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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.]

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

Page

State of Illinois v. Williams, J. Davis, Aldrich, Sharp, Voras, Wills, Grover, Gallaher, and Allen
Hancock Co., Illinois, Circuit Court, 30 May 1845
 
State of Illinois v. Elliott–C
Nauvoo, Hancock Co., Illinois, Justice of the Peace Court, 12 February 1845
 
Historical Introduction
In May 1845, five men—, , , , and William Grover—stood trial for the of JS. On 27 June 1844, a mob stormed the jail in , Illinois, where JS and his brother were imprisoned awaiting trial. Hyrum Smith was quickly killed by a shot through the door, while JS fired three pistol shots at the mob before he was killed. Just hours after the murders, governor met with and in Carthage and pledged that the murders would be investigated. As Ford later explained to the state legislature, he “was determined from the first, for the honor of the State, that this murder should be fully enquired into; and some of the guilty brought to trial.” However, Ford favored a limited prosecution of only “a few individuals” involved in the attack and later claimed that he “was never anxious to proceed with the full rigor of the law” in this case. Over the next several months, he occasionally corresponded or met with church leaders over how best to proceed with potential prosecution. For their part, leaders in , Illinois, began gathering evidence and affidavits related to the attack.
On 4 July, William Daniels, a resident of Augusta, Hancock County, came to with a letter of introduction from a Latter-day Saint in Augusta and swore out an affidavit to . Daniels claimed to have accompanied the militia who attacked the jail and to have witnessed the events leading to the murders. In his brief affidavit, Daniels testified that he had been with Captain ’s militia company under the command of Colonel on 27 June when they received ’s order to disband. Newspaper editor then addressed the men near a railroad crossing and called for volunteers to kill JS and . Williams led the volunteers to while Davis returned to , Hancock County. Daniels accompanied the volunteers to Carthage and testified that he witnessed the assault on the jail. According to Daniels, after JS jumped from the second-story window of the jail, a member of the mob placed JS against the curb of a well, where several individuals shot him at the express direction of Williams. Church leaders immediately forwarded Daniels’s affidavit to Ford, and his testimony served as the basis for much of the subsequent effort to prosecute those responsible for the murders.
Despite the early attempts to gather evidence, no official legal action was taken against the men accused of participating in the murder for over two months. apparently advised church leaders to delay prosecution until the heightened tension following the deaths of JS and died down. However, this delay coincided with the August 1844 local and congressional elections, which further inflamed tensions between the Latter-day Saints and their opponents. Latter-day Saints and their supporters voted for a slate of friendly candidates under the title “Old Citizens law and order ticket,” which overwhelmingly carried the election. The potential prosecution of JS’s murderers hung heavily over the election; at least one candidate, , reportedly made a promise to arrest those responsible for the murder if elected. With Latter-day Saints and their allies in control of the major county offices such as sheriff and coroner as well as the county commissioners’ court, they were poised to shape selection and other administrative processes of the county’s .
Anger over the election results led to additional hostility from the church’s opponents. On 7 September 1844, and several other prominent members of the Anti-Mormon Party announced a “Grand Military Encampment” for the independent state militia companies in and around to be held in between 27 September and 2 October 1844. Although it was advertised as a militia drill, word allegedly spread privately that the true purpose of the camp was to conduct a “wolf hunt” in Hancock County targeting Latter-day Saints and sympathetic county officials derisively called Jack-Mormons. In mid-September, called out a sizable force of the state militia to travel to Hancock County to keep the peace and prevent the rumored attacks. Ford’s political enemies alleged that the true purpose of his military expedition was to assist in the arrest of the men who killed JS and , anticipating that the accused men would resist legal process, a charge that Ford later acknowledged to have some merit.
Indeed, ’s expedition to coincided with an arrest attempt on at least three of the men accused of participating in JS’s murder. On 8 September, Ford had written to and with advice on how to proceed with the case and a list of potential witnesses, including Daniels. Ford described the limitations on his power to act unilaterally to arrest the perpetrators but suggested that a complaint should be filed, preferably with a justice of the peace outside of , and then if the accused men resisted or fled, Ford would be able to offer more direct assistance. On 22 September, Murray McConnel, a prominent attorney from , Illinois, arrived in Nauvoo with authority from Ford to collect evidence and begin prosecuting the case. In a meeting with church leaders, McConnel apparently encouraged them to pursue charges against and . Accordingly, swore out a complaint before Nauvoo justice of the peace that identified Williams and Sharp as two of the men responsible for JS’s death, and Johnson issued a warrant for their arrest. According to newspaper reports at the time, warrants were also issued to arrest , , , , and several other individuals who were allegedly connected to the murders; these warrants and other related documents are apparently not extant.
McConnel evidently hoped that Latter-day Saints would furnish a posse to help arrest , , and others accused of participating in the murders; however, church leaders declined his request. Initial attempts to arrest Sharp and Williams were unsuccessful. arrived in the county on 25 September with his militia force of around five hundred men, and in response, Sharp, Williams, and fled across the into to evade capture. Over the next several days, Ford vacillated over how best to proceed. By 29 September, he decided to make a limited incursion of state militia into Missouri to arrest the fugitives and even obtained a boat from to ferry the troops across. Before he could do so, however, one of his subordinates in the militia, Colonel , independently met with Sharp and Williams, began to negotiate terms of surrender, and refused to participate in Ford’s plans. Faced with this insubordination and a lack of authority with his own troops, Ford signed an agreement on 30 September promising that Sharp and Williams would be taken to circuit court judge in , Illinois, for a hearing; if bound over to stand trial, they would be granted bail; any subsequent trial would be continued to the next term; and state prosecutors would not oppose a change of venue. Sharp and Williams accepted the terms, surrendered themselves to authorities in , and were taken to Quincy for a preliminary hearing before Judge Thomas.
Prior to the hearing, informed , who was now acting as an attorney for and , that he would not be bound by their agreement with because the constitution explicitly forbade granting bail for capital offenses like murder if evidence of guilt was presented at a preliminary hearing. To overcome this obstacle, defense attorneys Baker and made an unusual agreement with prosecuting attorneys on 2 October: The defendants agreed to forgo a preliminary hearing and voluntarily sign a to appear at court to stand trial for any future indictments. Thomas acquiesced to these arrangements and took a recognizance of $2,000 from Sharp and Williams, instructing them to appear before the next session of the Circuit Court to answer a charge of murder and allowing them to go free.
The next session of the circuit court opened on 21 October 1844 under , who swore in the grand jury members selected by the Commissioners’ Court. Between 22 and 25 October, the grand jury heard witness testimony regarding the murders. Although there was evidently some difficulty in agreeing on the indictments, on 26 October the panel indicted nine men for the murder of JS: John Wills, William Voras, William Grover, , , , , and two men, Gallaher and Allen, whose first names were not known. Wills, Voras, Gallaher, and Allen never were arrested or stood trial, presumably because they fled the county. As soon as the grand jury returned the indictment to the court, McConnel, acting on ’s instructions as an assistant prosecutor, asked the court to issue a to arrest the indicted men, but attorneys for the defendants demanded an immediate trial. McConnel objected to their motion. The demand reneged on their earlier agreement with Ford about continuing the trial to the next session of the circuit court, and McConnel claimed that the prosecution was not ready to proceed. After some debate, the parties ultimately made a verbal agreement that the defendants would consent to continue the trial to the next court term in May 1845 if McConnel promised to instruct the court clerk not to issue a capias to arrest them unless explicitly ordered to do so by McConnel or the judge. This arrangement again allowed the defendants to bypass laws that required the arrest and incarceration of individuals accused of capital offenses like murder.
Despite this agreement, sometime in November 1844 a decision was made to arrest the defendants and an order given to the circuit court clerk to issue a capias. The circumstances behind the attempt, including the identity of the official who ordered the arrests, are unclear. Regardless, McConnel wrote to the circuit court clerk in mid-November and instructed him to obey the order. Accordingly, an arrest warrant was issued on 20 November. Although attempted to arrest all the defendants, his initial efforts were unsuccessful. Undeterred, Deming later arrested state senator on Christmas in , Illinois, where Davis was attending a term of the state legislature. Upon learning of Davis’s arrest, the Senate summoned Deming and ordered him to produce the documents justifying it. After an investigation, the senate ordered Deming to release Davis. There were no further attempts to arrest any of the men indicted for JS’s murder prior to the trial, which remained scheduled for May 1845.
 
State of Illinois v. Elliott–C
In February 1845, there was an attempt to bring another alleged member of the mob that murdered JS and to justice in . On 11 February, Nauvoo resident and Latter-day Saint made a complaint before justice of the peace claiming that had participated in the deaths of JS and Hyrum Smith, although Scott later testified that he “knew nothing personally” about Elliott’s involvement. Based on the complaint, Johnson issued a warrant for Elliott’s arrest. Elliott, who was in Nauvoo at the time acting as a constable serving legal process, had previously participated in the kidnapping of Latter-day Saint and had allegedly threatened JS’s life. To address the charges, Johnson held a preliminary hearing on 12 February with fellow justices of the peace and . Aside from old allegations that he had threatened JS’s life, the primary evidence against Elliott came from , an estranged Latter-day Saint. Brackenbury had testified before the grand jury in October that he had driven one of the baggage wagons for the militia members who had attacked the jail. At the 12 February hearing, Brackenbury asserted that he had seen Elliott in the mob, and the justices determined there was sufficient evidence to convey Elliott to to await trial for murder. Almost immediately after his incarceration, Elliott escaped the jail. He was recaptured a month later but escaped again and never stood trial.
 
