History, 1838–1856, volume F-1 [1 May 1844–8 August 1844]

  • Source Note
  • Historical Introduction
Page 168
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<​June 26​> I am in prison.— Myself and Brother were arrested yesterday on charge of treason; without bringing us before the magistrate, last evening we were com[HC 6:590]mitted on a mittimus from Justice Robert F. Smith, stating that we had been before the Magistrate, which is utterly false; but from the appearance of the case at present, we can have no reasonable prospect of any thing but partial decisions of law, and all the prospect we have of justice being done, is to get our case on Habeas Corpus before an impartial judge,— the excitement and prejudice is such in this place, testimony is of little avail.
“Therefore, Sir, I earnestly request your honor to repair to without delay, and make yourself at home at my until the papers can be in readiness for you to bring us on Habeas Corpus. Our Witnesses are all at , and there you can easily investigate the whole matter; and I will be responsible to you for all the trouble and expense” [HC 6:591]
made copies of the orders of Joseph Smith as Major Mayor to Marshal , and as Lieutenant General to Major General .
Joseph remarked, “I have had a good deal of anxiety about my safety since I left , which I never had before when I was under arrest. I could not help those feelings and they have depressed me.”
Most of the forenoon was spent by and Col. in hewing with a penknife, a warped door to get it on the latch; thus preparing to fortify the place against any attack. The prophet, and their friends took turns preaching to the guards, several of whom were relieved before their time was out, because they admitted they were convinced of the innocence of the prisoners. They frequently admitted they had been imposed upon, and more than once it was heard “Let us go home boys, for I will not fight any longer against these men” -[]-
During the day encouraged Joseph to think that the Lord, for his Church’s sake, would redeem <​release​> him from prison. Joseph replied, “could my brother but be liberated it would not matter so much about me; poor , I am glad he is gone to out of the way; were he to preside he [HC 6:592] would lead the Church to destruction in less than five years.” was busily engaged writing as dictated by the Prophet, and amused him by singing. Joseph related his dream about and ; also his dream about trying to save a steamboat in a storm.
One of the Counsel for the prosecution expressed a wish to , that the prisoners should be brought out of jail for examination on the charge of treason; he was answered that the prisoners had already been committed “until discharged by due course of law”; and therefore the justice and had no further control of the prisoners, and that if the prosecutors wished the prisoners brought out of jail, they might bring them out on a writ of Habeas Corpus., or some other “due course of law”; when we would appear and defend. -[T. & S.]-
12½. Noon. arrived at the Jail.
came with the following letter from :
“Messrs Smiths.
I was requested by the to order you such protection as circumstances might require. The guard have been acting upon the [p. 168]
June 26 I am in prison.— Myself and Brother were arrested yesterday on charge of treason; without bringing us before the magistrate, last evening we were com[HC 6:590]mitted on a mittimus from Justice Robert F. Smith, stating that we had been before the Magistrate, which is utterly false; but from the appearance of the case at present, we can have no reasonable prospect of any thing but partial decisions of law, and all the prospect we have of justice being done, is to get our case on Habeas Corpus before an impartial judge,— the excitement and prejudice is such in this place, testimony is of little avail.
“Therefore, Sir, I earnestly request your honor to repair to without delay, and make yourself at home at my until the papers can be in readiness for you to bring us on Habeas Corpus. Our Witnesses are all at , and there you can easily investigate the whole matter; and I will be responsible to you for all the trouble and expense” [HC 6:591]
made copies of the orders of Joseph Smith as Mayor to Marshal , and as Lieutenant General to Major General .
Joseph remarked, “I have had a good deal of anxiety about my safety since I left , which I never had before when I was under arrest. I could not help those feelings and they have depressed me.”
Most of the forenoon was spent by and Col. in hewing with a penknife, a warped door to get it on the latch; thus preparing to fortify the place against any attack. The prophet, and their friends took turns preaching to the guards, several of whom were relieved before their time was out, because they admitted they were convinced of the innocence of the prisoners. They frequently admitted they had been imposed upon, and more than once it was heard “Let us go home boys, for I will not fight any longer against these men” -[]-
During the day encouraged Joseph to think that the Lord, for his Church’s sake, would release him from prison. Joseph replied, “could my brother but be liberated it would not matter so much about me; poor , I am glad he is gone to out of the way; were he to preside he [HC 6:592] would lead the Church to destruction in less than five years.” was busily engaged writing as dictated by the Prophet, and amused him by singing. Joseph related his dream about and ; also his dream about trying to save a steamboat in a storm.
One of the Counsel for the prosecution expressed a wish to , that the prisoners should be brought out of jail for examination on the charge of treason; he was answered that the prisoners had already been committed “until discharged by due course of law”; and therefore the justice and had no further control of the prisoners, and that if the prosecutors wished the prisoners brought out of jail, they might bring them out on a writ of Habeas Corpus., or some other “due course of law”; when we would appear and defend. -[T. & S.]-
12½. Noon. arrived at the Jail.
came with the following letter from :
“Messrs Smith.
I was requested by the to order you such protection as circumstances might require. The guard have been acting upon the [p. 168]
Page 168