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State of Illinois v. Williams et al., Hancock Co., IL, Circuit Court, 30 May 1845
For a more detailed account of this trial, 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.
Richards, Journal, 28 June 1844; Willard Richards et al., Carthage, IL, to Emma Smith, Nauvoo, IL, 27 June 1844, in “Awful Assassination! The Pledged Faith of the State of Illinois Stained With Innocent Blood by a Mob!,” Nauvoo Neighbor, Extra, 30 June 1844, [1].
Richards, Willard. Journals, 1836–1853. Willard Richards, Papers, 1821–1854. CHL. MS 1490, boxes 1–2.
Nauvoo Neighbor. Nauvoo, IL. 1843–1845.
Message of the Governor of the State of Illinois, 19–20; see also Thomas Ford, Springfield, IL, to Willard Richards and William W. Phelps, Nauvoo, IL, 8 Sept. 1844, Willard Richards Journals and Papers, CHL.
Richards, Willard. Journals and Papers, 1821–1854. CHL. MS 1490.
Letter, William W. Phelps and Willard Richards to Thomas Ford, 4 July 1844, John McEwan First Copy; Thomas Ford, Quincy, IL, to Willard Richards and William W. Phelps, Nauvoo, IL, 17 July 1844, Willard Richards Journals and Papers, CHL; Thomas Ford, Springfield, IL, to Willard Richards and William W. Phelps, Nauvoo, IL, 8 Sept. 1844, Willard Richards Journals and Papers, CHL.
Richards, Willard. Journals and Papers, 1821–1854. CHL. MS 1490.
See Thomas Ford, Springfield, IL, to Willard Richards and William W. Phelps, Nauvoo, IL, 8 Sept. 1844, Willard Richards Journals and Papers, CHL.
Richards, Willard. Journals and Papers, 1821–1854. CHL. MS 1490.
“Election,” Nauvoo Neighbor, 7 Aug. 1844, [3]; “Election Returns of Hancock County—Official Vote,” Nauvoo Neighbor, 14 Aug. 1844, [3]; “What Next,” Warsaw Signal, 21 Aug. 1844, [2].
Nauvoo Neighbor. Nauvoo, IL. 1843–1845.
Warsaw Signal. Warsaw, IL. 1841–1853.
Franklin Worrell, Carthage, IL, to Thomas Gregg, Rock Island, Illinois, 8 Aug. 1844, copy, Thomas C. Sharp Papers, CHL; Editorial, Warsaw Signal, 21 Aug. 1844, [2].
Sharp, Thomas C. Papers, 1844–1846. Microfilm. CHL. MS 8829, item 3.
Warsaw Signal. Warsaw, IL. 1841–1853.
Oaks and Hill, Carthage Conspiracy, 46. Because Latter-day Saints had supported the Democratic candidate for Congress, many of their opponents claimed that the Saints had made a corrupt bargain with Democratic governor Ford to support his political party in exchange for his support in prosecuting their enemies in Hancock County. This claim would be repeated during the trial by defense attorney Onias Skinner. (Thomas Ford, Springfield, IL, to Willard Richards and William W. Phelps, Nauvoo, IL, 8 Sept. 1844, Willard Richards Journals and Papers, CHL; Closing Argument of Onias Skinner, 29 May 1845, Copy [State of Illinois v. Williams et al.].)
Oaks, Dallin H., and Marvin S. Hill. Carthage Conspiracy: The Trial of the Accused Assassins of Joseph Smith. Urbana: University of Illinois Press, 1975.
Richards, Willard. Journals and Papers, 1821–1854. CHL. MS 1490.
“His Excellency’s Gullibility,” Warsaw Signal, 25 Sept. 1844, [2]; Message of the Governor of the State of Illinois, 19–20; Clayton, Journal, 13 Sept. 1844.
Warsaw Signal. Warsaw, IL. 1841–1853.
Clayton, William. Journals, 1842–1845. CHL.
