Historian’s Office, Martyrdom Account, Draft

  • Source Note
  • Historical Introduction

Document Transcript

<​Enquire of about the troops​>
<​write out the history​>
<​Joseph Interview with ​>
An account of the arrest, imprisonment, and martyrdom of Joseph Smith, and the , in Jail, <​Hancock County, Illinois​> as collected from the journals kept at the time by Dr. , and the statements published by , Messrs. & , and , and the writings and statements of , , , and many other persons who were personally acquainted with the transactions.
By .
Monday June 24th 1844. <​having​> swore <​sworn​> out a writ before Robert F. Smith <​​> [blank] <​a Justice of the Peace​> at on the 11th. inst against Joseph Smith, , , , , , <​,​> , , <​,​> , , , , <​, ,​> and , for riot and destroying the Nauvoo Expositor Press <​the property of & and others <​on the 10th inst​>​>. <​and​> having sent word <​by the Posse​> that those 18 persons should be protected by the militia of the ; and upon the assurance of that pledge at 6½ A. M. they started for ; , , , Alfred Randall, James Davis, , and several other brethren, and , Counsel, accompanied them. <​-[]-​> <​When they arrived at the top of the hill, Joseph sent with a horse for Dr. Southwick, a Southern gentleman who had been staying some days at the ; but took <​possession of​> the horse from him so that he <​Dr. S.​> could not then go.​> <​Joseph paused when they got to the , and looked with admiration first on that and then on the and remarked “this is the loveliest place and the best people under the heavens, little do they know the trials that await them,”​> As Joseph passed out of the , he called on [p. 1] Esq., who was unwell: on parting he said , I wish you to cherish my memory and not think me the worst man in the world either: <​-[.]-​> <​When ne​>
10 min. to 10. A. M. <​when they <​they​>​> arrived at Albert G. Fellows’ farm, 4 miles from <​west of​> , <​(No 2. .)​> <​where they​> met with a company of about 60 mounted militia <​on seeing which Joseph said “do not be scared brethren, for they cannot do more to you than the mob did to the ancient saints— they can only kill the body”. <​The Company made a halt when​> Joseph, , and several others went in to Fellows house with​> who <​, who​> presented an order from for all the “State Arms in possession of the The company made a halt <​Joseph immediately countersigned the order.​> rode <​went​> up to Joseph on his left side, and said “Bro Joseph, shall I return to and regulate about getting the arms, and get the receipts for them. <​-[,]-​> Joseph enquired if he was under arrest, or expected to be arrested. He answered “No”; when Joseph directed him to return ahead of the company and make as good a disposition of the arms as he could, and do as well as he could in all things. Joseph then said to the company, “I am going like a lamb to the slaughter, but I am calm as a summer’s morning. I have a conscience void of offence toward God, and toward all men; if they take my life I shall die an innocent man, and my blood shall cry from the ground for vengeance, and it shall yet be said of me ‘he was mur [p. 2]dered in cold blood,’” and <​then​> said to “go, and God bless you. <​who​> then rode as swiftly as he could to . This was evidently designed to drive the citizens of to desperation that they might commit some overt act <​-[]-​> which the could translate <​construe​> into treason; that he might have a shadow of excuse for his mob militia to destroy the Mormons, And, at ’s request, the company returned to to assist in collecting the arms. ( pledging his word as a military man, that Joseph Smith and his friends should be protected, at the expense of his own life; and his men responded to that pledge by three cheers <​ no doubt fearing that the order of the would excite the inhabitants of beyond endurance, and choosing rather to depend upon the well known integrity of Gen. Smith than to risk the chances of exciting a much abused people. <​-[T & S & Fullmer]-​>​> At the same time <​Joseph​> sending <​sent​> a messenger to the with the following letter: “Four miles, -[copy]- “Smith.” <​-[insert 3a]-​> <​* below​> The <​Joseph and his​> company <​with J​> then returned with , and arrived in at 2 ½ P.M. left the Company there, and proceeded <​continued his journey​> to ; Joseph immediately issued the following order: “Head Quarters” -[Copy]- “Legion” <​&​> to have the State Arms collected and taken to the without delay. <​*​> Many of the brethren looked upon this as another [p. 3]
Monday June 24 At the time came up with his company said to “<​you​> go on into and see what is going on, and hear what is said on this matter” When arrived at he saw the Rev M Dodge <​who had previously been very kindly treated by ;​> who he said “as sure as Joseph & come to they will kill them <​be killed​>.” the Innkeeper said “, there (pointing to the Carthage Greys) are the boys that will settle you Mormons.” replied “We can take as many men <​as there are there​> out of the and they will not be missed.”
evening they met at “edge” woods near (over +) [p. 3a]
(+ over) asked them what did see, hear told him what his[[his]] feelings were [[and]]<​​> sd to you [[]] <​wer[e]​> clear <​<​if I were you​> <​It was my duty to counsel you I wd. say​>​> I wd do not go another foot for they <​say they​> will[[will]] kill you if you go to[[to]] ” but as other persons gathered around nothing further was said
preparation for a Massacre: nevertheless, as Joseph requested, they very unwillingly gave up the arms. Commissary General crammed his commission from the into one of his pistol barrels, as did several other of the commissioned officers. <​get from ​>
About 6. P.M. when <​all​> the <​State​> arms were collected, and the Company were ready to Start, and another gentleman <​Quar. Master Genl. Buckmaster​> made a short speech, expressing their gratitude at the peaceable conduct of the citizens of , and said while we <​ the Mormons​> thus conducted<​,​> he would protect us<​them​>.
<​ It appears feared that the although disbanded might avenge any outrage that might hereafter be committed on the persons of their leaders, and so thought he had better disarm them as he had previously disbanded them, although <​yet​> the mob was suffered to retain their <​portion of State​> arms even when within a half day’s march of , and then in a threatening and hostile attitude, while the Nauvoo Legion had not evinced the least disposition whatever except to defend their in case it shd. be invaded, and they had not set a foot outside the limits of this corporation.​>
Joseph rode down home <​twice​> to bid his family farewell. He appeared solemn and thoughtful, and expressed himself to several individuals that he expected to be murdered. There appeared no alternative, but that he must either give himself up, or the inhabitants of the would be massacred by a lawless mob under the sanction of the . <​He urged upon to go with him which she refused; he repeatedly and vehemently urged it upon her but she pointedly refused alledging that she would have the ague. He even wished her to run the risk of the ague but she persisted in her refusal. He then said “well if they don’t hang me I don’t care how they kick me Sister Leonora [Cannon] Taylor heard that conversation​> When opposite to the , while on horseback, he said “Boys if I don’t come back, take care of yourselves, I am going like a lamb to the slaughter.” <​-[]-​> The company <​(about 15,)​> again started; when they [p. 4] passed his farm he took a good look at it, and after they had passed it, he turned round several times to look again; some of the company made remarks on the subject, when Joseph said “If some of you had got such a farm, and knew you would not see it any more, you would want to take a good look at it, the last time you would see it” Joseph received the following letter “Carthage” -[copy]- “Woods.” At <​They arrived at​> Fellows’ house, 4 miles West of <​about 9 P M, where they stopped about half an hour and partook of such refreshment as <​they​> had brought with them​>, a Company of mounted militia (commanded by ,) returning with the State Arms from , joined them, and escorted them <​into ​> in, where they arrived at 5 minutes before 12 at night, and went to Hamilton’s tavern. While passing the public square to Hamilton’s tavern, many of the troops <​especially the Carthage Greys​> made use of the following expressions, which were re-echoed in the ears of the and hundreds of others, “Where is the damned prophet?” “Stand away you McDonough boys and let us shoot the damned Mormons” <​“God damn you old Joe, we’ve got you now"​> “Clear the way and let us have a view of Joe Smith, the prophet of God; he has seen the last of — we’ll use him up now <​and kill all the damned Mormons”​>.”
