Account of Trial, [], Hancock Co., IL, 24–28 May 1845, State of IL v. Williams et al. (Hancock Co., IL, Circuit Court 1845). Published [ca. 30 July 1845] in Trial of the Persons Indicted in the Hancock Circuit Court for the Murder of Joseph Smith at the Carthage Jail, on the 27th Day of June, 1844, Warsaw, IL: Warsaw Signal, 1845.
and therefore they entered a motion to quash the array of jurors; to set aside the and his deputies. and to appoint to select a jury for the case. After argument, the Court decided to quash the array—set aside the and his deputies—and, the being absent from the , to appoint two Elisors to select the jury.
On Thursday morning, the 22d. and , have been agreed on as proper persons to act as Elizors, between the Defendants counsel and the , were appointed to that office by the Court, and having taken the necessary oath, proceeded immediately to the discharge of their duties. On the opening of the evening session of the Court, twenty-four persons were returned as jurors, and from this number five were selected. Another twenty-four were reported, and but two found who were not challenged either peremptorily or for cause.
On Friday the 23d, the Elisors did not report any jurors until the evening session, at which time twenty-four being returned, four were chosen, and twenty-four more being named, one was chosen, which completed the panel.
The jury consisted of the following persons, to wit: Jabez A. Bebee, Frederick M. Walton, Silas Griffits, James Gettings, Jonathan Foy, Joseph Massie, William Smith, Joseph M. Jones, William Robertson, Jessie Griffits, Solomon J. Hill and Gilmore Callison.
The , in making up the jury, exhausted thirty-six out of fifty peremptory challenges, to which he was entitled; and the Defendants, twelve, out of one hundred to which they were entitled.
. the Agent of , conducted the prosecution.
, , , , and Esqrs. conducted the defence.
On Saturday the 24th, the examination of witnesses commenced, and proceeded as follows:
Josiah [Jonas] Hobart sworn. I live in and did on the 27th day of June 1844, when Joe Smith was killed. It was about 5 o’clock P. M. Was present at the jail, but did not see the men killed. I saw Smith after he was dead. Heard guns fired—was then at home, about 100 yards from the jail. Did not see Smith fall from jail window. He fell from the east side and I was on the south side. Examined his wounds. He was shot in the right breast; abdomen and left shoulder. Shot a little below the right pap. He was dead before I saw him. The wound in the breast was mortal, and think it was made with a rifle ball. Saw a great crowd of people at the jail, but none that I knew. There were probably 150 there—some if them disguised. Saw none of the defendants there. Crowd left soon after Smiths were killed and went west. I was told by one of the guard to stand back. There was so much excitement, I hardly knew what took place. I knew Joe Smith. Was at the jail two minutes or less before the crowd left—could not have been more. Heard nothing said by crowd about killing Smiths. None of the crowd examined him. The mob walked off pretty fast. They were armed with muskets and a peculiar kind of rifles with spring breeches—also had knives. Saw one man have a knife. Heard no orders, nor saw any one in command. There was much noise at the time. Should think about 30 guns fired. [p. 2]