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Letter to James W. Woods and Hugh T. Reid, 26 June 1844

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Letter to James W. Woods and Hugh T. Reid, 26 June 1844

Source Note

JS, Letter, , Hancock Co., IL, to and , [, Hancock Co., IL], 26 June 1844; handwriting of ; signature of JS in handwriting of ; one page; JS Collection, CHL. Includes docket.
Single leaf measuring 4¾ × 7¾ inches (12 × 20 cm). The letter’s top and left edges have the square cut of manufactured paper, whereas its right and bottom edges are rough, which suggests the leaf was torn or hand cut from a book or larger sheet. It was folded once horizontally—possibly for its initial transmission and certainly for later storage.
The document was docketed by , who served as JS’s scribe from December 1841 until JS’s death in June 1844 and served as church historian from December 1842 until his own death in March 1854. The letter may have been listed in an inventory that was produced by the Church Historian’s Office (later Church Historical Department) circa 1904. By 1973 the document had been included in the JS Collection at the Church Historical Department (now CHL). The document’s early docket, its possible listing in the circa 1904 inventory, and its later inclusion in the JS Collection suggest continuous institutional custody.

Footnotes

  1. JS, Journal, 13 Dec. 1841 and 21 Dec. 1842; Orson Spencer, “Death of Our Beloved Brother Willard Richards,” Deseret News (Salt Lake City), 16 Mar. 1854, [2].

    Deseret News. Salt Lake City. 1850–.

  2. “Letters to and from the Prophet,” ca. 1904, [4], Historian’s Office, Catalogs and Inventories, 1846–1904, CHL. The inventory lists an undated document identified as “Messrs Wood and Rice from” under the year 1844. The surname “Rice” is likely an incorrect transcription of “Reid.”

    Historian’s Office. Catalogs and Inventories, 1846–1904. CHL. CR 100 130.

  3. See the full bibliographic entry for JS Collection, 1827–1844, in the CHL catalog.

Historical Introduction

On 26 June 1844 around 3:00 p.m., JS composed a letter from the jail, in , Illinois, requesting an immediate visit from his and ’s attorneys, and , who were also in Carthage. On 25 June at 8:00 a.m., Hancock County constable had arrested JS and Hyrum Smith on the charge of . Later that evening, Bettisworth presented JS and Hyrum Smith with a mittimus from Hancock County justice of the peace . Afterward, they were escorted to the county jail to await a preliminary examination before Justice Smith. Several associates voluntarily accompanied them.
The next day, JS and his counsel considered options they hoped would lead to transferring the case to a new judge or holding the examination outside of . Around 8:00, JS sent a message to and indicating that he “wantd a cha[n]ge of venue” for the examination. recorded in his journal that within the hour, “Mr [Hugh] Reid— and othe[r]s arrivd at Jail and investigatd— and agre[e]d to change of venue before Justice Greenleaf.” To support a request for a change in venue, JS and or their representation would have been required to write an affidavit indicating that would be a biased judge. There is no evidence that such an affidavit was filed.
Later that morning, JS met with governor at the jailhouse. At the conclusion of their meeting, Ford, who was planning to travel to , said that “the prisoners were under his protection— & probably th[e]y would go to Nauvoo.” Anticipating that he and would travel with Ford to Nauvoo on 27 June, JS sought legal assistance from Judge , an Illinois circuit judge whose jurisdiction included and who had provided JS with legal advice earlier in the month. In a letter written at noon, JS asked Thomas to also go to Nauvoo so that he could preside over a hearing for the Smiths.
As JS was working to avoid appearing before Justice , members of the prosecution sought to ensure that the examination would occur in . Sometime that morning, “one or more of the counsel for the prosecution” approached and and indicated that the Smiths should be taken from jail and examined by Justice Smith. In response, Reid formulated a legal argument to keep JS and from appearing before Justice Smith. law required judges in criminal cases to “inquire into the truth or probability of the charge” before committing someone to jail. Because Smith had already committed JS and Hyrum Smith to jail and justices of the peace lacked clear authority in the statutes to recall prisoners after they had been jailed, Reid concluded that Smith and “had no further control of the prisoners.” Reid told the prosecution that if they “wished the prisoners brought out of jail, they should bring them out on a writ of Habeas Corpus or some other due course of law.” That afternoon, at 12:30, Reid returned to the jail and informed the prisoners of his rationale, confidently declaring that “he had got the magistrate on a pin hook.” Believing that they could leverage Smith with this technicality, Reid and the Smiths evidently discussed the possibility of appearing before Smith in . However, there is no record that JS’s attorneys discussed this option with Justice Smith.
Despite the legal strategies JS and his counsel considered to keep JS and from appearing before in , they were ultimately required to do so. At 2:30 p.m., appeared at the jail with an order from Justice Smith directing Bettisworth to bring the prisoners to him for an examination. According to ’s report, the jailer, , refused to comply with the order because he was unaware of any legal precedent that required him to do so. In Stigall’s account of these events, he indicated that he spoke with after Bettisworth’s visit and learned that he did have authority to release the Smiths from jail for the examination.
Half an hour later, JS composed a letter to and with acting as scribe. The letter, featured here, informed Woods and Reid of ’s attempt to transport the prisoners to and requested their immediate presence at the jail. delivered the letter to Woods and Reid after 3:00 p.m.
That afternoon, by 3:40 according to ’s account, returned to the jail and, with the assistance of a guard, forcibly removed JS and and escorted them to the courthouse. In ’s and ’s accounts of these events, they claimed that members of the Greys, the local militia, assisted Bettisworth by compelling “by intimidation and threats” to release the Smiths. Stigall, in his account, refuted the claim that the Carthage Greys had threatened him.
One or both of the attorneys presumably received this letter that afternoon sometime before 4:00, when they appeared with their clients before . and requested time from the court to subpoena witnesses for the defense. thereafter rescheduled the examination for 27 June at noon. The document featured here is apparently the only extant contemporaneous version of the letter to Woods and Reid. Because it lacks any major emendations and is nowhere identified as a copy, it could be the sent version, in which case Woods and Reid apparently received and read the letter but then returned it. ’s journal entry for 26 June indicates that the letter to the attorneys was filed but does not specify whether this retained document was a copy or the original document.

