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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.]

Closing Argument of Orville Browning, 29 May 1845 [State of Illinois v. Williams et al.]

Source Note

Orville Browning

10 Feb. 1806–10 Aug. 1881. Lawyer, politician. Born at Cynthiana, Harrison Co., Kentucky. Son of Micajah Browning and Sarah Brown. Attended Augusta College, in Augusta, Bracken Co., Kentucky. Moved to Quincy, Adams Co., Illinois, ca. 1831, and practiced law...

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, Closing Argument, [
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, 29 May 1845] State of IL v. Williams et al. (Hancock Co., IL, Circuit Court 1845). Copied [between ca. 11 Feb. 1944 and ca. 16 Jan. 1968] in “Minutes of Trial of Members of Mob Who Helped Kill Joseph Smith, the Prophet,” pp. 15–20 (first numbering); CHL.
The custodial history of this typescript is unknown. Wilford C. Wood acquired the manuscript from Frank C. Baum in 1944 and thereafter created three typescript transcripts of it.
1

Mrs. Frank Baum, Quincy, IL, to Wilford C. Wood, Woods Cross, UT, Receipt, 11 Feb. 1944, microfilm, reel 16, Wilford C. Wood Collection of Church Historical Materials, CHL; Letter, Wilford C. Wood, Woods Cross, UT, to David O. McKay, 16 Feb. 1944, microfilm, reel 16, Wilford C. Wood Collection of Church Historical Materials, CHL.


Comprehensive Works Cited

Wilford C. Wood Collection of Church Historical Materials. Microfilm. CHL. MS 8617.

Two of the transcripts, identified as a first copy and a carbon copy, were retained by Wood and are in the possession of the Wilford C. Wood Museum in Bountiful, Utah.
2

See “Martyrdom Court Records (typed) carbon 4-c-b-2.2,” microfilm, reel 5, Wilford C. Wood Collection of Church Historical Materials, CHL; and “Martyrdom Court Records (Typed) 4-c-b-2.4,” microfilm, reel 25, Wilford C. Wood Collection of Church Historical Materials, CHL.


Comprehensive Works Cited

Wilford C. Wood Collection of Church Historical Materials. Microfilm. CHL. MS 8617.

At an unknown time, Wood created a third transcript titled “Minutes of Trial of Members of Mob who Helped Kill Joseph Smith, the Prophet” that was donated to the Church Historian’s Office before Wood’s death in 1968.
3

“Rites Held for Wilford C. Wood,” Davis County Clipper, 26 Jan. 1968, [12]. This title page is not included in the other typescripts.


Comprehensive Works Cited

Davis County Clipper. Bountiful, UT. 1892–.

The transcripts contain portions that are unaccounted for in the manuscript. The copy donated to the church is virtually identical to the copies at the Wood Museum, except that some of the documents are in a different order. The typescript was presumably placed in a Joseph Smith name file after its donation. Church Historical Department (now CHL) staff cataloged the typescript in 1973.
4

See the full bibliographic entry for “Minutes of Trial of Members of Mob Who Helped Kill Joseph Smith, 1844–1845,” in the CHL catalog; and Oaks and Hill, Carthage Conspiracy, 227.


Comprehensive Works Cited

Oaks, Dallin H., and Marvin S. Hill. Carthage Conspiracy: The Trial of the Accused Assassins of Joseph Smith. Urbana: University of Illinois Press, 1975.

Footnotes

  1. [1]

    Mrs. Frank Baum, Quincy, IL, to Wilford C. Wood, Woods Cross, UT, Receipt, 11 Feb. 1944, microfilm, reel 16, Wilford C. Wood Collection of Church Historical Materials, CHL; Letter, Wilford C. Wood, Woods Cross, UT, to David O. McKay, 16 Feb. 1944, microfilm, reel 16, Wilford C. Wood Collection of Church Historical Materials, CHL.

    Wilford C. Wood Collection of Church Historical Materials. Microfilm. CHL. MS 8617.

  2. [2]

    See “Martyrdom Court Records (typed) carbon 4-c-b-2.2,” microfilm, reel 5, Wilford C. Wood Collection of Church Historical Materials, CHL; and “Martyrdom Court Records (Typed) 4-c-b-2.4,” microfilm, reel 25, Wilford C. Wood Collection of Church Historical Materials, CHL.

    Wilford C. Wood Collection of Church Historical Materials. Microfilm. CHL. MS 8617.

  3. [3]

    “Rites Held for Wilford C. Wood,” Davis County Clipper, 26 Jan. 1968, [12]. This title page is not included in the other typescripts.

    Davis County Clipper. Bountiful, UT. 1892–.

  4. [4]

    See the full bibliographic entry for “Minutes of Trial of Members of Mob Who Helped Kill Joseph Smith, 1844–1845,” in the CHL catalog; and Oaks and Hill, Carthage Conspiracy, 227.

    Oaks, Dallin H., and Marvin S. Hill. Carthage Conspiracy: The Trial of the Accused Assassins of Joseph Smith. Urbana: University of Illinois Press, 1975.

Historical Introduction

See Introduction to State of Illinois v. Williams et al. and State of Illinois v. Elliott–C.

