The Rise and Fall of NauvooRoberts, B. H. (Brigham Henry)
History
The Rise and Fall of Nauvoo
Roberts, B. H. (Brigham Henry)
Latter Day Saints -- Illinois -- Nauvoo; Nauvoo (Ill.) -- History
Subpoenas were asked for by the prosecution for between thirty
and forty witnesses, among whom were William M. Daniels and
Brackenberry, the two miracle men, and John Taylor, Mrs. Emma Smith
and Governor Ford.
On May 19, 1845, court again met in special term at Carthage.
Present, Richard M. Young, judge; James H. Ralston, prosecuting
attorney; David E. Head, clerk; and R. H. Deming, sheriff. The
cause of the people _vs_. Williams _et al_ coming up, Messrs.
Williams, Davis, Aldrich, Sharp and Grover appeared and were
admitted to bail on personal recognizance in the sums of $5,000.00
jointly and severally. Josiah Lamborn of Jacksonville as assistant
prosecuting attorney and William A. Richardson, O. H. Browning,
Calvin A. Warren, Archibald Williams, O. C. Skinner and Tho.
Morrison for defendants. Motion of defendants to quash the array of
jurors for first week, on account of supposed prejudice of county
commissioners who selected them and of the sheriff and deputies was
sustained. Also motion for the appointment of elisors for the same
cause, and absence of corner from county. The array was set aside,
and Tho. H. Owen and Wm. D. Arbenethy appointed elisors for the
case. These gentlemen had a thankless and arduous duty to perform.
Usually it is not difficult to find men willing to sit on juries;
in this case few were willing to try the experiment of going into
court, with the almost certainty of being rejected by one or the
other party, and the position was not an enviable one, if taken.
Ninety-six men were brought into court before the requisite panel
of 12 was full. The following are names of the jurors chosen:
Jesse Griffiths, Joseph Jones, Wm. Robertson, William Smith, Joseph
Massey, Silas Griffiths, Jonathan Foy, Solomon J. Hill, James
Gittings, F. M. Walton, Jabez A. Beebe, Gilmore Callison.
The trial lasted till the 30th when the jury was instructed by the
court and after a deliberation of several hours returned a verdict
of _not guilty_.
Instructions to the jury had been asked by both parties, the
following among a list of nine asked by defendants' counsel, were
given, and probably had most influence on the verdict.
"That where the evidence is circumstantial admitting all to be
proven that the evidence tends to prove, if then the jury can make
any supposition consistent with the facts, by which the murder
might have been committed without the agency of the defendants, it
will be their duty to make that supposition, and find defendants
not guilty.
"That in making up their verdict, they will exclude from their
consideration all that was said by Daniels, Brackenberry and Miss
Graham. [Witnesses, see note, p. 319.]
Public-domain text, read in full here on John Shaqi.
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