Editorial, Illinois State Register (Springfield), 20 Sept. 1844, [2]; “‘High diddle, diddle!’,” Sangamo Journal (Springfield, IL), 19 Sept. 1844, [3]; “The Mormon Difficulties Not Ended,” Quincy (IL) Whig, 25 Sept. 1844, [2].
Illinois State Register. Springfield, IL. 1839–1861.
Sangamo Journal. Springfield, IL. 1831–1847.
Quincy Whig. Quincy, IL. 1838–1856.
In his later History of Illinois, Ford conceded that “as much as anything else the expedition under General [John J.] Hardin had been ordered with a view to arrest the murderers.” (“Further Remarks—The Mormon Difficulties,” Sangamo Journal [Springfield, IL], 26 Sept. 1844, [2]; Ford, History of Illinois, 367.)
Sangamo Journal. Springfield, IL. 1831–1847.
Ford, Thomas. A History of Illinois, from Its Commencement as a State in 1818 to 1847. Containing a Full Account of the Black Hawk War, the Rise, Progress, and Fall of Mormonism, the Alton and Lovejoy Riots, and Other Important and Interesting Events. Chicago: S. C. Griggs; New York: Ivison and Phinney, 1854.
Thomas Ford to Willard Richards and William W. Phelps, 8 Sept. 1844, Willard Richards Journals and Papers, CHL.
Richards, Willard. Journals and Papers, 1821–1854. CHL. MS 1490.
Although both the complaint and the warrant were dated 21 September, George A. Smith wrote in his journal that they were created during the 22 September meeting with McConnel. (Young, Journal, 22 Sept. 1844; George A. Smith, Journal, 22 Sept. 1844; Historical Department, Journal History of the Church, 22 Sept. 1844; “Civil Matters,” Nauvoo Neighbor 2 Oct. 1844, [2]; Complaint, 22 Sept. 1844 [State of Illinois v. Williams et al.]; Warrant, 22 Sept. 1844 [State of Illinois v. Williams et al.]; Oaks and Hill, Carthage Conspiracy, 37–38.)
Young, Brigham. Journals, 1832–1877. Brigham Young Office Files, 1832–1878. CHL. CR 1234 1, boxes 71–73.
Smith, George A. Journal, 22 Feb. 1841–10 Mar. 1845. George Albert Smith, Papers, 1834–1877. CHL. MS 1322, box 2, fd. 4.
Historical Department. Journal History of the Church, 1896–. CHL. CR 100 137.
Nauvoo Neighbor. Nauvoo, IL. 1843–1845.
Oaks, Dallin H., and Marvin S. Hill. Carthage Conspiracy: The Trial of the Accused Assassins of Joseph Smith. Urbana: University of Illinois Press, 1975.
According to a later history of JS by Hancock County historian Thomas Gregg, these writs were all issued by Aaron Johnson. Although they were prominent dissenters from JS’s leadership, it is unclear from existing sources why Law and the Fosters were accused of participating in JS’s murder. In contrast, Jackson allegedly publicly bragged of his involvement and admitted it in a letter to Emma Smith. Law and the Fosters refused to submit to arrest in early October, arguing they had been in Iowa Territory at the time of the murders and had nothing to do with them. Ultimately, they traveled to Quincy, Illinois, on 4 October 1844 to seek counsel from circuit court judge Jesse B. Thomas, who said he could not act in any official capacity but advised them to ignore the warrants. (Gregg, Prophet of Palmyra, 294–295; “Another Scene in the Farce,” Quincy [IL] Whig, 9 Oct. 1844, [2]; “History of the Latest Mormon War,” Warsaw Signal, 9 Oct. 1844, [2]; “The Mormons,” New York Daily Herald, 12 Sept. 1844, [2]; Oaks and Hill, Carthage Conspiracy, 38.)