<​The rear platoon of the Carthage Greys repeatedly threw their guns over their heads in a curve so that the bayonets struck the ground with the breech of their guns upwards, when they would run back and pick them up, at the same time whooping, yelling, hooting and cursing like a pack of savages.​> While the <​On hearing​> [p. 5] above <​those​> expressions were shouted, the put his head out of the window and very meekly said “Gentlemen I know your great anxiety to see MrSmith, which is natural enough, but it is quite too late to night for you to have that opportunity, but I assure you, Gentlemen, that you shall have that privilege tomorrow morning, as I will cause him to pass before the troops upon the square, and I now wish you, with this assurance, quietly and peaceably to return to your quarters.” When this declaration was made, there was a faint “Hurrah for ”. <​& they instantly obeyed the ’s wish.​>
There was a company of apostates <​also quartered at​> at Hamilton’s Hotel, viz: and , <​the Higbees and Fosters​> <​, &​> (formerly President of the Elders Quorum) <​and others. ​> who stated to , that it was determined to shed the blood of Joseph Smith whether he was cleared by the law or not, by not only himsself, and the mob generally, but by <​but by and​> the Laws, Higbees, Fosters, <​Jackson​> and <​many​> others. <​whether he was cleared by the law or not.​> <​He talked freely and unreservedly on that subject, as thought he had was discoursing upon the most common occurence of his life; said he “you will find me a true prophet in this respect.”​> told what said; but he treated it with perfect indifference, <​and <​suffered​> and his associates were suffered to run at large to mature their murderous plans.​>
A writ was <​also​> issued by R[obert] F. Smith against , on complaint of , charging him [p. 6] with the illegal detention of
<​(T&S)​> Next morning the prisoners voluntarily surrendered themselves to the constable , who held the writ against them on a charge of riot for destroying the press, type, and fixtures of the Nauvoo Expositor, the property of and , and others, charged to have been destroyed on the 10th inst. The was at Head Quarters in person, and had pledged his own faith, and the faith of the State of , that the Smiths, and <​the​> other persons <​prisoners​> concerned with them should be protected from pers[onal] violence, and should have a fair and impartial trial, if they would surrender themselves to be dealt with according to law. During the <​the ’s​> two succeeding days <​stay in ​>, his Excellency <​he​> repeatedly assured expressed to the legal counselors of the Smiths, his determination to protect the prisoners and to see that they should have a fair and impartial examination.
Tuesday. June 25. At 8. A.M. President Smith had an interview with William G. Flood of , <​U.S. Receiver of Public Moneys​> soon after the surrender of the prisoners on the charge of riot while in conversation with him Constable arrested Joseph for Treason against the [p. 7] State of , with the following writ, which had been granted on the oath of . “State of -[copy]- “R[obert] F. Smith J. P.” was also arrested at the same time for treason, on the following writ, granted on the affidavit of ; “State of” -[copy]- “J.P.”
8½ A. M. called all the troops, and ordered them to form a hollow square, on the public ground near the Court House; and when formed, he mounted an old table and addressed them in a most inflammatory manner, exciting the feelings of indignation against Generals <​Joseph and ​> Smith, that <​which​> were already burning in their breasts, occasioned by the falsehoods and misrepresentations that were in circulation; giving his assent and sanction to the rumors that had gathered them together; and stating that although General Smith <​they​> was <​were​> a dangerous man <​men​> in the community, and guilty of all that he <​they​> might have alleged against him <​them,​> still he <​they​> was <​were​> in the hands of the law, and it <​which​> must have its course. After <​He continued​> speaking some 20 or 30 minutes. he got down.
9¼ A. M. The came and invited Joseph to walk with him <​through the troops​>. Joseph solicited a few moments private conversation [p. 8] with him <​through the troops​>; which the refused. While refusing, the looked down at his shoes, as though he was ashamed. They then walked through the crowd with <​Brigadier​> Gen. and <​to ’s quarters​>. The people <​were appeared​> all quiet <​until​> A company of Carthage Greys flocked round the doors of Gen. , When we <​Joseph​> sent word <​in an uproarious manner, of which notice was sent​> to the . <​In the meantime the ​> who <​had​> ordered the troops to be drawn up in line <​at their request​> for Joseph <​& ​> to pass in front of each line <​them​>, at their request, <​the<​y​> troops having requested​>, that they might see and get <​have​> a clear view of them <​the <​great​> Prophet and ​> <​the Generals Smith.​> <​Joseph​> had a conversation with the , <​for​> about 10 min, when he again pledged the faith of the that they <​he and his friends​> should be protected from illegal violence.
, the postmaster, said on report of Marshal Law, <​being proclaimed in ​> he had stopped the mail and notified the Post Master General of the State of things <​in .​>
From the ’s quarters <​Joseph & ​> went in front of the lines, under <​in​> a hollow square of a Company of Carthage Greys, at at 7 min. before 10. <​they​> arrived in front of the lines, and passed before the whole line, Joseph being on the right of , and [p. 9] on his left: <​Elders​> , and <​ and ​> following. Joseph and were introduced, by , about 20 times along the line, as Gen. Joseph Smith, and Gen. ; the walking in front on the left: returned to lodgings at 5 min. past 10. The Carthage Greys refused to receive them by that introduction, and some of the officers threw up their hats, drew their swords, and said they would introduce themselves to the damned Mormons in a different style. The mildly intreated them not to act so rudely, but their <​excitement​> increased, and the whole Company was ordered under arrest. The , however, succeeded in pacifying them, by making a speech, and promising them that they should have “full satisfaction.”
<​Gen. Smith and party​> Returned to <​their​> lodgings at 5 min. past 10.
10.30. News reached Joseph at the , that the Carthage Greys had revolted, and were put under guard by . Joseph told all the brethren <​his friends​> to stay in doors in the two rooms. <​occupied by them in Hamilton’s <​the​> Hotel.​>
10.50. Quietness was <​apparently​> restored among the Carthage Greys.
11.15. News arrived that the troops were near [p. 10] , and had come of their own accord.
, U. S. Marshal <​for ​> called to see Joseph.
12 min, before 1. Intelligence was given to Joseph, that the Laws, Higbees <​Fosters​> &c <​& others​> were going to to plunder. The called at their door, with some Gentlemen, when Joseph informed him of what he had heard.
Bro arrived.
<​&​> Requested the to send a guard to protect the City <​of ​>, which request was complied with, by <​his​> ordering Capt Singleton with a company of men from to march <​there​> to . <​T & S​>
wrote a letter to . <​his wife​>
1½ P. M. dined. <​After dinner​> of called to see Joseph.
2½. The communicated that he would send a <​had ordered Capt. Singleton​> <​with a​> Company <​of men from to march to​> to to cooperate with the police in keeping the peace; and he would call out the , if necessary
Joseph wrote to as follows. “ (see letter) “Smith.”
<​He also sent a message to not to come to <​but to stay in ​> and not to suffer himself to be delivered into the hands of his enemies, or to be taken a prisoner by anyone.​>
Robert Ayres called to see the Generals Smith. [p. 11]
<​It was​> Report<​d​> 2nd from <​by​> that he had heard resolutions of the troops, read, to <​the effect that they would​> return to at 3 P. M., <​then go​> to <​on​> Thursday, <​and​> then<​ce​> to .
<​-[Insert 12a]-​> <​No 23​>
12 min to 4 Gens <​Report came to the jail that​> and , , , and <​had​> said that there was nothing against these men; the law could not reach them, but powder and ball would, and they should not go out of alive
Joseph, , and some 12 14 <​13​> others, appeared before Robert F. Smith, a justice of the peace residing in <​(who was also Captain of the Carthage Greys)​> on the charge of riot in destroying the printing press of the Nauvoo Expositor. mentioned some affadavits which are <​were​> not there and moved an adjournment
read law.
, and , on behalf of Joseph and <​the Defendants​>, objected to an adjournment and said <​that​> Court was not authorized to take recognizance without their acknowledging their guilt, or having witnesses to prove it, [p. [12]]
<​June 24 midnight No.21 ​> while passing the public square to Hamilton’s tavern, the same <​many​> of the troops made use of the following expressions; which was re echoed in the ears of the , & hundreds of others, “Where is the damd prophet?” Stand away you McDonough troops boys & let us shoot the damd Mormons— clear the way & let us have a view of Joe Smith the prophet of God— he’s seen the last of — we’ll use him up now” while the above expressions were shouted, the put his head out of the window and very meekly said “Gentlemen I know your great anxiety to see Mr. Smith, which is natural enough, but it is quite too late to night for you to have that opportunity, but I assure you Gentlemen that you shall have that privilege tomorow morning as I will cause him to pass before the troops upon the Square and I now wish you, with this assurance quietly & peaceably to return to your quarters” when this declaration was made there was a faint “hurra for ”—
There was a Co of Apostates also quartered at Hamiltons Hotel viz & (formerly Prest. of the Elders quorum) who stated to “that it was determined to shed the blood of Joseph Smith whether he was cleard by the law or not” by not only himself & the mob generally, but by the Laws, Higbees, Fosters & others”, told what had said, but he treated it with perfect indifference.
