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Introduction to State of Illinois v. Williams et al. and State of Illinois v. Elliott–C Complaint, 22 September 1844 [State of Illinois v. Williams et al.] Warrant, 22 September 1844 [State of Illinois v. Williams et al.] Proclamation, 27 September 1844 [State of Illinois v. Williams et al.] Proclamation, 27 September 1844, as Published in Nauvoo Neighbor [State of Illinois v. Williams et al.] Agreement, 30 September 1844 [State of Illinois v. Williams et al.] Agreement, 30 September 1844, Copy [State of Illinois v. Williams et al.] Agreement, 2 October 1844 [State of Illinois v. Williams et al.] Agreement, 2 October 1844, Copy [State of Illinois v. Williams et al.] Agreement, 2 October 1844, as Published in Warsaw Signal [State of Illinois v. Williams et al.] Recognizance, 2 October 1844 [State of Illinois v. Williams et al.] Praecipe, 9 October 1844 [State of Illinois v. Williams et al.] Praecipe, 25 October 1844 [State of Illinois v. Williams et al.] Indictment, 26 October 1844 [State of Illinois v. Williams et al.] Indictment, 26 October 1844, Copy [State of Illinois v. Williams et al.] Docket Entry, Indictment, 26 October 1844 [State of Illinois v. Williams et al.] Praecipe, 26 October 1844 [State of Illinois v. Williams et al.] Docket Entry, Capias, 26 October 1844 [State of Illinois v. Williams et al.] Docket Entry, Discharge from Recognizance, 26 October 1844 [State of Illinois v. Williams et al.] Docket Entry, Recognizance, 26 October 1844 [State of Illinois v. Williams et al.] Memorandum of Testimony, circa 27 October 1844 [State of Illinois v. Williams et al.] Memorandum of Testimony, circa 27 October 1844, Copy [State of Illinois v. Williams et al.] Order, circa 19 November 1844 [State of Illinois v. Williams et al.] Warrant, 20 November 1844 [State of Illinois v. Williams et al.] Warrant, 20 November 1844, as Published in Reports [State of Illinois v. Williams et al.] Subpoena, 14 December 1844–A [State of Illinois v. Williams et al.] Subpoena, 14 December 1844–B [State of Illinois v. Williams et al.] Subpoena, 14 December 1844–C [State of Illinois v. Williams et al.] Subpoena, 14 December 1844–D [State of Illinois v. Williams et al.] Attachment, 14 December 1844 [State of Illinois v. Williams et al.] Bond, 20 March 1845 [State of Illinois v. Williams et al.] Subpoena, 8 May 1845 [State of Illinois v. Williams et al.] Bond, 17 May 1845 [State of Illinois v. Williams et al.] Praecipe, circa 18 May 1845 [State of Illinois v. Williams et al.] Subpoena, 19 May 1845 [State of Illinois v. Williams et al.] Docket Entry, Recognizance, 19 May 1845 [State of Illinois v. Williams et al.] Subpoena, 20 May 1845 [State of Illinois v. Williams et al.] Affidavit, 20–21 May 1845 [State of Illinois v. Williams et al.] Affidavit, 21 May 1845 [State of Illinois v. Williams et al.] Docket Entry, Motion, 21 May 1845 [State of Illinois v. Williams et al.] Docket Entry, Affidavits and Motions, 21 May 1845 [State of Illinois v. Williams et al.] Subpoena, 21 May 1845–A [State of Illinois v. Williams et al.] Subpoena, 21 May 1845–B [State of Illinois v. Williams et al.] Account of Trial, 21–28 May 1845, Shorthand [State of Illinois v. Williams et al.] Account of Trial, 21–28 May 1845, Longhand [State of Illinois v. Williams et al.] Oath, 