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.
was living there; was preparing coffee in the kitchen. Do not know whether I went in with the crown to supper. Was not in the house much till supper was ready. I supposed they had been to . I think the wounded man was [John] Wills. He said he was wounded in the hand or wrist. Did not hear him say who wounded him. I was there at the usual supper. Think and Grover were not there at breakfast. The encampment was half a mile off. There was an alarm in town during the latter part of the night, by firing of guns, and much consternation. Was not then at the house there was no alarm after that, that I know of. No alarm next night. Think all fear by that time had subsided. The alarm on the night of the 27th was general.
Mrs. Ann Fleming sworn. I recollect the day the Smiths were killed, was then residing at Warsaw House, which my husband kept. I was at the house all that evening and night. Was in my room when I received the first intelligence of the death of the Smiths. Know . Did not see him or [James] Gregg ride up in a 2 horse buggy about dark; had not conversation with that evening about the murder of the Smiths, or on any other subject. and Gregg did not come into the hall and call on me for water. I remember a number of men coming after night for supper.—Was at that time well acquainted with Capt. [William] Grover; he boarded at my house. I did not see him among the number that came there to supper that night. He did not bring a wounded man to the kitchen, and ask my permission for him to sit by the fire. There was a wounded man sitting by the fire. I know Capt. Grover did not bring him there.
Cross Examined. I saw the wounded man when he first came into the kitchen. Dont know who went into the kitchen, but know it was not Capt. Grover or . Grover and might have been there and I not see them. I was not in the dining room much; was not in the bar room at all. Did not hear them talk about being at , or about the Smiths or Mormons. Do not recollect of seeing that afternoon; think I should recollect if I had seen . Think one of my brothers first told me of the death of the Smiths, about sun-down that evening. Am not sure it was my brother, but it was one of the family; know it was not . There were a good many people there late in the evening, and not before dark; they came for supper about nine. Got through about 2, I think. There was some alarm that night, and some of the people left. I went to the next night. I recollect some who were there that night—Key was there. The wounded man had a quilt on him. Don’t think I knew them who put the quilt on him. Capt. [E. W.] Gould was there all through supper. Eliza Graham was there, and my mother-in-law, Hannah Fleming, and Mrs. Dearborn. Mrs. Garroutte [Adeline Garoutte] was in bed. Mr. [Ashbel] Genung was there; has been living in . Gregg lives in also. Key called for supper. He called on me.
The testimony closed on Wednesday, the 28th, at noon, when the argument of counsel commenced and continued until Friday at 12 M. when the case was given to the jury. The Court then adjourned to meet at 2 o’clock P. M. On the opening of Court, in the afternoon, the jury appeared with a verdict of “Not Guil[t]y.”
Immediately on this verdict being announced, the Defendants asked that the trial on the for the of should commence immediately; but this was denied them, for want of time. The Court however, ordered a Special Term for the trial of said indictment to commence on the 19th day of June 1845. On Wednesday, the 20th of June the court having met pursuant to said order, and no prosecutor appearing the dismissed the case for want of prosecution. [p. 32]