Footnotes
For additional details on the events leading to the deaths of JS and Hyrum Smith, see Oaks and Hill, Carthage Conspiracy.
Oaks, Dallin H., and Marvin S. Hill. Carthage Conspiracy: The Trial of the Accused Assassins of Joseph Smith. Urbana: University of Illinois Press, 1975.
“Awful Assassination of Joseph and Hyrum Smith,” Times and Seasons, 1 July 1844, 5:560; “Statement of Facts,” Times and Seasons, 1 July 1844, 5:564; see also Dan Jones, “The Martyrdom of Joseph Smith and His Brother, Hyrum!,” in Dennis, “Martyrdom of Joseph Smith and His Brother Hyrum,” 87.
Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.
Higbee was a prosecuting attorney in the case. The law Higbee read to support his motion to adjourn may have been “An Act Concerning Justices of the Peace and Constables,” section 8, which states that “previous to the commencement of any trial before a justice of the peace, either party may move to have such trial put off for a time not exceeding ten days, upon making proof, either upon his own oath, or that of a credible witness, that the said party cannot safely proceed to trial, on account of the absence of a material witness, or on account of any other cause or disability, which would prevent him from obtaining justice at such trial.” The affidavit to which Higbee referred may have offered the required “proof” that a key witness was unable to appear in court, or it may have been a missing key piece of evidence itself. (An Act Concerning Justices of the Peace and Constables [1 June 1827], Laws of the State of Illinois [1834–1837], p. 405.)
Laws of the State of Illinois, Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835. Vandalia, IL: J. Y. Sawyer, 1835.
Willard Richards probably meant to here inscribe the name of James Woods, who, with Reid, was serving as counsel for the defendants.
The law Reid read may have been “An Act to regulate the apprehension of offenders,” section 3, which states that before any judge in a criminal charge “shall commit such prisoner to jail, admit to bail, or discharge him or her from custody,” he must first “inquire into the truth or probability of the charge.” At this point in the proceedings, Reid, as counsel for the defense, apparently argued that the trial should proceed rather than adjourning (as adjournment would require that JS and the others continue to be incarcerated in Carthage) and releasing the prisoners on bail to appear at a later trial. Reid’s apparent resistance to the latter option seems based on his unwillingness to concede that a crime may have been committed, which the law required before bail could be set. (An Act to Regulate the Apprehension of Offenders, and for Other Purposes [1 July 1827], Laws of the State of Illinois [1834–1837], p. 238.)
Laws of the State of Illinois, Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835. Vandalia, IL: J. Y. Sawyer, 1835.
At this point, the defense appears to have lifted its objection to posting bail. According to later accounts, “because of the rage of the rioters” and “in order to prevent if possible, any increase of excitement,” the defendants “chose to post bail . . . rather than go to the inquiry.” (Dan Jones, “The Martyrdom of Joseph Smith and His Brother, Hyrum!,” in Dennis, “Martyrdom of Joseph Smith and His Brother Hyrum,” 87; see also “Statement of Facts,” Times and Seasons, 1 July 1844, 5:562.)
Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.
“An Act to regulate the apprehension of offenders” was part of Illinois’s criminal code. Reid may have been referring to a different law, or Willard Richards may have switched the order of “civil” and “criminal” as he recorded Reid’s statement. (An Act to Regulate the Apprehension of Offenders, and for Other Purposes [1 July 1827], Laws of the State of Illinois [1834–1837], p. 238.)
Laws of the State of Illinois, Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835. Vandalia, IL: J. Y. Sawyer, 1835.
The court’s question was apparently an inquiry “into the truth or probability of the charge.” Both the defense and the prosecution conceded that a crime may have been committed. The defense’s concession of this point was a reversal of its earlier position but necessary if setting bail was to be allowed. (An Act to Regulate the Apprehension of Offenders, and for Other Purposes [1 July 1827], Laws of the State of Illinois [1834–1837], p. 238.)
Laws of the State of Illinois, Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835. Vandalia, IL: J. Y. Sawyer, 1835.