22 May 1845 [State of Illinois v. Williams et al.] Subpoena, 22 May 1845–A [State of Illinois v. Williams et al.] Subpoena, 22 May 1845–B [State of Illinois v. Williams et al.] Subpoena, 22 May 1845–C [State of Illinois v. Williams et al.] Subpoena, 22 May 1845–D [State of Illinois v. Williams et al.] Subpoena, 22 May 1845–E [State of Illinois v. Williams et al.] Venire Facias, 22 May 1845 [State of Illinois v. Williams et al.] Instructions for Jury Selection, 22 May 1845 [State of Illinois v. Williams et al.] Alias Venire Facias, 22 May 1845 [State of Illinois v. Williams et al.] Docket Entry, Writs of Venire Facias, 22 May 1845 [State of Illinois v. Williams et al.] Attachment, 23 May 1845 [State of Illinois v. Williams et al.] Subpoena, 23 May 1845–A [State of Illinois v. Williams et al.] Subpoena, 23 May 1845–B [State of Illinois v. Williams et al.] Subpoena, 23 May 1845–C [State of Illinois v. Williams et al.] Subpoena, 23 May 1845–D [State of Illinois v. Williams et al.] Docket Entry, Pluries Venire Facias, 23 May 1845 [State of Illinois v. Williams et al.] Attachment, 24 May 1845–A [State of Illinois v. Williams et al.] Attachment, 24 May 1845–B [State of Illinois v. Williams et al.] Attachment, 24 May 1845–C [State of Illinois v. Williams et al.] Subpoena, 24 May 1845 [State of Illinois v. Williams et al.] Docket Entry, Motion Withdrawn, 24 May 1845 [State of Illinois v. Williams et al.] Docket Entry, Attachments, 24 May 1845 [State of Illinois v. Williams et al.] Docket Entry, Continuance, 24 May 1845 [State of Illinois v. Williams et al.] Account of Trial, 24–28 May 1845–A [State of Illinois v. Williams et al.] Account of Trial, 24–28 May 1845–A, as Published in Trial of the Persons Indicted [State of Illinois v. Williams et al.] Account of Trial, 24–28 May 1845–B [State of Illinois v. Williams et al.] Subpoena, 26 May 1845 [State of Illinois v. Williams et al.] Docket Entry, Continuance, 26 May 1845 [State of Illinois v. Williams et al.] Attachment, 27 May 1845 [State of Illinois v. Williams et al.] Subpoena, 27 May 1845–A [State of Illinois v. Williams et al.] Subpoena, 27 May 1845–B [State of Illinois v. Williams et al.] Docket Entry, Continuance, 27 May 1845 [State of Illinois v. Williams et al.] Closing Argument of Josiah Lamborn, 28 May 1845 [State of Illinois v. Williams et al.] Closing Argument of Calvin A. Warren, 28 May 1845 [State of Illinois v. Williams et al.] Closing Argument of Calvin A. Warren, 28 May 1845, as Recorded in “Minutes of Trial” [State of Illinois v. Williams et al.] Docket Entry, Continuance, 28 May 1845 [State of Illinois v. Williams et al.] Docket Entry, Continuance, 29 May 1845 [State of Illinois v. Williams et al.] Closing Argument of Onias Skinner, 29 May 1845 [State of Illinois v. Williams et al.] Closing Argument of Onias Skinner, 29 May 1845, Copy [State of Illinois v. Williams et al.] Closing Argument of Orville Browning, 29 May 1845 [State of Illinois v. Williams et al.] Jury Instructions, 30 May 1845 [State of Illinois v. Williams et al.] Verdict, 30 May 1845 [State of Illinois v. Williams et al.] Docket Entry, Verdict, 30 May 1845 [State of Illinois v. Williams et al.] Docket Entry, Attachment, 30 May 1845–A [State of Illinois v. Williams et al.] Docket Entry, Attachment, 30 May 1845–B [State of Illinois v. Williams et al.]

