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

  • Source Note
  • Historical Introduction
Page 170
image
<​June 26 ​> will and conviction of duty, to deliver Joseph and to the , who forthwith, and contrary to their wishes compulsarily took them.
Joseph, seeing the mob gathering, and assuming a threatening aspect, concluded it best to go with them then; and putting on his hat, walked boldly into the midst of a hollow square of the Carthage Greys; yet evidently expecting to be massacred in the Streets before arriving at the Court House, politely locked arms with the worst mobocrat he could see, and locked arms with Joseph, followed by , and escorted by a guard. -[]- Elders , , and followed, outside the hollow square, and accompanied them to the Court Room.
4 o’clock. Case called by Robert F. Smith, Captain of [HC 6:595] the Carthage Greys. The Council for the prisoners then appeared, and called for subpoenas for witnesses on the part of the prisoners, and expressed their wish to go into the examination as soon as the witnesses could be brought from to . This was objected to most vehemently by the opposite counsel.
4.25. Took copy of order to bring prisoners from jail for trial, as follows:
“State of Illinois)
)
To , constable of said :
“You are hereby commanded to bring the bodies of Joseph Smith and from the jail of said , forthwith before me at my office for an examination on the charge of treason, they having been committed for safe keeping until trial could be had on such examination and the now being ready for such examination.
“Given under my hand and seal this 26th day of June 1844
(Signed) R. F. Smith, J. P.” L. S.
4.30. Made a copy of the list of witnesses
4.35 , , , and , appeared as Council for the .
The writ was returned endorsed “Served on June 25th”, which was false
said, they were committed to jail without any examination whatever.
, Urged a continuance of the case till the witnesses could be obtained from for the defence.
4¾ p. m. suggested that the Court adjourn until 12 o’clock tomorow.
proposed that the Court adjourn until witnesses could be got together, or until tomorrow at any-time, and again adjourn if they are not ready, without bringing the prisoners into Court.
hoped no compulsory measures would be made [HC 6:596] use of by the prosecution in this enlightened country.
. If witnesses cannot be had after due diligence by the defence, a continuance will be granted.
Court said this writ was served yesterday, (which was not the case, unless it could be served without the prisoners or their Counsel knowing it.)
On motion of Counsel for the prisoners, examination was postponed till tomorrow at 12 o’clock noon, and subpoenas were granted to get witnesses from , [p. 170]
June 26 will and conviction of duty, to deliver Joseph and to the , who forthwith, and contrary to their wishes compulsarily took them.
Joseph, seeing the mob gathering, and assuming a threatening aspect, concluded it best to go with them then; and putting on his hat, walked boldly into the midst of a hollow square of the Carthage Greys; yet evidently expecting to be massacred in the Streets before arriving at the Court House, politely locked arms with the worst mobocrat he could see, and locked arms with Joseph, followed by , and escorted by a guard. -[]- Elders , , and followed, outside the hollow square, and accompanied them to the Court Room.
4 o’clock. Case called by Robert F. Smith, Captain of [HC 6:595] the Carthage Greys. The Council for the prisoners then appeared, and called for subpoenas for witnesses on the part of the prisoners, and expressed their wish to go into the examination as soon as the witnesses could be brought from to . This was objected to most vehemently by the opposite counsel.
4.25. Took copy of order to bring prisoners from jail for trial, as follows:
“State of Illinois)
)
To , constable of said :
“You are hereby commanded to bring the bodies of Joseph Smith and from the jail of said , forthwith before me at my office for an examination on the charge of treason, they having been committed for safe keeping until trial could be had on such examination and the now being ready for such examination.
“Given under my hand and seal this 26th day of June 1844
(Signed) R. F. Smith, J. P.” L. S.
4.30. Made a copy of the list of witnesses
4.35 , , , and , appeared as Council for the .
The writ was returned endorsed “Served on June 25th”, which was false
said, they were committed to jail without any examination whatever.
, Urged a continuance of the case till the witnesses could be obtained from for the defence.
4¾ p. m. suggested that the Court adjourn until 12 o’clock tomorow.
proposed that the Court adjourn until witnesses could be got together, or until tomorrow at any-time, and again adjourn if they are not ready, without bringing the prisoners into Court.
hoped no compulsory measures would be made [HC 6:596] use of by the prosecution in this enlightened country.
. If witnesses cannot be had after due diligence by the defence, a continuance will be granted.
Court said this writ was served yesterday, (which was not the case, unless it could be served without the prisoners or their Counsel knowing it.)
On motion of Counsel for the prisoners, examination was postponed till tomorrow at 12 o’clock noon, and subpoenas were granted to get witnesses from , [p. 170]
Page 170