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

  • Source Note
  • Historical Introduction
Page 161
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<​June 25​> As went to the door he met with some 20 men, they having come to guard the prisoners to jail. accompanied to (Captain) Justice Robert F. Smith, who gave as a cause for issuing the warrant of committal, that the prisoners were not personally safe at the . then requested the to have a company of troops from some other County <​detailed​> to guard the jail.
with his Company escorted Joseph and [HC 6:573] from their lodgings together with , , , , , , Dr Southwick, and to the jail. had a very large hickory cane which he called “the rascal beater.” had a smaller walking stick, and they walked on either side of Joseph and , keeping off the drunken rabble, who several times broke through the ranks.
They were received by the Jailor, Mr. , and put into the criminal’s cell; but he afterwards gave them the debtor’s apartment, where the prisoners and their friends had amusing conversations on various interesting subjects which engaged them till late. Prayer by <​was offered​>, which made Carthage prison into the gate of heaven for a while. They laid promiscuously on the floor, where they all slept from ½ past 11 until 6 A.M. of the 26th.
Counselor , in his published statement, writes as follows:
“The recitals of the mittimus so far as they relate to the prisoners having been brought before the Justice for trial, and it there appearing that the necessary witnesses of the prosecution were absent, are wholly untrue, unless the prisoners could have appeared before the justice without being present in person or by counsel; nor is there any law of which permits a justice to commit persons charged with crimes to jail, without examination as to the probability of their guilt.” [HC 6:574]
[remainder of page blank] [p. 161]
June 25 As went to the door he met with some 20 men, they having come to guard the prisoners to jail. accompanied to (Captain) Justice Robert F. Smith, who gave as a cause for issuing the warrant of committal, that the prisoners were not personally safe at the . then requested the to have a company of troops from some other County detailed to guard the jail.
with his Company escorted Joseph and [HC 6:573] from their lodgings together with , , , , , , Dr Southwick, and to the jail. had a very large hickory cane which he called “the rascal beater.” had a smaller walking stick, and they walked on either side of Joseph and , keeping off the drunken rabble, who several times broke through the ranks.
They were received by the Jailor, Mr. , and put into the criminal’s cell; but he afterwards gave them the debtor’s apartment, where the prisoners and their friends had amusing conversations on various interesting subjects which engaged them till late. Prayer was offered, which made Carthage prison into the gate of heaven for a while. They laid promiscuously on the floor, where they all slept from ½ past 11 until 6 A.M. of the 26th.
Counselor , in his published statement, writes as follows:
“The recitals of the mittimus so far as they relate to the prisoners having been brought before the Justice for trial, and it there appearing that the necessary witnesses of the prosecution were absent, are wholly untrue, unless the prisoners could have appeared before the justice without being present in person or by counsel; nor is there any law of which permits a justice to commit persons charged with crimes to jail, without examination as to the probability of their guilt.” [HC 6:574]
[remainder of page blank] [p. 161]
Page 161