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Closing Argument of Orville Browning, 29 May 1845 [State of Illinois v. Williams et al.]

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Introduction to State of Illinois v. Williams et al. and State of Illinois v. Elliott–C Complaint, 22 September 1844 [State of Illinois v. Williams et al.] Warrant, 22 September 1844 [State of Illinois v. Williams et al.] Proclamation, 27 September 1844 [State of Illinois v. Williams et al.] Proclamation, 27 September 1844, as Published in Nauvoo Neighbor [State of Illinois v. Williams et al.] Agreement, 30 September 1844 [State of Illinois v. Williams et al.] Agreement, 30 September 1844, Copy [State of Illinois v. Williams et al.] Agreement, 2 October 1844 [State of Illinois v. Williams et al.] Agreement, 2 October 1844, Copy [State of Illinois v. Williams et al.] Agreement, 2 October 1844, as Published in Warsaw Signal [State of Illinois v. Williams et al.] Recognizance, 2 October 1844 [State of Illinois v. Williams et al.] Praecipe, 9 October 1844 [State of Illinois v. Williams et al.] Praecipe, 25 October 1844 [State of Illinois v. Williams et al.] Indictment, 26 October 1844 [State of Illinois v. Williams et al.] Indictment, 26 October 1844, Copy [State of Illinois v. Williams et al.] Docket Entry, Indictment, 26 October 1844 [State of Illinois v. Williams et al.] Praecipe, 26 October 1844 [State of Illinois v. Williams et al.] Docket Entry, Capias, 26 October 1844 [State of Illinois v. Williams et al.] Docket Entry, Discharge from Recognizance, 26 October 1844 [State of Illinois v. Williams et al.] Docket Entry, Recognizance, 26 October 1844 [State of Illinois v. Williams et al.] Memorandum of Testimony, circa 27 October 1844 [State of Illinois v. Williams et al.] Memorandum of Testimony, circa 27 October 1844, Copy [State of Illinois v. Williams et al.] Order, circa 19 November 1844 [State of Illinois v. Williams et al.] Warrant, 20 November 1844 [State of Illinois v. Williams et al.] Warrant, 20 November 1844, as Published in Reports [State of Illinois v. Williams et al.] Subpoena, 14 December 1844–A [State of Illinois v. Williams et al.] Subpoena, 14 December 1844–B [State of Illinois v. Williams et al.] Subpoena, 14 December 1844–C [State of Illinois v. Williams et al.] Subpoena, 14 December 1844–D [State of Illinois v. Williams et al.] Attachment, 14 December 1844 [State of Illinois v. Williams et al.] Bond, 20 March 1845 [State of Illinois v. Williams et al.] Subpoena, 8 May 1845 [State of Illinois v. Williams et al.] Bond, 17 May 1845 [State of Illinois v. Williams et al.] Praecipe, circa 18 May 1845 [State of Illinois v. Williams et al.] Subpoena, 19 May 1845 [State of Illinois v. Williams et al.] Docket Entry, Recognizance, 19 May 1845 [State of Illinois v. Williams et al.] Subpoena, 20 May 1845 [State of Illinois v. Williams et al.] Affidavit, 20–21 May 1845 [State of Illinois v. Williams et al.] Affidavit, 21 May 1845 [State of Illinois v. Williams et al.] Docket Entry, Motion, 21 May 1845 [State of Illinois v. Williams et al.] Docket Entry, Affidavits and Motions, 21 May 1845 [State of Illinois v. Williams et al.] Subpoena, 21 May 1845–A [State of Illinois v. Williams et al.] Subpoena, 21 May 1845–B [State of Illinois v. Williams et al.] Account of Trial, 21–28 May 1845, Shorthand [State of Illinois v. Williams et al.] Account of Trial, 21–28 May 1845, Longhand [State of Illinois v. Williams et al.] Oath, 22 May 1845 [State of Illinois v. Williams et al.] Subpoena, 22 May 1845–A [State of Illinois v. Williams et al.] Subpoena, 22 May 1845–B [State of Illinois v. Williams et al.] Subpoena, 22 May 1845–C [State of Illinois v. Williams et al.] Subpoena, 22 May 1845–D [State of Illinois v. Williams et al.] Subpoena, 22 May 1845–E [State of Illinois v. Williams et al.] Venire Facias, 22 May 1845 [State of Illinois v. Williams et al.] Instructions for Jury Selection, 22 May 1845 [State of Illinois v. Williams et al.] Alias Venire Facias, 22 May 1845 [State of Illinois v. Williams et al.] Docket Entry, Writs of Venire Facias, 22 May 1845 [State of Illinois v. Williams et al.] Attachment, 23 May 1845 [State of Illinois v. Williams et al.] Subpoena, 23 May 1845–A [State of Illinois v. Williams et al.] Subpoena, 23 May 1845–B [State of Illinois v. Williams et al.] Subpoena, 23 May 1845–C [State of Illinois v. Williams et al.] Subpoena, 23 May 1845–D [State of Illinois v. Williams et al.] Docket Entry, Pluries Venire Facias, 23 May 1845 [State of Illinois v. Williams et al.] Attachment, 24 May 1845–A [State of Illinois v. Williams et al.] Attachment, 24 May 1845–B [State of Illinois v. Williams et al.] Attachment, 24 May 1845–C [State of Illinois v. Williams et al.] Subpoena, 24 May 1845 [State of Illinois v. Williams et al.] Docket Entry, Motion Withdrawn, 24 May 1845 [State of Illinois v. Williams et al.] Docket Entry, Attachments, 24 May 1845 [State of Illinois v. Williams et al.] Docket Entry, Continuance, 24 May 1845 [State of Illinois v. Williams et al.] Account of Trial, 24–28 May 1845–A [State of Illinois v. Williams et al.] Account of Trial, 24–28 May 1845–A, as Published in Trial of the Persons Indicted [State of Illinois v. Williams et al.] Account of Trial, 24–28 May 1845–B [State of Illinois v. Williams et al.] Subpoena, 26 May 1845 [State of Illinois v. Williams et al.] Docket Entry, Continuance, 26 May 1845 [State of Illinois v. Williams et al.] Attachment, 27 May 1845 [State of Illinois v. Williams et al.] Subpoena, 27 May 1845–A [State of Illinois v. Williams et al.] Subpoena, 27 May 1845–B [State of Illinois v. Williams et al.] Docket Entry, Continuance, 27 May 1845 [State of Illinois v. Williams et al.] Closing Argument of Josiah Lamborn, 28 May 1845 [State of Illinois v. Williams et al.] Closing Argument of Calvin A. Warren, 28 May 1845 [State of Illinois v. Williams et al.] Closing Argument of Calvin A. Warren, 28 May 1845, as Recorded in “Minutes of Trial” [State of Illinois v. Williams et al.] Docket Entry, Continuance, 28 May 1845 [State of Illinois v. Williams et al.] Docket Entry, Continuance, 29 May 1845 [State of Illinois v. Williams et al.] Closing Argument of Onias Skinner, 29 May 1845 [State of Illinois v. Williams et al.] Closing Argument of Onias Skinner, 29 May 1845, Copy [State of Illinois v. Williams et al.] Closing Argument of Orville Browning, 29 May 1845 [State of Illinois v. Williams et al.] Jury Instructions, 30 May 1845 [State of Illinois v. Williams et al.] Verdict, 30 May 1845 [State of Illinois v. Williams et al.] Docket Entry, Verdict, 30 May 1845 [State of Illinois v. Williams et al.] Docket Entry, Attachment, 30 May 1845–A [State of Illinois v. Williams et al.] Docket Entry, Attachment, 30 May 1845–B [State of Illinois v. Williams et al.]