No 22 The Carthage Greys refused to receive them by that introduction, but some of the officers threw up their Hats, drew their swords, & said they would introduce themselves to the damned Mormons in a different style— the mildly entreated them <​not​> to act so rudely, but it increased & the whole Company was ordered under arrest. <​the however succeeded in pacifying them, by making a speech, & promising them that they should have “full satisfaction”.​>
<​12a​> No. 23 Several of the officers <​of the troops in ​> and curious other gentn. curious to see the prophet visited his room, to gratify a propensity to see the Elephant. Joseph asked them if there was anything in his appearance that indicated he was the desperate character his enemies represented him to be, and he asked them to give him their honest opinion on the subject, the reply was “No <​Sir,​> General Smith your appearance would indicate the very contrary”, but we cannot see what is in your heart, neither can we tell what are your intentions” to which Joseph replied “very true gentn. you can not see what is in my heart and you are therefore unable to judge me or my intentions, but I can see what is in your hearts and will tell you what I see. I can see you thirst for blood & nothing but my blood will satisfy you, it is not for crime <​of any description​> that I and my brethren are thus continually persecuted & harassed by our enemies, but there are other motives & some of them I have expressed so far as relates to myself & inasmuch as you & the people thirst for blood, I prophecy in the name of the Lord that you shall witness scenes of blood & sorrow to your entire satisfaction, your souls shall be perfectly satiated with blood & many of you who are now present shall have an opportunity to front <​face​> the Cannon’s mouth from sources you think not of, & the people that desire this great evil upon me and my brethren, shall be filled with regret & sorrow because of the scenes of desolation & distress that await them, they shall seek for peace & shall not be able to find it. Gentlemen you will find what I have told you to be true”—
<​ June 26 noon​> No. 24 It was common conversation in the Camp ground & in the dining room of the Hotel “The law is too short for these men, but they must not be suffered to go at large” and “if the law will not reach them, powder & balls must”
<​27 8 am​> No 25 at Joseph’s request applied to the & receiv obtained the following passes “Suffer Mr. to pass in to visit Genl. Joseph Smith and friends in Carthage Jail unmolested.
June 27th. 1844 “Gov & Commander in Chief”
“Protect Mr. in passing to & from &
June 27th. 1844
Governor & Commander in Chief”
while receiving these passes he related to the the <​numerous​> threats that he had heard
<​9.50​> No. 26 previous to leaving said to the “Sir you must be aware by this time that the prisoners have no fears in relation to any lawful demands made against them, but you have heard sufficient to justify you in the belief that their enemies would destroy them if they had them in their power, & now Sir I am about to leave for , & I fear for those men, they are safe as regards the law, but they are not safe from the hands of the traitor & the midnight assassins who thirst for their blood & have determined to spill it, and under these circumstances I leave with a heavy heart". He <​​> replied “I was never in such a dilemma in my life, but your friends shall be protected & have a fair trial by the law; In this pledge I am not alone, I have obtained the pledge of the whole of the army to sustain me in this respect”. After receiving these assurances <​he​> prepared to visit the prison, the morning being a little rainy, favored his wearing an overcoat, in the side pocket of which he was enabled to carry a revolver six shooter, he passed the guard unmolested— during his visit in the prison he slipped the Revolver into Josephs pocket unobserved by any other individual Joseph examined it & asked if he had not better retain it for his own protection it was a providential circumstance getting the pistol into the prison as every other person who had previously entered, had been very rigidly searched. Joseph then handed a single barrel pistol (which had been given him by who passed the guard with it concealed in the top of his boots) to his brother and said “you may have use for this” observed “I hate to use such things or to see them used”— “So do I” said Joseph “but we may want to help the guard defend the prison” upon this took the pistol.
was intrusted with a verbal request to the commander of the to avoid all military display or any other movement calculated to produce excitement during the ’s visit.
said Joseph “our lives have already become jeopardized, by revealing the wicked and blood thirsty purposes of our enemies, and for the future we must cease to do so, all we have said about them is truth, but it is not always wise to relate such truth, even Jesus the Son of God had to refrain from doing so and to restrain his feelings many times, for the safety of his own person and those of his followers and had to conceal the righteous purposes of his heart in relation to many things pertaining to his father’s kingdom; when quite a boy, he had all the intelligence
that, and we admit the press was destroyed <​by order of the Mayor, it having been condemned <​by the City Council​> as a nuisance.​>
<​They​> read law to show that justices could not recognize without admission of guilt, <​and​> offered to give bail, or asked why he could not discharge the law read was stated by to <​ stated that the law quoted by the prosecution​> belonged to civil, not criminal cases.
State <​The Prosecution​> insisted to have a commission of the crime acknowledged.
after a good deal of assitance on the part of the prosecution. Court asked if the parties admitted <​that​> there was sufficient cause to bind over; and the council <​for the Defence​> admitted there was. sufficient cause to bind over with <​and offered to enter into​> cognizance in <​the​> common form in order to prevent, if possible, any increase of excitement
5. P.M. Court acknowledged <​the​> admission, and ordered recognizances. <​whereupon———​> Joseph Smith, , , , , , , , , , [p. 13] , , , , <​Orin​> and , gave bonds with , <​​>, , , and other unexceptionable sureties, <​for their appearance at the next term of the Circuit Court <​for ​>​> in the sum of $500 <​for​> each <​of the defendants, Total $7,500​> which was 2½ times the amount of the extreme penalty required by the Statutes of : in such cases of conviction. <​and more than four times the entire cost of the Expositor Press and fixtures.​> It was evident that the Magistrate intended to overreach the pile <​wealth​> of the <​the defendants​> brethren <​and their friends​>, so as to imprison those on trial <​them​> for want of bail; but it happened that there was strength to cover the demand. <​for​> , and others <​some of the brethren​> went <​security​> to the full extent of their worth <​property​>. and Justice [Robert F.] Smith adjourned his Court over, and left <​the Court House​>, without calling on Joseph and to answer to the charge of treason, or even intimating to the <​those​> prisoners, or their Council, that they were expected to enter into an examination this <​that​> night.
<​Capt. Smith, the only Magistrate who could grant subpoenas for witnesses, disappeared until a late hour, as if purposely to prevent the appearing of the defendants’ witnesses, and in keeping with the conviction expressed by them <​Joseph’s enemies​> the previous day “that the law cannot touch him <​them​>, but that powder and ball will”.​>
June 25. About 6½ P. M. heard , while endeavoring to get a <​another​> warrant against Joseph Smith for Treason, declare, that while he was once preaching from Daniel 1 ch. 44 v. Mr Smith said that the kingdom referred to, was already set up; and that he was the King over it. He also heard
<​​> [p. 14]
, and other leaders of the mob declare that they had eighteen accusations against him <​Joseph​>, and that as one failed they would try another to detain him there, and that they had had so much trouble and hazard, and worked so hard in getting him to , that they would not let him get out of it alive: when Jackson pointed <​pointing​> to his pistols, said “The balls are in there, that will decide his case” immediately went up stairs to Joseph and informed him what he had just heard <​Jackson say & he​> gave Joseph a small <​single barrel​> pistol.
About 7½ P. M. Dr. , and most of the brethren <​after they had signed the bonds,​> left for , when Joseph and went into the ’s room, and spoke with him, as the had promised <​them​> an interview. After a <​few​> moments’ conversation, the left them for a moment to order the Captain of the Guard to give the brethren some passes.
<​they then​> went to supper at Hamilton’s Hotel Just before 8. At 8, appeared at Hamilton’s Hotel, the lodgings of Joseph and , and their Counsel, and presented a to commit <​them​> <​ to commit them to jail​> Joseph and to jail, of which the [p. 15] following is a copy “State” (see T. & S. <​marble​> 562) ”L. S”, and insisted that they should <​then​> go to Jail. Joseph demanded a copy of the , which was <​then​> refused <​but afterward given.​>. Mess<​rs​> and , as Counsel, insisted that the prisoners were entitled to be brought before the <​a​> justice <​of the Peace​> for examination, before they could be sent to jail. The to their surprise <​then​> exhibited the <​following​> mittimus <​-[see T & S 562— marble.]-​>
we <​Joseph​> remonstrated <​against such barefaced; illegal, and tyrannical proceedings​>, and <​but​> the <​ still insisted they should go to jail.​> urged. requested the to wait until he could see , and was told by Bettersworth <​​> that he would <​only​> wait 5 minutes. We <​Joseph and again​> remonstrated, and he waited until about 9 o’clock: when we <​they​> heard by that the did not think it within the sphere of his duty to interfere, as they were in the hands of the civil power <​law,​> and therefore he had <​not the power to stay process​> <​(or <​the​> due course of law, and that he cd. not interrupt a civil officer in the discharge of his duty.​>
<​see Note A. page 16a​> Joseph, , and tried to get past the guard; but they all failed, and as he <​​> went to the door, he met with some 20 men to guard the prisoners to jail. He accompanied to <​(Captn.)​> Justice R. F. Smith, who gave as a cause for issuing the warrant of committal, that the prisoners were not personally safe at the hotel. then requested the to have a company <​ of troops from some other county​> detailed to guard the jail [p. [16]]
Note A.
knew this was illegal (for he had formerly been <​an Associate Justice of the Supreme Court of the ​> a <​Circuit​> Judge) and also when he was appealed to by Captain <​Robert F.​> Smith to know what he must do in the illegality of his <​as he had found his mittimus <​as a magistrate​> was illegal and therefore that it was a false committal.​>, replied “You have the Carthage Greys at your command. Captain Smith therefore commanded his “Greys” to execute and carry into effect his <​illegal​> mittimus as a magistrate; thus practically blending the civil and military in the same person, and at the same time; and the prisoners were violently and illegally dragged to jail without any examination, <​whatever​> or any sentence pronounced on them, while was <​in​> occupying, in person, the adjoining room <​to that​> from which they were thus taken. So much for his professions that the law must be executed.