Account of Trial, 24–28 May 1845–A, as Published in Trial of the Persons Indicted [State of Illinois v. Williams et al.]

Testimony of Jonas Hobart, 24 May 1845 Page 2 Testimony of John Peyton, 24 May 1845 Page 3 Testimony of George Walker, 24 May 1845 Page 3 Testimony of Franklin Worrell, 24 May 1845 Page 4 Testimony of Baldwin L. Samuel, 24 May 1845 Page 4 Testimony of George Bachman, 24 May 1845 Page 5 Testimony of John D. Mellen, 24 May 1845 Page 5 Testimony of Canfield Hamilton, 24 May 1845 Page 5 Testimony of Eli H. Williams, 24 May 1845 Page 5 Testimony of William Daniels, 24 May 1845 Page 6 Testimony of John Wilson, 26 May 1845 Page 13 Testimony of Thomas L. Barnes, 26 May 1845 Page 14 Testimony of Eli D. Walker, 26 May 1845 Page 15 Testimony of Thomas Dixon, 26 May 1845 Page 17 Testimony of Eliza Graham, 26 May 1845 Page 18 Testimony of Benjamin Brackenbury, 26 May 1845 Page 21 Testimony of Canfield S. Hamilton, 27 May 1845 Page 25 Testimony of Franklin Worrell, 27 May 1845 Page 25 Testimony of William Smith, 27 May 1845 Page 25 Testimony of James Reynolds, 27 May 1845 Page 26 Testimony of Larkin Scott, 27 May 1845 Page 27 Testimony of Derrick Fuller, 27 May 1845 Page 27 Testimony of John Pike, 27 May 1845 Page 27 Testimony of John Carlisle, 27 May 1845 Page 28 Testimony of Coleman Garrett, 27 May 1845 Page 28 Testimony of Thomas L. English, 27 May 1845 Page 28 Testimony of George Seabold, 27 May 1845 Page 29 Testimony of Charles Andrews, 27 May 1845 Page 29 Testimony of George McLean, 27 May 1845 Page 29 Testimony of Abraham I. Chittenden, 27 May 1845 Page 30 Testimony of Edward Bedell, 27 May 1845 Page 30 Testimony of John Wilson Williams, 28 May 1845 Page 30 Testimony of E. W. Gould, 28 May 1845 Page 31 Testimony of Ann Fleming, 28 May 1845 Page 32

Source Note

Account of Trial, [
Carthage

Located eighteen miles southeast of Nauvoo. Settled 1831. Designated Hancock Co. seat, Mar. 1833. Incorporated as town, 27 Feb. 1837. Population in 1839 about 300. Population in 1844 about 400. Site of acute opposition to Latter-day Saints, early 1840s. Site...

More Info
], Hancock Co., IL, 24–28 May 1845, State of IL v. Williams et al. (Hancock Co., IL, Circuit Court 1845). Published [ca. 30 July 1845] in Trial of the Persons Indicted in the Hancock Circuit Court for the Murder of Joseph Smith at the Carthage Jail, on the 27th Day of June, 1844, Warsaw, IL: Warsaw Signal, 1845.

Historical Introduction

See Introduction to State of Illinois v. Williams et al. and State of Illinois v. Elliott–C.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Account of Trial, 24–28 May 1845–A [ State of Illinois v. Williams et al. ] Account of Trial, 24–28 May 1845–A, as Published in Trial of the Persons Indicted [ State of Illinois v. Williams et al. ]

Page 32

was living there; was preparing coffee in the kitchen. Do not know whether I went in with the crown to supper. Was not in the house much till supper was ready. I supposed they had been to
Carthage

Located eighteen miles southeast of Nauvoo. Settled 1831. Designated Hancock Co. seat, Mar. 1833. Incorporated as town, 27 Feb. 1837. Population in 1839 about 300. Population in 1844 about 400. Site of acute opposition to Latter-day Saints, early 1840s. Site...

More Info
. I think the wounded man was [John] Wills. He said he was wounded in the hand or wrist. Did not hear him say who wounded him. I was there at the usual supper. Think
Davis

16 Sept. 1820–25 Dec. 1883. Lawyer, farmer, politician. Born near Staunton, Augusta Co., Virginia. Son of William C. Davis and Sarah (Sallie) Van Lear. Lived at Augusta Co., 1830. Moved to Warsaw, Hancock Co., Illinois, by 1838. Served as Illinois circuit...

