived at conducted themselves so far as we could perceive and were able to judge with the strictest propriety and to our knowledge made use of no means menaces toward either or said , but on the contrary several of them, and said Smith among the [p. [2]]
number; pledged themselves that said and should be personally safe— and that said Mormons none <​none​> of them as we could perceive were armed so far as was discernable; and further that the said statement made in the Old School Democrat of the 12th instant over the signature of that he and said were disarmed soon after they were arrested on the trespass suit commenced against them by Said Smith, and that their arms were not returned to them until after said Smith’s discharge at was incorrect, and in relation to this these deponents say that said and were arrested on said action of trespass at on Saturday morning the 24th of June last; that they were not disarmed by the sheriff of who had them in custody nor by any other person until the following day at Paw Paw Grove thirty two miles distant from , and that the arms of said and were restored to them by the said Sheriff of who had them in custody for default of bail at their and own request while on a the journey from to before the company had arrived within at least eighty miles of .
I. D. McComsey
L. P. Sanger
Sworn and Subscribed to before me at this 29th day of July A.D. 1843
Frederick R. Dutcher Justice of the peace
 
To The Editors of the Warsaw Message
Gent— At appears from an article in your paper of the 15th of July under the Editorial head that there is a question of veracity therein raised between Mr and myself, relative to the proceedings had after the late arrest by him of Joseph Smith. Now in order that the public may no longer be deceived in the premises be pleased to publish together with this note the above affidavits that the charge of falsehood may attach where it properly belongs.
Very Respectfully Your’s
July 29th 1843. [p. [3]]
<​ Ill. JUL 26​>
<​18¾​>
 
Joseph Smith Sen Esquire
City of
Hancock Co—
Ills.— [p. [4]]

Footnotes

  1. new scribe logo

    Postage in unidentified handwriting.