Footnotes

  1. Willard Richards, Journal Excerpt, 23–27 June 1844; Warrant, 24 June 1844.

  2. Willard Richards, Journal Excerpt, 23–27 June 1844; Hugh T. Reid, “Statement of Facts!,” Nauvoo Neighbor, Extra, 30 June 1844, [1]; Hugh T. Reid, “Statement of Facts!,” Times and Seasons, 1 July 1844, 5:562; James W. Woods, Statement, Nauvoo Neighbor, Extra, 30 June 1844, [1]; James W. Woods, Statement, Times and Seasons, 1 July 1844, 5:563; see also Historical Introduction to Warrant, 24 June 1844.

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

    Nauvoo Neighbor. Nauvoo, IL. 1843–1845.

  3. Willard Richards, Journal Excerpt, 23–27 June 1844. If JS conveyed his message through written text, the message is no longer extant. According to the compilers of JS’s history, JS wanted his venue changed to Quincy, Adams County, Illinois. (JS History, vol. F-1, 162.)

  4. Willard Richards, Journal Excerpt, 23–27 June 1844. “Justice Greenleaf” was probably David Greenleaf, an “old settler Democrat” who was serving as Hancock County probate judge. Thomas Gregg identified him as an early settler of St. Mary’s Township, Hancock County. JS’s history identifies him as “Justice Greenleaf, of Augusta, Hancock Co.” Around this time, JS and others began to make a list of witnesses for the examination. (Gregg, History of Hancock County, Illinois, 299, 449, 578; JS History, vol. F-1, 162; Willard Richards, Journal Excerpt, 23–27 June 1844; see also Willard Richards, List of Witnesses in Carthage and Nauvoo, 26 June 1844, JS Office Papers, CHL.)

    Gregg, Thomas. History of Hancock County, Illinois, Together with an Outline History of the State, and a Digest of State Laws. Chicago: Charles C. Chapman, 1880.

  5. Illinois law provided that “previous to the commencement of any trial before a justice of the peace, the defendant, or his or her agent, may make oath that it is the belief of such deponent that the defendant cannot have an impartial trial before such justice; whereupon, it shall be the duty of the justice immediately to transmit all the papers and documents belonging to the suit, to the nearest justice of the peace, who shall proceed as if the said suit had been instituted before him.” (An Act concerning Justices of the Peace and Constables [3 Feb. 1827], Public and General Statute Laws of the State of Illinois [1839], p. 408, sec. 25.)

    The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

  6. Willard Richards, Journal Excerpt, 23–27 June 1844; see also Letter to Emma Smith, 25 June 1844.

  7. Clayton, Journal, 26 June 1844; Letter to Jesse B. Thomas, 26 June 1844–A; see also Letter to Jesse B. Thomas, 26 June 1844–B.

    Clayton, William. Journals, 1842–1845. CHL.

  8. Hugh T. Reid, “Statement of Facts!,” Nauvoo Neighbor, Extra, 30 June 1844, [1]; Hugh T. Reid, “Statement of Facts!,” Times and Seasons, 1 July 1844, 5:562; James W. Woods, Statement, Nauvoo Neighbor, Extra, 30 June 1844, [1]; James W. Woods, Statement, Times and Seasons, 1 July 1844, 5:563; Willard Richards, Journal Excerpt, 23–27 June 1844; An Act to Regulate the Apprehension of Offenders, and for Other Purposes [6 Jan. 1827], Public and General Statute Laws of the State of Illinois (1839), p. 238, sec. 3; see also John Taylor, Statement, 23 Aug. 1856, 42–43, Historian’s Office, JS History, Draft Notes, CHL.)

