Essentials in Church History: A History of the Church from the Birth of Joseph Smith to the Present Time (1922), with Introductory Chapters on the Antiquity of the Gospel and the "Falling Away"Smith, Joseph Fielding
History
Essentials in Church History: A History of the Church from the Birth of Joseph Smith to the Present Time (1922), with Introductory Chapters on the Antiquity of the Gospel and the "Falling Away"
Smith, Joseph Fielding
Church of Jesus Christ of Latter-day Saints -- History
Acting on this advice, President Smith prepared to go to Springfield.
December 26, he was arrested by General Wilson Law on the proclamation
of Governor Carlin. The next day in the custody of Wilson Law and a
number of his closest friends, he commenced his journey. On the way
they obtained a writ of habeas corpus from the master in chancery at
Carthage. On the 30th, he arrived at the home of Judge James Adams,
in Springfield. The next day, to save delay, and possible legal
complications, Governor Ford was petitioned for another writ that the
case might be tried thereon and it was issued. At half-past eleven
President Smith went before Judge Pope, where Mr. Butterfield presented
all the papers in the case and asked for habeas corpus, because the
accusation was false, which was granted. The Prophet was then placed
under bail in the sum of four thousand dollars. Judge Adams and Wilson
Law went bail for him, and his case was set for Monday morning, January
2, 1843.
The Trial
A postponement of the trial was taken until the following Wednesday.
When the case came before the court, the attorney general, Josiah
Lamborn, moved to dismiss the proceedings, objecting to the
jurisdiction of the court. He was overruled and the trial proceeded.
On the 5th day of January, 1843, Judge Pope rendered a lengthy
decision,[1] discharging the Prophet on the grounds that he was
entitled to his discharge for defect in the affidavit on which the
demand for his surrender to Missouri was made. "To authorize the
arrest in this case," the opinion said, "the affidavit should have
stated distinctly--1st, that Smith had committed a crime; 2nd, that he
committed it in Missouri. It must appear that he fled from Missouri
to authorize the governor of Missouri to demand him, as none other
than the governor of the state from which he fled can make the demand.
He could not have fled from justice unless he committed a crime,
which does not appear. It must appear that the crime was committed in
Missouri, to warrant the governor of Illinois in ordering him to be
sent to Missouri for trial."
On these grounds an order was entered discharging the prisoner from
arrest. Once again Missouri, persecutor of saints and prophets, was
defeated; but her thirst for their blood was not satisfied.
Bennett's Letter to Sidney Rigdon and Orson Pratt
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account