Appendix 3: Willard Richards, Journal Excerpt, 23–27 June 1844

Willard Richards’s letter to his wife has not been located. The compilers of JS’s history identified this person as Cyrus Canfield, who testified at JS’s habeas corpus hearing on 12 June. (JS History, vol. F-1, 169; Nauvoo Municipal Court Docket Book, 110.)  

JS History / Smith, Joseph, et al. History, 1838–1856. Vols. A-1–F-1 (original), A-2–E-2 (fair copy). Historian’s Office, History of the Church, 1839–ca. 1882. CHL. CR 100 102, boxes 1–7. The history for the period after 5 Aug. 1838 was composed after the death of Joseph Smith.

Nauvoo Municipal Court Docket Book / Nauvoo, IL, Municipal Court. “Docket of the Municipal Court of the City of Nauvoo,” ca. 1843–1845. In Historian's Office, Historical Record Book, 1843–1874, pp. 51–150 and pp. 1–19 (second numbering). CHL. MS 3434.

The compilers of JS’s history identified “Simpson” as “Alexander Simpson”—probably Alexander Sympson, who claimed two months earlier that JS had falsely accused him of a crime, which resulted in an indictment against JS for perjury. (JS History, vol. F-1, 169; JS, Journal, 23 and 25 May 1844.)  

JS History / Smith, Joseph, et al. History, 1838–1856. Vols. A-1–F-1 (original), A-2–E-2 (fair copy). Historian’s Office, History of the Church, 1839–ca. 1882. CHL. CR 100 102, boxes 1–7. The history for the period after 5 Aug. 1838 was composed after the death of Joseph Smith.

According to Hugh Reid, Bettisworth had an order from Justice of the Peace Robert Smith directing him to bring JS and Hyrum Smith from jail “for an examination on the charge of treason.” The jailor, George Stigall, refused to release the prisoners to Bettisworth, as he “could find no law authorizing a Justice of the Peace, to demand prisoners committed to his charge.” Bettisworth himself reported that he was refused entrance by Stigall and that overhearing their conversation, JS said that he would not go with Bettisworth—“that the Constable should have nothing to do with him—that he intended coming out on a writ of habeas corpus.” (“Statement of Facts,” Times and Seasons, 1 July 1844, 5:562; “For the Warsaw Signal,” Warsaw [IL] Signal, 24 July 1844, [1], italics in original; see also Jones, Martyrdom of Joseph and Hyrum Smith; and John S. Fullmer, Preston, England, to George A. Smith, 27 Nov. 1854, Historian’s Office, JS History Documents, ca. 1839–1860, CHL.)  

Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.

Warsaw Signal. Warsaw, IL. 1841–1853.

Jones, Dan. The Martyrdom of Joseph and Hyrum Smith, 1855. CHL. MS 153.

Historian’s Office. Joseph Smith History Documents, 1839–1860. CHL. CR 100 396.

JS’s letter, written to his attorneys Hugh Reid and James Woods and inscribed by Willard Richards, described Bettisworth’s recent visit to the jail and the guard’s refusal to let him in. “We have since learned that he [Bettisworth] wanted to take us before the Magistrate,” JS continued, “and we have since learned there is some excitement because we did not go— & we wish to see you without delay.” JS closed the letter by noting that Robert D. Foster had allegedly said that only “powder and ball” could do anything to JS and Hyrum Smith, as they had done nothing illegal. (JS, Carthage, IL, to James Woods and Hugh Reid, [Carthage, IL], 26 June 1844, JS Collection, CHL.)  

Smith, Joseph. Collection, 1827–1846. CHL. MS 155.

James Woods later wrote that after the jailor, George Stigall, refused to release JS and Hyrum Smith to Bettisworth, the constable left and returned to the jail with the Carthage Greys and forced Stigall “by intimidation and threats . . . to give up the prisoners.” Bettisworth, on the other hand, reported that when he arrived at the jail, the guard halted outside the yard fence and Stigall delivered the Smiths to the constable without any threat or disturbance. Stigall agreed with Bettisworth, stating that when the constable and the militia arrived at the jail, there were no threats, force, or coercion and that when Bettisworth presented himself at the door of the jail the second time, the prisoners were delivered to him without question. Stigall explained that after the constable’s first appearance at the jail, he, Stigall, had asked the governor if he had authority to surrender the prisoners and was told he had. Franklin Worrell, the commander of the militia attachment sent to bring the Smiths to the courthouse, supported Bettisworth’s and Stigall’s versions of the event. (“Statement of Facts,” Times and Seasons, 1 July 1844, 5:564; “For the Warsaw Signal,” Warsaw [IL] Signal, 24 July 1844, [1].)  

Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.

Warsaw Signal. Warsaw, IL. 1841–1853.

Hugh Reid and James Woods, counsel for JS and Hyrum Smith, “asked for subpoenas for witnesses on the part of the prisoners.” (“Statement of Facts,” Times and Seasons, 1 July 1844, 5:563.)  

Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.

The order referred to here is probably Justice Smith’s 26 June 1844 order to Constable Bettisworth to bring JS and Hyrum Smith from jail “for an examination on the charge of treason.” No manuscript copy of the order in the hand of any of JS’s associates has been located. Hugh Reid included a transcript of it in his “Statement of Facts” published in the Times and Seasons. (“Statement of Facts,” Times and Seasons, 1 July 1844, 5:562.)  

Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.

Twenty-seven men were identified as witnesses in Nauvoo and Carthage. (Willard Richards, List of Witnesses in Carthage and Nauvoo, 26 June 1844, JS Office Papers, CHL.)  

JS Office Papers / Joseph Smith Office Papers, ca. 1835–1845. CHL. MS 21600.

JS and Hyrum Smith were arrested for treason on separate warrants on the morning of 25 June. (Richards, Journal, 25 June 1844; Writ for Hyrum Smith, Hancock Co., IL, 24 June 1844, State of Illinois v. Smith [J.P. Ct. 1844], JS Office Papers, CHL; Writ for JS, Hancock Co., IL, 24 June 1844, State of Illinois v. JS for Treason [J.P. Ct. 1844], JS Collection, CHL.)  

Richards, Willard. Journals, 1836–1853. Willard Richards, Papers, 1821–1854. CHL. MS 1490, boxes 1–2.

JS Office Papers / Joseph Smith Office Papers, ca. 1835–1845. CHL. MS 21600.

Smith, Joseph. Collection, 1827–1846. CHL. MS 155.

JS and Hyrum Smith were incarcerated in the jail at Carthage for treason without having appeared before a magistrate to answer the charge. (Richards, Journal, 25 June 1844.)  

Richards, Willard. Journals, 1836–1853. Willard Richards, Papers, 1821–1854. CHL. MS 1490, boxes 1–2.