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and Grover were not there at breakfast. The encampment was half a mile off. There was an alarm in town during the latter part of the night, by firing of guns, and much consternation. Was not then at the house there was no alarm after that, that I know of. No alarm next night. Think all fear by that time had subsided. The alarm on the night of the 27th was general.
Testimony of Ann Fleming, 28 May 1845
Mrs. Ann Fleming sworn. I recollect the day the Smiths were killed, was then residing at Warsaw House, which my husband kept. I was at the house all that evening and night. Was in my room when I received the first intelligence of the death of the Smiths. Know
[Thomas] Sharp

25 Sept. 1818–9 Apr. 1894. Teacher, lawyer, newspaper editor and publisher. Born in Mount Holly, Burlington Co., New Jersey. Son of Solomon Sharp and Jemima Budd. Lived at Smyrna, Kent Co., Delaware, June 1830. Moved to Carlisle, Cumberland Co., Pennsylvania...

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. Did not see him or [James] Gregg ride up in a 2 horse buggy about dark; had not conversation with
Sharp

25 Sept. 1818–9 Apr. 1894. Teacher, lawyer, newspaper editor and publisher. Born in Mount Holly, Burlington Co., New Jersey. Son of Solomon Sharp and Jemima Budd. Lived at Smyrna, Kent Co., Delaware, June 1830. Moved to Carlisle, Cumberland Co., Pennsylvania...

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that evening about the murder of the Smiths, or on any other subject.
Sharp

25 Sept. 1818–9 Apr. 1894. Teacher, lawyer, newspaper editor and publisher. Born in Mount Holly, Burlington Co., New Jersey. Son of Solomon Sharp and Jemima Budd. Lived at Smyrna, Kent Co., Delaware, June 1830. Moved to Carlisle, Cumberland Co., Pennsylvania...

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and Gregg did not come into the hall and call on me for water. I remember a number of men coming after night for supper.—Was at that time well acquainted with Capt. [William] Grover; he boarded at my house. I did not see him among the number that came there to supper that night. He did not bring a wounded man to the kitchen, and ask my permission for him to sit by the fire. There was a wounded man sitting by the fire. I know Capt. Grover did not bring him there.
Cross Examined. I saw the wounded man when he first came into the kitchen. Dont know who went into the kitchen, but know it was not Capt. Grover or
Capt [Jacob] Davis

16 Sept. 1820–25 Dec. 1883. Lawyer, farmer, politician. Born near Staunton, Augusta Co., Virginia. Son of William C. Davis and Sarah (Sallie) Van Lear. Lived at Augusta Co., 1830. Moved to Warsaw, Hancock Co., Illinois, by 1838. Served as Illinois circuit...

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. Grover and
Davis

16 Sept. 1820–25 Dec. 1883. Lawyer, farmer, politician. Born near Staunton, Augusta Co., Virginia. Son of William C. Davis and Sarah (Sallie) Van Lear. Lived at Augusta Co., 1830. Moved to Warsaw, Hancock Co., Illinois, by 1838. Served as Illinois circuit...

View Full Bio
might have been there and I not see them. I was not in the dining room much; was not in the bar room at all. Did not hear them talk about being at
Carthage

Located eighteen miles southeast of Nauvoo. Settled 1831. Designated Hancock Co. seat, Mar. 1833. Incorporated as town, 27 Feb. 1837. Population in 1839 about 300. Population in 1844 about 400. Site of acute opposition to Latter-day Saints, early 1840s. Site...

More Info
, or about the Smiths or Mormons. Do not recollect of seeing
Sharp

25 Sept. 1818–9 Apr. 1894. Teacher, lawyer, newspaper editor and publisher. Born in Mount Holly, Burlington Co., New Jersey. Son of Solomon Sharp and Jemima Budd. Lived at Smyrna, Kent Co., Delaware, June 1830. Moved to Carlisle, Cumberland Co., Pennsylvania...