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.

Footnotes

  1. [1]

    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.

  2. [2]

    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.

  3. [3]

    “Rites Held for Wilford C. Wood,” Davis County Clipper, 26 Jan. 1968, [12]. This title page is not included in the other typescripts.

    Davis County Clipper. Bountiful, UT. 1892–.

  4. [4]

    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.

Historical Introduction

Page 15

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Court met at half past one P. M. pursuant to adjournment.
followed Mr. Neiman for the defendants.
rose and said—
Gentlemen of the Jury—
The case you have had under consideration has been such a one as like cases must always be— a tedious one— you have been almost close confined for many days— I shall not detain you longer than necessity demands.
The case on the behalf of the defts. has already been presented with ability and [blank] by Mr. [blank] and Mr [blank]. In the discussion of this case I shall not travel over the ground [blank] so ably by my associate counsel any more than necessary to in order to make the argument I propose to submit.
To me the situation of a juror is one of peculiar responsibility— in all cases— and much more so in this case.
The entire peoples are on the one side and these defts on the other— the matter at stake not property nor liberty— but life.
It makes no difference what the convictions of lawyers are, but in this case I [blank] the most perfect conviction that there is an entire want of evidence on which the jury [blank] find a verdict against the defendants. When I come to speak of the evidence in this case I shall confine myself to what wishes us to be confined. And in so doing I have entire confidence that I shall be able to satisfy the community and more than that your minds of the want of sufficient evidence against the defts. to convict them.
But before going to the argument I propose speaking a few words about the [p. 15]
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Related Case Documents

State of Illinois v. Williams et al., Hancock Co., IL, Circuit Court, 30 May 1845

Editorial Title
Closing Argument of Orville Browning, 29 May 1845 [State of Illinois v. Williams et al.]
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20270
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