State of Illinois v. Williams et al. (Continued)
On 8 March 1845 a justice of the peace in Augusta, Illinois, issued an arrest warrant for after citizens in southern accused him of committing . Although the charge stemmed from his testimony before the grand jury the previous fall, the timing of the arrest suggested to some Latter-day Saints that it was made in retaliation for Brackenbury’s testimony against . For Latter-day Saints in , Brackenbury’s arrest was the latest in a long string of judicial and legislative attacks against the Saints that left them feeling exceedingly hostile toward the government and legal systems of and the . Frustrated with the special treatment rendered to the men accused of murdering JS and and fearing that their participation would only lead to further conflict and violence, church leaders took a hard stand against participating in the murder trial as well as in the legal system more broadly. When the trial opened in May 1845, apostle and Nauvoo president denied an urgent request from the prosecuting attorney for church leaders to submit a list of witnesses for the trial, declaring that they “wanted nothing to do with it,” as the trial was “between the State and the prisoners or offenders,” not “the Mormons & anti Mormons.” In addition to questioning the impartiality of the court, they expressed their fear that if they were “to enlist in attempting to bring the murderers to justice, no matter how legal in our movements, it would be construed into a persecution.” They pledged to maintain peace regardless of the result of the trial.
The next term of the Circuit Court opened on Monday, 19 May 1845, with judge presiding. That same day, defendants , , , , and Grover appeared, and each individually agreed to a $1,000 recognizance for their continual attendance during the term. Because of the extraordinary interest in the proceedings of the trial, many newspapers reported summaries. At least three individuals also made lengthy accounts of the proceedings and witness testimony. These include two sets of trial minutes by defense attorney and his law partner . Skinner’s notes were later revised and published in pamphlet form by Thomas Sharp. , a Latter-day Saint and student of Pitman shorthand, also attended the trial and took shorthand minutes of the testimony and legal proceedings.
On 21 May 1845, the trial formally opened. handled the prosecution at the request of , while attorneys , , , , , and represented the defendants. Immediately after the case came before the judge, the defense attorneys requested that the judge the jury panel that had been summoned for that term of court. To support this motion, the attorneys submitted an affidavit claiming that the members of the Commissioners’ Court, who had been elected by the Saints and their allies the previous fall, were prejudiced against the defendants and had not selected an impartial jury. A second affidavit from the defendants further claimed that the sheriff and his deputies were also prejudiced against the defendants and that the coroner was not in the state at the time. For a fair trial to proceed, they argued, a court officer, known as an , would have to be appointed. These affidavits sought to work around laws for jury selection. To justify the quashing of the jury panel, the defense attorneys based their argument on a precedent from William Blackstone’s influential commentary on English law, which allowed for juries to be quashed if there was suspicion that the sheriff or coroner had been biased. Then a new jury could be selected by two elisors. Lamborn objected to the motion and affidavits of the defense, noting that there were no provisions in Illinois law that allowed for the quashing of an entire jury panel, nor bypassing all elected county officials. Furthermore, he stated that the request lacked any precedent in law. Ultimately, ruled in favor of the defendants, quashing the jury and ordering the defense counsel and prosecution to select two men to serve as elisors to select a new jury.
The next day, 22 May 1845, , a former state representative and senator for , and , a former Hancock County sheriff, were sworn in as elisors and began their work of selecting a replacement jury. To do so, the elisors selected twenty-four men at a time from those assembled at ; those selected would then be sworn in and questioned. It took two full days and four rounds of selection and questioning before the twelfth juror was selected in the evening of 23 May 1845. With the new jury selected, the court assembled on Saturday morning, 24 May, to begin hearing arguments and testimony. After reading the indictment to the jury, gave his opening statement, applauding the jurors and calling for them to support law and justice by convicting the defendants. Lamborn argued, “It is not necessary to prove that these men, entered the Jail, or shot the Gun, or any of these instruments, by which his death was accomplished, in order to convict them, but that the mob, got its spirit, impulse, movements, and blood thirstiness, from the minds, and dispositions of these men, and that they were the instigators of that mob.” In his opening statement for the defense, countered that Lamborn would have to prove the charges by evidence and not emotion.
After the opening statements, began to examine the witnesses for the prosecution. Between Saturday and Tuesday morning, Lamborn questioned sixteen witnesses over their knowledge of the murders. Most of the residents who testified were at least somewhat hostile to the prosecution. Although many of them confirmed that they heard some of the defendants make speeches denouncing the Smiths at the shanties near the railroad crossing and even saw , , and some of the other defendants in at the time of the attack, they were not entirely forthcoming with information. Most notably, Franklin Worrell, a member of the Carthage Greys militia unit who was guarding the jail on 27 June 1844, refused to say whether he and his fellow guards had loaded blank cartridges in their guns in preparation for the attack because the answer would incriminate him.
Since church leaders had declined to support the prosecution, only three Latter-day Saints participated as witnesses in the trial: , Eliza Graham, and William Daniels, who had joined the church in late 1844. The nineteen-year-old Graham, who had not appeared before the grand jury, testified that she was working as a serving girl in a tavern the night JS was murdered. Late that evening, she said, , , Grover, and other members of the mob stopped at the tavern for food and shelter, and during their stay they many made remarks about having killed the Smiths. Daniels’s testimony was complicated by the publication in , just weeks before the trial, of a book about the murders of JS and . Although the book generally followed the narrative Daniels had related in his affidavits and testimony, it also included several supernatural and exaggerated details. Most notably, the book claimed that JS had been killed by a firing squad of four men after he fell from the jail and that a member of the mob attempted to disfigure his body after his death but was stopped by a miraculous light that paralyzed the five attackers. In his testimony, Daniels claimed that although published in his name, the book had been written by , an employee in the Nauvoo printing office, based on information Daniels had provided and that Littlefield was to blame for exaggerating Daniels’s account. Nevertheless, at the trial Daniels affirmed many aspects of the account, including the existence of a four-man firing squad and a flash of something like lightning paralyzing several of the attackers.
The attorneys for the defense began examining witnesses on Tuesday afternoon and concluded late Wednesday morning. The sixteen witnesses for the defense concentrated almost exclusively on rebutting the three Latter-day Saint witnesses for the prosecution. For , the defense summoned two members of the October 1844 grand jury who testified about inconsistencies between the testimony he gave the grand jury and his testimony at the trial. With Daniels, the defense questioned his motivations to testify by producing witnesses who claimed Daniels bragged to them that he was being paid hundreds of dollars for his testimony. They also called witnesses who testified against aspects of Daniels’s book, such as the appearance of a light. Finally, their last several witnesses offered testimony that contradicted some of Graham’s statements, calling her recollections into question.
The attorneys began giving closing arguments Wednesday afternoon and continued all day Thursday. Going first, made several major concessions to the defense. First, he withdrew from consideration the testimony given by the three Latter-day Saint witnesses. He acknowledged that the testimony of and Daniels had been sufficiently undermined and questioned so that they appeared perjured, and while he personally thought Graham was honest, he would withdraw her testimony as well. Further, he acknowledged that the existing testimony was not enough to convict or Grover, so although he believed they were guilty, he withdrew the charges against those two men. Although only circumstantial evidence existed against the remaining defendants, Lamborn urged the jury to convict them, arguing that testimony established that several of the defendants denounced the Smiths at the railroad shanties and were later seen in just before or at the time of the attack on the jail.
Following ’s remarks, defense attorneys , , and addressed the jury in turn. Although they all acknowledged that some of the defendants had made speeches attacking the Smiths and had then gone to , they stated that the prosecution could not prove they killed the Smiths except through the testimony of the witnesses Lamborn had rejected—, Daniels, and Graham. They also doubled down on attacking the character of these three witnesses and the prosecution for initially relying on them. In addition to these general attacks, they each made individual appeals to the jury to acquit the defendants. Warren, for example, used his closing argument to attack the Smiths as “false prophets,” paraphrasing Matthew 24, and argued that the defendants were no more guilty of murder than most of the other residents of who opposed the Saints. Skinner attacked Lamborn, claiming that the attorney wanted to win the case for personal glory and not so justice could be done. Skinner and Browning also accused and others of having prosecuted the defendants or interfered in the trial for political aims.
On Friday morning, 30 May 1845, around eleven o’clock, addressed the jury. In his remarks, written by the defense counsel, Young instructed the jurors on the legal nature of circumstantial evidence, cautioned them not to base their verdict on the testimony of Daniels, , or Graham, and explained that “unless the circumstances and facts proven in this case satisfy them as fully and completely of the guilt of the Defendants, as they would have been satisfied by the positive evidence of eye witnesses, they will find the Defendants not guilty.” The jury then retired until two in the afternoon, when they returned a verdict of not guilty. The defendants requested an immediate trial for the murder of , for which they had also been indicted in October 1844. However, this was scheduled for a special session of the circuit court to be held on 25 June 1845. When the case came to trial, the charges were dismissed because no one from the state arrived to prosecute the case. The outcomes of the two trials for the men accused of murdering JS and Hyrum Smith emboldened the opponents of the Latter-day Saints to commit further acts of violence later that fall and further soured the already negative attitudes held by the Saints toward the state and federal government.
 
Calendar of Documents
This calendar lists all known documents created by or for the court, whether extant or not. It does not include versions of documents created for other purposes, though those versions may be listed in footnotes. In certain cases, especially in cases concerning unpaid debts, the originating document (promissory note, invoice, etc.) is listed here. Note that documents in the calendar are grouped with their originating court. Where a version of a document was subsequently filed with another court, that version is listed under both courts.
 
State of Illinois v. Williams et al., Hancock Co., Illinois, Justice of the Peace Court

1844 (3)

September (3)

22 September 1844

John Taylor, Complaint, before Aaron Johnson, Nauvoo, Hancock Co., IL

  • 22 Sept. 1844; microfilm 1,521,604 at FHL; manuscript form with manuscript additions in handwriting of Murray McConnel; signatures of John Taylor and Aaron Johnson; certified by Aaron Johnson.
22 September 1844

Aaron Johnson, Warrant, to “all Sherriffs Coroners and Constables” of Illinois, for Levi Williams and Thomas Sharp, Nauvoo, Hancock Co., IL

  • 22 Sept. 1844; microfilm 1,521,604 at FHL; manuscript form with manuscript additions in handwriting of Murray McConnel; signature of Aaron Johnson; docket in handwriting of Murray McConnel; notations in handwriting of Miner R. Deming; notation presumably in handwriting of John H. Holton; notation in handwriting of Jacob B. Backenstos.
22 September 1844

Aaron Johnson, Warrant, for William Law and Others, Nauvoo, Hancock Co., IL

  • 21 Sept. 1844. Not extant.
 
