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

  • Source Note
  • Historical Introduction
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Editorial Note
Following are ’s hastily written notes taken during an “examination” of JS and other defendants in the Nauvoo Expositor riot case, held before Justice of the Peace Robert Smith at ’s in , Illinois. The fragmentary nature of the record precludes a thorough understanding of the arguments made by the prosecution, the defense, and the court in the course of the hearing. Accounts written shortly afterward, however, indicate that the court decided to release the prisoners on bail, with instructions to appear at the next term of the circuit court, only after hearing “great exertions” from the defense counsel and “a good deal of resistance” from the prosecution.

— mentind [mentioned] affidavit not here moved.— an adjournet [adjournment],— read Law.——
&— [blank] objected to an adjourmt [adjournment]—— said court was not authorizd to take recognisanc [recognizance] without their acknowlidgig [acknowledging] their guilt— or having witnesses <​to prove, <​that we​> we​> admit the press was distroyed.—— read Law— to show— that Justice could not r[e]cognize without admission of guilt—
Offered to give bail or <​askd [illegible]​> discharge, us.——
Law read was stated by to belong to civil not criminal cases.—
insistd to have a commissi[o]n crime acknownldgd [acknowledged]—
cou[r]t asked askd if the parties admitted th[e]re was suffic[ie]nt cau[s]e to bind over— and the council admittd there was suffcnt [sufficient] cau[s]e to bind ove[r]— with cognizanc[e] in comm[o]n form— [p. [24]]

Editorial Note
Following are ’s hastily written notes taken during an “examination” of JS and other defendants in the Nauvoo Expositor riot case, held before Justice of the Peace Robert Smith at ’s in , Illinois. The fragmentary nature of the record precludes a thorough understanding of the arguments made by the prosecution, the defense, and the court in the course of the hearing. Accounts written shortly afterward, however, indicate that the court decided to release the prisoners on bail, with instructions to appear at the next term of the circuit court, only after hearing “great exertions” from the defense counsel and “a good deal of resistance” from the prosecution.

— mentind [mentioned] affidavit not here moved.— an adjournet [adjournment],— read Law.——
&— [blank] objected to an adjourmt adjournment—— said court was not authorizd to take recognisanc [recognizance] without their acknowlidgig [acknowledging] their guilt— or having witnesses to prove, that we admit the press was distroyed.—— read Law— to show— that Justice could not recognize without admission of guilt—
Offered to give bail or askd discharge, us.——
Law read was stated by to belong to civil not criminal cases.—
insistd to have a commission crime acknownldgd acknowledged—
court asked askd if the parties admitted there was sufficient cause to bind over— and the council admittd there was suffcnt sufficient cause to bind over— with cognizance in common form— [p. [24]]
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