Trial Report, between circa 12 and 20 June 1844, Partial Draft [State of Illinois v. JS for Riot on Habeas Corpus]

Document Transcript

For the Neighbor
Municipal Court.
State of Illinois)
City of )
Joseph Smith exparte on June 12, 1844.
This day came Joseph Smith and upon the reading and filing the petition for a writ of Habeas Corpus to be directed to one . constable of the County of to have forthwith before the municipal Court. of said the body of said Joseph Smith upon said writ of Habeas Corpus, said writ was granted by the .
Special Session June 12, 1844. 5 oclock P. M. Present Aldermen . . , . . and , assoociates Justices.
The Mayor being on trial, was elected Pres. Pro tempore.
. marshall made his return on the writ of Habeas Corpus the body of Joseph Smith in court. which writ with the return thereon is on file. . made his return— on the copy of the warrant which was attached to the petition. all of which are on file.— shewing that said Joseph Smith was arrested— on a writ issued by J. P. on complaint of .
7th. Section of Adenda of city ordinance read by Councillor Resolution of city council [p. 1] June 10th. 1844 declaring the printing Establishmen[t] of the Nauvoo Expositor a nuisance. read. Mayors order to the to execute the same Lieut Generals order of June 10th. 1844 to to assist the to destroy said printing establishment.
. sworn. said that the order of the was executed quiet and peaceably, no riot or disturbance, no noise no exultation endeavoured to keep peace and silence, and the officers did also, the 2 companies under command of and , retired in perfect order, no exultation or shouting, marched in front of the and were dismissed.
. confirmed the statements of . said the stated his authority and demanded the keys of the building. which denied. and ordered the door to be forced and the press was broken and type pied in the street.
James Jackson. sworn. Confirmed the statements of previous witnesses, heard no noise. on opening the door. most of the confusion he heard was and his company throwing blackguard to the possa [posse] which they did not regard. saw the whole proceedings till they were dismissed. all was done in order. ’s blackguard was not [p. 2] answered to at all by the ranks. heard nothing said about shooting, heard some one damn the city authorities understood it was . was a stranger in the place.
John Kay. Robert Cleft. A. A. Farnhom. . Augustus Stoffered [Stafford]. .
John Gleeson. sworn. . Confirmed the statements of previous witnesses. ’s threats have been lavish towards General Smith and for a long time,— has threatened injury upon them and the property of the Smiths,— his conspiraces and threats have not been a little.
. sworn. some 3 or 4 weeks ago said he would go his death against Joseph Smith and , said I know my course is wrong but if I stop I shall get hell and if I go on I shall get only hell, and would do what he intended at the risque of his life,— and would destroy the General if possible, said the council had ordered the press destroyed. and who lays his hands on the press it is death to them. has frequently heard tell lies about the General to injure his character.
John Hughs. Joseph Daton. & James Goff. John Hughs. said. said by God all I want to live for is to see this sink down to the lowest Hell and by God it shall, just previous [p. 3] to the s arriving on the 10th. inst.
. said. Two years this June, confessed he was concerned with in his iniquity and had a bad disorder. said he knew his character was ruined,— from time to time since that witness knew. had been threatening Genl Smiths character & p[r]operty.
heard threaten to shoot Genl Smith at s Store. said the destinies of this people is this day sealed in the archives of heaven— and there shall not be left one stone upon another on that .
John P. McEwan. said in reference to Joseph Smith God damn him. I will shoot him. and God damn him. I will shoot him and all that pertains to him.— and before ten suns shall go over our heads the , , and shall be destroyed and it will be the total downfall of this Community.
. sworn. said he would never let things go till he had accomplished the down fall of Genl Smith. that he did not value his life to produce the downfall of Genl Smith. [p. 4]


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    TEXT: “Establishmen[page torn]”.