Thus a justice of the peace, acting as a military officer also, by virtue of his commission as such, orders his command to appear under arms, and to incarcerate the prisoners whom he had just before ordered the constable to commit to jail by mittimus ere they had been <​ without having been​> brought before him for examination; and the , having been himself at one time a judge upon the bench, knew and well understood the illegality of the above proceedings; he also well knew that military power and authority were <​had been​> used <​by one & the same person​>; and yet he, acting at that time as Commander in Chief, in a military point of view, which gave him at the supervision over his officers, and in fact, made him responsible for all their acts and movements, refused to interfere <​when requested by the prisoners to interpose his authority on their behalf against an illegal civil process,​> or <​& also refuse​> to countermand the order— this illegal, oppressing and unofficialike order of one of his captains. Moreover, having taken the oath of office, he was by virtue of that oath bound to see the <​civil​> laws faithfully executed, and not, as in [p. 16a] this instance, <​ to see them​> violated and trodden under foot, and that right in his presence, and even <​to​> prompting his officer in such a lawless course; thus <​he​> violating violated his solemn <​pledges and​> oath of office.
<​with his company​> escorted Joseph and , from their lodgings <​together​> with , , , , , <​​> , Dr Southwick, and to <​the​> Jail. had a very large hickory cane, which he called “the rascal beater.” had a smaller walking stick, and they walked on either side of Joseph, <​& , keeping​> parrying off the drunken rabble, who several times broke through the ranks to stab the prisoners.
They were received by the Jailer Mr , and put in the Criminal’s cell; but he afterwards gave them the debtor’s department <​apartment​>; where <​over *​> they <​lay promiscuously on the floor where they​> all slept from 1/2 past 11. till 6 A.M. of the 26th. <​Θ over​> The guard arrived at the jail at the same time. Lawyer <​Counselor ​> <​in his <​published​> statement to the​> declared “The recitals of the so far as they relate to the Prisoners having been brought before the Justice for trial; and it there appearing that the <​the statement of the prosecution that their​> necessary witnesses of the prosecution <​of the prosecution​> were absent, is <​are​> wholly untrue, unless the prisoners could have appeared before the justice without being present, in person, or by counsel; nor is there any law [p. 17] of , which permits a justice to commit persons charged with crimes to jail, without examination as to the probability of their guilt”.
<​* over​> The prisoners <​& their friends​> had amusing conversations on various interesting subjects, which engaged them till late. Prayer by <​◊◊ ​> which made Carthage prison into the gate of heaven for a while. They lay promiscuously on the floor. <​Θ over​> <​&​> The last words spoken in the evening were by the Prophet: For the <​Now see who will have the​> most intelligent dream to night, brethren.”
whipped <​met​> <​in ​> <​during the day &​>; when a letter <​accused him of seeking Joseph’s life; made use of some very insulting language in reply, when a scuffle ensued, during which a letter​> dropped out of ’s hat; which stated that there were 70 of the mob ready in to come upon to night. It was generally believed that the mob intended to make a rush on the jail in the night.
A strong guard placed outside, and in the City
<​describe T. B.​>
About 9 o’clock, it began to rain very heavily.
<​describe T B.​>
<​insert elsewhere​> [p. 18]
June 26. The first words spoken in the morning were by Joseph enquiring who had the dream; one was told <​by ​>, which was listened to by all “Pourtrayed before my mind, was and his troops, on their way across the prairie to . The prisoners had plead <​intreated​> in vain to return with him, although <​he had​> promised by him to <​that they should​> go. With a letter of importance, I saw myself driven from , galloping through the masses of medley soldiers, half Indians and semibarbarians. I hurried across the Prairie— had gone down on a boat from towards ; but while landed at , awoke in the midst of Powder, smoke, death and carnage” Joseph replied “that is ominous of future events. I do not believe that the will ever take me to alive.”
7. A.M. Joseph and <​& the rest of the brethren​> eat <​took breakfast​> with , and <​and were then removed to the room up stairs​> <​Elders​> , , , , and eat <​in the debtor’s <​lower​> room​>
before 7. went to see the .
At 7½ , and <​, and​> went, and between <​were severally sent <​by Joseph​> with messages to​> [p. 19] these two messages <​the ​>: but at 8 got no return.
Joseph <​We also​> sent <​word​> to his Counsel, by Messenger, that he wanted a change of venue to , <​Adams County.​>
<​At 8. A.M.​> Joseph and had conversations with <​the​> Jailer till 8 A.M. who said a week last Wednesday they <​mob​> were calculating to have made an attack on , and they expected about 9000 persons but only about 200 came. They had sent runners to , and all round the Counties in .
At 10 min. past 8. Joseph wrote to as follows Jail” -[copy]- “bearer”, and sent it by .
At 8½ A.M. and returned; said <​stating that​> the said he was taken by surprise last evening, and was was very sorry; was afraid we would think he had forfeited his word about having an interview,— that the wrath of the people was about to turn on the head of , the mob &c.— That the was doing as fast as he could.
12 min. before 9. received the following reply on the same sheet “The interview will take place at my earliest leisure to day .” [p. 20]
10 min to 9. and others arrived at <​the​> Jail, and investigated the merits of the case, and agreed <​concluded​> to take a change of venue before . of Augusta, <​​> Hancock Co— and to send for Dr <​Jas. H​> Lyon, Col , , Dr , M. <​Thos A.​> Lyne, <​​>, Dr , and Samuel Searles &c. (see list) as witnesses<​, , , Dr , , , , Capn , , , & Samuel Searles as witnesses.​>
9. 27 A.M. The , in company with Col. Geddes <​Gettis​>) arrived at the Jail when Joseph stated to them the origin of the difficulty, the facts relating to the “Expositor Press”, the course pursued by the City Council; the legality, as they thought, of their legislation;— the pledges that he had made by letter and sent by express to his , that he was willing to satisfy all legal claims in case it should be shown that the City Council had transcended their legal bounds &c. &c.— and that the had been called out for the protection of the , while it was threatened with immediate hostilities by an infuriated mob, and not for the purpose of invasion; until his could afford relief <​and not for the purpose of invasion​> &c. The seemed to be
<​​> [p. 21]
satisfied that it was <​Joseph told the​> <​this was the​> truth.— but <​still​> he did not interfere in their illegal imprisonment— Joseph adverted to all the leading causes which gave rise to the difficulties under consideration, in a brief but lucid, energetic, and impulsive <​impressive​> manner. The said he was satisfied it was true <​the truth​>. General Smith then read copies of the orders and proceedings of the City Council of , concerning the destruction of the “Expositor Press,” and of the correspondence forwarded to his , in relation to thereto; and also informed him concerning the calling out <​of​> the , and the position they occupied of absolute necessity,— not to make war upon, or invade the rights of any portion of the citizens of the ; but it was the last resort, and only defence, in the absence of executive protection, against a large, organized military and mobocratic foe. General Smith reminded his that the question in dispute was a civil matter, and to settle which needed no resort to arms, and that he was ready at any time, and had always been ready to answer any charge that might be preferred against him, either as the <​Lieutt. General of the Legion, the​> Mayor of the [p. 22] ; or as a private individual, in any court of justice, which was unintimidated by a mob or military array; and make all the satisfaction that the law required, if any &c. The said he had not called out this force; but found it assembled in military array, without his orders, on his arrival in ; and that the laws must be enforced, but that the prisoners must and should be protected; and he again pledged his word, and the faith and honor of the , that they should be protected. He also stated that he intended to march his forces (that is, those who had assembled for mobocratic purposes; and whom he had mustered into his service) to , to gratify them, and that the prisoners should accompany them, and then return again to attend the trial before the said magistrate, which he said had been postponed for the purpose of making this visit.— <​he <​Joseph​> alluded to​> the coming of the when he gave himself up, <​also to​> his offer to go before “any other Justice of the Peace,” and called upon some 20 bystanders to witness that he submitted
<​​> [p. 23]