Gregg, Thomas. The Prophet of Palmyra: Mormonism Reviewed and Examined in the Life, Character, and Career of its Founder, from “Cumorah Hill” to Carthage Jail and the Desert, Together with a Complete History of the Mormon Era in Illinois, and an Exhaustive Investigation of the “Spalding Manuscript” Theory of the Origin of the Book of Mormon. New York: John B. Alden, 1890.
Quincy Whig. Quincy, IL. 1838–1856.
Warsaw Signal. Warsaw, IL. 1841–1853.
New York Daily Herald. New York City. 1836–1920.
Oaks, Dallin H., and Marvin S. Hill. Carthage Conspiracy: The Trial of the Accused Assassins of Joseph Smith. Urbana: University of Illinois Press, 1975.
George A. Smith claimed they declined because they lacked authority, but William Clayton stated that it was because they feared a posse from Nauvoo would bring them “into collision with the mob.” (Young, Journal, 22 Sept. 1844; George A. Smith, Journal, 24 Sept. 1844; Clayton, Journal, 24 Sept. 1844.)
Young, Brigham. Journals, 1832–1877. Brigham Young Office Files, 1832–1878. CHL. CR 1234 1, boxes 71–73.
Smith, George A. Journal, 22 Feb. 1841–10 Mar. 1845. George Albert Smith, Papers, 1834–1877. CHL. MS 1322, box 2, fd. 4.
Clayton, William. Journals, 1842–1845. CHL.
On 24 September, a lone Hancock County deputy sheriff traveled to Warsaw. Williams managed to avoid the deputy, while Sharp, when confronted, refused to comply with the writ, fearing that he would be taken to Nauvoo. Thereupon, the deputy left without incident. (Thomas C. Sharp, “Postscript,” Warsaw Signal, 25 Sept. 1844, [2]; “History of the Latest Mormon War,” Warsaw Signal, 9 Oct. 1844, [2].)
Warsaw Signal. Warsaw, IL. 1841–1853.
“History of the Latest Mormon War,” Warsaw Signal, 9 Oct. 1844, [2]; Ford, History of Illinois, 365–366. On 27 September, Ford issued a proclamation offering $200 for the capture of any of the three fugitives. Although copies of this proclamation were printed, Ford determined not to circulate them. (Proclamation, 27 Sept. 1844 [State of Illinois v. Williams et al.]; “Civil Matters,” Nauvoo Neighbor, 2 Oct. 1844, [2].)
Warsaw Signal. Warsaw, IL. 1841–1853.
Ford, Thomas. A History of Illinois, from Its Commencement as a State in 1818 to 1847. Containing a Full Account of the Black Hawk War, the Rise, Progress, and Fall of Mormonism, the Alton and Lovejoy Riots, and Other Important and Interesting Events. Chicago: S. C. Griggs; New York: Ivison and Phinney, 1854.
Nauvoo Neighbor. Nauvoo, IL. 1843–1845.
“History of the Latest Mormon War,” Warsaw Signal, 9 Oct. 1844, [2]; Ford, History of Illinois, 365–366.
Warsaw Signal. Warsaw, IL. 1841–1853.
Ford, Thomas. A History of Illinois, from Its Commencement as a State in 1818 to 1847. Containing a Full Account of the Black Hawk War, the Rise, Progress, and Fall of Mormonism, the Alton and Lovejoy Riots, and Other Important and Interesting Events. Chicago: S. C. Griggs; New York: Ivison and Phinney, 1854.
The Warsaw Signal reported that Joseph H. Jackson, the third fugitive, remained in Missouri, too sick to cross the river, although the newspaper acknowledged that it was unclear whether he would have surrendered even if he had been well enough to do so. (“Events of the Week,” Warsaw Signal, 2 Oct. 1844, [1].)
Warsaw Signal. Warsaw, IL. 1841–1853.
Illinois Constitution of 1818, art. 8 sec. 13, in Public and General Statute Laws of the State of Illinois, p. 34; Jesse B. Thomas to Edward D. Baker, 2 Oct. 1844, in “History of the Latest Mormon War,” Warsaw Signal, 9 Oct. 1844, [2]; see also An Act to Regulate the Apprehension of Offenders, and for Other Purposes [6 Jan. 1827], Public and General Statute Laws of the State of Illinois, pp. 237–238, secs. 1, 3.