Page 16

witnesses whose testimony
Mr. Lambourn

31 Jan. 1809–31 Mar. 1847. Lawyer. Born in Chester Co., Pennsylvania. Son of Samuel Lamborn and Mary McGinnis. Moved to Cincinnati, Hamilton Co., Ohio, 1811; to Washington Co., Kentucky; to Springfield, Sangamon Co., Illinois, 1832; and to Jacksonville, Morgan...

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has thrown out.
Mr Lambourn

31 Jan. 1809–31 Mar. 1847. Lawyer. Born in Chester Co., Pennsylvania. Son of Samuel Lamborn and Mary McGinnis. Moved to Cincinnati, Hamilton Co., Ohio, 1811; to Washington Co., Kentucky; to Springfield, Sangamon Co., Illinois, 1832; and to Jacksonville, Morgan...

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says he came here a stranger without sympathy. Why tell you of this? Can it be for any other purpose than to arouse your sympathy for him? He says he stands alone. If by this he means he has made all the speeches on the other side, he is right— but if he means to be understood that he has had no aid or advice from others, he certainly resumes much on your [blank].
In his opening remarks he complains to you that the defts. paraded before him an array of attorneys, that he stood alone and there were four against him. There are 6 defendants and they have but 4 attorneys, not an attorney apiece.
Mr. Lambourn

31 Jan. 1809–31 Mar. 1847. Lawyer. Born in Chester Co., Pennsylvania. Son of Samuel Lamborn and Mary McGinnis. Moved to Cincinnati, Hamilton Co., Ohio, 1811; to Washington Co., Kentucky; to Springfield, Sangamon Co., Illinois, 1832; and to Jacksonville, Morgan...

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thus tries from step to step to arouse your prejudice against the defts, and sympathy for him, but yet proclaims to be magnanimous. He claims to be a stranger in a strange land. How came he here and for what purpose? Who brought him among strangers? The people of
Hancock

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

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did not send for him. He thrust himself among them. We have an atty appointed by law in this circuit whose business it is to prosecute in behalf of the people. It is his business to prosecute not persecute— and when he finds the evidence insufficient to warrant a conviction his duty is to advise the jury to acquit, and such was to be his course here— but in this case private malignancy is to be gratified and not justice sought for.
Mr. Lambourn

31 Jan. 1809–31 Mar. 1847. Lawyer. Born in Chester Co., Pennsylvania. Son of Samuel Lamborn and Mary McGinnis. Moved to Cincinnati, Hamilton Co., Ohio, 1811; to Washington Co., Kentucky; to Springfield, Sangamon Co., Illinois, 1832; and to Jacksonville, Morgan...

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says that affidavits have been filed with the
executive

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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of this
state

Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...

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relative to this difficulty which has partly [blank] his [blank] who [blank] them— and what are they. Such means has never been resorted to before to procure convictions. On the part of defts. the course has been just the reverse— they have right to be brought to a trial and [blank] trial and have the case disposed of so that they might not and their families be harrassed continually. As soon as reason appeared to prosecute they voluntarily came forward and demand a trial. They have done nothing to arouse passion or prejudice to prevent a fair and impartial trial. There have been more efforts to forestall public opinion not only of prejudice but of hatred against these men, than you or I or the court have ever before known.
Mr. Lambourn

31 Jan. 1809–31 Mar. 1847. Lawyer. Born in Chester Co., Pennsylvania. Son of Samuel Lamborn and Mary McGinnis. Moved to Cincinnati, Hamilton Co., Ohio, 1811; to Washington Co., Kentucky; to Springfield, Sangamon Co., Illinois, 1832; and to Jacksonville, Morgan...

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says there has been affidavits filed. Why does he not tell us who filed them? Were they filed by the [blank] [William] Daniels and
[Benjamin] Brackenbury

27 Apr. 1827–8 May 1897. Farmer, blacksmith. Born in New London, Huron Co., Ohio. Son of Joseph Blanchett Brackenbury and Elizabeth Davis. Moved to Whitmer Settlement, Jackson Co., Missouri, by ca. spring 1832; to Wayne City (later Sugar Creek), Jackson and...

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— men so foul they will not stay even in
Mr. Lambourn

31 Jan. 1809–31 Mar. 1847. Lawyer. Born in Chester Co., Pennsylvania. Son of Samuel Lamborn and Mary McGinnis. Moved to Cincinnati, Hamilton Co., Ohio, 1811; to Washington Co., Kentucky; to Springfield, Sangamon Co., Illinois, 1832; and to Jacksonville, Morgan...

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’s hands. The public press has taken the matter up— one a leading paper at the seat of government, and another one published in your
county

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

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. One reason for the delay in this case has been to procure the testimony of
Gov. [Thomas] Ford

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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— for this case the cause was cont’d at the last time, yet
Mr. Lambourn

31 Jan. 1809–31 Mar. 1847. Lawyer. Born in Chester Co., Pennsylvania. Son of Samuel Lamborn and Mary McGinnis. Moved to Cincinnati, Hamilton Co., Ohio, 1811; to Washington Co., Kentucky; to Springfield, Sangamon Co., Illinois, 1832; and to Jacksonville, Morgan...

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exhibits a letter from the
govenor

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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[p. 16]
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Page 16

Document Information

Related Case Documents

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

Editorial Title
Closing Argument of Orville Browning, 29 May 1845 [State of Illinois v. Williams et al.]
ID #
20270
Total Pages
6
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