History of the Church of Jesus Christ of Latter-day Saints, Volume 6Smith, Joseph, Jr.
History
History of the Church of Jesus Christ of Latter-day Saints, Volume 6
Smith, Joseph, Jr.
Church of Jesus Christ of Latter-day Saints; Smith, Joseph, Jr., 1805-1844
After the court dismissed the case, General Smith fearlessly stated
that he believed that it was a plot on the part of those who were
instrumental in getting up the previous trial to thwart the ends
of justice and screen the prisoner from the condemnation he justly
deserves. Mr. Foster then stated, by way of an apology, that at the
time he issued the warrant he did not know that the prisoner was
under an arrest, or that there was any process out against him.
We hope, for the honor of such a man as Mr. Foster, that his
statement is true. Mr. Foster, however, called upon one of his
jurors, Mr. Carn, to corroborate what he had said; but, to our
astonishment, be replied that when Mr. Foster summoned him to
appear and act as a juryman, he was not informed what case he was
to act upon, nor did he learn until he entered the office, where he
acted according to the evidence given; but believed then, as well
as now, that it was a sham trial, and a mere mockery of justice. We
state facts as they are, and let the public judge for themselves.
{285} The statement of the negro was that Messrs. Easton,
Townsend, and Lawyer W. H. J. Marr were the persons engaged in
this diabolical affair. Mr. Gibbs, one of the witnesses against
Townsend, believed the above persons were engaged in it; but as
a negro knows nothing in this state, and Mr. Gibbs could not
positively swear to it, of course we don't know; but we have our
opinion, and so have the public. We don't remember ever having seen
more indignation manifest than was manifested on this occasion,
and the public mind is not satisfied at the turn affairs have
taken. Lynch law will not do in Nauvoo, and those who engage in
it must expect to be visited by the wrath of an indignant people,
not according to the rule of Judge Lynch, but according to law and
equity.
It was thought best to acquit Easton and leave the case to the Circuit
Court.
[Sidenote: The Higbee Brothers in Trouble.]
Francis M. Higbee and Chauncey L. Higbee were brought up before Esquire
Wells for assaulting the police, and acquitted. Chauncey L. Higbee
a lawyer, was brought before Daniel H. Wells Esq., on the charge of
using abusive language to and insulting the city marshal while in the
discharge of his official duty. He was fined ten dollars.
Also Robert D. Foster, Esq., was taken before Isaac Higbee, J. P.,
and fined ten dollars, for a breach of the ordinance pertaining to
gambling, &c.
We are sorry to find that our lawyers and magistrates should be taking
the lead among gamblers and disorderly persons, and be numbered among
the law-breakers, rather than supporting virtue, law, and the dignity
of the city.
[Sidenote: Counter move of the Higbees.]
Public-domain text, read in full here on John Shaqi.
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