The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.
Warsaw Signal. Warsaw, IL. 1841–1853.
The agreement stipulated that the defendants protested their innocence and that their recognizance was not a recognition of any probable cause but was merely a means to save time and expense. (Agreement, 2 Oct. 1844 [State of Illinois v. Williams et al.].)
Hancock Co., IL, Circuit Court Records, vol. D, pp. 162–163, microfilm 947,946, U.S. and Canada Record Collection, FHL; Venire Facias, 9 Sept. 1844.
U.S. and Canada Record Collection. FHL.
Indictment, 26 Oct. 1844 [State of Illinois v. Williams et al.]. Thomas Sharp claimed in the Warsaw Signal that the grand jury was deadlocked for the first three days of deliberation until two Latter-day Saint witnesses offered secret testimony. According to Sharp, the grand jury doubted the credibility of the witnesses but felt pressured to procure indictments. Hancock County historian Thomas Gregg later wrote that the grand jury started the investigation with about sixty named individuals, but failing to obtain an indictment against all sixty, the jurors gradually narrowed the list until they could agree. Wills, Voras, and Gallaher had reportedly been shot by JS in the attack, providing concrete evidence of their participation in the murder. (“Indictments,” Warsaw Signal, 30 Oct. 1844, [2]; Gregg, Prophet of Palmyra, 301–302; Oaks and Hill, Carthage Conspiracy, 52–53.)
Warsaw Signal. Warsaw, IL. 1841–1853.
Gregg, Thomas. The Prophet of Palmyra: Mormonism Reviewed and Examined in the Life, Character, and Career of its Founder, from “Cumorah Hill” to Carthage Jail and the Desert, Together with a Complete History of the Mormon Era in Illinois, and an Exhaustive Investigation of the “Spalding Manuscript” Theory of the Origin of the Book of Mormon. New York: John B. Alden, 1890.
Oaks, Dallin H., and Marvin S. Hill. Carthage Conspiracy: The Trial of the Accused Assassins of Joseph Smith. Urbana: University of Illinois Press, 1975.
Nehemiah Bushnell, one of the participants in the negotiations, later explained that the general terms of the agreement were easily settled and that the primary dispute was over whether this agreement should be written. He claimed that the defense attorneys insisted on a written agreement but that the prosecutor vacillated over their proposal and ultimately rejected a written agreement in favor of a spoken one. (“Indictments,” Warsaw Signal, 30 Oct. 1844, [2]; “That Agreement,” Warsaw Signal, 18 Dec. 1844, [2]; Gregg, History of Hancock County, 328–329; Praecipe, 26 Oct. 1844 [State of Illinois v. Williams et al.]).
Warsaw Signal. Warsaw, IL. 1841–1853.
Gregg, Thomas. History of Hancock County, Illinois, Together with an Outline History of the State, and a Digest of State Laws. Chicago: Charles C. Chapman, 1880.
Illinois Constitution of 1818, art. 8 sec. 13, in Public and General Statute Laws of the State of Illinois, p. 34; An Act to Regulate the Apprehension of Offenders, and for Other Purposes [6 Jan. 1827], Public and General Statute Laws of the State of Illinois, pp. 237–238, secs. 1, 3.
The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.
According to observers, the initial agreement was contingent upon the defendants not making any attempts to evade the trial. It is possible that the judge or prosecutor believed the defendants were attempting to escape. Alternatively, some contemporary observers saw the November warrant as a ploy by Thomas Ford or others to enact political revenge against the indicted state senator Jacob Davis. (“That Agreement,” Warsaw Signal, 18 Dec. 1844, [2]; “A Malicious Movement,” Warsaw Signal, 4 Dec. 1844, [2]; Oaks and Hill, Carthage Conspiracy, 64–66.)
