History, 1838–1856, volume F-1 [1 May 1844–8 August 1844]

  • Source Note
  • Historical Introduction
Page 159
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<​June 25​> form in order to prevent, if possible, any increase of excitement.
5 P. M. Court acknowledged the admission, and ordered recognizances, whereupon, Joseph Smith, , , , , , , , , , , , , and gave bonds, with , , , , and other unexceptionable sureties, in the sum of $500 for each of the defendants, Total $7,500, for their appearance at the next term of the Circuit Court for .
It was evident that the Magistrate intended to overreach the wealth of the defendants and their friends, so as to imprison them for want of bail; but it happened that there was strength to cover the demand, for some of the brethren went security to the full extent of their property, -[]- and Justice Smith adjourned his Court over, and left the Court House, without calling on Joseph and to answer to the charge of treason, or even intimating to those prisoners, or their Counsel, that they were expected to enter into an examination that night.
Captain Smith, the only magistrate who could grant subpoenas for witnesses, disappeared until a late hour, as if purposely to prevent the appearing of the defendant’s witnesses, and in keeping with the conviction expressed by Joseph’s enemies the previous day “that the law cannot touch them, but that powder and ball will”
About 6½ P. M. heard , while endeavoring to get another warrant against Joseph Smith for Treason, declare, that while he was once preaching from Daniel 1 ch. 44 v., Mr. Smith said that the [HC 6:568] kingdom referred to, was already set up; and that he was the King over it. He also heard , and other leaders of the mob declare that they had eighteen accusations against Joseph, and as one failed they would try another to detain him there, and that they had had so much trouble and hazard, and worked so hard in getting him to that they would not let him get out of it alive. pointed to his pistols, and said, “the balls are in there that will decide his case”. immediately went up stairs to Joseph and informed him what he had heard say. -[]-
About 7½ P. M. Dr. , and most of the brethren, after they had signed the bonds, left for , when Joseph and went into the ’s room and spoke with him, as had promised them an interview. After a few monent’s conversation the left them to order the Captain of the Guard to give the brethren some passes. They then went to supper.
At 8. appeared at the lodgings of Joseph and , and insisted that they should go to jail. Joseph demanded a copy, of the mittimus, which was refused. Messrs and , as Counsel, insisted that the Prisoners were entitled to be brought before a justice of the peace for examination before they could be sent to jail. The to their surprise then exhibited the following Mittimus:
“State of Illinois)
)
“The people of the State of to the [p. 159]
June 25 form in order to prevent, if possible, any increase of excitement.
5 P. M. Court acknowledged the admission, and ordered recognizances, whereupon, Joseph Smith, , , , , , , , , , , , , and gave bonds, with , , , , and other unexceptionable sureties, in the sum of $500 for each of the defendants, Total $7,500, for their appearance at the next term of the Circuit Court for .
It was evident that the Magistrate intended to overreach the wealth of the defendants and their friends, so as to imprison them for want of bail; but it happened that there was strength to cover the demand, for some of the brethren went security to the full extent of their property, -[]- and Justice Smith adjourned his Court over, and left the Court House, without calling on Joseph and to answer to the charge of treason, or even intimating to those prisoners, or their Counsel, that they were expected to enter into an examination that night.
Captain Smith, the only magistrate who could grant subpoenas for witnesses, disappeared until a late hour, as if purposely to prevent the appearing of the defendant’s witnesses, and in keeping with the conviction expressed by Joseph’s enemies the previous day “that the law cannot touch them, but that powder and ball will”
About 6½ P. M. heard , while endeavoring to get another warrant against Joseph Smith for Treason, declare, that while he was once preaching from Daniel 1 ch. 44 v., Mr. Smith said that the [HC 6:568] kingdom referred to, was already set up; and that he was the King over it. He also heard , and other leaders of the mob declare that they had eighteen accusations against Joseph, and as one failed they would try another to detain him there, and that they had had so much trouble and hazard, and worked so hard in getting him to that they would not let him get out of it alive. pointed to his pistols, and said, “the balls are in there that will decide his case”. immediately went up stairs to Joseph and informed him what he had heard say. -[]-
About 7½ P. M. Dr. , and most of the brethren, after they had signed the bonds, left for , when Joseph and went into the ’s room and spoke with him, as had promised them an interview. After a few monent’s conversation the left them to order the Captain of the Guard to give the brethren some passes. They then went to supper.
At 8. appeared at the lodgings of Joseph and , and insisted that they should go to jail. Joseph demanded a copy, of the mittimus, which was refused. Messrs and , as Counsel, insisted that the Prisoners were entitled to be brought before a justice of the peace for examination before they could be sent to jail. The to their surprise then exhibited the following Mittimus:
“State of Illinois)
)
“The people of the State of to the [p. 159]
Page 159