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Letter from Justin Butterfield, 27 March 1843

Source Note

, Letter, , Cook Co., IL, to JS, , Hancock Co., IL, 27 Mar. 1843; handwriting and signature of ; seven pages; JS Materials, CCLA. Includes address, dockets, and redactions.
Two bifolia measuring 10 × 7¾ inches (25 × 20 cm) and ruled with twenty-eight horizontal gray lines, now faded. The upper left corner of the recto of the first leaf of each bifolium is embossed with an oval paper manufacturer insignia that reads “John Butler | Hartford”. The letter was folded for transmission, addressed, and sealed with a red adhesive wafer. When the letter was opened, the second leaf of the second bifolium was damaged. The letter was later refolded for filing. At some point, the upper left corners of the bifolia were stapled together; the staple was subsequently removed. The document has undergone conservation.
The letter was docketed by , who served as JS’s scribe from December 1841 until JS’s death in June 1844 and served as church historian from December 1842 until his own death in March 1854. An unidentified scribe also docketed the letter. The letter likely remained in the Smith family’s possession until it was transferred, on an unknown date, to the custody of the Reorganized Church of Jesus Christ of Latter-day Saints (now Community of Christ).

Footnotes

  1. [1]

    JS, Journal, 13 Dec. 1841 and 21 Dec. 1842; Orson Spencer, “Death of Our Beloved Brother Willard Richards,” Deseret News (Salt Lake City), 16 Mar. 1854, [2].

    Deseret News. Salt Lake City. 1850–.

Historical Introduction

On 27 March 1843, , attorney for the district of , wrote from to JS in , Illinois, regarding the arrest of Latter-day Saint in on 5 March. Rockwell was charged with the 6 May 1842 attempted assassination of former Missouri governor and faced uncertain prospects in the Missouri legal system. Butterfield had represented JS before the United States circuit court in , Illinois, on 4 January 1843 in a hearing held to evaluate the attempt by Missouri state officials to extradite JS as an accessory to the attempted murder. Following Butterfield’s success in obtaining JS’s discharge, JS hoped that the federal attorney could turn his attention to Rockwell’s plight. On 18 March, JS wrote to Butterfield asking several questions concerning legal strategy and sent member to deliver the missive to Butterfield in Chicago.
received JS’s letter on 27 March 1843 and wrote a response the same day. Although Butterfield declined to act as 's lawyer, he advised that the church hire local counsel in , outlined the legal issues and questions that the case presented, and answered JS’s questions to the degree he could. As requested, Butterfield sent his reply to JS with . Huntington arrived in on 2 April and presumably delivered Butterfield’s letter the same day. It is unknown whether JS responded to the letter.

Footnotes

  1. [1]

    “Orrin Porter Rockwell,” Daily Missouri Republican (St. Louis), 6 Mar. 1843, [3]; see also Historical Introduction to Letter from Isaac Galland, 11 Mar. 1843.

    Daily Missouri Republican. St. Louis. 1822–1869.

  2. [2]

    JS, Journal, 4 Jan. 1843.

  3. [3]

    Letter to Justin Butterfield, 18 Mar. 1843.

  4. [4]

    JS, Journal, 2 Apr. 1843.

Page 3

him in this would swear to that— and it will be well to trace this out, and prove what his character was in the different places where he Resided before he came to — and before he came to this I have no doubt you can if you take sufficent pains in traceing him out prove that he is a most precious Scoundrel: and entirely prostrate his evidence— he will undoubtedly obtain some Witnesses in to support his character but if you trace him back for several years and peruse what his character has been in the various places where he has resided; the prosecution cannot support his character:— Now whether by the practic[e] of the courts in they allow a commission to issue to take depositions out of the to be read in criminal cases, or whether the witnesses must personally appear in court and testify and question ’s counsel can answer but I cannot— the practice of criminal courts is different in different States— and I do not know what the practice is in ——
Your testimony that you never employed or instigated to kill will do no good. Your conduct cannot be drawn in question on that trial.— The question to be in issue on his trial will be whether he actually shot , not whether he was instigated to do so by any one. I[f] has been or shall be indicted it will [p. 3]
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Document Information

Related Case Documents
Editorial Title
Letter from Justin Butterfield, 27 March 1843
ID #
2799
Total Pages
8
Print Volume Location
JSP, D12:120–125
Handwriting on This Page
  • Justin Butterfield

Footnotes

  1. [9]

    Latter-day Saints had previously compiled information regarding Bennett’s past misdeeds. Following Bennett’s 1842 excommunication, the Times and Seasons published documentation of Bennett’s sexual and ethical misconduct in Nauvoo, as well as information showing that similar allegations were made against Bennett in Ohio and Illinois before he moved to Nauvoo and joined the church. (See Times and Seasons, 1 July 1842; and Letter to the Church and Others, 23 June 1842.)

  2. [10]

    Missouri law provided for the appointment of special commissions authorized to examine a defendant’s material witnesses who lived outside of the state or who were otherwise unable to testify in person. (An Act to Regulate Proceedings in Criminal Cases [21 Mar. 1835], Revised Statutes of the State of Missouri [1834–1835], p. 486, art. 5, sec. 10.)

    The Revised Statutes of the State of Missouri, Revised and Digested by the Eighth General Assembly, During the Years One Thousand Eight Hundred and Thirty-Four, and One Thousand Eight Hundred and Thirty-Five. Together with the Constitutions of Missouri and of the United States. 3rd ed. St. Louis: Chambers and Knapp, 1841.

  3. [11]

    In his 18 March 1843 letter to Butterfield, JS stated, “I am ready to testify that I never instigated O. P. R. to murder Boggs— and never had any knowledge of the case only from public reports.” (Letter to Justin Butterfield, 18 Mar. 1843.)

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