State of Illinois v. Williams et al., State of Illinois, Office of the Governor

1844 (2)

September (2)

27 September 1844

Thomas Ford, Proclamation, Nauvoo, Hancock Co., IL

  • 27 Sept. 1844; By the Governor of the State of Illinois, broadside, [Nauvoo, IL: 27 Sept. 1844], copy at CHL.
  • 2 Oct. 1844; Nauvoo Neighbor, 2 Oct. 1844, [2].
30 September 1844

Thomas Ford, Agreement, Warsaw, Hancock Co., IL

  • 30 Sept. 1844; unidentified handwriting; signature of Thomas Ford; docket in unidentified handwriting.
  • Ca. 30 Sept. 1844; Collection of Manuscripts about Mormons, 1832–1954, Chicago History Museum; unidentified handwriting.
 
State of Illinois v. Williams et al., Adams Co., Illinois, Circuit Court

1844 (2)

October (2)

2 October 1844

A. S. Bledsoe and Others, Agreement, Quincy, Adams Co., IL

  • 2 Oct. 1844; Beinecke Rare Book and Manuscript Library, Yale University, New Haven, CT; unidentified handwriting; signatures of A. S. Bledsoe, Thompson Campbell, Orville Browning, and Edward D. Baker; docket in unidentified handwriting.
  • After 2 Oct. 1844; Collection of Manuscripts about Mormons, 1832–1954, Chicago History Museum; unidentified handwriting.
  • 9 Oct. 1844; in “History of the Latest Mormon War,” Warsaw Signal, 9 Oct. 1844, [2]–[3].
2 October 1844

Levi Williams and Others, Recognizance, Quincy, Adams Co., IL, to “the people of the State of Illinois”

  • 2 Oct. 1844; microfilm 1,521,604 at FHL; unidentified handwriting; signatures of Thomas Sharp, Levi Williams, Robert Smith, Mark Aldrich, John Harris, Jeremiah Smith , John D. Mellen, Harmon T. Wilson, Henry Stephens, Charles C. Stevens, and Elam Freeman; certified by Jesse B. Thomas; docket and notation in handwriting of Jacob B. Backenstos.
 
State of Illinois v. Williams et al., Hancock Co., Illinois, Circuit Court

1844 (16)

October (9)

9 October 1844

Murray McConnel, Praecipe, Hancock Co., IL, to Hancock Co. Circuit Court Clerk, Carthage, Hancock Co., IL

  • 9 Oct. 1844; photocopy in Collection of Court Documents Pertaining to the Trial of the Murderers of Joseph Smith, 1844–1845, 1968, CHL; handwriting of Murray McConnel.
25 October 1844

Murray McConnel, Praecipe, to Hancock Co. Circuit Court Clerk, Carthage, Hancock Co., IL

  • 25 Oct. 1844; microfilm 1,521,604 at FHL; handwriting of Murray McConnel; docket in handwriting of Murray McConnel; notation in handwriting of David E. Head.
26 October 1844

Indictment, Carthage, Hancock Co., IL

  • 26 Oct. 1844; microfilm 1,521,604 at FHL; manuscript form in handwriting of William Elliot with manuscript additions in handwriting of William Elliot; docket and notations in handwriting of William Elliot with signature of James Reynolds; notations in handwriting of Jacob B. Backenstos.
  • Ca. 26 Oct. 1844; Wilford Wood Museum, Bountiful, UT; images in Joseph Smith Murder Trial Papers, 1844–1845, CHL; handwriting of David E. Head and J. H. Baker.
26 October 1844

Docket Entry, Indictment, Carthage, Hancock Co., IL

  • 26 Oct. 1844; Hancock County Circuit Court Record, vol. D, p. [207], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
26 October 1844

Murray McConnel, Praecipe, to Hancock Co. Circuit Court Clerk, Carthage, Hancock Co., IL

  • 26 Oct. 1844; Hancock County Courthouse, Carthage, IL; handwriting of Murray McConnel; docket in handwriting of Murray McConnel; notation in handwriting of Jacob B. Backenstos.
26 October 1844

Docket Entry, Capias, Carthage, Hancock Co., IL

  • 26 Oct. 1844; Hancock County Circuit Court Record, vol. D, p. 208, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
26 October 1844

Docket Entry, Discharge from Recognizance, Carthage, Hancock Co., IL

  • 26 Oct. 1844; Hancock County Circuit Court Record, vol. D, p. 208, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
26 October 1844

Docket Entry, Recognizance, Carthage, Hancock Co., IL

  • 26 Oct. 1844; Hancock County Circuit Court Record, vol. D, pp. 208–[209], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
Ca. 27 October 1844

John J. Hicok and James Reynolds, Memorandum of Testimony, Hancock Co., IL

  • Ca. 27 Oct. 1844; CCLA; handwriting presumably of John J. Hicok; signatures of John J. Hicok and James Reynolds.
  • Ca. May 1845; Wilford Wood Museum, Bountiful, UT; images in Joseph Smith Murder Trial Papers, 1844–1845, CHL; handwriting of David E. Head.

November (2)

Ca. 19 November 1844

Murray McConnel, Order, to Hancock Co. Circuit Court Clerk, Carthage, Hancock Co., IL

  • Ca. 19 Nov. 1844; microfilm 1,521,604 at FHL; handwriting of Murray McConnel; docket and notation in handwriting of Jacob B. Backenstos.
20 November 1844

Jacob B. Backenstos, Warrant, to “all Sheriffs, Coroners, & Constables, in the State of Illinois” and Hancock Co. Sheriff, for Levi Williams and Others, Carthage, Hancock Co., IL

  • 20 Nov. 1844; Hancock County Courthouse, Carthage, IL; printed form with manuscript additions in handwriting of Jacob B. Backenstos; docket printed with manuscript additions in handwriting of Jacob B. Backenstos; notation in handwriting of David E. Head.
  • Ca. 20 Nov. 1844. Not extant.
  • Ca. 26 Dec. 1844; Reports Made to the Senate and House of Representatives of the State of Illinois, at their Session Begun and Held at Springfield, December 2, 1844, 158.

December (5)

14 December 1844

David E. Head, Subpoena, Carthage, Hancock Co., IL, to Sangamon Co. Sheriff, for Thomas Ford, 14 Dec. 1844–A

  • 14 Dec. 1844; microfilm 1,521,604 at FHL; printed form with manuscript additions in handwriting of David E. Head; docket printed with manuscript additions in handwriting of David E. Head; notations printed with manuscript additions presumably in handwriting of William Harvey; notation in handwriting of David E. Head.
14 December 1844

David E. Head, Subpoena, to Hancock Co. Sheriff, for Walter Bagby and Others, Carthage, Hancock Co., IL, 14 Dec. 1844–B

  • 14 Dec. 1844; Hancock County Courthouse, Carthage, IL; printed form with manuscript additions in handwriting of David E. Head; docket printed with manuscript additions in handwriting of David E. Head; notations printed with manuscript additions in handwriting of Miner R. Deming; notation in handwriting of J. H. Baker.
14 December 1844

David E. Head, Subpoena, Carthage, Hancock Co., IL, to Adams Co. Sheriff, for William Daniels, 14 Dec. 1844–C

  • 14 Dec. 1844; Hancock County Courthouse, Carthage, IL; printed form with manuscript additions in handwriting of David E. Head; docket printed with manuscript additions in handwriting of David E. Head; notations printed with manuscript additions in handwriting of James Pitman; notation in handwriting of David E. Head.
14 December 1844

David E. Head, Subpoena, Carthage, Hancock Co., IL, to Schuyler Co. Sheriff, for William Garrett, 14 Dec. 1844–D

  • 14 Dec. 1844; Hancock County Courthouse, Carthage, IL; printed form with manuscript additions in handwriting of David E. Head; docket printed with manuscript additions in handwriting of David E. Head; notations printed with manuscript additions in unidentified handwriting and signature presumably by Lewis D. Erwin; notation printed with manuscript additions presumably in handwriting of Lewis D. Erwin; notation in handwriting of David E. Head.
14 December 1844

David E. Head, Attachment, to Hancock Co. Sheriff, for Joseph Stanton and Others, Carthage, Hancock Co., IL

  • 14 Dec. 1844; Hancock County Courthouse, Carthage, IL; printed form with manuscript additions in handwriting of David E. Head; docket and notation in handwriting of David E. Head; notation in handwriting of Timothy Gridley Jr.; notation in unidentified handwriting; notation in handwriting of David E. Head.

1845 (59)

March (1)

20 March 1845

Jonas Hobart and Elisha Easterbrooks, Bond, Hancock Co., IL, to “the people of the state of Illinois”

  • 20 Mar. 1845; Hancock County Courthouse, Carthage, IL; printed form with manuscript additions in handwriting of Miner R. Deming; signatures of Jonas Hobart and Elisha Easterbrooks; docket in handwriting of Miner R. Deming; notation in handwriting of David E. Head.

