Footnotes
This serialized history drew on the journals herein beginning with the 4 July 1855 issue of the Deseret News and with the 3 January 1857 issue of the LDS Millennial Star.
The labels on the spines of the four volumes read respectively as follows: “Joseph Smith’s Journal—1842–3 by Willard Richards” (book 1); “Joseph Smith’s Journal by W. Richards 1843” (book 2); “Joseph Smith’s Journal by W. Richards 1843–4” (book 3); and “W. Richards’ Journal 1844 Vol. 4” (book 4). Richards kept JS’s journal in the front of book 4, and after JS’s death Richards kept his own journal in the back of the volume.
“Schedule of Church Records, Nauvoo 1846,” [1], Historian’s Office, Catalogs and Inventories, 1846–1904, CHL.
Historian’s Office. Catalogs and Inventories, 1846–1904. CHL. CR 100 130.
“Inventory. Historian’s Office. 4th April 1855,” [1]; “Contents of the Historian and Recorder’s Office G. S. L. City July 1858,” 2; “Index of Records and Journals in the Historian’s Office 1878,” [11]–[12], Historian’s Office, Catalogs and Inventories, 1846–1904, CHL; Johnson, Register of the Joseph Smith Collection, 7.
Historian’s Office. Catalogs and Inventories, 1846–1904. CHL. CR 100 130.
Johnson, Jeffery O. Register of the Joseph Smith Collection in the Church Archives, the Church of Jesus Christ of Latter-day Saints. Salt Lake City: Historical Department of the Church of Jesus Christ of Latter-day Saints, 1973.
Footnotes
Historical Introduction to JS, Journal, Dec. 1841–Dec. 1842.
Source Note to JS, Journal, 1835–1836; Source Note to JS, Journal, Mar.–Sept. 1838.
See Appendix 3.
Jeremiah Smith had obtained a writ of habeas corpus from the Nauvoo Municipal Court on 16 May 1844 after being arrested by James McCance, and the habeas corpus hearing began the same day. The court was adjourned in order to give Smith’s accusers time to collect witnesses and reconvened on 30 May. At this hearing, Thomas Johnson, an agent for the United States who had accused Smith of obtaining money under false pretenses, told the Nauvoo Municipal Court that he did not recognize the court’s authority to hold a habeas corpus hearing on the case, which was a federal case. He also told the court that the writ upon which Smith was arrested “was only to keep Smith until he [Johnson] could get another writ” and that “if this court thinks it right to discharge the prisoner, let them do it.” Smith’s counsel interpreted these statements to mean that Johnson had surrendered his claim on Smith and asked that Smith therefore be discharged. After defending its right to conduct a habeas corpus hearing in the case, the court ordered that Smith be discharged on the grounds that the “complainant . . . refused to prosecute his claim.” (JS, Journal, 16 and 29 May 1844; Nauvoo Municipal Court Docket Book, 97–99; Minutes of Court Proceedings, 30 May 1844; Execution v. Johnson, 30 May 1844, State of Illinois v. Smith on Habeas Corpus [Nauvoo Mun. Ct. 1844], Nauvoo, IL, Records, CHL.)
Nauvoo Municipal Court Docket Book / Nauvoo, IL, Municipal Court. “Docket of the Municipal Court of the City of Nauvoo,” ca. 1843–1845. In Historian's Office, Historical Record Book, 1843–1874, pp. 51–150 and pp. 1–19 (second numbering). CHL. MS 3434.
This habeas corpus hearing was the second one held for Jeremiah Smith on 30 May and stemmed from Smith’s arrest the previous day by Hickok, of Burlington, Iowa Territory. Smith had petitioned the Nauvoo court for another writ of habeas corpus on grounds that his most recent arrest was based on a crime not “known to the Law”; that Hickok was not “legally authorized” to arrest him; that the charge stemmed from “private pique malice & corruption”; that he feared he would not receive a fair trial; and that he had been arrested, acquitted, and discharged twice before on the same charge—once by a district court in Iowa Territory, and, most recently, by the Nauvoo Municipal Court in Illinois. (JS, Journal, 16 and 29 May 1844; Warrant for Jeremiah Smith, 21 May 1844, United States v. Smith [C.C.D. Ill. 1844], copy; Jeremiah Smith, Petition for Writ of Habeas Corpus, 29 May 1844, United States v. Smith on Habeas Corpus [Nauvoo Mun. Ct. 1844]; Writ of Habeas Corpus, 30 May 1844, Nauvoo, IL, Records, CHL; “Defrauding Government,” North American Daily Advertiser [Philadelphia], 7 Mar. 1844, [2].)
North American and Daily Advertiser. Philadelphia. 1839–1845.
At the continuation of the second 30 May hearing for Jeremiah Smith, Smith’s counsel—George Stiles and Henry T. Hugins—argued for his discharge on several grounds, including Smith’s discharge before a competent court on the same charge. As evidence, they produced a certificate written by John Dunlap, clerk of the district court for Des Moines County, Iowa Territory, indicating that in February 1844 Smith had been arrested on an indictment handed down by a Washington DC grand jury and that he had been examined and discharged by district court judge Charles Mason, “no legal cause being found” to justify his arrest. Ruling that this was “sufficient to authorize the discharge of the prisoner” in light of the constitutional protection against double jeopardy, the municipal court ordered that Smith be discharged and that “Judgment be entered against the prosecutor for costs.” (Minutes of Court Proceedings, 30 May 1844, State of Illinois v. Smith on Habeas Corpus [Nauvoo Mun. Ct. 1844]; John S. Dunlap, Certificate, 21 May 1844, Nauvoo, IL, Records, CHL; Nauvoo Municipal Court Docket Book, 100–102.)
Nauvoo Municipal Court Docket Book / Nauvoo, IL, Municipal Court. “Docket of the Municipal Court of the City of Nauvoo,” ca. 1843–1845. In Historian's Office, Historical Record Book, 1843–1874, pp. 51–150 and pp. 1–19 (second numbering). CHL. MS 3434.
What Jeremiah Smith “swo[r]e out” is unclear. It may have been an affidavit charging Johnson with false arrest or an affidavit supporting the execution ordering Johnson to pay $77.75 in court costs. However, no such affidavit has been located. The bill of costs itemized the costs accrued between 16 May 1844, when Johnson’s lawyer had requested an adjournment of the habeas corpus hearing in order to obtain witnesses, and 30 May 1844, when Smith was discharged. A note at the bottom of the official court record indicates that a thirty-dollar fee for the cost of two policemen guarding Smith at Johnson’s “special instance and request” had been omitted from the bill of costs by mistake. Johnson acknowledged the fees by certifying “that the within Survises ware renderd” on the back of the bill of costs. (Execution, 30 May 1844, State of Illinois v. Smith on Habeas Corpus [Nauvoo Mun. Ct. 1844], Nauvoo, IL, Records, CHL; Bill of Costs, 30 May 1844 [United States v. Jeremiah Smith on Habeas Corpus–A]; Nauvoo Municipal Court Docket Book, 99.)
Nauvoo Municipal Court Docket Book / Nauvoo, IL, Municipal Court. “Docket of the Municipal Court of the City of Nauvoo,” ca. 1843–1845. In Historian's Office, Historical Record Book, 1843–1874, pp. 51–150 and pp. 1–19 (second numbering). CHL. MS 3434.