Justice Smith dismissed his court without taking any action on the charge of treason under which the Brothers Smith were still held; but about eight o'clock the same evening, Constable Bettisworth appeared at their lodgings at the Hamilton House and insisted on their going to jail. The Prophet demanded to see the copy of the mittimus which was at first denied; but upon his counsel--Messrs Woods & Reid--informing the constable that the accused were entitled to a hearing before a justice, before they could be sent to jail, to the surprise of all present he produced a mittimus, issued by Justice R. F. Smith. It stated that Joseph and Hyrum Smith were under arrest charged with treason; "and have been," so the paper read, "brought before me, a justice of the peace, in and for said county, for trial at the seat of justice hereof, which trial has been necessarily postponed, by reason of the absence of material witnesses." Now, this mittimus, so far as it related to the prisoners appearing before Justice Smith was an infamous falsehood, "unless," as Lawyer Reid says, in the account he published of these proceedings--"unless the prisoners could have appeared before the justice _without being present in person or by counsel_!" The same representation of the case was made to me by Lawyer James W. Woods, who, at the time was associated with Mr. Reid as the Prophet's counsel, whom I met in the summer of 1880, in Iowa, and from whom at that time I received a detailed account of the proceedings. Joseph and his counsel and his friends protested most vigorously against this unlawful proceeding, but to no avail. R. F. Smith finding his mittimus unlawful, appealed to the governor as to what he should do; to which the governor answered: "You have the Carthage Greys at your command." That hint was sufficient. What the _justice_ had illegally begun, the same person as _captain_ must with unlawful force consummate! Yet when this same governor was appealed to for protection against this unhallowed as well as unlawful proceeding, he expressed himself as being very sorry the circumstance had occurred, but he really could not interfere with the civic powers! Elder John Taylor went to the governor and reminded him of his pledges of protection. Elder Taylor expressed his dissatisfaction at the course taken, and told the governor that if they were to be subject to mob rule, and to be dragged contrary to law to prison, at the instance of every scoundrel whose oath could be bought for a dram of whisky, his protection availed very little, and they had miscalculated the executive's promises.