May (58)

8 May 1845

David E. Head, Subpoena, Carthage, Hancock Co., IL, to Schuyler Co. Sheriff, for Thomas Dugan

  • 8 May 1845; Hancock County Courthouse, Carthage, IL; printed form with manuscript additions in handwriting of David E. Head; docket printed with manuscript additions in handwriting of David E. Head; notations printed with manuscript additions presumably in handwriting of S. G. Worley; notation in handwriting of David E. Head.
17 May 1845

Thomas Dixon and Samuel Dixon, Bond, Hancock Co., IL, to “the people of the state of Illinois”

  • 17 May 1845; Hancock County Courthouse, Carthage, IL; printed form with manuscript additions in unidentified handwriting; witnessed by Timothy Gridley Jr.; signatures of Samuel Dixon and Thomas Dixon; docket in handwriting of Timothy Gridley Jr.; notation in handwriting of J. H. Baker.
Ca. 18 May 1845

George Bachman, Praecipe, to Hancock Co. Circuit Court Clerk, Hancock Co., IL

  • Ca. 18 May 1845; Hancock County Courthouse, Carthage, IL; handwriting of George Bachman; docket and notation in handwriting of J. H. Baker.
19 May 1845

David E. Head, Subpoena, to Hancock Co. Sheriff, for John Carlisle, Carthage, Hancock Co., IL

  • 19 May 1845; Hancock County Courthouse, Carthage, IL; printed form with manuscript additions in unidentified handwriting; signature of David E. Head; docket printed with manuscript additions in unidentified handwriting; notations printed with manuscript additions in handwriting of Miner R. Deming; notation in handwriting of J. H. Baker.
19 May 1845

Docket Entry, Recognizance, Carthage, Hancock Co., IL

  • 19 May 1845; Hancock County Circuit Court Record, vol. D, p. 235, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of J. H. Baker.
20 May 1845

David E. Head, Subpoena, Carthage, Hancock Co., IL, to Adams Co. Sheriff, for Thomas L. English and Others

  • 20 May 1845; Hancock County Courthouse, Carthage, IL; printed form with manuscript additions in unidentified handwriting; signature of David E. Head; docket printed with manuscript additions in unidentified handwriting; notation in unidentified handwriting; notations printed with manuscript additions in handwriting presumably of James Pitman; notation in handwriting of J. H. Baker.
20–21 May 1845

Levi Williams and Others, Affidavit, before David E. Head, Carthage, Hancock Co., IL

  • 20–21 May 1845; microfilm 1,521,604 at FHL; unidentified handwriting; signatures of William Grover, Mark Aldrich, Levi Williams, Thomas Sharp, and Jacob Davis; certifications in handwriting of David E. Head; docket in unidentified handwriting; notation in handwriting of David E. Head.
21 May 1845

Levi Williams and Others, Affidavit, before David E. Head, Carthage, Hancock Co., IL

  • 21 May 1845; microfilm 1,521,604 at FHL; handwriting of unidentified scribe; signatures of Mark Aldrich, Levi Williams, William Grover, Thomas Sharp, and Jacob Davis; certification in handwriting of David E. Head; certification in handwriting o f J. H. Baker; docket in unidentified handwriting; docket and notation in handwriting of J. H. Baker.
21 May 1845

Docket Entry, Motion, Carthage, Hancock Co., IL

  • 21 May 1845; Hancock County Circuit Court Record, vol. D, p. 260, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of J. H. Baker.
21 May 1845

Docket Entry, Affidavits and Motions, Carthage, Hancock Co., IL

  • 21 May 1845; Hancock County Circuit Court Record, vol. D, p. [261], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of J. H. Baker.
21 May 1845

David E. Head, Subpoena, to Hancock Co. Sheriff, for Jeremiah Bentley, Carthage, Hancock Co., IL, 21 May 1845–A

  • 21 May 1845; Hancock County Courthouse, Carthage, IL; printed form with manuscript additions in unidentified handwriting; signature of David E. Head; docket printed with manuscript additions in unidentified handwriting; notation printed with manuscript additions in unidentified handwriting; notation printed with manuscript additions in handwriting of Miner R. Deming; notation in handwriting of J. H. Baker.
21 May 1845

David E. Head, Subpoena, to Hancock Co. Sheriff, for William Smith and James Reynolds, Carthage, Hancock Co., IL, 21 May 1845–B

  • 21 May 1845; Hancock County Courthouse, Carthage, IL; printed form with manuscript additions in unidentified handwriting; signature of David E. Head; docket printed with manuscript additions in unidentified handwriting; notations printed with manuscript additions in handwriting of J. M. Janes; notation in handwriting of J. H. Baker.
21–28 May 1845

Account of Trial, Carthage, Hancock Co., IL

  • 21–28 May 1845; Carthage Trial Proceedings, 1845, CHL; handwriting of George D. Watt.
  • Before 24 Aug. 1858; Report of the Trial of the Murderers of Joseph Smith, 1845, CHL; handwriting of George D. Watt and Daniel Mackintosh.
22 May 1845

Thomas Owen and William D. Abernethy, Oath, before David E. Head, Carthage, Hancock Co., IL

  • 22 May 1845; Hancock County Courthouse, Carthage, IL; handwriting of J. H. Baker; signatures of Thomas Owen and William D. Abernethy; certification in handwriting of David E. Head; docket and notation in handwriting of David E. Head.
22 May 1845

David E. Head, Subpoena, to Hancock Co. Sheriff, for Michael Barns and Others, Carthage, Hancock Co., IL, 22 May 1845–A

  • 22 May 1845; Hancock County Courthouse, Carthage, IL; printed form with manuscript additions in unidentified handwriting; signature of David E. Head in handwriting of J. H. Baker; notation printed with manuscript additions in handwriting of John Peyton; notation printed with manuscript additions probably in handwriting of William Backenstos; docket printed with manuscript additions in handwriting of J. H. Baker; notation in handwriting of J. H. Baker.
22 May 1845

David E. Head, Subpoena, to Hancock Co. Sheriff, for Mrs. Dearborn and Others, Carthage, Hancock Co., IL, 22 May 1845–B

  • 22 May 1845; Hancock County Courthouse, Carthage, IL; printed form with manuscript additions in handwriting of J. H. Baker; docket printed with manuscript additions in handwriting of J. H. Baker; notation in handwriting of J. H. Baker.
22 May 1845

David E. Head, Subpoena, to Hancock Co. Sheriff, for Eliza Graham, Carthage, Hancock Co., IL, 22 May 1845–C

  • 22 May 1845; Hancock County Courthouse, Carthage, IL; printed form with manuscript additions in unidentified handwriting; signature of David E. Head; docket printed with manuscript additions in unidentified handwriting and David E. Head; notations printed with manuscript additions in handwriting of Miner R. Deming; notation in handwriting of David E. Head.
22 May 1845

David E. Head, Subpoena, to Hancock Co. Sheriff, for Hyrum Judd, Carthage, Hancock Co., IL, 22 May 1845–D

  • 22 May 1845; Hancock County Courthouse, Carthage, IL; printed form with manuscript additions in unidentified handwriting; signature of David E. Head in handwriting of J. H. Baker; docket printed with manuscript additions in unidentified handwriting; notation printed with manuscript additions in handwriting of William D. Abernethy; notation in handwriting of J. H. Baker.
22 May 1845

David E. Head, Subpoena, to Hancock Co. Sheriff, for Eli H. Williams and Others, Carthage, Hancock Co., IL, 22 May 1845–E

  • 22 May 1845; Hancock County Courthouse, Carthage, IL; printed form with manuscript additions in handwriting of J. H. Baker; docket printed with manuscript additions in unidentified handwriting; notation printed with manuscript additions in handwriting of Miner R. Deming; notation printed with manuscript additions in handwriting of Timothy Gridley Jr.; notation in handwriting of J. H. Baker.
22 May 1845

David E. Head, Venire Facias, to Thomas Owen and William D. Abernethy, Carthage, Hancock Co., IL

  • 22 May 1845; Hancock County Courthouse, Carthage, IL; handwriting of David E. Head; docket in handwriting of David E. Head; notation in handwriting of William D. Abernethy with signatures of Thomas Owen and William D. Abernethy; notation in handwriting of David E. Head.
22 May 1845

Instructions for Jury Selection, Carthage, Hancock Co., IL

  • 22 May 1845; Wilford Wood Museum, Bountiful, UT; images in Joseph Smith Murder Trial Papers, 1844–1845, CHL; unidentified handwriting.
22 May 1845

David E. Head, Alias Venire Facias, to Thomas Owen and William D. Abernethy, Carthage, Hancock Co., IL

  • 22 May 1845; photocopy in Collection of Court Documents Pertaining to the Trial of the Murderers of Joseph Smith, 1844–1845, 1968, CHL; handwriting of David E. Head; notation in handwriting of William D. Abernethy; notation in handwriting of David E. Head.
22 May 1845

David E. Head, Pluries Venire Facias, to Thomas Owen and William D. Abernethy, Carthage, Hancock Co., IL

22 May 1845

Docket Entry, Writs of Venire Facias, Carthage, Hancock Co., IL

  • 22 May 1845; Hancock County Circuit Court Record, vol. D, pp. [269]–270, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of J. H. Baker.
23 May 1845

David E. Head, Attachment, to Hancock Co. Sheriff, for William Houck, Carthage, Hancock Co., IL

  • 23 May 1845; Hancock County Courthouse, Carthage, IL; printed form with manuscript additions in handwriting of J. H. Baker and David E. Head; notation in handwriting of Erastus Derby; docket and notation in handwriting of J. H. Baker.
23 May 1845

David E. Head, Subpoena, to Hancock Co. Sheriff, for James Boyle, Carthage, Hancock Co., IL, 23 May 1845–A

  • 23 May 1845; Hancock County Courthouse, Carthage, IL; printed form with manuscript additions in handwriting of David E. Head; signature of David E. Head in handwriting of J. H. Baker; docket printed with manuscript additions in handwriting of David E. Head; notation printed with manuscript additions in handwriting of William Backenstos and signature of Samuel Fleming; notation printed with manuscript additions in unidentified handwriting; notation in handwriting of David E. Head.
23 May 1845

David E. Head, Subpoena, to Hancock Co. Sheriff, for Nancy Davis, Carthage, Hancock Co., IL, 23 May 1845–B

  • 23 May 1845; Hancock County Courthouse, Carthage, IL; printed form with manuscript additions in handwriting of J. H. Baker; docket printed with manuscript additions in handwriting of J. H. Baker and David E. Head; notations printed with manuscript additions in handwriting of Lewis Robison and unidentified scribe; notation in handwriting of David E. Head.
23 May 1845

David E. Head, Subpoena, to Hancock Co. Sheriff, for Ann Fleming, Carthage, Hancock Co., IL, 23 May 1845–C

