Joseph, , and 13 others appeared <​were taken​> before Robert F. Smith, a justice of the peace residing in (he being also Captain of the Carthage Greys) on the charge of riot in destroying the printing press of the Nauvoo Expositor.<​*​> <​one of the Prosecutors​> mentioned some affidavits which were not there, and moved an adjournment.

and , on behalf of the Defendants, objected to an adjournment, and said that the court was not authorized to take recognizances without their acknowledging their guilt, or having witnesses to prove it,

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<​* It is worthy of notice here that when the Defendants went before , the prosecution objected, and insisted that they should be taken before the Justice who issued the writ, viz. ; and that had also stated in his letter to Gen. Joseph Smith that he must go before the in who issued the writ. But when the prosecution had the Defendants in their own power in , they could <​then​> ride over their own objections by taking them before another Justice who was known to be a greater enemy to the Defendants than , and moreover <​before​> one who was not only a Justice of the Peace, but also the Military Commander of a company of Carthage Greys who had already been arrested for mutiny.​> [p. 18]