View Full Bio
that afternoon; think I should recollect if I had seen
Sharp

25 Sept. 1818–9 Apr. 1894. Teacher, lawyer, newspaper editor and publisher. Born in Mount Holly, Burlington Co., New Jersey. Son of Solomon Sharp and Jemima Budd. Lived at Smyrna, Kent Co., Delaware, June 1830. Moved to Carlisle, Cumberland Co., Pennsylvania...

View Full Bio
. Think one of my brothers first told me of the death of the Smiths, about sun-down that evening. Am not sure it was my brother, but it was one of the family; know it was not
Sharp

25 Sept. 1818–9 Apr. 1894. Teacher, lawyer, newspaper editor and publisher. Born in Mount Holly, Burlington Co., New Jersey. Son of Solomon Sharp and Jemima Budd. Lived at Smyrna, Kent Co., Delaware, June 1830. Moved to Carlisle, Cumberland Co., Pennsylvania...

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. There were a good many people there late in the evening, and not before dark; they came for supper about nine. Got through about 2, I think. There was some alarm that night, and some of the people left. I went to
Quincy

Located on high limestone bluffs east of Mississippi River, about forty-five miles south of Nauvoo. Settled 1821. Adams Co. seat, 1825. Incorporated as town, 1834. Received city charter, 1840. Population in 1835 about 800; in 1840 about 2,300; and in 1845...

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the next night. I recollect some who were there that night—Key was there. The wounded man had a quilt on him. Don’t think I knew them who put the quilt on him. Capt. [E. W.] Gould was there all through supper. Eliza Graham was there, and my mother-in-law, Hannah Fleming, and Mrs. Dearborn. Mrs. Garroutte [Adeline Garoutte] was in bed. Mr. [Ashbel] Genung was there; has been living in
Warsaw

Located at foot of Des Moines rapids of Mississippi River at site of three military forts: Fort Johnson (1814), Cantonment Davis (1815–1818), and Fort Edwards (1816–1824). First settlers participated in fur trade. Important trade and shipping center. Post...

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. Gregg lives in
Warsaw

Located at foot of Des Moines rapids of Mississippi River at site of three military forts: Fort Johnson (1814), Cantonment Davis (1815–1818), and Fort Edwards (1816–1824). First settlers participated in fur trade. Important trade and shipping center. Post...

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also. Key called for supper. He called on me.
The testimony closed on Wednesday, the 28th, at noon, when the argument of counsel commenced and continued until Friday at 12 M. when the case was given to the jury. The Court then adjourned to meet at 2 o’clock P. M. On the opening of Court, in the afternoon, the jury appeared with a verdict of “Not Guil[t]y.”
Immediately on this verdict being announced, the Defendants asked that the trial on the
indictment

A written accusation of a public offense committed by one or more persons, made under oath or affirmation by a grand jury.

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for the
murder

The willful killing of a person with malice, either express or implied.

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of
Hyrum Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

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should commence immediately; but this was denied them, for want of time. The Court however, ordered a Special Term for the trial of said indictment to commence on the 19th day of June 1845. On Wednesday, the 20th of June the court having met pursuant to said order, and no prosecutor appearing the
Judge

20 Feb. 1798–28 Nov. 1861. Attorney, judge, politician. Born in Fayette Co., Kentucky. Moved to Jonesboro, Union Co., Illinois Territory. Admitted to Illinois bar, 1817, in Jonesboro. Served as state representative from Union Co., 1820–1822. Married Matilda...

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dismissed the case for want of prosecution. [p. 32]
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Related Case Documents

State of Illinois v. Williams et al., Hancock Co., IL, Circuit Court, 30 May 1845

Editorial Title
Account of Trial, 24–28 May 1845–A, as Published in Trial of the Persons Indicted [State of Illinois v. Williams et al.]
ID #
13338
Total Pages
32
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