  • 23 May 1845; Hancock County Courthouse, Carthage, IL; printed form with manuscript additions in handwriting of J. H. Baker; signature of David E. Head; docket printed with manuscript additions in handwriting of J. H. Baker; notation printed with manuscript additions in handwriting of Erastus Derby; notation in handwriting of J. H. Baker.
23 May 1845

David E. Head, Subpoena, to Hancock Co. Sheriff, for Samuel Scott, Carthage, Hancock Co., IL, 23 May 1845–D

  • 23 May 1845; Hancock County Courthouse, Carthage, IL; printed form with manuscript additions in handwriting of Onias Skinner; signature of David E. Head in handwriting of J. H. Baker; docket printed with manuscript additions in handwriting of Onias Skinner; notation printed with manuscript additions presumably in handwriting of J. R. Williams; notation printed with manuscript additions in handwriting of Miner R. Deming; notation in handwriting of J. H. Baker.
23 May 1845

David E. Head, Pluries Venire Facias, to Thomas Owen and William D. Abernethy, Carthage, Hancock Co., IL

23 May 1845

Docket Entry, Pluries Venire Facias, Carthage, Hancock Co., IL

  • 23 May 1845; Hancock County Circuit Court Record, vol. D, pp. 274–[275], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of J. H. Baker and unidentified scribe.
24 May 1845

J. H. Baker on behalf of David E. Head, Attachment, to Hancock Co. Sheriff, for John W. Morrison, Carthage, Hancock Co., IL, 24 May 1845–A

  • 24 May 1845; Hancock County Courthouse, Carthage, IL; printed form with manuscript additions in handwriting of J. H. Baker; notation in unidentified handwriting with signature of Samuel Fleming; docket and notation in handwriting of David E. Head.
24 May 1845

David E. Head, Attachment, to Hancock Co. Sheriff, for Henry Stephens, Carthage, Hancock Co., IL, 24 May 1845–B

  • 24 May 1845; Hancock County Courthouse, Carthage, IL; printed form with manuscript additions in handwriting of David E. Head; docket in handwriting of David E. Head; notation in unidentified handwriting with signature of Samuel Fleming; notation in handwriting of David E. Head.
24 May 1845

David E. Head, Attachment, to Hancock Co. Sheriff, for Jonas Hobart, Carthage, Hancock Co., IL, 24 May 1845–C

  • 24 May 1845; Hancock County Courthouse, Carthage, IL; printed form with manuscript additions in handwriting of J. H. Baker; signature of David E. Head; docket in handwriting of David E. Head; notation in unidentified handwriting with signature of Edward Bedell; notation in handwriting of David E. Head.
24 May 1845

David E. Head, Subpoena, to Hancock Co. Sheriff, for Andrew McMahan and Wallace Reed, Carthage, Hancock Co., IL

  • 24 May 1845; Hancock County Courthouse, Carthage, IL; printed form with manuscript additions in handwriting of George Stiles; signature of David E. Head in handwriting of J. H. Baker; docket printed with manuscript additions in handwriting of George Stiles; notation printed with manuscript additions in handwriting of Edward Bedell; notation in handwriting of David E. Head.
24 May 1845

Docket Entry, Motion Withdrawn, Carthage, Hancock Co., IL

  • 24 May 1845; Hancock County Circuit Court Record, vol. D, p. 276, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of J. H. Baker and unidentified scribe.
24 May 1845

Attachment, for Jonas Hobart and Others, Carthage, Hancock Co., IL

24 May 1845

Docket Entry, Attachments, Carthage, Hancock Co., IL

  • 24 May 1845; Hancock County Circuit Court Record, vol. D, p. 276, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of J. H. Baker.
24 May 1845

Docket Entry, Continuance, Carthage, Hancock Co., IL

  • 24 May 1845; Hancock County Circuit Court Record, vol. D, pp. 276–[277], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of J. H. Baker.
24–28 May 1845

Account of Trial, Carthage, Hancock Co., IL, 24–28 May 1845–A

  • 24–28 May 1845; Wilford Wood Museum, Bountiful, UT; images in Joseph Smith Murder Trial Papers, 1844–1845, CHL; handwriting of Onias Skinner.
  • Ca. 30 July 1845; 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, ca. 30 July 1845.
24–28 May 1845

Account of Trial, Carthage, Hancock Co., IL, 24–28 May 1845–B

  • 24–28 May 1845; Collection of Manuscripts about Mormons, 1832–1954, Chicago History Museum; handwriting of Almeron Wheat.
26 May 1845

David E. Head, Subpoena, to Hancock Co. Sheriff, for John Pike, Carthage, Hancock Co., IL

  • 26 May 1844; Hancock County Courthouse, Carthage, IL; printed form with manuscript additions in unidentified handwriting; signature of David E. Head in handwriting of J. H. Baker; docket printed with manuscript additions in unidentified handwriting; notation printed with manuscript additions in handwriting of Samuel Fleming; notation in handwriting of J. H. Baker.
26 May 1845

Docket Entry, Continuance, Carthage, Hancock Co., IL

  • 26 May 1844; Hancock County Circuit Court Record, vol. D, p. 278, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
27 May 1845

David E. Head, Attachment, to Hancock Co. Sheriff, for Ann Fleming, Carthage, Hancock Co., IL

  • 27 May 1845; Hancock County Courthouse, Carthage, IL; printed form with manuscript additions in handwriting of David E. Head; docket in handwriting of David E. Head; notation in handwriting of David E. Head with signature of Samuel Fleming; notation in handwriting of David E. Head.
27 May 1845

David E. Head, Subpoena, to Hancock Co. Sheriff, for William S. Moore, Carthage, Hancock Co., IL, 27 May 1845–A

  • 27 May 1845; Hancock County Courthouse, Carthage, IL; printed form with manuscript additions in unidentified handwriting; signature of David E. Head; docket printed with manuscript additions in unidentified handwriting; notations printed with manuscript additions in handwriting of Edward Bedell.
27 May 1845

David E. Head, Subpoena, to Hancock Co. Sheriff, for John Wilson Williams, Carthage, Hancock Co., IL, 27 May 1845–B

  • 27 May 1845; Hancock County Courthouse, Carthage, IL; printed form with manuscript additions in handwriting of Onias Skinner; signature of David E. Head; docket printed with manuscript additions in handwriting of Onias Skinner; notations printed with manuscript additions in unidentified handwriting with signature of Samuel Fleming.
27 May 1845

Docket Entry, Continuance, Carthage, Hancock Co., IL

  • 27 May 1845; Hancock County Circuit Court Record, vol. D, p. [281], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
28 May 1845

Josiah Lamborn, Closing Argument, Carthage, Hancock Co., IL

28 May 1845

Calvin A. Warren, Closing Argument, Carthage, Hancock Co., IL

  • 28 May 1845. Not extant.
  • Ca. 28 May 1845; Columbia University, Rare Book and Manuscript Library, New York; handwriting of Onias Skinner; docket in handwriting of Onias Skinner.
  • 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,” p. 22 (first numbering); CHL.
28 May 1845

Docket Entry, Continuance, Carthage, Hancock Co., IL

  • 28 May 1845; Hancock County Circuit Court Record, vol. D, p. 282, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
29 May 1845

Docket Entry, Continuance, Carthage, Hancock Co., IL

  • 29 May 1845; Hancock County Circuit Court Record, vol. D, p. [283], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
29 May 1845

Onias Skinner, Closing Argument, Carthage, Hancock Co., IL

  • 29 May 1845; Mormon Trial Notes, Abraham Lincoln Presidential Library, Springfield, IL; unidentified handwriting, possibly Almeron Wheat; docket in handwriting of Onias Skinner.
  • 29 May–20 June 1845; Wilford Wood Museum, Bountiful, UT; images in Joseph Smith Murder Trial Papers, 1844–1845, CHL; handwriting of Onias Skinner.
29 May 1845

Orville Browning, Closing Argument, Carthage, Hancock Co., IL

30 May 1845

Jury Instructions, Carthage, Hancock Co., IL

30 May 1845

Jabez A. Beebe, Verdict, Carthage, Hancock Co., IL

  • 30 May 1845; microfilm 1,521,604 at FHL; handwriting presumably of Jabez A. Beebe; docket in handwriting presumably of Jabez A. Beebe; notation in handwriting of David E. Head.
30 May 1845

Docket Entry, Verdict, Carthage, Hancock Co., IL

  • 30 May 1845; Hancock County Circuit Court Record, vol. D, p. [291], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
30 May 1845

Docket Entry, Attachment, Carthage, Hancock Co., IL, 30 May 1845–A

  • 30 May 1845; Hancock County Circuit Court Record, vol. D, p. 294, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
30 May 1845

Docket Entry, Attachment, Carthage, Hancock Co., IL, 30 May 1845–B

  • 30 May 1845; Hancock County Circuit Court Record, vol. D, p. 294, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
 
State of Illinois v. Elliott–C, Nauvoo, Hancock Co., Illinois, Justice of the Peace Court

1845 (10)

February (10)

11 February 1845

John Scott, Complaint, before Aaron Johnson, Nauvoo, Hancock Co., IL

11 February 1845

Aaron Johnson, Warrant, for John Elliott, Nauvoo, Hancock Co., IL

11 February 1845

Aaron Johnson, Subpoena, for Benjamin Brackenbury, Nauvoo, Hancock Co., IL

11 February 1845

Aaron Johnson, Subpoena, for Miner R. Deming, Nauvoo, Hancock Co., IL

11 February 1845

Aaron Johnson, Subpoena, for John M. Ferris, Nauvoo, Hancock Co., IL

11 February 1845

Aaron Johnson, Subpoena, for Edward Bedell, Nauvoo, Hancock Co., IL

  • 11 Feb. 1845; photocopy in Historical Department, Materials Received from Mark W. Hofmann, CHL; handwriting of Aaron Johnson; docket and notation in handwriting of Aaron Johnson; notation in handwriting of J. H. Baker. QUESTIONED AUTHENTICITY.
11–12 February 1845

Docket Entry, Nauvoo, Hancock Co., IL

  • 11–12 Feb. 1845; Robinson and Johnson, Docket Book, 342–343, Collection of Manuscripts about Mormons, 1832–1954, Chicago History Museum; handwriting of Aaron Johnson.
12 February 1845

Aaron Johnson, Mittimus, Nauvoo, Hancock Co., IL

Ca. 12 February 1845

Trial Report, Nauvoo, Hancock Co., IL

  • Ca. 12 Feb. 1845; in “Examination of John C. Elliott,” Nauvoo Neighbor, 19 Feb. 1845, [2]–[3].
13 February 1845

Trial Report, Nauvoo, Hancock Co., IL

  • 13 Feb. 1845; Warsaw (IL) Signal, Extra, 13 Feb. 1845. Not extant.
  • 19 Feb. 1845; in “Arrest and Commitment of J. C. Elliott,” Warsaw (IL) Signal, 19 Feb. 1845, [3].
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State of Illinois v. Williams et al., Hancock Co., IL, Circuit Court, 30 May 1845

Editorial Title
Introduction to State of Illinois v. Williams et al. and State of Illinois v. Elliott–C
ID #
20292
Total Pages
1
Print Volume Location
Handwriting on This Page

    Footnotes

    1. [1]

      For a more detailed account of this trial, see Oaks and Hill, Carthage Conspiracy.