Warsaw Signal. Warsaw, IL. 1841–1853.
Oaks, Dallin H., and Marvin S. Hill. Carthage Conspiracy: The Trial of the Accused Assassins of Joseph Smith. Urbana: University of Illinois Press, 1975.
Shortly after the warrant was issued, Deming arrived in Warsaw with a small posse to execute it. Forewarned, the defendants in the city determined to hide and avoid arrest at all costs, while their allies intimidated the officers by publicly displaying and cleaning guns. Although Deming and his posse avoided open conflict, a group of vigilantes surreptitiously shaved his horse’s mane and tail as a warning and act of humiliation. (“A Malicious Movement,” Warsaw Signal, 4 Dec. 1844, [2]; “That Agreement,” Warsaw Signal, 18 Dec. 1844, [2].)
Warsaw Signal. Warsaw, IL. 1841–1853.
Journal of the Senate . . . of Illinois, 26 Dec. 1844, 3, 117–118, 121–122; “Arrest of the Hon. Jacob C. Davis,” Reports Made to the Senate and House of Representatives of the State of Illinois, 157–158.
Journal of the Senate of the Fourteenth General Assembly of the State of Illinois, at Their Regular Session, Begun and Held at Springfield, December 2, 1844. Springfield, IL: Walters & Weber, 1844.
Reports Made to the Senate and House of Representatives of the State of Illinois, at Their Session Begun and Held at Springfield, December 2, 1844. Vol. 1. Springfield, IL: Walters and Weber, 1845.
According to a local historian of Hamilton, Ohio, Elliott later acknowledged his role in the attack and claimed credit for having murdered JS. (“To the Public,” Warsaw Signal, 19 Feb. 1845, [2]; “Arrest and Commitment of J. C. Elliott,” Warsaw Signal, 19 Feb. 1845, [3]; “Re-Capture of J. C. Elliott, Warsaw Signal, 12 Mar. 1845, [2]; “Second Escape of J. C. Elliott,” Warsaw Signal, 19 Mar. 1845, [2]; Cone, Biographical and Historical Sketches, 181–188.)
Warsaw Signal. Warsaw, IL. 1841–1853.
Cone, Stephen D. Biographical and Historical Sketches: A Narrative of Hamilton and Its Residents from 1792 to 1896. Hamilton, Ohio: Republican Publishing Company, 1896.
Brackenbury was arrested on 10 March in Nauvoo. Fearing for his life if taken to Augusta, an armed mob of Latter-day Saints intercepted the officers at the Nauvoo Mansion and Brackenbury was freed. He later surrendered to authorities after Brigham Young arranged for an armed guard to escort him to his hearing in Augusta. Before a hearing could be held, however, Brackenbury obtained a writ of habeas corpus in Quincy and was freed. According to a draft bill of indictment that was never approved, Brackenbury was accused of lying about Levi Williams being on horseback at the jail in Carthage at the time of the assault. (Docket, 12 May 1845, State of Illinois v. Brackenbury [J.P. Ct. 1845], microfilm, Hancock Co., IL, Circuit Court, Cases Files, 1830–1847, CHL; Huntington, “History of Oliver Boardman Huntington,” 100; Clayton, Journal, 10 Mar. 1845; Stout, Journal, 13 Mar. 1845; Taylor, Journal, [Mar. 1845], 44–46; Oaks and Hill, Carthage Conspiracy, 68–69, 81; Bill of Indictment, May 1845, State of Illinois v. Brackenbury [Hancock Co. Cir. Ct. 1845], copy, CHL.)
Hancock Co., IL, Circuit Court. Court Cases Files, 1830–1846. Microfilm. CHL.
Huntington, Oliver B. “History of Oliver Boardman Huntington,” 1845–1846. BYU.
Clayton, William. Journals, 1842–1845. CHL.
Stout, Hosea. Journal, Oct. 1844–May 1845. CHL. MS 1910.
Taylor, John. Journal, Dec. 1844–Sept. 1845. CHL.