to the writ, but for fear of his life if he went to , and therefore <​he had​> agreed <​preferred​> to go before Esq. , <​a gentleman <​of high legal attainments​> who is in no way connected with the Mormon Church.​> go on prairie to Appenoose [blank] that he had sent <​frequent​> expresses and letters to the <​; <​that​> Dr. , Dr. & Mr also wrote <​had written​> letters to the ;​> wrote <​that he had written​> another letter to the <​which was sent on the 15th June,​> by . <​Wrote <​that he had written​> again on the 16th June enclosing affidavits and​> sent <​them by Messrs. ​> and <​& John Bills.​> <​He also alluded to <​read​>​> ’s certificate <​of the proceedings of the mob at ​> <​also to his <​his​>​> Proclamation<​, and his orders​> of <​as​> Lieutenant General to , <​and the proceedings of the City Council of , and copies of communications forwarded to . *​> <​* Also his letter of the 21 June which was sent by & Mr , and his letter of the 22nd which was sent by and .​>
Marshal <​​> explained [blank] about <​giving passes to persons going in and out of the city​> passes [blank] and <​denied that any​> arrests <​had been made.​> Marshalled the [blank] had no power any thing further [blank] brought here . [blank] acted on the State of the <​, and referred to the​> trial before <​, which did not satisfy the feeling of the people in & about .​> <​The​> thought <​admitted that​> sufficient time had not been allowed by the posse <​for the Defendants​> to get ready <​or to gather their witnesses, and it​> can be very safely admitted that your statements are true [blank]<​, and​> was satisfied now they <​that the people of ​> had <​acted according to the best of their judgement​> <​it was very evident from the excitement created by his <​Mr. Smith’s​> enemies​>
<​​> said <​that​> it would have been unsafe for Joseph <​him​> to come <​to , for under such circumstances he could not have had an impartial trial.​> The <​said <​he​>​> came here to enforce the laws on all <​the​> people <​whether Mormons or not​> <​and​> [p. 24] <​then​> expressed his feelings about the destruction of the <​“Expositor​> press”
Joseph spoke of <​his​> imprisonment in , <​and of the shameful kidnapping of his witnesses and their being thrust into prison to prevent them from giving testimony in my <​his​> favor.​>
spoke of the Constitution
Joseph said we were willing to pay for the press<​, as he did not want them <​the owners​> to suffer any loss by it, neither did he wish such a libelous paper to be published in .​>
<​As for calling out the ​> if it were <​was​> intended to resist the Government of the it would be treason. If people <​but as they​> believed they were endeavoring to defend themselves <​and had no such intention as to resist the government​> it was all right.
10¼ A.M. The left, after saying that the prisoners were under his protection, and again pledged <​pledging​> himself that that they should be protected from violence, and told them <​telling them​> that if the troops marched the next morning to as he then expected, they should <​probably​> be taken along, in order to insure their personal safety, with how much sincerity may be seen by the following affidavits -[insert [Alfred] Randall’s, and J[onathan] C. Wrights affidavits and <​’s.​> <​& [William G.] Sterrett​>]-
While Joseph was writing at his <​the ’s​> desk William Wall stepped up, wanting to deliver a verbal message <​to him​> from his Uncle . He turned round to speak to Wall, but the guard refused to allow them any communication.
At noon Joseph wrote to as folows “” [p. 25] -[copy]- expenses [blank] <​made​> copied <​copies​> <​of​> the orders of <​Gen. <​Joseph​> Smith as Mayor to Marshal , and as Lieut General to Major Genl ​> the Mayor and Lieutenant General, to the Marshal and Major General.
Joseph said <​remarked,​> I have had a good deal of anxiety about my safety <​since I left ​>, which I never did <​had​> before <​when I was under arrest​>. I could not help <​these feelings which <​and they​> have depressed me.​>
<​-[Insert T&S page 2]-​> 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​> night attack. The prophet and , and all <​their friends​> took turns preaching to the guards; several of whom were relieved before their time was out; because they admitted they were proselyted to the belief <​convinced​> of the innocence of the prisoners which rendered them incompetent of guarding. 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.” <​-[Insert No 8. page 2.]-​> <​During the day encouraged Joseph to think that the Lord for his ’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 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. -[Insert No 15]-​>
<​Joseph related his dream about & ; also his dream about trying to save a steamboat in a storm.​>
<​(T&S)​> Some 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​>; they were <​he was​> answered that the [p. 26] prisoners had already been committed “until discharged by due course of law”; and that <​therefore​> the justice and had no further control of the prisoners, and that if the prosecutors wished the prisoners brought out of jail, they should <​might​> bring them out on a writ of , or some other “due course of law”; where <​when​> we would appear and defend.
12½ P. M. <​noon​> arrived at the Jail
came in with the following letter from “Messrs” -[copy]- “Genl
said he had got the Magistrate on a pin hook; for the magistrate had committed them without examination and had no further jurisdiction in the case, <​and he would not cons agree to a trial unless​> If <​(Capt)​> Justice [Robert F.] Smith would consent to go to for examination <​where witnesses could be had.​>
said that a week ago <​and another​> and <​had​> concocted a scheme for <​a​> writ <​to take Joseph​> for <​to​> <​and when he was apprehended hide take him to ​> <​and ​> returned from the night before the burning of the Press
1. P.M. wrote to <​his ​>, and [p. 27] sent the letter by .
It was common conversation on the Camp ground and in the dining room of the <​in the presence of .​> “The law is too short for these men, but they must not be suffered to go at large” and “If the law will not reach them, powder and ball must”
1/2 past 2. came with , and wanted to come in, with the following <​an​> order to the “State -[T and S. 562]- “J.P. L.S””, and demanded <​demanding​> the prisoners; but as , the jailer, could find no law authorizing a justice of the peace, to demand prisoners committed to his charge, he refused to give them up, until discharged from his custody by due course of law; and the guard would not let them pass.
<​Justice​> Robert F. Smith then enquired what he must do? replied “We have plenty of troops; there is <​are​> the <​Carthage​> Greys under your command, bring them out”.
<​Joseph​> Sent to inform the <​of what had just taken place​> and also to <​inform​> his Counsel <​Mers’ & .​> [p. 28]
20. min to 3. returned from the <​and said​> he thought <​apparently​> the was doing all he could
10 min to 3. came
3 . P. M. Wrote to Messrs and as follows:
“Jail -[copy]-” which was carried by <​Elder​>
20 min to 4. Upon the refusal of the to give up the prisoners, the with the company of Carthage Greys, under the command of Frank Morrill, marched to the jail, and, by intimidation and threats compelled the against his will and conviction of duty, to deliver Joseph and to the , who forthwith, & contrary to our <​their​> wishes compulsarily took them.
<​()​> Joseph seeing the mob gathering, and assuming a threatening aspect, concluded it best to go with them then; and, putting on his hat, walked boldly into the midst of a hollow square of the Carthage Greys; yet evidently expecting to be massacred in the Streets before arriving at the Court House, politely locked arms with the worst mobocrat he could see, [p. 29] and locked arms with Joseph, followed by <​escorted by a guard​>. , , and followed, outside the hollow square, and escorted <​accompanied​> them to the Court Room
4 o’clock Case called by Robert F. Smith, J.P., and captain of the Carthage Greys. The Council for the prisoners then appeared, and called for subpoenas for witnesses on the part of the prisoners, and expressed their wish to go into the examination, as soon as the witnesses could be brought from to . This was objected to, most vehemently, by the opposite counsel.
4.25 took copy of order to bring prisoners from jail for trial. <​as follows: “State -[T&S 562]- J P. L S.”—​>
4.30. took names <​Made a copy of the list​> of witnesses
4.35 , , , , <​&​> , <​Appeared as​> Council for <​the​> . [5 lines blank] [p. 30]
1844 Wednesday June 26th <​The​> writ was returned <​endorsed [illegible]​> as “served on June <​25th​>. which was a lie, not the truth <​false.​>
said Without knowledge <​any examination whatever​> were they committed to Jail. <​They were committed to Jail without any examination whatever.​>
. Urged a continuance <​of the trial case​> ’till <​the​> witnesses could be had. <​obtained from for the defence.​>
4¾ P. M. suggested <​that the Court adjourn until​> 12 o’clock tomorrow.
proposed ’till <​that the Court adjourn until​> witnesses could be got <​be got together​> or till <​until​> tomorrow at any time [blank] and <​again​> adjourn if they are not ready [blank] without bringing in the prisoners. <​into Court.​>
hoped no compulsory measures would be made use of <​by the Prosecution​> in this enlightened country
. If witnesses cannot be had after due diligence <​by the Defence​> a continuance will be granted.
