Letter from Edward Southwick, 29 July 1843

  • Source Note
Page [2]
image
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 & [Lucian] 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]]
at did pre-emptorily refuse to allow Smith a private 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 & Lucian 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 menaces toward either or said , but on the contrary several of them, and said Smith among the [p. [2]]
Page [2]