Oaks, Dallin H., and Marvin S. Hill. Carthage Conspiracy: The Trial of the Accused Assassins of Joseph Smith. Urbana: University of Illinois Press, 1975.
Bill of Indictment, May 1845, Draft, for State of Illinois v. Brackenbury [Hancock Co. Cir. Ct. 1845], photocopy, Hancock Co., IL, Circuit Court, Bill of Indictment against Benjamin Brackenbury, CHL.
Docket, 12 May 1845, State of Illinois v. Brackenbury [J.P. Ct. 1845], microfilm, Hancock Co., IL, Circuit Court, Cases Files, 1830–1847, CHL; Huntington, “History of Oliver Boardman Huntington,” 100; Clayton, Journal, 10 Mar. 1845; Stout, Journal, 13 Mar. 1845; Taylor, Journal, [Mar. 1845], 44–46; Oaks and Hill, Carthage Conspiracy, 68–69, 81.
Hancock Co., IL, Circuit Court. Court Cases Files, 1830–1846. Microfilm. CHL.
Huntington, Oliver B. “History of Oliver Boardman Huntington,” 1845–1846. BYU.
Clayton, William. Journals, 1842–1845. CHL.
Stout, Hosea. Journal, Oct. 1844–May 1845. CHL. MS 1910.
Taylor, John. Journal, Dec. 1844–Sept. 1845. CHL.
Oaks, Dallin H., and Marvin S. Hill. Carthage Conspiracy: The Trial of the Accused Assassins of Joseph Smith. Urbana: University of Illinois Press, 1975.
Generally, church leaders privately determined to hide from law officers to avoid being arrested, summoned, or subpoenaed to court. However, apostle John Taylor, who had been seriously wounded in the June 1844 attack on the jail, took a much stronger stance; in private conversations with Deming, public sermons in Nauvoo, and editorials in the Nauvoo Neighbor, he advocated open and total resistance to legal process, going so far as to warn that if any officer tried to arrest him, he would shoot them. (See Council of Fifty, Minutes, 11 Mar. 1845; 15 Apr. 1845; 6 May 1845; Clayton, Journal, 6 May 1845; Taylor, Journal, 44–46, 54–55; “The Old Tune,” Nauvoo Neighbor, 16 Apr. 1845, [3]; Letters to the Editor, Nauvoo Neighbor, 16 Apr. 1845, [3]; “Our Rights,” Nauvoo Neighbor, 23 Apr. 1845, [2]; and “The Late Writs,” Nauvoo Neighbor, 23 Apr. 1845, [2].)
Clayton, William. Journals, 1842–1845. CHL.
Taylor, John. Journal, Dec. 1844–Sept. 1845. CHL.
Nauvoo Neighbor. Nauvoo, IL. 1843–1845.
George A. Smith and John Smith, Nauvoo, IL, to Josiah Lamborn, Carthage, IL, 21 May 1845, copy, Brigham Young Office Files, CHL.
Brigham Young Office Files, 1832–1878. CHL. CR 1234 1.
Hancock Co., IL, Circuit Court Records, vol. D, p. 231, microfilm 947,496, U.S. and Canada Record Collection, FHL.
U.S. and Canada Record Collection. FHL.
See for example, “The Mormon Trials,” Missouri Republican, 27 May 1845, [2]; and Letter to the Editor, Burlington (IA) Hawk-Eye, 5 June 1845, [2–3].
Missouri Republican. St. Louis. 1822–1919.
Burlington Hawk-Eye. Burlington, IA. 1845–1851?.
Account of Trial, 24–28 May 1845–A [State of Illinois v. Williams et al.]; Account of Trial, 24–28 May 1845–B [State of Illinois v. Williams et al.]. Skinner later made use of some of Wheat’s notes to flesh out his own account of portions of the trial. (Closing Argument of Onias Skinner, 29 May 1845 [State of Illinois v. Williams et al.]; Closing Argument of Onias Skinner, 29 May 1845, Copy [State of Illinois v. Williams et al.].)
