On 20 May, JS learned that a summons would soon be issued for his arrest. (JS, Journal, 20 May 1844.)

In April 1844, Alexander Sympson claimed that JS had accused him of stabbing Richard Badham, though he, JS, did not actually believe Sympson had committed the crime. On 24 May 1844, the grand jury indicted JS for perjury, specifically, for “wickedly and maliciously contriving and intending unjustly to aggrieve” Sympson by falsely swearing against him. Foster, and presumably Jackson, had supplied the court with testimony in the case. The same day, the court ordered that a writ be issued for JS, returnable to the October term of the court, and that bail be set at five hundred dollars. (JS, Journal, 13 Apr. and 23 May 1844; Indictment, 24 May 1844; Order to Issue Capias, 24 May 1844, State of Illinois v. JS for Perjury [Hancock Co. Cir. Ct. 1844].)

On 23 May 1844, the grand jury at Carthage indicted JS for living in “an open state of adultery” with Maria Lawrence—whom later sources identify as a plural wife of JS—and for living in “an open state of adultery and fornication . . . with certain women to the jurors unknown.” The circuit court ordered JS discharged the following day, however, after state’s attorney Egbert Thompson indicated that he was “unwilling further to prosecute this suit.” Thompson’s decision was evidently based on a legal technicality, as the grand jury issued another indictment the same day (24 May), charging JS with the same crimes. William and Wilson Law were listed as witnesses on both indictments, and both men were subpoenaed on 27 May to testify in the case. A capias was issued for JS on 22 June 1844, returnable to the October term of the court. (Indictment, 23 May 1844; Indictment, 24 May 1844; Capias on Indictment, 22 June 1844, State of Illinois v. JS for Adultery [Hancock Co. Cir. Ct. 1844], Hancock Co., IL, Circuit Court Indictments and Arrest Warrant, CHL; Record of Defendant’s Discharge, 24 May 1844, State of Illinois v. JS for Adultery [Hancock Co. Cir. Ct. 1844], Hancock Co., IL, Circuit Court Records, vol. D, p. 128, microfilm 947,496, U.S. and Canada Record Collection, FHL; “Plural Marriage,” Historical Record, May 1887, 6:223; “Autobiography of Emily D. P. Young,” Woman’s Exponent, 1 Aug. 1885, 14:38; Subpoena for Wilson and William Law, 27 May 1844, State of Illinois v. JS for Adultery [Hancock Co. Cir. Ct. 1844], Illinois State Historical Library, Circuit Court Case Files, 1830–1900, microfilm, CHL.)

The Historical Record, a Monthly Periodical, Devoted Exclusively to Historical, Biographical, Chronological and Statistical Matters. Salt Lake City. 1882–1890.

Woman’s Exponent. Salt Lake City. 1872–1914.

This passage possibly refers to Jackson’s alleged involvement in a conspiracy to “destroy” JS’s family. Jackson was in Carthage two days later, and no record has been located indicating that he was arrested in Nauvoo at this time. (JS, Journal, 24 Mar. and 27 May 1844.)

Probably Edward Bonney, a member of the Council of Fifty. (Clayton, Journal, 18 Apr. 1844.)

Clayton, William. Journals, 1842–1845. CHL.

According to William Clayton, JS had “kept out of the way,” “kept close,” and “kept still” since learning on 20 May that a summons was to be issued for his arrest. JS went to Carthage for trial on 27 May. Almon Babbitt was acting as JS’s attorney in a court case involving Alexander Sympson and JS, and Roundy had attended the circuit court as a witness in the same case on 22–23 May 1844. (Clayton, Journal, 21–24 May 1844; JS, Journal, 20 and 27 May 1844; Defendant’s Plea, circa 21 May 1844; Witness Receipt for Shadrach Roundy, 23 May 1844, Sympson v. JS [McDonough Co. Cir. Ct. 1844], Western Illinois University Special Collections, Macomb, IL.)

Clayton, William. Journals, 1842–1845. CHL.

According to the minutes of the Council of Fifty, the meeting began at one o’clock in the afternoon. (Council of Fifty, “Record,” 25 May 1844.)

This was the third letter Hyde had sent from Washington DC reporting on his efforts to obtain a congressional act or presidential grant of authority that would make JS a member of the United States Army and authorize him to raise one hundred thousand armed volunteers to protect the interests of the United States in the Republic of Texas, Oregon Country, and other parts of the West. Hyde wrote that it appeared unlikely that Congress would pass the Saints’ bill, as it would be seen as detrimental to a bill David R. Atchison, chairman of the committee on Oregon, had introduced earlier. Suggesting that Oregon was too far to travel to anyway and “not a very good country when you arrive there,” Hyde proposed that the Saints ask Texas president Samuel Houston “what encouragement he could give” them if they were to “commence an immediate emmigration” to Texas and supply him with several thousand soldiers for use against Mexico. At the same time, however, Hyde also expressed his concern that the plan to form an independent Mormon republic between Texas and Mexico would be unviable economically and suggested that the best tactic might be to continue to build up the church in Illinois. Hyde also wrote that he had the support of the congressmen from Illinois and, because he planned to leave Washington DC the following day, that he was entrusting any remaining work to be done there with Orson Pratt. (JS, Journal, 25 and 31 Mar. 1844; 4 Apr. 1844; 13 May 1844; Orson Hyde, Washington DC, to “Dear Brethren,” Nauvoo, IL, 30 Apr. 1844, JS Collection, CHL.)

Sidney Rigdon, postmaster of Nauvoo, was planning to move to Pittsburgh. Rigdon was summoned to the council, where he said he had no objections to recommending JS as his successor when he resigned. The council also decided “that a petition be got up to accompany the resignation” and that they should write to Justin Butterfield, United States attorney for Illinois, “requesting his assistance in the matter,” and to “our Representatives in Congress requesting their aid in accomplishing this object.” It is unclear if any of these steps were taken, as none of these documents have been located. (Council of Fifty, “Record,” 25 May 1844.)

The Council of Fifty met on Friday, 31 May 1844, but no mention of the meeting is made in JS’s journal. In the meeting, James Emmett reported on his mission to the Indians, which the council had appointed him to serve on 21 March 1844. (Council of Fifty, “Record,” 21 Mar. and 31 May 1844.)

Responding to Hyde’s letter “by order of the council,” Richards wrote that all the items to which he referred in his letter “had previously received the deliberation of the council” and that Lyman Wight and Heber C. Kimball, who were on their way to Washington DC, would update him on “all things relative to Texas.” Richards encouraged Hyde to do what he could relative to the Saints’ memorials to Congress and then to “let them do as they have a mind with them.” Richards also enlisted Hyde’s help in securing the post office appointment for JS. “It is the wish of the council that you engage the Illinois delegation to use their influence to secure the office to Gen. Smith without fail,” Richards instructed, “& have them ready to act on the arrival of Mr Rigdons resignation.” (Willard Richards, Nauvoo, IL, to Orson Hyde, [Washington DC], 25 May 1844, Willard Richards, Papers, CHL; JS, Journal, 13 and 21 May 1844.)