Closing Argument of Orville Browning, 29 May 1845 [State of Illinois v. Williams et al.]
Source Note
, Closing Argument, [, Hancock Co., IL, 29 May 1845] State of IL v. Williams et al. (Hancock Co., IL, Circuit Court 1845). Copied [between ca. 11 Feb. 1944 and ca. 16 Jan. 1968] in “Minutes of Trial of Members of Mob Who Helped Kill Joseph Smith, the Prophet,” pp. 15–20 (first numbering); CHL.
The custodial history of this typescript is unknown. Wilford C. Wood acquired the manuscript from Frank C. Baum in 1944 and thereafter created three typescript transcripts of it. Two of the transcripts, identified as a first copy and a carbon copy, were retained by Wood and are in the possession of the Wilford C. Wood Museum in Bountiful, Utah. At an unknown time, Wood created a third transcript titled “Minutes of Trial of Members of Mob who Helped Kill Joseph Smith, the Prophet” that was donated to the Church Historian’s Office before Wood’s death in 1968. The transcripts contain portions that are unaccounted for in the manuscript. The copy donated to the church is virtually identical to the copies at the Wood Museum, except that some of the documents are in a different order. The typescript was presumably placed in a Joseph Smith name file after its donation. Church Historical Department (now CHL) staff cataloged the typescript in 1973.
Mrs. Frank Baum, Quincy, IL, to Wilford C. Wood, Woods Cross, UT, Receipt, 11 Feb. 1944, microfilm, reel 16, Wilford C. Wood Collection of Church Historical Materials, CHL; Letter, Wilford C. Wood, Woods Cross, UT, to David O. McKay, 16 Feb. 1944, microfilm, reel 16, Wilford C. Wood Collection of Church Historical Materials, CHL.
Wilford C. Wood Collection of Church Historical Materials. Microfilm. CHL. MS 8617.
See “Martyrdom Court Records (typed) carbon 4-c-b-2.2,” microfilm, reel 5, Wilford C. Wood Collection of Church Historical Materials, CHL; and “Martyrdom Court Records (Typed) 4-c-b-2.4,” microfilm, reel 25, Wilford C. Wood Collection of Church Historical Materials, CHL.
Wilford C. Wood Collection of Church Historical Materials. Microfilm. CHL. MS 8617.
See the full bibliographic entry for “Minutes of Trial of Members of Mob Who Helped Kill Joseph Smith, 1844–1845,” in the CHL catalog; and Oaks and Hill, Carthage Conspiracy, 227.
Oaks, Dallin H., and Marvin S. Hill. Carthage Conspiracy: The Trial of the Accused Assassins of Joseph Smith. Urbana: University of Illinois Press, 1975.
says he came here a stranger without sympathy. Why tell you of this? Can it be for any other purpose than to arouse your sympathy for him? He says he stands alone. If by this he means he has made all the speeches on the other side, he is right— but if he means to be understood that he has had no aid or advice from others, he certainly resumes much on your [blank].
In his opening remarks he complains to you that the defts. paraded before him an array of attorneys, that he stood alone and there were four against him. There are 6 defendants and they have but 4 attorneys, not an attorney apiece.
thus tries from step to step to arouse your prejudice against the defts, and sympathy for him, but yet proclaims to be magnanimous. He claims to be a stranger in a strange land. How came he here and for what purpose? Who brought him among strangers? The people of did not send for him. He thrust himself among them. We have an atty appointed by law in this circuit whose business it is to prosecute in behalf of the people. It is his business to prosecute not persecute— and when he finds the evidence insufficient to warrant a conviction his duty is to advise the jury to acquit, and such was to be his course here— but in this case private malignancy is to be gratified and not justice sought for.
says that affidavits have been filed with the of this relative to this difficulty which has partly [blank] his [blank] who [blank] them— and what are they. Such means has never been resorted to before to procure convictions. On the part of defts. the course has been just the reverse— they have right to be brought to a trial and [blank] trial and have the case disposed of so that they might not and their families be harrassed continually. As soon as reason appeared to prosecute they voluntarily came forward and demand a trial. They have done nothing to arouse passion or prejudice to prevent a fair and impartial trial. There have been more efforts to forestall public opinion not only of prejudice but of hatred against these men, than you or I or the court have ever before known. says there has been affidavits filed. Why does he not tell us who filed them? Were they filed by the [blank] [William] Daniels and — men so foul they will not stay even in ’s hands. The public press has taken the matter up— one a leading paper at the seat of government, and another one published in your . One reason for the delay in this case has been to procure the testimony of — for this case the cause was cont’d at the last time, yet exhibits a letter from the [p. 16]