Minutes, 4 December 1841

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Decr. 4th. Saturday Ev.g. 6 oC. P. M.—
City Col. met pursuant to Adjournment. Meeting opened by by Prayer.— Minutes of last Meeting Read.—
A Petn. for the Removal of the , <​was presented, &​> accepted, containing a charge of a palpable omission of Duty.—
moved that the be removed from office.
spoke said he wished the should have opp.y. of defending himself.
Colr. [p. 44]
Colr. spoke to same effect.— The was sent for. sent for.—
moved, that the order for the <​time of​> meeting of the City Col, be rescinded, which was adopted.—
moved that the City Col. do meet <​in future​> upon the first, & third Saturdays in Every Month, which was Seconded & adopted unanimously.
There was a recess given to the City Council <​of half an Hour, or​> until the & should appear.
Council called to order, upon the appearance of the ,
moved, that <​the​> Petn. be read in the hearing of the , which was Seconded, & <​Petn. was​> Read accordingly.—
<​sworn &​> examined.— Saw the <​& gave him a Warrant​>, & the & he agreed to postpone service of the State Warrant until next Morning (Sunday).— he stated that The gave the Wt. <​back to him, & he then gave it to​> to Constable , afterwards.
[4 lines blank]
excd by the .— said the offered to go that Ev.g. & execute it, & afterwards brought it, & gave it back to Witness, & alledged he had a <​particular​> reason for it, & had been advise but did not assign his reason, or explain it.
Aldmn. Sworn.— Said he had a knowledge of Obtg a Wt.
That told him he had given the Warrant to the <​​> And [p. 45] & told <​that​> the had told him, he wished to Return the Wt for some particular Reasons, which said, the did not tell him.—
Sworn— all he knows is what the told him.— that <​the said​> he sd. he was Sorry he did not come down on Saturday Night.— & said he did Come.— Said the told him the Reason he did not arrest <​David​> Smith, was, that Brother Joseph had bid him not do so.—
Colr. Joseph Smith, & Sworn.— Joseph Smith, said, the s wife was Sick, & he told the he thought he shd. take care of his wife, & that he thought he might with safety give the warrant to another Constable.— & the Witness thought the accused had a hatred agst. the , & that another Constable wd. be a more proper Person to take him
said; gave the the Wt in his presence,— & told the he thought it was better it wd be executed that Night, he said the <​then​> told he would serve it that Ev.g. if he wished, or required him, <​& that he was on Hand,​> or Words to that, or the like effect.—
Colr Joseph Smith stated his opinion is, & his impression was that the was not, nor is not, to blame in this Transaction, from the threats that had been made, & believes the was not wilfully guilty, & that the is not a Stout robust [p. 46] <​Robust Man, & he wd be in danger to attack the accused alone, as he is a Stout able Man.​>
said the Case came up in a different light in the Council, to what it had been represented to him, & does not Consider that the is at all blameable, <​for if​> he had arrested Smith whom he
said, the had met the accused in the Street, & had the Wt. at the time, he cd. have got some Person to assist him, even his Brother, <​​> who told him that he thought it shd be executed that Night, & he had a right to call upon the Citizens to assist him & he concluded <​his observations​> by wishing it to remain over to <​Colrs​> & <​s return,​>
Aldmn. — thinks had a wrong impression of the Matter, when he first heard the Story, & and & that he remains under that impression, & explained the Understand.g. had, respecting it.—
having moved heretofore, that the Trial be postponed.— The explained the manner in which the proceedgs. now stand, & that it cd not be postponed, in as much as the Counsellors absent would be deprived of the benefit of the Testimony already given, &c,.
spoke in Explination of the Evidence given, which he said was in favour of the , & if he had arrested him when he saw him he wd have been more to blame than he now could be, especially if Smith had not the Coat on, & also it wd have been Contrary to the Arrangement made with .—
Colr. said, he did not consider the had Acted with wisdom, & spoke to considerable length upon the Case, giving his views upon both sides of the question, [4 lines blank] & concluded by saying, the had neglected his Duty. & committed a fault, through Error of Judgment, & [p. 47] & being biassed, from what has been stated before this Col..— but <​that as​> it had not been proved that the <​​> connived at the escape of the accused, He therefore wd not vote for his Removal.—
Colr. Joseph Smith— said he thought there might be some Censure thrown upon him <​Colr. Smith​>.— & if the erred in Judgment, so did the Speaker, & <​said​> if the <​​> had attempted to arrest the <​accused​>, he might have lost his Life.— & spoke to Considerable length.—
again said he considered the was guilty of a palpable Omission of Duty, but not accessary to any Crime, or Criminality.—
, said there was not any charge against the upon which he should be degraged by the decision of this Council, & spoke at length, & wished for an honorable acquittal of the from the present charge.—
, stated his views of the Case, & considered the guilty of neglect of Duty, & highly Culpable, & spoke to some extent, & thought he should be removed.—
, again spoke, in Support of what he had already said, in support of the Petn.. —
, said he considered the had made an omission of Duty, but wd not vote for a Removal. [p. 48]
again spoke, & does not consider that the erred in Judgt., & he will not Vote for the Removal of the .
[V]ote taken by Ayes <​for,​> & Noes. agst. Removal.
Ayes—) . Noes continued
4 ) )
) 10 )
Noes.— )
Joseph Smith
The Council then sat with Closed Doors for some time, & Adjourned until this day two Weeks, at the usual time & place.— [p. [49]]