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

    2. [2]

      Richards, Journal, 28 June 1844; Willard Richards et al., Carthage, IL, to Emma Smith, Nauvoo, IL, 27 June 1844, in “Awful Assassination! The Pledged Faith of the State of Illinois Stained With Innocent Blood by a Mob!,” Nauvoo Neighbor, Extra, 30 June 1844, [1].

      Richards, Willard. Journals, 1836–1853. Willard Richards, Papers, 1821–1854. CHL. MS 1490, boxes 1–2.

      Nauvoo Neighbor. Nauvoo, IL. 1843–1845.

    3. [3]

      Message of the Governor of the State of Illinois, 19–20; see also Thomas Ford, Springfield, IL, to Willard Richards and William W. Phelps, Nauvoo, IL, 8 Sept. 1844, Willard Richards Journals and Papers, CHL.

      Richards, Willard. Journals and Papers, 1821–1854. CHL. MS 1490.

    4. [4]

      Letter, William W. Phelps and Willard Richards to Thomas Ford, 4 July 1844, John McEwan First Copy; Thomas Ford, Quincy, IL, to Willard Richards and William W. Phelps, Nauvoo, IL, 17 July 1844, Willard Richards Journals and Papers, CHL; Thomas Ford, Springfield, IL, to Willard Richards and William W. Phelps, Nauvoo, IL, 8 Sept. 1844, Willard Richards Journals and Papers, CHL.

      Richards, Willard. Journals and Papers, 1821–1854. CHL. MS 1490.

    5. [5]

      See Affidavit from James Owens, 28 June 1844; Affidavit from Claudius Spencer, 2 July 1844; and Affidavit from Jesse Price, 5 Aug. 1844.

    6. [6]

      Letter, Richard Ballantyne to Samuel Smith, 3 July 1844; Affidavit from William Daniels, 4 July 1844, John McEwan Copy.

    7. [7]

      Affidavit from William Daniels, 4 July 1844, John McEwan Copy.

    8. [8]

      Letter, William W. Phelps and Willard Richards to Thomas Ford, 4 July 1844, John McEwan First Copy.

    9. [9]

      See Thomas Ford, Springfield, IL, to Willard Richards and William W. Phelps, Nauvoo, IL, 8 Sept. 1844, Willard Richards Journals and Papers, CHL.

      Richards, Willard. Journals and Papers, 1821–1854. CHL. MS 1490.

    10. [10]

      “Election,” Nauvoo Neighbor, 7 Aug. 1844, [3]; “Election Returns of Hancock County—Official Vote,” Nauvoo Neighbor, 14 Aug. 1844, [3]; “What Next,” Warsaw Signal, 21 Aug. 1844, [2].

      Nauvoo Neighbor. Nauvoo, IL. 1843–1845.

      Warsaw Signal. Warsaw, IL. 1841–1853.

    11. [11]

      Franklin Worrell, Carthage, IL, to Thomas Gregg, Rock Island, Illinois, 8 Aug. 1844, copy, Thomas C. Sharp Papers, CHL; Editorial, Warsaw Signal, 21 Aug. 1844, [2].

      Sharp, Thomas C. Papers, 1844–1846. Microfilm. CHL. MS 8829, item 3.

      Warsaw Signal. Warsaw, IL. 1841–1853.

    12. [12]

      Oaks and Hill, Carthage Conspiracy, 46. Because Latter-day Saints had supported the Democratic candidate for Congress, many of their opponents claimed that the Saints had made a corrupt bargain with Democratic governor Ford to support his political party in exchange for his support in prosecuting their enemies in Hancock County. This claim would be repeated during the trial by defense attorney Onias Skinner. (Thomas Ford, Springfield, IL, to Willard Richards and William W. Phelps, Nauvoo, IL, 8 Sept. 1844, Willard Richards Journals and Papers, CHL; Closing Argument of Onias Skinner, 29 May 1845, Copy [State of Illinois v. Williams et al.].)

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

      Richards, Willard. Journals and Papers, 1821–1854. CHL. MS 1490.

    13. [13]

      “His Excellency’s Gullibility,” Warsaw Signal, 25 Sept. 1844, [2]; Message of the Governor of the State of Illinois, 19–20; Clayton, Journal, 13 Sept. 1844.

      Warsaw Signal. Warsaw, IL. 1841–1853.

      Clayton, William. Journals, 1842–1845. CHL.

    14. [14]

      Editorial, Illinois State Register (Springfield), 20 Sept. 1844, [2]; “‘High diddle, diddle!’,” Sangamo Journal (Springfield, IL), 19 Sept. 1844, [3]; “The Mormon Difficulties Not Ended,” Quincy (IL) Whig, 25 Sept. 1844, [2].

      Illinois State Register. Springfield, IL. 1839–1861.

      Sangamo Journal. Springfield, IL. 1831–1847.

      Quincy Whig. Quincy, IL. 1838–1856.

    15. [15]

      In his later History of Illinois, Ford conceded that “as much as anything else the expedition under General [John J.] Hardin had been ordered with a view to arrest the murderers.” (“Further Remarks—The Mormon Difficulties,” Sangamo Journal [Springfield, IL], 26 Sept. 1844, [2]; Ford, History of Illinois, 367.)

      Sangamo Journal. Springfield, IL. 1831–1847.

      Ford, Thomas. A History of Illinois, from Its Commencement as a State in 1818 to 1847. Containing a Full Account of the Black Hawk War, the Rise, Progress, and Fall of Mormonism, the Alton and Lovejoy Riots, and Other Important and Interesting Events. Chicago: S. C. Griggs; New York: Ivison and Phinney, 1854.

    16. [16]

      Thomas Ford to Willard Richards and William W. Phelps, 8 Sept. 1844, Willard Richards Journals and Papers, CHL.

      Richards, Willard. Journals and Papers, 1821–1854. CHL. MS 1490.

    17. [17]

      Although both the complaint and the warrant were dated 21 September, George A. Smith wrote in his journal that they were created during the 22 September meeting with McConnel. (Young, Journal, 22 Sept. 1844; George A. Smith, Journal, 22 Sept. 1844; Historical Department, Journal History of the Church, 22 Sept. 1844; “Civil Matters,” Nauvoo Neighbor 2 Oct. 1844, [2]; Complaint, 22 Sept. 1844 [State of Illinois v. Williams et al.]; Warrant, 22 Sept. 1844 [State of Illinois v. Williams et al.]; Oaks and Hill, Carthage Conspiracy, 37–38.)

      Young, Brigham. Journals, 1832–1877. Brigham Young Office Files, 1832–1878. CHL. CR 1234 1, boxes 71–73.

      Smith, George A. Journal, 22 Feb. 1841–10 Mar. 1845. George Albert Smith, Papers, 1834–1877. CHL. MS 1322, box 2, fd. 4.

      Historical Department. Journal History of the Church, 1896–. CHL. CR 100 137.

      Nauvoo Neighbor. Nauvoo, IL. 1843–1845.

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

    18. [18]

      According to a later history of JS by Hancock County historian Thomas Gregg, these writs were all issued by Aaron Johnson. Although they were prominent dissenters from JS’s leadership, it is unclear from existing sources why Law and the Fosters were accused of participating in JS’s murder. In contrast, Jackson allegedly publicly bragged of his involvement and admitted it in a letter to Emma Smith. Law and the Fosters refused to submit to arrest in early October, arguing they had been in Iowa Territory at the time of the murders and had nothing to do with them. Ultimately, they traveled to Quincy, Illinois, on 4 October 1844 to seek counsel from circuit court judge Jesse B. Thomas, who said he could not act in any official capacity but advised them to ignore the warrants. (Gregg, Prophet of Palmyra, 294–295; “Another Scene in the Farce,” Quincy [IL] Whig, 9 Oct. 1844, [2]; “History of the Latest Mormon War,” Warsaw Signal, 9 Oct. 1844, [2]; “The Mormons,” New York Daily Herald, 12 Sept. 1844, [2]; Oaks and Hill, Carthage Conspiracy, 38.)

      Gregg, Thomas. The Prophet of Palmyra: Mormonism Reviewed and Examined in the Life, Character, and Career of its Founder, from “Cumorah Hill” to Carthage Jail and the Desert, Together with a Complete History of the Mormon Era in Illinois, and an Exhaustive Investigation of the “Spalding Manuscript” Theory of the Origin of the Book of Mormon. New York: John B. Alden, 1890.

      Quincy Whig. Quincy, IL. 1838–1856.

      Warsaw Signal. Warsaw, IL. 1841–1853.

      New York Daily Herald. New York City. 1836–1920.

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

    19. [19]

      George A. Smith claimed they declined because they lacked authority, but William Clayton stated that it was because they feared a posse from Nauvoo would bring them “into collision with the mob.” (Young, Journal, 22 Sept. 1844; George A. Smith, Journal, 24 Sept. 1844; Clayton, Journal, 24 Sept. 1844.)

