Letter to Justin Butterfield, 16 January 1843

  • Source Note
Page [2]
image
Ill. Jan. 10— 1842 [1843]
Mr and ;
Dear Friends;
It is a long time since I have written you, and I should now much desire to see you, but I leave to night for to meet the messenger charged with the arrest of Joseph Smith, , , and others; for murder, burglary, treason &c. &c. who will be demanded in a few days on new indictments, found by the grand jury of a called court, on the original evidence, and in relation to which a nolle prosequi was entered by the District Attorney. New proceedings have been gotten up on the old charges— and no habeas Corpus can then save them. We shall try Smith on the case when we get him into . The war goes bravely on, and altho’ Smith thinks he is now safe— the enemy is near, even at the door. He has awoke the wrong passenger. The will relinquish Joe up at once on the new requistion there is but one opinion in the case, and that is nothing can save Joe on a new requistion and demand predicated on the old charges, in the institution of new writs. He must go to , but he shall not be harmed if he is not guilty, but he is a murderer and must suffer the penalty of the law. Enough on this subject. [p. [2]]
Ill. Jan. 10— 1842 [1843]
Mr and ;
Dear Friends;
It is a long time since I have written you, and I should now much desire to see you, but I leave to night for to meet the messenger charged with the arrest of Joseph Smith, , , and others; for murder, burglary, treason &c. &c. who will be demanded in a few days on new indictments, found by the grand jury of a called court, on the original evidence, and in relation to which a nolle prosequi was entered by the District Attorney. New proceedings have been gotten up on the old charges— and no habeas Corpus can then save them. We shall try Smith on the case when we get him into . The war goes bravely on, and altho’ Smith thinks he is now safe— the enemy is near, even at the door. He has awoke the wrong passenger. The will relinquish Joe up at once on the new requistion there is but one opinion in the case, and that is nothing can save Joe on a new requistion and demand predicated on the old charges, in the institution of new writs. He must go to , but he shall not be harmed if he is not guilty, but he is a murderer and must suffer the penalty of the law. Enough on this subject. [p. [2]]
Page [2]