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
Joseph claimed in this case that he was unlawfully held a prisoner, and
he could prove that the indictment upon which he was arrested had been
obtained by fraud, bribery and duress. This line of defense, however,
raised the question as to whether the court had the right to inquire
into the merits of the case. A long debate between opposing counsel
followed. But it will be remembered that an attempt to arrest Joseph
on the requisition from the governor of Missouri had been made in
September previous; and it appears that after the fruitless effort to
make the arrest, the sheriff of Hancock County returned the writ; and
the defense claimed that after the return of the writ to the executive,
the defendant could not be again legally arrested upon it. It was upon
this point that the court set Joseph at liberty. Following is Judge
Douglass' decision on this point:
The writ being once returned to the executive by the sheriff of
Hancock County was dead, and stood in the same relationship as
any other writ which might issue from the circuit court, and
consequently the defendant cannot be held in custody on that writ.
On the other point in the case--as to whether evidence in the case was
admissible--the judge withheld his opinion for further consideration,
as the question was a grave one, involving the future conduct of the
States in their relationship with each other; but on the ground that
the writ was void, dead by reason of a former return being made on
it by the sheriff of Hancock County, he ordered the discharge of the
prisoner. And Missouri was again foiled in her designs upon the life of
the Prophet.
At the conclusion of the trial Joseph ordered dinner for his company,
which numbered by that time some sixty men. "And when I called for the
tavern bill," says Joseph, "the unconscientious fellow replied, 'only
one hundred and sixty dollars.'" Some time after this, in September
following, Joseph sent the costs of this trial to the sheriff of Adams
County, of which the following is a copy:
NAUVOO, September 30, 1841.
_To the Deputy Sheriff of Adams County_:
The following is a statement of my expenses, costs and liabilities,
consequent upon my arrest and trial while in your custody, to-wit:
To amount of fees to Esquires Ralston, Warren & Co...$250.00
To Esquires Little, Williams, Walker and Browning...$100.00
To seven days for self, horse and carriage, @$5.00 per day...$35.00
To money spent during that time consequent upon arrest...$60.00
To twelve witnesses...$240.00
____________
$685.00
To which was added this note:
Public-domain text, read in full here on John Shaqi.
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