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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 6

The first firing that I heard was when our company was called out. I called it out. Don’t know where the officers were. I was Orderly Sergeant. Was on the square and saw some one on the court house. Don’t know who or how many. Think there were more than one. We started as soon as we could get the company together after firing commenced. The persons were on the cupola. Can’t say how long after firing commenced until we got off of square.
[Levi] Williams

18 Apr. 1794–27 Nov. 1860. Postmaster, farmer, military officer. Born in Madison Co., Kentucky. Married Mary (Polly) Reid. Moved to Hancock Co., Illinois, ca. 1831, eventually settling in Green Plains. Served in Black Hawk War, 1832. Served as captain in ...

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was standing on the corner with others. Heard him say nothing. Said nothing to me that day. Capt. [Robert] Smith commanded his company. I saw Joe Smith fall from the window. We were then near the corner of lane, about half way from the court house to the jail. Don’t know which way
Williams

18 Apr. 1794–27 Nov. 1860. Postmaster, farmer, military officer. Born in Madison Co., Kentucky. Married Mary (Polly) Reid. Moved to Hancock Co., Illinois, ca. 1831, eventually settling in Green Plains. Served in Black Hawk War, 1832. Served as captain in ...

View Full Bio
went or that he went to jail at all. Don’t know how long mob stayed after killing. Think they did not stay longer than two or three minutes. There was some firing after Smith fell. Did not see
Williams

18 Apr. 1794–27 Nov. 1860. Postmaster, farmer, military officer. Born in Madison Co., Kentucky. Married Mary (Polly) Reid. Moved to Hancock Co., Illinois, ca. 1831, eventually settling in Green Plains. Served in Black Hawk War, 1832. Served as captain in ...

View Full Bio
after killing. Heard none of the defendants speak of it since. Don’t know any of the men that were at the killing. Did not go out to the mob.
Testimony of William Daniels, 24 May 1845
William M. Daniels sworn. On the day of the occurrence I was both in
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
and
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...

More Info
. Was at
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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in the morning. It was understood that the troops were in march that day, by the
Governor

5 Dec. 1800–3 Nov. 1850. Schoolteacher, newspaperman, lawyer, politician, judge, author. Born in Uniontown, Fayette Co., Pennsylvania. Son of Robert Ford and Elizabeth Logue Forquer. Moved to St. Louis, 1804; to New Design (later American Bottom), Randolph...

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’s orders. I saw
Col. [Levi] Williams

18 Apr. 1794–27 Nov. 1860. Postmaster, farmer, military officer. Born in Madison Co., Kentucky. Married Mary (Polly) Reid. Moved to Hancock Co., Illinois, ca. 1831, eventually settling in Green Plains. Served in Black Hawk War, 1832. Served as captain in ...

View Full Bio
, Captains
[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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,
[Mark] Aldrich

22 Jan. 1802–21 Sept. 1873. Furrier, postmaster, land developer, merchant, politician. Born in Washington Co. (later in Warren Co.), New York. Son of Artemas Aldrich and Huldah Chamberlain. Moved to Hadley Township, Saratoga Co., New York, by Aug. 1810. Moved...

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and [William] Grover, 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...

More Info
. I am not certain whether I did or not see
[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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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...

More Info
. The companies started in the morning; what time I cannot say. They marched to the Railroad and there halted. Disbanding orders were read by
Col. Williams

18 Apr. 1794–27 Nov. 1860. Postmaster, farmer, military officer. Born in Madison Co., Kentucky. Married Mary (Polly) Reid. Moved to Hancock Co., Illinois, ca. 1831, eventually settling in Green Plains. Served in Black Hawk War, 1832. Served as captain in ...

View Full Bio
.
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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made a speech to the troops, but no one else. He said something of the necessity of getting rid of the Mormons, but cannot recollect what. He spoke of the necessity of killing the Smiths, in order to get rid of the Mormons, and wanted the troops to march on through to
Capt. 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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to come, with his company.
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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said he would not do it; that if they wanted to go to
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

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, he would go with them, but as for going 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
, he would not.
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
said he would go home. They called him a damned coward, and said they would never elect him to any thing again. Did not hear
Williams

18 Apr. 1794–27 Nov. 1860. Postmaster, farmer, military officer. Born in Madison Co., Kentucky. Married Mary (Polly) Reid. Moved to Hancock Co., Illinois, ca. 1831, eventually settling in Green Plains. Served in Black Hawk War, 1832. Served as captain in ...

View Full Bio
say any thing that I recollect—nor
Aldrich

22 Jan. 1802–21 Sept. 1873. Furrier, postmaster, land developer, merchant, politician. Born in Washington Co. (later in Warren Co.), New York. Son of Artemas Aldrich and Huldah Chamberlain. Moved to Hadley Township, Saratoga Co., New York, by Aug. 1810. Moved...

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; but Grover said if no one else would go, he would go alone, and started off. I came within about four miles of
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
with them. A call was made at the Railroad Shantee for volunteers.
I understood the call was for volunteers to kill the Smiths. This was 10 or 12 miles from
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...

More Info
—about noon. Some carried their arms, and some put them in the baggage wagons. Most of the men were on foot.
Aldrich

22 Jan. 1802–21 Sept. 1873. Furrier, postmaster, land developer, merchant, politician. Born in Washington Co. (later in Warren Co.), New York. Son of Artemas Aldrich and Huldah Chamberlain. Moved to Hadley Township, Saratoga Co., New York, by Aug. 1810. Moved...

View Full Bio
was on horseback—so was
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
; Grover was on foot. Between 60 and 100 started in this way. There were two or three baggage wagons, perhaps more. I left them about four miles from here, where they had halted. [p. 6]
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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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