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

  • Source Note
  • Historical Introduction
Page 169
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<​June 26​> supposition that your protection excluded all persons but those admitted by a pass. I have caused the officer of the guard to be correctly instructed of his duties so that you need suffer no further inconvenience.
Brig. Genl.
“Head Quarters
, June 26th. 1844”
said he had got the Magistrate on a pin hook; for the Magistrate had committed them without examination, and had no further jurisdiction in the case, [HC 6:593] and he would not agree to a trial unless (Captain) Justice [Robert] Smith would consent to go to for examination, where witnesses could be had.
said that a week ago and another had concocted a scheme for a writ to take Joseph, and when he was apprehended to take him to , and returned from the night before the burning of the press
1 P. M wrote to his , and sent the letter by .
It was common conversation on the Camp ground and in the dining room of the , in the presence of “the law is too short for these men, but they must not be suffered to go at large;” and, “if the law will not reach them, powder and ball must.” -[]-
½ past 2. came with Alexander Simpson, and wanted to come in, with an order to the demanding the prisoners; but as , 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 Robert F. Smith then inquired what he must do? replied “We have plenty of troops; there are the Carthage Greys under your command, bring them out” -[]-
Joseph sent to inform the of what had just taken place, and also to inform his Counsel, Messrs and .
20 min to 3. returned from the and said apparently the was doing all he could.
3 p. m. Wrote to Messrs and as follows: [HC 6:594]
“Jail , June 26. 3 P. M.
“Messrs and , Sirs,
called a little while since, and wanted to 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 excitment because we did not go, and we wish to see you without delay.
“We are informed that has said that they can do nothing with us, only by powder and ball, as we have done nothing against the law.
Yours,
Joseph Smith
per
which was carried by Elder
20 min to 4. Upon the refusal of the to give up the prisoners, the with the Company of Carthage Greys, under the command of Frank Worrell, marched to the jail, and, by intimidation and threats compelled the against his [p. 169]
June 26 supposition that your protection excluded all persons but those admitted by a pass. I have caused the officer of the guard to be correctly instructed of his duties so that you need suffer no further inconvenience.
Brig. Genl.”
“Head Quarters
, June 26th. 1844”
said he had got the Magistrate on a pin hook; for the Magistrate had committed them without examination, and had no further jurisdiction in the case, [HC 6:593] and he would not agree to a trial unless (Captain) Justice [Robert] Smith would consent to go to for examination, where witnesses could be had.
said that a week ago and another had concocted a scheme for a writ to take Joseph, and when he was apprehended to take him to , and returned from the night before the burning of the press
1 P. M wrote to his , and sent the letter by .
It was common conversation on the Camp ground and in the dining room of the , in the presence of “the law is too short for these men, but they must not be suffered to go at large;” and, “if the law will not reach them, powder and ball must.” -[]-
½ past 2. came with Alexander Simpson, and wanted to come in, with an order to the demanding the prisoners; but as , 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 Robert F. Smith then inquired what he must do? replied “We have plenty of troops; there are the Carthage Greys under your command, bring them out” -[]-
Joseph sent to inform the of what had just taken place, and also to inform his Counsel, Messrs and .
20 min to 3. returned from the and said apparently the was doing all he could.
3 p. m. Wrote to Messrs and as follows: [HC 6:594]
“Jail , June 26. 3 P. M.
“Messrs and , Sirs,
called a little while since, and wanted to 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 excitment because we did not go, and we wish to see you without delay.
“We are informed that has said that they can do nothing with us, only by powder and ball, as we have done nothing against the law.
Yours,
Joseph Smith
per
which was carried by Elder
20 min to 4. Upon the refusal of the to give up the prisoners, the with the Company of Carthage Greys, under the command of Frank Worrell, marched to the jail, and, by intimidation and threats compelled the against his [p. 169]
Page 169