Court said this writ was served yesterday <​(which was not the case) unless it cd. be served without the prisoners or their counsel knowing it)​> On motion of Counsel for the prisoners, examination was postponed ’till tomorrow at 12 o’clock noon, and grant subpoenas <​were granted​> to get witnesses from twenty miles distance; whereupon the prisoners were remanded to prison, with the following :
“State of (Copy the Mittimus) J. P.”
5.30 <​A. M.​> returned to Jail [blank] and Joseph and [p. 31] <​were​> thrust into close confinement
While <​going to jail​> some <​of the mob​> tauntingly upbraided him for not calling a legion of angels to release him and to destroy his enemies; others asked him to prophesy when, and what manner of death awaited him, they themselves professing to know all about it.
<​​> came from Macedonia to the Jail to see <​his nephews​> the prisoners <​Joseph and ​>; the road was thronged with mobbers; and three of them snapped their guns at him, and he was threatened by many others who recognized him; the guard <​at the Jail​> refused him admittance. Joseph saw him through the <​prison​> window, and said to the guard, “let the come in, he is my uncle.” The guard replied they did not care who the hell he was uncle to, he should not go in. Joseph replied, “you will not hinder a so old and infirm a man as he is from coming in”; and then said, “come in, uncle”; on which, after searching him closely, they <​the guard​> let him pass into the jail, where he remained about an hour. He asked Joseph if he thought he should
<​’s Journal​> [p. 32]
<​again​> get out of the hands of his enemies, when he replied: “<​my​> brother thinks I shall; and that is just as well as if I thought so. I wish you would tell the brethren in Macedonia that they can see by this, that it has not been safe for me to visit them and tell I want him to come and assist me as an attorney at my <​expected​> trial tomorrow before Captain <​(Justice)​> R[obert] F. Smith. then left the jail to convey this message to <​who was​> at Macedonia.
<​’s Journal​>
6 p.m. Copied witnesses’ names [blank] and . brought the following;
“I would advise the to Keep the Messrs. Smiths in the room in which I found them this morning, unless a closer confinement should be clearly necessary to prevent an escape.
Governor & Commander in Chief”
June 26th.1844.”
6¼ p.m. Received the following letter from : “Dear President (copy) .” <​This letter was sent from by <​​> Joseph instructed to return to with all haste to procure <​and fetch​> a number of documents for the promised trial​>
25 min to 7. Sent <​a message​> to [blank] to get supper <​subpoenas​> for , [p. 33]
and <​and <​with instructions​> to bring​> with <​them​> <​the​> papers <​that​> they carried to the <​at and which the had not seen, as he had started for before they arrived at .​>
1/4 to 8 Supper.
8 p. M. <​Counselors​> and called with <​​> , and said <​that the​> and military officers had held a Council <​which had been​> called by the , and <​they​> decided that the and all the troops should march to at 8 o’clock tomorrow morning <​except one Company of about 50 men​> <​in order​> to gratify them <​the troops​>, and return next day, except one <​the​> company which was <​of about 50 men who were​> to be selected by the from <​those of​> the troops, <​and​> <​of those​> whose fidelity was <​he could​> most to be relied <​rely​> on, to guard the prisoners, who should be left at <​in​> <​Jail​>. and <​that​> the<​ir​> trial to be deferred to <​until​> <​Saturday​> the 29th <​After the Consultation, the justice (Robt. H. Smith) who was one of the officers in command, altered the return of the subpoenas until the 29th.​> <​This was done​> without consulting either the prisoners or their counsel.
About 8¼ P. M, <​​> met <​Lawyer​> , and delivered the message, when replied, “you are too late, I am already engaged on the other side.”
<​9 p. m. Mesrs & & and Elder returned to .​>
<​ prayed. , , , , & , staid with Joseph & in the front room.​>
During the evening the Patriarch <​​> read and commented upon extracts from the Book of Mormon, on the imprisonments [p. 34] and deliverance of the servants of God for the gospel’s sake. Joseph bore a powerful testimony to the guards of the divine authenticity of the Book of Mormon— the restoration of the gospel— the administration of angels— and that the kingdom of God was again <​established​> upon the earth, for the sake of which he was at that time <​then​> incarcerated in that prison, and not because he had violated any law of God or man.
We <​They​> retired to rest late; Joseph and on <​occupied​> the only bedstead <​in the room,​> while four or five <​their friends​> lay side by side on the Mattresses on the floor. setting <​sat​> up writing until his last candle left him in the dark; the report of a gun fired close by, caused Joseph to arise, leave the bed, and lay himself on the floor by the side of <​having​> on his left, and on his right. Joseph laid out his right arm, and said to , “lay your head on my arm for a pillow brother John”; and when all were quiet they conversed in a low tone about the prospects of his <​their​> deliverance; and <​Joseph​> gave <​expression to​> several inferences <​presentiments​> that he had to
<​​> [p. 35]
die, and finally said, “I would like to see my family again”; and “I would to God that I could preach to the saints in once more”. tried to rally his spirits, saying he thought he would often have that privilege; when Joseph thanked him for the remarks and good feelings expressed to him.
Soon after retired to the bed <​to the place which Joseph had left,​> and when all were apparently fast asleep, Joseph whispered <​to ​>, “are you afraid to die?” said, “has that time come think you? engaged in such a cause I do not think that death would have many terrors.” Joseph replied, “you will yet see Wales, and fulfil the mission appointed you before you die.” We were awoke by heavy treads as of soldiery close by, and heard a whispering under the window, “who shall go in— how many shall go in?” They rushed <​came​> up stairs to the prison door, <​against​> which we had taken the precaution to fortify by <​to​> placing <​place​> a chair against it; hearing us <​speaking to each other​> they hesitated, when Joseph called out, “Come on ye assassins, we are ready for you, and would as willingly die now as at daylight.” Hearing this
<​​> [p. 36]
they retired again.
<​9 pm. and and returned to ​>
<​9¼— prayed. , , , , & , staid with Joseph & in the front room.​>
1844 Thursday June 27th. Early in the morning, Joseph requested <​-[see page 40]-​> <​At 5½ a m, arose​> <​5 A. M., and called at the Jail on their way to .​>
<​At 5½ A. M., arose. Joseph requested​> to descend and enquire of the guard the cause of the intrusion in the night. Frank Worrell, the officer of the guard, who is one of the Carthage Greys, in a very bitter spirit said, “we have had too much trouble to bring old Joe here to let him ever escape out alive, and unless you want to die with him you had better leave before sun down; and you are not a damn’d bit better than him for taking his part, and you’ll see that I can prophesy better than old Joe; for neither he nor his brethren <​​>; nor any one who will remain with them will see the sun set to day”. Joseph directed to go to , and inform him what he had been told by the officer of the guard. While was going to ’s quarters, he saw an assemblage of men, and heard one of them who was apparently a leader making a speech saying that “our troops will be discharged <​this morning​> in obedience to orders, and for a sham
<​​> [p. 37]
we will leave the town; but when the ’s and <​the​> s troops have left for this forenoon we will return and kill those men if we have to tear the jail down”. This sentiment was applauded by three cheers from the multitude <​crowd​>.
went to the , told him what <​had​> occurred in the night, <​what the officer of the Guard had said,​> and what he had heard while coming to see him, and earnestly wished <​solicited​> the <​him​> to avert the danger. His replied, “you are unnecessarily alarmed for the safety of your friends sir, the people are not that cruel.” Irritated by such a remark, urged the necessity of placing better men to guard them than professed assassins, and said, “the Messrs. Smith <​are American citizens and​> have surrendered themselves to your upon your pledging your honor for their safety; they are also Master Masons, and as such I demand <​of you​> the protection of their lives.” ’s face was <​turned​> pale with fright or horror, and remarked, “then <​if you do not do this​> I have but one more request to make <​desire​>, and that is, if you leave their lives in the hands of those men to be sacrificed—.” “What is that, sir?” he asked in a hurried tone. “It is,” said , [p. 38] “that the Almighty will preserve my life to a proper time and place that I may testify that you have been timely warned of their danger.” then returned to the prison, but the guard would not let him enter. He again returned to the , where His was <​and found ​> standing in front of the troops, who were in line ready to escort him to . The disbanded mob retired to the rear, shouting loudly that they were only going a short distance out of town, when they would return and kill old Joe and as soon as the was far enough out of town. called his <​the​> attention <​of the ​> to the threats then made, but he took no notice of them, although it was almost impossible for him to avoid hearing them. then requested the to give him passports for himself and friends to pass in and out of the prison according to his promise made to the prisoners; but he also declined giving <​refused to give​> them; but he told to give one to Dr , Joseph Smith’s private secretary. While obtaining this, ’s life was threatened, and he was told by
<​​> [p. 39]
<​said to him​> in the Street that “we are determined to kill Joe and , and you had better go away to save yourself.”
