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.
According to William Clayton, JS’s offer was based on the clause in Morrison’s writ commanding the arresting officer to bring JS and the other defendants before Morrison “or some other justice of the Peace.” Clayton reported that Bettisworth “seemed very wrathy” and insisted on taking JS “before Morrison the man who issued the writ.” (Clayton, Journal, 12 June 1844; Warrant for JS et al., 11 June 1844, State of Illinois v. JS et al. for Riot [J.P. Ct. 1844], copy, JS Collection, CHL.)
Clayton, William. Journals, 1842–1845. CHL.
JS petitioned the Nauvoo Municipal Court for a writ of habeas corpus on the grounds that the arrest warrant did not “disclose sufficiently clear and explicit the charge,” that the “proceeding against him has been instituted through malice Private pique & corruption,” that Higbee made the charge “to commit and carry out more easily a conspiracy” against his life, and that he was “not guilty of the charge prefered against him.” (JS, Petition for Writ of Habeas Corpus, 12 June 1844, State of Illinois v. JS et al. on Habeas Corpus [Nauvoo Mun. Ct. 1844], copy, JS Collection, CHL; Writ of Habeas Corpus, 12 June 1844, State of Illinois v. JS et al. on Habeas Corpus [Nauvoo Mun. Ct. 1844], Nauvoo, IL, Records, CHL.)
Several witnesses testified at the hearing that the press had been destroyed in a quiet and orderly fashion and that Higbee had made several threats against JS. After hearing the testimony, the court determined that JS “had acted under proper authority in destroying the establishment of the Nauvoo Expositor, . . . that his order were executed in an orderly, & judicious manner, without noise or tumult, that this was a malici[ou]s prosecution on the part of F M. Higbee and that the said Higbee pay the costs of suit, and that Joseph Smith be honorably discharged from the accusatins and of the writ.” The fees, amounting to over twenty-two dollars, were paid by the city treasurer in 1845, as the court was unable to collect from Higbee. (Nauvoo Municipal Court Docket Book, 108–110.)
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.
In addition to authorizing JS’s arrest, the writ authorized the arrest of seventeen other men who were allegedly involved in the destruction of the Expositor. These were Samuel Bennett, Joseph W. Coolidge, Jonathan Dunham, William Edwards, John P. Greene, Jesse Harmon, Jonathan Holmes, Dimick B. Huntington, John Lytle, Stephen Markham, Stephen Perry, William W. Phelps, David Harvey Redfield, Levi Richards, Orrin Porter Rockwell, Hyrum Smith, and John Taylor. (Warrant for JS et al., 11 June 1844, State of Illinois v. JS et al. for Riot [J.P. Ct. 1844], copy, JS Collection, CHL.)
Other records indicate that the habeas corpus hearing began at five o’clock or five thirty in the evening. (Clayton, Journal, 12 June 1844; Minutes, 12 June 1844, Nauvoo, IL, Records, CHL; Nauvoo Municipal Court Docket Book, 108–110.)
Clayton, William. Journals, 1842–1845. 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.