Trial Report, circa 12 February 1845 [State of Illinois v. Elliott–C]
Source Note
Trial Report, , Hancock Co., IL, ca. [12] Feb. 1845, State of IL v. Elliott–C (Hancock Co., IL, Justice of the Peace Court 1845); in “Examination of John C. Elliott,” Nauvoo Neighbor, 19 Feb. 1845, [2]–[3].
was sent with them to carry baggage. I was kept ignorant of their intention until I got within two or three miles of , when I learned that the determination of the company was to murder Joseph and .— The most of the company filed off up the ravine that leads to the point of timber that runs near the jail. I passed directly on and halted within near a quarter of a mile from the jail, in full view, with the guard that was placed over me, or the waggon, I don’t know which. I saw the company that followed up the ravine, come out of the woods, go to the jail, and soon after returned to where I was placed. When they came up, I heard them say: We killed Joe Smith.
Q. Was in the company that followed up the ravine?
A. He was.
Q. How do you know it was ?
A. I had seen him before and I knew him well when I saw him. He had on the same under-coat that he has on now, or one just like it.
Q. Was painted?
A. He was not.
Q. Was in the company that returned from the jail?
A. He was.
Q. Was he armed?
A. He was. He had arms like ’ company.
Q. Was in that company?
A. He was.
Q. Did you hear any guns fired at the jail while that company was there?
A. I heard four or five guns fired.
Q. What was the day of the month on which these things took place?
A. On the 27th of June.
John C. Burns examined.
Q. Mr. Burns, what do you know about ’s being connected in the murder of Joseph and ?
A. I cannot say that I know much of anything about it.
Q. Has made any admissions to you, at any time, that he was engaged in the murder?
A. I will relate the conversation I had upon the subject. The Marshal of and were at my house soon after the murder was committed. I was explaining to the Marshal the manner of Joseph Smith’s death, as I had understood it. I told him that in all probability he was dead when he fell from the window, or was killed by the fall. I told him that but two balls entered his body. But immediately interrupted me by saying: I know you are mistaken, placing great emphacis on the word know. I know (said he) he was not dead when he fell from the window, and I know he was shot with four or five balls. He also said something about his attempting to clamber up against the well-curb, but what he said about it I do not distinctly remember He stated that he had left to evade the service of a writ which he said he expected had been or would be issued against him for that murder. His manner caused the Marshal to remark to me afterwards: That man knows something about that murder.
Here closed the testimony on the part of the .
TESTIMONY FOR THE DEFENCE.
examined.
Q. , did you go in company with Benj. Brackenberry & Wm. M. Daniels to ,during the late term of the Circuit Court?
A. I did.
Q. Did or did not Mr. Brackenberry tell you, on that occasion, that he did not know any person who went to the jail at the time Joseph and were murdered?
A. I had considerable conversation upon the subject, but mostly with Mr. Daniels. I got that impression from one or the other of them, which, I do not know. I cannot say I heard Mr. Brackenberry say he did not know any person who went to the jail. Mr. Brackenberry pointed out to me the position he occupied when the murder was committed, which was half or a quarter of a mile from the jail.
examined.
Q. , do you know anything touching the guilt or innocence of the person now on his trial?
A. I cannot say that I do.
Q. Was you in the company of troops that marched from to the crossing of the rail-road, where they were disbanded?
A. Not all the time. I was acting as a kind of aid to Gen. —— that morning, and the most of the time I was behind.
Q. Could have been in that company and you not have seen him?
A. I think he might.
Q. Do you know where was the day before?
A. I think I saw him with the troops near .
Q. Are you acquainted with ?
A. I am.
Q. Do you know anything about the Anti-mormon party in branding , of late, with being a Jack-mormon?
A. I think I have heard them rather jeer him two or three times in that way, and say he made considerable blow, but when it came to the pinch he wan’t on hand; but whether they meant he was not on hand at the murder, I cannot say.