    Nauvoo Neighbor. Nauvoo, IL. 1843–1845.

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

    The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

  9. Willard Richards, Journal Excerpt, 23–27 June 1844; see also John Taylor, Statement, 23 Aug. 1856, 42–43, Historian’s Office, JS History, Draft Notes, CHL. The compilers of JS’s history indicated that Reid “would not agree to a trial unless (Captain) Justice Smith would consent to go to Nauvoo for examination, where witnesses could be had.” (JS History, vol. F-1, 169.)

  10. Willard Richards, Journal Excerpt, 23–27 June 1844; Hugh T. Reid, “Statement of Facts!,” Nauvoo Neighbor, Extra, 30 June 1844, [1]; Hugh T. Reid, “Statement of Facts!,” Times and Seasons, 1 July 1844, 5:562; see also James W. Woods, Statement, Nauvoo Neighbor, Extra, 30 June 1844, [1]; James W. Woods, Statement, Times and Seasons, 1 July 1844, 5:563. An alternate account of these events later appeared in the Warsaw Signal: Bettisworth reported that at around 10:00 a.m., Justice Smith ordered him to apprehend the prisoners, after which he “immediately proceeded to the jail.” Bettisworth also reported that JS vocally refused to leave the jail, stipulating he would leave only “on a writ of habeas corpus.” Stigall, in his account, neither affirmed nor denied the report stating that he refused to comply with Justice Smith’s order. Instead, he emphasized that it was the prisoners who refused to leave. (Franklin A. Worrell, “For the Warsaw Signal,” Warsaw [IL] Signal, 24 July 1844, [1], italics in original.)

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

    Nauvoo Neighbor. Nauvoo, IL. 1843–1845.

    Warsaw Signal. Warsaw, IL. 1841–1853.

  11. Apparently, before this letter was written, Lorenzo D. Wasson was dispatched to alert Ford, Reid, and Woods of the effort to convey JS and Hyrum Smith from jail. (Willard Richards, Journal Excerpt, 23–27 June 1844.)

  12. Willard Richards, Journal Excerpt, 23–27 June 1844; Hugh T. Reid, “Statement of Facts!,” Nauvoo Neighbor, Extra, 30 June 1844, [1]; Hugh T. Reid, “Statement of Facts!,” Times and Seasons, 1 July 1844, 5:562; James W. Woods, Statement, Nauvoo Neighbor, Extra, 30 June 1844, [1]; James W. Woods, Statement, Times and Seasons, 1 July 1844, 5:563; Franklin A. Worrell, “For the Warsaw Signal,” Warsaw (IL) Signal, 24 July 1844, [1].

    Nauvoo Neighbor. Nauvoo, IL. 1843–1845.

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

    Warsaw Signal. Warsaw, IL. 1841–1853.

  13. Willard Richards, Journal Excerpt, 23–27 June 1844.

Asterisk (*) denotes a "featured" version, which includes an introduction and annotation.
*Letter to James W. Woods and Hugh T. Reid, 26 June 1844
History, 1838–1856, volume F-1 [1 May 1844–8 August 1844] “History of Joseph Smith”

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Jail Jun 26. 3. PM
Mr &
Sir called a little while sinc[e] & wanted to come in. the gu[a]rd would not, we have since learnd that he wantd to take us before the , and we have since lear[ne]d there is some excitimt [excitement] because we did not go— & we wish to see you witho[u]t delay.
We have are informed that has said that they can do nothing with us only by powder & ball as we have done nothing agist [against] the Law—
Yrs
Joseph Smth
pr [p. [1]]
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Document Information

Related Case Documents
Editorial Title
Letter to James W. Woods and Hugh T. Reid, 26 June 1844
ID #
3270
Total Pages
2
Print Volume Location
Handwriting on This Page
  • Willard Richards

Footnotes

  1. Willard Richards’s journal indicates that the letter was written to “Reed & reed”—presumably a quickly written mistake—at 3:03 p.m. (Willard Richards, Journal Excerpt, 23–27 June 1844.)

  2. An editorial published shortly after JS’s and Hyrum Smith’s deaths reported that several unnamed men had made this threat after JS’s 26 June hearing. (“Awful Assassination of Joseph and Hyrum Smith!,” Times and Seasons, 1 July 1844, 5:560; see also Events of June 1844; and “Unparalleled Outrage at Nauvoo,” Warsaw [IL] Signal, 12 June 1844, [2].)

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

    Warsaw Signal. Warsaw, IL. 1841–1853.

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