Account of Trial, 21–28 May 1845, Shorthand [State of Illinois v. Williams et al.]. It is unclear whether church leaders assigned Watt to attend the trial or whether he did so of his own volition. The day after he returned from Carthage, following the trial, church leaders appointed him the official church reporter. Watt’s notes were later transcribed, expanded, and edited for partial inclusion in the manuscript history of the church. According to the history, Watt smuggled the pages out through a window “about every hour.” This story suggests that Watt wrote his shorthand minutes on loose sheets of paper that could be regularly smuggled out in small batches. However, Watt’s shorthand minutes of the trial are recorded in six small handmade notebooks, which could not have been handed out at regular intervals. (Clayton, Journal, 31 May and 1 June 1845; Account of Trial, 21–28 May 1845, Longhand [State of Illinois v. Williams et al.]; Levi Williams Trial, 19–30 May 1845, Brigham Young History Documents, 1844–1866, CHL; Historian’s Office, History of the Church, 1838–ca. 1882, vol. 14, pp. 85–88.)
Clayton, William. Journals, 1842–1845. CHL.
Historian’s Office. Brigham Young History Documents, 1844–1866. CHL.
Historian’s Office. History of the Church, 1838–ca. 1882. 69 vols. CHL. Volumes 1–12 (labeled A-1–F-1, C-1 addenda, and A-2–E-2) are designated herein as “JS History.” See JS History.
Account of Trial, 24–28 May 1845–A, as Published in Trial of the Persons Indicted [State of Illinois v. Williams et al.]; Account of Trial, 21–28 May 1845, Longhand [State of Illinois v. Williams et al.]; Ford, History of Illinois, 368; Affidavit, 21 May 1845 [State of Illinois v. Williams et al.].
Ford, Thomas. A History of Illinois, from Its Commencement as a State in 1818 to 1847. Containing a Full Account of the Black Hawk War, the Rise, Progress, and Fall of Mormonism, the Alton and Lovejoy Riots, and Other Important and Interesting Events. Chicago: S. C. Griggs; New York: Ivison and Phinney, 1854.
Ordinarily, if additional jury members were needed, the court could authorize the sheriff to replace them. If the sheriff was an interested party to the case, this could be performed by the coroner instead. Illinois law also allowed for the creation of an elisor to perform the duties of a sheriff if neither the sheriff nor the coroner was able to act. (Jurors [3 Mar. 1845], Revised Statutes of the State of Illinois, p. 310, sec. 10; Sheriffs and Coroners [3 Mar. 1845], Revised Statutes of the State of Illinois, p. 517, sec. 18.)
Revised Statutes of the State of Illinois, Adopted by the General Assembly of Said State, at Its Regular Session, Held in the Years, A. D., 1844–’5. Springfield, IL: William Walters, 1845.
Account of Trial, 21–28 May 1845, Longhand [State of Illinois v. Williams et al.]; Blackstone, Commentaries, vol. 2, bk. 4, pp. 274, 277.
Blackstone, William. Commentaries on the Laws of England: In Four Books; with an Analysis of the Work. By Sir William Blackstone, Knt. One of the Justices of the Court of Common Pleas. In Two Volumes, from the Eighteenth London Edition. . . . 2 vols. New York: W. E. Dean, 1840.
Account of Trial, 21–28 May 1845, Longhand [State of Illinois v. Williams et al.]. This decision was heralded by the defendants and their allies as providing precedent to undermine Latter-day Saint control of county government in the future. In his history of Illinois, Thomas Ford identified it as a signifier that ordinary rules of law no longer prevailed in the county as Latter-day Saints could now get favorable juries through their elected county officers and their opponents could bypass those officers to appoint their own favorable juries through elisors. (Oaks and Hill, Carthage Conspiracy, 102; Ford, History of Illinois, 369.)