Q. Do you know whether was at the crossing of the railroad, or not, at the time the troops were disbanded?
A. I do not, as I suppose I must have been some three quarters of a mile from that place at the time.
Thomas Dixon examined.
Q. Mr. [Thomas] Dixon, was you present at the time the Smiths were murdered?
A. I stood within fifteen feet of the jail, and saw Joseph Smith fall from the window.
Q. By whom was the murder committed?
A. By a company that came from the direction of .
Q. Are you acquainted with ?
A. I never saw him, to my recollection, before yesterday evening.
Q. Did you see him in that company?
A. I did not.
Q. Could he have been there and you not have seen him?
A. I think not.
Q. Was that company uniformed?
A. The most of them had on blue hunting shirts, with fringe around the edges.
Q. Were there any persons present who were not uniformed?
A. I think there were a few. One man went to Mr. Smith, after he had fallen, and partly raised him up by his arm, who had on no coat or hat, and had on light pants and, I think, marseilles vest.
Q. In what direction did that company go when they left the jail?
A. In the direction of .
Q. What was the day of the month on which this murder was committed?
A. On the 27th of June.
Here the examination was closed.
The case was argued to considerable length by the attorneys.
Sweatland’s argument was without pith or meaning—a farrago of nonsense. The best application I ever heard for the little fellow, was to compare him to a ‘tempest in a tea-pot!’
delt very liberally in insinuations and virtual threats, that the blood of more of our best men would be shed if the was committed for trial; no doubt for the purpose of intimidating the court. He breathed out the venom of his heart, before he was aware of it, and as soon as he uttered the sentence, a shock came across him which might serve him as a gentle hint, before he finds his hands dripping in the blood of innocence, that Prophets may be martyred, but the Priesthood is beyond massacre. Acting in secret conclave with murderers, and pleading their cause in a community of saints, is moving in different atmospheres, and it will be so while there is a God in Israel!
made an eloquent and argumentative speech, warding off and answering, with boldness and ability, the threats of . Said he: If that time, of which the lawyer has prophesied, ever does arrive, he will find us prepared to meet them; and that will be the time when—if it is possible for us to receive atonement for even one drop of the blood of those inestimable men—that we will receive that atonement. They will find us defending our rights while one man of us shall survive. Thousands and millions of virtuous hearts—if they could here give utterance to their feelings,—and thousands and millions of voices—if they could be heard—would swell the echo of patriotism, and applaud us for a determination like this. Does the lawyer think that a few months’ imprisonment of a man like that -[pointing to the ]- is going to avenge us of the blood of two of our most patriotic and beloved citizens? If so he is mistaken. The ignoble blood of all that ruthless gang would be to us no atonement. The lawyer talks about public sentiment. What is the history of public sentiment for the last fifteen years? It has drove people from their homes; shed the blood of men, women and children; and now, forsooth, because there appears to be some hope of bringing a murderer to justice, we are gravely told by his counsel, on the strength of popular opinion, that the blood of citizens will be the price of a simple committment!
DECISION OF THE COURT, AS DELIVERED BY .
The identical persons who fired the guns, at the murder of Joseph and , in all probability, never will be known. But it has been shown from the testimony of Mr. Dixon, that the deed was committed by a band of men who approached the jail from the direction of , and it is shown, by the testimony of Mr. Brackenberry that the was in that company. My feelings, for one, have undergone a through revolution during the progress of this examination. Every exertion by the to clear himself from the charge, has signally failed and gone to strengthen the evidence for the State. We regret that this thing has taken place in this community; but as the arrest of the has been made here, and the examination had before us, we shall not flinch from the discharge of our duty. We know not what new light may be thrown upon the case on the final trial; but enough has been proven here, to-day, to fix very, very strongly upon the the certainty of guilt. We therefore commit him to prison for trial at the next term of the Circuit Court. And we hold the witnesses to bonds for their appearance to give testimony in the case.