      Young, Brigham. Journals, 1832–1877. Brigham Young Office Files, 1832–1878. CHL. CR 1234 1, boxes 71–73.

      Smith, George A. Journal, 22 Feb. 1841–10 Mar. 1845. George Albert Smith, Papers, 1834–1877. CHL. MS 1322, box 2, fd. 4.

      Clayton, William. Journals, 1842–1845. CHL.

    20. [20]

      On 24 September, a lone Hancock County deputy sheriff traveled to Warsaw. Williams managed to avoid the deputy, while Sharp, when confronted, refused to comply with the writ, fearing that he would be taken to Nauvoo. Thereupon, the deputy left without incident. (Thomas C. Sharp, “Postscript,” Warsaw Signal, 25 Sept. 1844, [2]; “History of the Latest Mormon War,” Warsaw Signal, 9 Oct. 1844, [2].)

      Warsaw Signal. Warsaw, IL. 1841–1853.

    21. [21]

      “History of the Latest Mormon War,” Warsaw Signal, 9 Oct. 1844, [2]; Ford, History of Illinois, 365–366. On 27 September, Ford issued a proclamation offering $200 for the capture of any of the three fugitives. Although copies of this proclamation were printed, Ford determined not to circulate them. (Proclamation, 27 Sept. 1844 [State of Illinois v. Williams et al.]; “Civil Matters,” Nauvoo Neighbor, 2 Oct. 1844, [2].)

      Warsaw Signal. Warsaw, IL. 1841–1853.

      Ford, Thomas. A History of Illinois, from Its Commencement as a State in 1818 to 1847. Containing a Full Account of the Black Hawk War, the Rise, Progress, and Fall of Mormonism, the Alton and Lovejoy Riots, and Other Important and Interesting Events. Chicago: S. C. Griggs; New York: Ivison and Phinney, 1854.

      Nauvoo Neighbor. Nauvoo, IL. 1843–1845.

    22. [22]

      “History of the Latest Mormon War,” Warsaw Signal, 9 Oct. 1844, [2]; Ford, History of Illinois, 365–366.

      Warsaw Signal. Warsaw, IL. 1841–1853.

      Ford, Thomas. A History of Illinois, from Its Commencement as a State in 1818 to 1847. Containing a Full Account of the Black Hawk War, the Rise, Progress, and Fall of Mormonism, the Alton and Lovejoy Riots, and Other Important and Interesting Events. Chicago: S. C. Griggs; New York: Ivison and Phinney, 1854.

    23. [23]

      Agreement, 30 Sept. 1844 [State of Illinois v. Williams et al.].

    24. [24]

      The Warsaw Signal reported that Joseph H. Jackson, the third fugitive, remained in Missouri, too sick to cross the river, although the newspaper acknowledged that it was unclear whether he would have surrendered even if he had been well enough to do so. (“Events of the Week,” Warsaw Signal, 2 Oct. 1844, [1].)

      Warsaw Signal. Warsaw, IL. 1841–1853.

    25. [25]

      Illinois Constitution of 1818, art. 8 sec. 13, in Public and General Statute Laws of the State of Illinois, p. 34; Jesse B. Thomas to Edward D. Baker, 2 Oct. 1844, in “History of the Latest Mormon War,” Warsaw Signal, 9 Oct. 1844, [2]; see also An Act to Regulate the Apprehension of Offenders, and for Other Purposes [6 Jan. 1827], Public and General Statute Laws of the State of Illinois, pp. 237–238, secs. 1, 3.

      The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

      Warsaw Signal. Warsaw, IL. 1841–1853.

    26. [26]

      The agreement stipulated that the defendants protested their innocence and that their recognizance was not a recognition of any probable cause but was merely a means to save time and expense. (Agreement, 2 Oct. 1844 [State of Illinois v. Williams et al.].)

    27. [27]

      Recognizance, 2 Oct. 1844 [State of Illinois v. Williams et al.].

    28. [28]

      Hancock Co., IL, Circuit Court Records, vol. D, pp. 162–163, microfilm 947,946, U.S. and Canada Record Collection, FHL; Venire Facias, 9 Sept. 1844.

      U.S. and Canada Record Collection. FHL.

    29. [29]

      Indictment, 26 Oct. 1844 [State of Illinois v. Williams et al.]. Thomas Sharp claimed in the Warsaw Signal that the grand jury was deadlocked for the first three days of deliberation until two Latter-day Saint witnesses offered secret testimony. According to Sharp, the grand jury doubted the credibility of the witnesses but felt pressured to procure indictments. Hancock County historian Thomas Gregg later wrote that the grand jury started the investigation with about sixty named individuals, but failing to obtain an indictment against all sixty, the jurors gradually narrowed the list until they could agree. Wills, Voras, and Gallaher had reportedly been shot by JS in the attack, providing concrete evidence of their participation in the murder. (“Indictments,” Warsaw Signal, 30 Oct. 1844, [2]; Gregg, Prophet of Palmyra, 301–302; Oaks and Hill, Carthage Conspiracy, 52–53.)

      Warsaw Signal. Warsaw, IL. 1841–1853.

      Gregg, Thomas. The Prophet of Palmyra: Mormonism Reviewed and Examined in the Life, Character, and Career of its Founder, from “Cumorah Hill” to Carthage Jail and the Desert, Together with a Complete History of the Mormon Era in Illinois, and an Exhaustive Investigation of the “Spalding Manuscript” Theory of the Origin of the Book of Mormon. New York: John B. Alden, 1890.

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

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      Nehemiah Bushnell, one of the participants in the negotiations, later explained that the general terms of the agreement were easily settled and that the primary dispute was over whether this agreement should be written. He claimed that the defense attorneys insisted on a written agreement but that the prosecutor vacillated over their proposal and ultimately rejected a written agreement in favor of a spoken one. (“Indictments,” Warsaw Signal, 30 Oct. 1844, [2]; “That Agreement,” Warsaw Signal, 18 Dec. 1844, [2]; Gregg, History of Hancock County, 328–329; Praecipe, 26 Oct. 1844 [State of Illinois v. Williams et al.]).

      Warsaw Signal. Warsaw, IL. 1841–1853.

      Gregg, Thomas. History of Hancock County, Illinois, Together with an Outline History of the State, and a Digest of State Laws. Chicago: Charles C. Chapman, 1880.

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      Illinois Constitution of 1818, art. 8 sec. 13, in Public and General Statute Laws of the State of Illinois, p. 34; An Act to Regulate the Apprehension of Offenders, and for Other Purposes [6 Jan. 1827], Public and General Statute Laws of the State of Illinois, pp. 237–238, secs. 1, 3.

      The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

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      According to observers, the initial agreement was contingent upon the defendants not making any attempts to evade the trial. It is possible that the judge or prosecutor believed the defendants were attempting to escape. Alternatively, some contemporary observers saw the November warrant as a ploy by Thomas Ford or others to enact political revenge against the indicted state senator Jacob Davis. (“That Agreement,” Warsaw Signal, 18 Dec. 1844, [2]; “A Malicious Movement,” Warsaw Signal, 4 Dec. 1844, [2]; Oaks and Hill, Carthage Conspiracy, 64–66.)

      Warsaw Signal. Warsaw, IL. 1841–1853.

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

    33. [33]

      Order, ca. 19 Nov. 1844 [State of Illinois v. Williams et al.].

    34. [34]

      Warrant, 20 Nov. 1844, as Published in Reports [State of Illinois v. Williams et al.].

    35. [35]

      Shortly after the warrant was issued, Deming arrived in Warsaw with a small posse to execute it. Forewarned, the defendants in the city determined to hide and avoid arrest at all costs, while their allies intimidated the officers by publicly displaying and cleaning guns. Although Deming and his posse avoided open conflict, a group of vigilantes surreptitiously shaved his horse’s mane and tail as a warning and act of humiliation. (“A Malicious Movement,” Warsaw Signal, 4 Dec. 1844, [2]; “That Agreement,” Warsaw Signal, 18 Dec. 1844, [2].)

      Warsaw Signal. Warsaw, IL. 1841–1853.

    36. [36]

      Journal of the Senate . . . of Illinois, 26 Dec. 1844, 3, 117–118, 121–122; “Arrest of the Hon. Jacob C. Davis,” Reports Made to the Senate and House of Representatives of the State of Illinois, 157–158.

      Journal of the Senate of the Fourteenth General Assembly of the State of Illinois, at Their Regular Session, Begun and Held at Springfield, December 2, 1844. Springfield, IL: Walters & Weber, 1844.

      Reports Made to the Senate and House of Representatives of the State of Illinois, at Their Session Begun and Held at Springfield, December 2, 1844. Vol. 1. Springfield, IL: Walters and Weber, 1845.

    37. [37]

      Docket Entry, 11–12 Feb. 1845 [State of Illinois v. Elliott–C]; Trial Report, ca. 12 Feb. 1845 [State of Illinois v. Elliott–C].

    38. [38]

      See Introduction to State of Illinois v. Elliott–A and State of Illinois v. Elliott–B.

    39. [39]

      Docket Entry, 11–12 Feb. 1845 [State of Illinois v. Elliott–C].

    40. [40]

      Trial Report, ca. 12 Feb. 1845 [State of Illinois v. Elliott–C].

    41. [41]

      According to a local historian of Hamilton, Ohio, Elliott later acknowledged his role in the attack and claimed credit for having murdered JS. (“To the Public,” Warsaw Signal, 19 Feb. 1845, [2]; “Arrest and Commitment of J. C. Elliott,” Warsaw Signal, 19 Feb. 1845, [3]; “Re-Capture of J. C. Elliott, Warsaw Signal, 12 Mar. 1845, [2]; “Second Escape of J. C. Elliott,” Warsaw Signal, 19 Mar. 1845, [2]; Cone, Biographical and Historical Sketches, 181–188.)

      Warsaw Signal. Warsaw, IL. 1841–1853.

