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
About eight p.m. Constable Bettisworth appeared at their lodgings at
the Hamilton House and insisted on Joseph and Hyrum going to jail. They
demanded to see the copy of the mittimus, which was refused. Their
counsel, Messrs. H. T. Reid and J. W. Woods, informed the constable
that they were entitled to a hearing before a justice, whereupon the
constable produced a mittimus which falsely stated that they had been
brought before Justice Robert F. Smith and the trial had been postponed
by reason of the absence of material witnesses. They vigorously
protested against such false and outrageous proceedings. Justice Smith
asked the governor for advice, since his mittimus was illegal, and
therefore this was a false committal, when Governor Ford replied, "You
have the Carthage Greys at your command!" The hint was sufficient, and
_Captain_ Robert F. Smith thereupon commanded his "Greys" to execute
the illegal action of _Justice_ Robert F. Smith, and the Prophet Joseph
and Patriarch Hyrum Smith were thrust into jail in defiance of all law.
Elder John Taylor protested to the governor, but was answered by that
craven individual that he had no power to interfere, and the law must
take its course.
The Governor's Broken Pledge
On the morning of June 26, Joseph requested an interview with Governor
Ford, which had been denied him the day before. This time it was
granted and the whole cause of the trouble was reviewed. Governor Ford
contemplated going to Nauvoo the following day to investigate certain
charges of counterfeiting, and the Prophet said he considered himself
unsafe in Carthage and requested to be taken to Nauvoo. The governor
gave his word of honor that he would take him when he went, but failed
to keep his promise.
The Illegal Summons
In the afternoon, Frank Worrell appeared before the jail with the
Carthage Greys and demanded that the prisoners be delivered up to the
constable to be taken before Justice R. F. Smith for trial. The jailer,
who had been instructed to keep them in custody "until discharged by
due course of law," protested such proceedings; but by threats Worrell
compelled the jailer to surrender the prisoners. They were taken before
Justice Smith, where their counsel, who had been given no notice of
a trial, asked for a continuance that they might obtain witnesses. A
continuance was granted until noon the following day. A new mittimus
was made out and the prisoners committed again to prison, and without
consultation on their part the time of trial was changed until the
twenty-ninth.
Threats of the Mob
It was common conversation on the camp ground and at the hotel, in the
presence of Governor Ford, that "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." Previously the governor had said, in
order to quiet the impatience of the Carthage Greys, that they should
have "full satisfaction."
The Night in Jail
Public-domain text, read in full here on John Shaqi.
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