<​1st. item on 27th.​> 5 A. M. and called <​at the Jail​> on their way to .
5½ A. M. arose <​At 7 A. M.,​> Joseph, , , , & ate breakfast together. Mr. Crane ate with us <​them,​> he <​and​> wanted to know if <​the report <​was true​> that​> Joseph fainted three times on Tuesday, reviewing <​in passing through​> <​while being exhibited to​> the <​​> troops, as currently reported. <​He was told there was no truth in th <​it was a false report.​>​>
8 A. M. , at Joseph’s request, applied to the , and obtained the following passes:
“Suffer Mr. to pass in to visit Genl. Joseph Smith and friends in Jail unmolested
June 27th. 1844.”
Governor & Commander in Chief.”
“Protect Mr in passing to and from and .
June 27th.1844.”
Governor & Commander in Chief.”
While receiving these passes he related to the the numerous threats that he had heard. [p. 40]
8 A. M. went to the to get a pass.
8.20 A. M. Joseph wrote to as follows: “ (copy letter) Amen. Smith.”
8.30 A. M. returned to Jail.
8.40 A. M. and called; they said another consultation of <​the​> officers had taken place, and the former orders <​of the ​> for marching to with the whole army were countermanded.
<​*​> ’s <​& his​> company of troops were ordered to accompany the to . The Carthage Greys, who had but two days before been under arrest for insulting the Commanding General, and whose conduct had been more hostile to the prisoners than that of any other Company, were selected <​by ​> to guard the prisoners, (and superintend the work of death) at the jail; and the other troops composed of the mob whom the <​​> had found at , and had mustered into the service of the , including those rendezvoused at Golden’s Point, from and who had [p. 41]
<​*​> was in the meeting seeing what was going on, he afterwards told that the purpose of the meeting was to take into consideration the best way to stop Joseph Smith’s career, as his views on Government were widely circulated to look like Wild fire, they said if he did not get into the Presidential Chair this Election, he would be sure the next time; and if & would join together and kill him they would not be brought to Justice for it; there were Delegates in said Meeting from every State in the Union except three & Cap [Robert F.] Smith were also in the meeting— ()
[verso of attached slip blank]
been promised <​“full satisfaction”, and​> that they should be marched to , were disbanded and discharged in ; The was about to disband the troops [blank] all but a guard; that the will go to [blank] and make a speech to the people. <​yet suffered several <​two or three​> hundred armed men to remain encamped some <​about​> eight or ten miles <​miles​> off on the road, apparently under the control of no one except Coll. , a <​notoriously​> sworn enemies <​enemy​> to Joseph, and who had on many occasions threatened the destruction of , and the death of Joseph. Moreover it was the duty of the to dismiss the troops into the hands of their several officers in order to be marched home and there disbanded and not to have disbanded them at a distance from home and at a time and place when they were predisposed to acts of lawless violence and rapines, and murder.​>
7:50 A. M. Previous to leaving, said <​ states that previous to leaving he said ​> to the , “Sir, you must be aware by this time that the prisoners have no fears in relation to any lawful demands made against them, but you have heard sufficient to justify you in the belief that their enemies would destroy them if they had them in their power; and now sir, I am about to leave for , and I fear for those men; they are safe as regards the law, but they are not safe from the hands of the traitors, and the midnight assassins, who thirst for their blood, and have determined to spill it; and under these circumstances I leave with a heavy heart.” replied, “I was never in such a dilemma in my life; but your friends shall be protected, and have a fair trial by the law; in this pledge [p. 42] I am not alone; I have obtained the pledge of the whole of the army to sustain me in this respect <​it​>.” After receiving these assurances, prepared to visit the prison; the morning being a little rainy favored his wearing an overcoat, in the <​side​> pocket of which he was enabled to carry a revolver <​revolving​> six shooting <​shooter​> <​pistol​>; he <​and he​> passed the guard unmolested. During his visit in the prison he slipped the revolver into Joseph’s pocket unobserved by any other individual. Joseph examined it, and asked if he had not better retain it for his own protection. [blank] <​This​> It was a providential circumstance getting the pistol into the prison, as every <​most​> other persons who had previously entered had been very rigidly searched. Joseph then handed a <​the​> <​his​> <​the​> single barrel pistol (which had been given him by who passed the guard with it concealed in the top of his boot) to his brother and said “you may have use for this”. observed, “I hate to use such things, or to see them used.” “So do I”, said Joseph “but we may want <​have​> to help
<​​> [p. 43] the guard to defend the prison <​ourselves​>”; upon this took the pistol.
was intrusted with a verbal request to the Commanders of the to avoid all military display or any other movement calculated to produce excitement during the ’s visit. <​He was specially charged to use all the influence he possessed to have the brethren & friends of Joseph remain perfectly calm and quite <​quiet​> and bear every indignity that might be heaped upon them inasmuch as they respected the feelings and well being of their Prophet and ​>.
Said Joseph; “our lives have already become jeopardized by revealing the wicked and blood thirsty purposes of our enemies; and for the future we must cease to do so; all we have said about them is truth, but it is not always wise to relate such <​all the​> truth. Even Jesus the Son of God had to refrain from doing so, and to restrain his feelings many times for the safety of his own person <​himself​> and those of his followers, and had to conceal the righteous purposes of his heart in relation to many things pertaining to his father’s Kingdom. When quite a boy he had all the intelligence necessary to <​enable him to​> rule and govern the Kingdom of the Jews, and could reason with the wisest and most profound doctors
<​​> [p. 44]
of law and divinity, and make their theories and practice to appear like folly compared with the wisdom he possessed, but he was a boy only, and lacked physical strength even to defend his own person, and was subject to cold, to hunger, and to death. So it is with the ; we have the principles of revelations <​of Jesus,​> and the knowledge within us is sufficient to organize a righteous government upon the earth, and to give universal peace to all mankind if they will <​would​> receive it; but we lack the physical strength as did our Savior when a child, to defend our principles, and we shall have of necessity to be afflicted, persecuted, and smitten, and to bear it patiently until Jacob is of age; then he will take care of himself.”
9.40 A. M. He <​​> also took a list of witnesses names that were wanted for the <​expected​> trial on Saturday. Joseph examined the list where the names of <​When the list was read over a number of names were stricken out among whom were if​> and were stricken out by<​his​> Joseph’s order, <​it being deemed <​by ​> unnecessary for them to attend. Bro. Joseph asked the reason why they should not come.​> remarking <​answered,​>
<​​> [p. 45]
“they may be very good men, but they don’t know enough to answer a question properly.” <​Bro. Joseph remarked that “that was <​is​> a sufficient reason.”​>
To the letter to , Joseph added a <​wrote the following​> postscript in his own handwriting, what was not copied. <​“P.S. 20 min to 10. (Copy) I suppose”.​> <​-[Dr.]-​>
The prisoners also sent many verbal messages to their families; they were so numerous that proposed writing them all down fearing might forget; but fastened his eyes upon him, and with a look of penetration said, “ will remember all that we tell him, and he will never forget the occurences of this day.” he will even remember the smallest minutia while he has power to retain anything.”
Joseph related the following dream <​which he had last night​>: “I was <​back​> in , Ohio, and thought I would take a walk out by myself, and view my old farm, which I found grown up with weeds and brambles, and altogether bearing evidence of neglect, and want of culture. I went into the barn, which I found without floor or doors, with the weather
<​​> [p. 46]
boarding off, and was altogether in keeping with the farm. While I viewed the desolation around me, and was contemplating how it might be recovered from the curse upon it, there came rushing into the barn a company of furious men, who commenced to pick a quarrel with me. The leader of the party ordered me to leave the barn and the farm, stating it was none of mine, and that I must give up all hope of ever possessing it. I told him the farm was given me by the , and although I had not had any use of it for some time back, still I had not sold it, and according to righteous principles <​it​> belonged to me or the Church. He then grew furious, and began to rail upon me and threaten me, and said it never did belong to me, nor the Church. I then told him that I did not think it worth contending about; that I had no desire to live upon it in its present state, and if he thought he had a better right I would not quarrel with him about it, but leave; but my assurance that I would not trouble him
<​​> [p. 47]
at present did not seem to satisfy him, as he seemed determined to quarrel with me, and threatened me with the destruction of my body. While he was thus engaged, pouring out his bitter words upon me, a rabble rushed in and nearly filled the barn, drew out their knives, and began to quarrel among themselves for the premises; and for a moment forgot me, at which time I took the opportunity to walk out of the barn about up to my ankles in mud. In a <​When I was a​> little distance from the barn I heard them screeching and screaming in a very distressed manner, as it appeared they had engaged in a general fight with their knives. While they were thus engaged the dream or vision ended.”