Oaks, Dallin H., and Marvin S. Hill. Carthage Conspiracy: The Trial of the Accused Assassins of Joseph Smith. Urbana: University of Illinois Press, 1975.
Ford, Thomas. A History of Illinois, from Its Commencement as a State in 1818 to 1847. Containing a Full Account of the Black Hawk War, the Rise, Progress, and Fall of Mormonism, the Alton and Lovejoy Riots, and Other Important and Interesting Events. Chicago: S. C. Griggs; New York: Ivison and Phinney, 1854.
Venire Facias, 22 May 1845 [State of Illinois v. Williams et al.]; Alias Venire Facias, 22 May 1845 [State of Illinois v. Williams et al.]; Docket Entry, Writs of Venire Facias, 22 May 1845 [State of Illinois v. Williams et al.]; Docket Entry, Pluries Venire Facias, 23 May 1845 [State of Illinois v. Williams et al.]; Oaks and Hill, Carthage Conspiracy, 104–107.
Oaks, Dallin H., and Marvin S. Hill. Carthage Conspiracy: The Trial of the Accused Assassins of Joseph Smith. Urbana: University of Illinois Press, 1975.
Account of Trial, 21–28 May 1845, Longhand [State of Illinois v. Williams et al.]. For a more in-depth discussion of the trial testimony, see Oaks and Hill, Carthage Conspiracy, chaps. 8–10.
Oaks, Dallin H., and Marvin S. Hill. Carthage Conspiracy: The Trial of the Accused Assassins of Joseph Smith. Urbana: University of Illinois Press, 1975.
A handful of witnesses had failed to appear before the court and had to be arrested and brought to court by force. At least two men were held in contempt of court for failing to appear as ordered. (Docket Entry, Attachments, 24 May 1845 [State of Illinois v. Williams et al.]; Docket Entry, Attachment, 30 May 1845–A [State of Illinois v. Williams et al.]; Docket Entry, Attachment, 30 May 1845–B [State of Illinois v. Williams et al.].)
Account of Trial, 21–28 May 1845, Longhand [State of Illinois v. Williams et al.]; William Daniels, Letter to the Editor, Nauvoo Neighbor, 6 Nov. 1844, [3].
Nauvoo Neighbor. Nauvoo, IL. 1843–1845.
Brown, Nauvoo Sealings, Adoptions, and Anointings, 230.
Brown, Lisle G., comp. Nauvoo Sealings, Adoptions, and Anointings: A Comprehensive Register of Persons Receiving LDS Temple Ordinances, 1841–1846. Salt Lake City: Smith-Pettit Foundation, 2006.
Account of Trial, 21–28 May 1845, Longhand [State of Illinois v. Williams et al.]; Daniels, Correct Account of the Murder, 13–15; “The Murder at Carthage,” Nauvoo Neighbor, 30 Apr. 1845, [2]; “Ho A Daniels’ Come for Judgment,” Nauvoo Neighbor, 7 May 1845, [3].
Daniels, William M. A Correct Account of the Murder of Generals Joseph and Hyrum Smith, at Carthage on the 27th Day of June, 1844. Nauvoo, IL: John Taylor, 1845.
Nauvoo Neighbor. Nauvoo, IL. 1843–1845.
For more on Daniels’s testimony, see Jessee, “Return to Carthage,” 14–18.
Jessee, Dean C. “Return to Carthage: Writing the History of Joseph Smith’s Martyrdom,” Journal of Mormon History 8 (1981): 3–19
Although a number of inconsistencies were mentioned, the primary issue was the same as the basis for the earlier charge of perjury. Allegedly Brackenbury told the grand jury that Williams had been on horseback at the time of the attack, though at the trial he testified that Williams was on foot. (Account of Trial, 21–28 May 1845, Longhand [State of Illinois v. Williams et al.].)
Hancock Co., IL, Circuit Court Records, 1829–1897, vol. D, p. 302, microfilm 947,496, U.S. and Canada Record Collection, FHL.
U.S. and Canada Record Collection. FHL.
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