      Cone, Stephen D. Biographical and Historical Sketches: A Narrative of Hamilton and Its Residents from 1792 to 1896. Hamilton, Ohio: Republican Publishing Company, 1896.

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      Brackenbury was arrested on 10 March in Nauvoo. Fearing for his life if taken to Augusta, an armed mob of Latter-day Saints intercepted the officers at the Nauvoo Mansion and Brackenbury was freed. He later surrendered to authorities after Brigham Young arranged for an armed guard to escort him to his hearing in Augusta. Before a hearing could be held, however, Brackenbury obtained a writ of habeas corpus in Quincy and was freed. According to a draft bill of indictment that was never approved, Brackenbury was accused of lying about Levi Williams being on horseback at the jail in Carthage at the time of the assault. (Docket, 12 May 1845, State of Illinois v. Brackenbury [J.P. Ct. 1845], microfilm, Hancock Co., IL, Circuit Court, Cases Files, 1830–1847, CHL; Huntington, “History of Oliver Boardman Huntington,” 100; Clayton, Journal, 10 Mar. 1845; Stout, Journal, 13 Mar. 1845; Taylor, Journal, [Mar. 1845], 44–46; Oaks and Hill, Carthage Conspiracy, 68–69, 81; Bill of Indictment, May 1845, State of Illinois v. Brackenbury [Hancock Co. Cir. Ct. 1845], copy, CHL.)

      Hancock Co., IL, Circuit Court. Court Cases Files, 1830–1846. Microfilm. CHL.

      Huntington, Oliver B. “History of Oliver Boardman Huntington,” 1845–1846. BYU.

      Clayton, William. Journals, 1842–1845. CHL.

      Stout, Hosea. Journal, Oct. 1844–May 1845. CHL. MS 1910.

      Taylor, John. Journal, Dec. 1844–Sept. 1845. CHL.

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

      Bill of Indictment, May 1845, Draft, for State of Illinois v. Brackenbury [Hancock Co. Cir. Ct. 1845], photocopy, Hancock Co., IL, Circuit Court, Bill of Indictment against Benjamin Brackenbury, CHL.

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      Docket, 12 May 1845, State of Illinois v. Brackenbury [J.P. Ct. 1845], microfilm, Hancock Co., IL, Circuit Court, Cases Files, 1830–1847, CHL; Huntington, “History of Oliver Boardman Huntington,” 100; Clayton, Journal, 10 Mar. 1845; Stout, Journal, 13 Mar. 1845; Taylor, Journal, [Mar. 1845], 44–46; Oaks and Hill, Carthage Conspiracy, 68–69, 81.

      Hancock Co., IL, Circuit Court. Court Cases Files, 1830–1846. Microfilm. CHL.

      Huntington, Oliver B. “History of Oliver Boardman Huntington,” 1845–1846. BYU.

      Clayton, William. Journals, 1842–1845. CHL.

      Stout, Hosea. Journal, Oct. 1844–May 1845. CHL. MS 1910.

      Taylor, John. Journal, Dec. 1844–Sept. 1845. CHL.

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

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      Generally, church leaders privately determined to hide from law officers to avoid being arrested, summoned, or subpoenaed to court. However, apostle John Taylor, who had been seriously wounded in the June 1844 attack on the jail, took a much stronger stance; in private conversations with Deming, public sermons in Nauvoo, and editorials in the Nauvoo Neighbor, he advocated open and total resistance to legal process, going so far as to warn that if any officer tried to arrest him, he would shoot them. (See Council of Fifty, Minutes, 11 Mar. 1845; 15 Apr. 1845; 6 May 1845; Clayton, Journal, 6 May 1845; Taylor, Journal, 44–46, 54–55; “The Old Tune,” Nauvoo Neighbor, 16 Apr. 1845, [3]; Letters to the Editor, Nauvoo Neighbor, 16 Apr. 1845, [3]; “Our Rights,” Nauvoo Neighbor, 23 Apr. 1845, [2]; and “The Late Writs,” Nauvoo Neighbor, 23 Apr. 1845, [2].)

      Clayton, William. Journals, 1842–1845. CHL.

      Taylor, John. Journal, Dec. 1844–Sept. 1845. CHL.

      Nauvoo Neighbor. Nauvoo, IL. 1843–1845.

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      George A. Smith and John Smith, Nauvoo, IL, to Josiah Lamborn, Carthage, IL, 21 May 1845, copy, Brigham Young Office Files, CHL.

      Brigham Young Office Files, 1832–1878. CHL. CR 1234 1.

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      Hancock Co., IL, Circuit Court Records, vol. D, p. 231, microfilm 947,496, U.S. and Canada Record Collection, FHL.

      U.S. and Canada Record Collection. FHL.

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      Docket Entry, Recognizance, 19 May 1845 [State of Illinois v. Williams et al.]; Account of Trial, 21–28 May 1845, Longhand [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.].

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      See for example, “The Mormon Trials,” Missouri Republican, 27 May 1845, [2]; and Letter to the Editor, Burlington (IA) Hawk-Eye, 5 June 1845, [2–3].

      Missouri Republican. St. Louis. 1822–1919.

      Burlington Hawk-Eye. Burlington, IA. 1845–1851?.

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      Account of Trial, 24–28 May 1845–A [State of Illinois v. Williams et al.]; Account of Trial, 24–28 May 1845–B [State of Illinois v. Williams et al.]. Skinner later made use of some of Wheat’s notes to flesh out his own account of portions of the trial. (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.].)

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

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      Account of Trial, 21–28 May 1845, Shorthand [State of Illinois v. Williams et al.]. It is unclear whether church leaders assigned Watt to attend the trial or whether he did so of his own volition. The day after he returned from Carthage, following the trial, church leaders appointed him the official church reporter. Watt’s notes were later transcribed, expanded, and edited for partial inclusion in the manuscript history of the church. According to the history, Watt smuggled the pages out through a window “about every hour.” This story suggests that Watt wrote his shorthand minutes on loose sheets of paper that could be regularly smuggled out in small batches. However, Watt’s shorthand minutes of the trial are recorded in six small handmade notebooks, which could not have been handed out at regular intervals. (Clayton, Journal, 31 May and 1 June 1845; Account of Trial, 21–28 May 1845, Longhand [State of Illinois v. Williams et al.]; Levi Williams Trial, 19–30 May 1845, Brigham Young History Documents, 1844–1866, CHL; Historian’s Office, History of the Church, 1838–ca. 1882, vol. 14, pp. 85–88.)

      Clayton, William. Journals, 1842–1845. CHL.

      Historian’s Office. Brigham Young History Documents, 1844–1866. CHL.

      Historian’s Office. History of the Church, 1838–ca. 1882. 69 vols. CHL. Volumes 1–12 (labeled A-1–F-1, C-1 addenda, and A-2–E-2) are designated herein as “JS History.” See JS History.

    52. [52]

      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, 21–28 May 1845, Longhand [State of Illinois v. Williams et al.]; Ford, History of Illinois, 368; Affidavit, 21 May 1845 [State of Illinois v. Williams et al.].

      Ford, Thomas. A History of Illinois, from Its Commencement as a State in 1818 to 1847. Containing a Full Account of the Black Hawk War, the Rise, Progress, and Fall of Mormonism, the Alton and Lovejoy Riots, and Other Important and Interesting Events. Chicago: S. C. Griggs; New York: Ivison and Phinney, 1854.

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      Affidavit, 20–21 May 1845 [State of Illinois v. Williams et al.].

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      Ordinarily, if additional jury members were needed, the court could authorize the sheriff to replace them. If the sheriff was an interested party to the case, this could be performed by the coroner instead. Illinois law also allowed for the creation of an elisor to perform the duties of a sheriff if neither the sheriff nor the coroner was able to act. (Jurors [3 Mar. 1845], Revised Statutes of the State of Illinois, p. 310, sec. 10; Sheriffs and Coroners [3 Mar. 1845], Revised Statutes of the State of Illinois, p. 517, sec. 18.)

      Revised Statutes of the State of Illinois, Adopted by the General Assembly of Said State, at Its Regular Session, Held in the Years, A. D., 1844–’5. Springfield, IL: William Walters, 1845.

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      Account of Trial, 21–28 May 1845, Longhand [State of Illinois v. Williams et al.]; Blackstone, Commentaries, vol. 2, bk. 4, pp. 274, 277.

      Blackstone, William. Commentaries on the Laws of England: In Four Books; with an Analysis of the Work. By Sir William Blackstone, Knt. One of the Justices of the Court of Common Pleas. In Two Volumes, from the Eighteenth London Edition. . . . 2 vols. New York: W. E. Dean, 1840.

    56. [56]

      Account of Trial, 21–28 May 1845, Longhand [State of Illinois v. Williams et al.]. This decision was heralded by the defendants and their allies as providing precedent to undermine Latter-day Saint control of county government in the future. In his history of Illinois, Thomas Ford identified it as a signifier that ordinary rules of law no longer prevailed in the county as Latter-day Saints could now get favorable juries through their elected county officers and their opponents could bypass those officers to appoint their own favorable juries through elisors. (Oaks and Hill, Carthage Conspiracy, 102; Ford, History of Illinois, 369.)

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

      Ford, Thomas. A History of Illinois, from Its Commencement as a State in 1818 to 1847. Containing a Full Account of the Black Hawk War, the Rise, Progress, and Fall of Mormonism, the Alton and Lovejoy Riots, and Other Important and Interesting Events. Chicago: S. C. Griggs; New York: Ivison and Phinney, 1854.

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      Venire Facias, 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.]; Docket Entry, Pluries Venire Facias, 23 May 1845 [State of Illinois v. Williams et al.]; Oaks and Hill, Carthage Conspiracy, 104–107.

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

    58. [58]

      Account of Trial, 21–28 May 1845, Longhand [State of Illinois v. Williams et al.].

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      Account of Trial, 21–28 May 1845, Longhand [State of Illinois v. Williams et al.]. For a more in-depth discussion of the trial testimony, see Oaks and Hill, Carthage Conspiracy, chaps. 8–10.

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