<​Both Brothers Joseph & bore a faithful testimony to the latter day work, and the coming forth of the Book of Mormon, and prophesied of the final triumph of the Gospel over all the earth, exhorting the brethren present to dilijence faithfulness and persevering diligence in proclaiming the gospel, building up the , & performing all the duties connected with our holy religion.​>
Wrote <​Joseph dictated the following​> postscript to “<​PS. 20 min to 10​> I (copy) suppose.” <​and afterwards wrote a few lines with his own hand which were not copied.​> Sent <​The​> letter <​was sent​> by , and .
<​ (Nauvoo City Marshall) told that if he went to , leaving only the Carthage Greys to guard the Jail, that there was a conspiracy on foot to take their <​the​> lives <​of Joseph & ​> during his absence. to which the replied “ you are too enthusiastic.”​>
went to some time this forenoon <​escorted by the <​a portion of his​> troops, these being the only troops known to be <​the most​> friendly to Joseph <​the prisoners​> and leaving the known enemies to the prophet ostensibly to guard the jail, having <​previously​> disbanded the remainder.​>
10.30 <​Joseph​> Sent <​a​> request to the by for a [p. 48] pass for <​his​> private Secretary, Dr.
11 A. M. left the jail for home and with a verbal charge to assist in gathering and forwarding witnesses for the expected <​promised​> trial. <​ Esq <​Joseph’s lawyer principal lawyer​> left for ​>
11.20 returned with the following pass for ;
“Permit , the private secretary of Joseph Smith, to be with him if he desires it, and to pass and repass the guard.
June 27th 1844.”
Commander in Chief.”
and <​​> said he could not get one for himself.
met in the Street, and informed him that Joseph wanted to see him
11.30 arrived <​at the Jail,​> <​and​> read a letter from .
Joseph, , and tried to get past the guard, but they all failed. <​the guard <​they​> <​persisted in​> refusing to admit him.​>
12½ noon. <​Joseph​> Wrote for of to come up on Saturday as my <​his​> attorney as follows: “Lawyer (copy letter) J. S.” [p. 49]
took the letter, and left <​the jail​>. <​He​> handed the letter <​it​> to with a request <​directions​> to take it to of forthwith. The guard being aware of the letter told the mob that “old Joe” had sent orders to raise the to come and rescue him. The mob gathered around , and demanded the letter; and some <​of them​> wanted to take it <​from him​> by force, and said that should not get out of alive, as a dozen men had started off with their rifles to waylay him in the woods. Having previously ordered his horse, took advantage of their disagreements, and started off at a full race <​speed​>, and was soon enveloped in a cloud of dust. He by mistake took the road, and so avoided the Mob <​men who were lying in wait for him.​> When he emerged on to the Prairie, and seeing <​he saw​> the and his posse, he <​and​> <​whereupon​> <​he​> left the <​​> road for the road.
Mr called at the gate <​jail​>; <​Joseph​> gave him a letter <​note​> to or to get <​requesting them to furnish him with​> a pass. [p. 50]
passed the jail going to probably with ’s letter.
1¼ p.m. Joseph, , and dined in their room. and dined below.
1½ p.m. <​ was taken sick when Joseph said as you have a pass <​from ​> to go in & out of the Jail, go and get the a Pipe and some Tobacco to settle his Stomach, and​> went <​out​> after a pipe <​for them.​> <​x​>
3¼ p. m. The guard have been <​began to be​> more severe in their operations [blank] threatening among themselves, or <​and​> telling what they would do when the war <​excitement​> was over.
One <​of them said he​> would sell his farm and move out of the State <​of ​> if Smith staid.
sung <​the following,​> “A poor wayfaring man of grief.”
<​When he got through, Joseph requested him to sing it again, which he did.​> <​-[insert in full.]-​> read <​extracts​> from Josephus.
4 P. M. Changed <​The​> guard <​was again changed.​> A guard of only eight men was <​being​> stationed at the Jail, whilst the rest <​main body​> of the Carthage Greys were in camp at <​about​> a quarter of a mile distant on the public square.
4¼ Joseph commenced conversing with the guard about , <​ & ​> , &c <​others of his persecutors.​> [p. 51]
<​x​> when he had got the Pipe and Tobacco & was returning to Jail, a man by the name of Stewart called out “Old Man you have got to leave the Town in 5 minutes.” replied I shall not do it and you cannot drive me he then charged upon with his Bayonet, who parried it with his left hand & knocked him down with his right— <​A company of men <​Carthage Greys gathered round him​> put him on his horse & forced him out of the Town at the point of the Bayonet—​>
[verso of attached slip blank]
and conversed <​together​> till <​until​> 5¼
5.20 returned from town <​to the Jail​> and said <​that​> was <​had been​> surrounded— by a mob, <​who had driven him out of ,​> and <​he​> had gone to . and <​​> suggested that they would be safer in the cell. Joseph said “after supper we will go in” went out and Joseph said to “if we go into the Jail <​cell​> will you go in with us?” The answered “brother Joseph, you did not ask me to cross the with you— you did not ask me to come to — you did not ask me to come to Jail with you— and do you think I would forsake you now? But I will tell you what I will do; if you are condemned to be hung for treason, I will be hung in your stead, and you shall go free.” Joseph said, “you cannot”. The said <​replied​>, “I will.” Before the had come <​came​> in, his boy came <​brought​> in to bring some water, and said the guard wanted some [p. 52] wine. Joseph gave 2 1/2 <​two half​> dollars to give the guard; but the guard said one was enough, and would take no more. The Guard immediately sent for a bottle of wine, pipes, and two small papers of tobacco and one of the guard brought them in <​to the Jail​> soon after the jailer went out. tapped <​uncorked​> the bottle & presented a glass to Joseph he tasted tasted <​the tasted​> <​and​> gave the bottle to the guard who turned to go out When at the stairs top <​top of the Stairs​> some one below called him two or three times. <​when​> He went down There was a little rustling at the <​outer​> door of the Jail <​and a​> the cry <​of​> surrender and <​also a​> discharge of three or four <​fire​> arms followed instantly.
<​see Daniel’s statement pa 14.15​>
The glanced an eye by the curtain <​of the window​> <​and​> saw <​about​> a hundred armed men around the door. <​It is said that the guard elevated their firelocks, and boisterously threatening the mob discharged their firearms over their heads. The mob encircled the building and some of them rushed by the guard up the flight of stairs, burst open the door and began the work of death, while others fired into the open windows.​>
<​In the meantime—​> Joseph, , and ’s <​had their​> coats were off; Joseph sprung to his coat for his six shooter, for his single barrel, <​and​> for ’s large hickory cane, and [p. 53] for ’s cane; all sprang against the door:— the balls whistled up the stair way <​-[see T. and S. 598.]-​> and in an instant one came through the door, Joseph, and sprung to the left <​of the door and tried to knock aside the guns of the ruffians​>, <​was retreating​> back in front of the door, and snapped his pistol, when a ball struck him in the left side of his nose <​and he​> fell <​on his​> back on the floor <​with his head one or two feet from the north east corner of the room​> saying “I am a dead man.” <​<​(tr)​> As he fell <​on the floor​> another ball <​grazed his breast and​> entered his head through <​by​> the throat another ball <​from the outside​> entered the left side and passed through his body with such force that it completely broke to pieces his watch which he wore in his vest pocket; the <​a​> fourth ball entered his left leg. A shower of balls were poured through all parts of the room, many of which lodged in the ceiling just above the head of .​> Joseph discharged his sixshooter in the entry, reaching round the door casing[.] Continual dicharges of musketry came in<​to​> the room <​Joseph​>’s six shooter missed fire two or three times <​(54a)​> sprang to leap from the East window and was shot in the window
<​The following is copied from the Times & Seasons “Two minutes (T & S 598) .” (above *)​> <​* While & were in the cell a company of the mob again rushed up stairs, but finding only the dead body of they were again descending the stairs when a loud cry was heard “The Mormon’s are coming!,” which caused the whole band of murderers to flee <​precipitately​> to the woods.​>
<​It was found that had recd four balls, two passing into his head,​> <​+ one of which entered the left side of his nose, and as he fell​><​one entering the left side and passing through the right and the last thru the left leg. recd. 5 balls principally in his legs, one passing through his hand.​>
“Carthage Jail 8 o’clock 5 min P.M.
June 27. 1844
Joseph and