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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

, Closing Argument, [, 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. 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. 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. 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.

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

Page 19

, although there were as many as 60 present all talking. Is not this remarkable? Do you believe she heard Grover and say a word that evening? She saw in company with just before sundown talking with Mrs. [Ann] Fleming. Mrs. F. swears she did not see at all that day or night. [blank] from Starkin [Starkey] on evidence the law relative to the effect upon the case of introducing prejudiced witnesses. Also the law requiring the verdict to conform to the evidence.
Although the defendants be guilty, yet all you can look at for the purpose of determining that question is the evidence and unless you are satisfied of the guilt of the defendants beyond any reasonable doubt you must acquit them. The evidence in this case what little there be of it is all circumstantial. Here read from Starkin on evidence the law relative to circumstnatial evidence and then said, in this case, assuming all to be true which the circumstances proved true to prove, yet if the murder might, with those circumstances existing, have been committed by someone else you must acquit these men. Circumstances to amount to proof must be exclusive, that is, they must shut out the possibility of the existence of any other fact than that sought to be proved— and it will be my business by and by to show you that there are 50 ways the murder might have been committed without these men doing it. Then read the case from Starkin of the girl who was tried and convicted for the murder of her mistress, who afterwards it appeared from the confession of the real murderer, was murdered by a person who got in at the window. And said— the jury were guilty of the murder of that girl. also read the case of Mr. Bennard who was indicted, tried and convicted for sending a threatening letter to the Duke of Marlborough. Now I say as says, throw entirely aside the evidence of Daniels, and Miss [Eliza] Graham.
What other evidence is there in the case. says it was sufficient ample for a conviction— if he thinks so now he thought so when it was given in. Well, he has been at an immense amount of labor for nothing. If he really believed it he would not have put himself to the trouble of bringing these perjured witnesses. Do you— can you— believe him sincere. Now what is the other evidence against the defendants. There are but three witnesses who know anything about it. Payton [John Peyton] said said at the Shantee I will be dammed if I will kill the Smiths; therefore, to use the argument of they did go and kill him. Nothing was said by either of the defendants about going to to kill the Smiths. Nothing occurred at the Shantee to show that these defts. had anything to do with the murder of the Smiths (even admitting that the murder was committed by some of the crowd). It is [p. 19]
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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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