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Letter from Justin Butterfield, 27 March 1843

Source Note

, Letter, , Cook Co., IL, to JS, , Hancock Co., IL, 27 Mar. 1843; handwriting and signature of ; seven pages; JS Materials, CCLA. Includes address, dockets, and redactions.
Two bifolia measuring 10 × 7¾ inches (25 × 20 cm) and ruled with twenty-eight horizontal gray lines, now faded. The upper left corner of the recto of the first leaf of each bifolium is embossed with an oval paper manufacturer insignia that reads “John Butler | Hartford”. The letter was folded for transmission, addressed, and sealed with a red adhesive wafer. When the letter was opened, the second leaf of the second bifolium was damaged. The letter was later refolded for filing. At some point, the upper left corners of the bifolia were stapled together; the staple was subsequently removed. The document has undergone conservation.
The letter was docketed by , who served as JS’s scribe from December 1841 until JS’s death in June 1844 and served as church historian from December 1842 until his own death in March 1854. An unidentified scribe also docketed the letter. The letter likely remained in the Smith family’s possession until it was transferred, on an unknown date, to the custody of the Reorganized Church of Jesus Christ of Latter-day Saints (now Community of Christ).

Footnotes

  1. [1]

    JS, Journal, 13 Dec. 1841 and 21 Dec. 1842; Orson Spencer, “Death of Our Beloved Brother Willard Richards,” Deseret News (Salt Lake City), 16 Mar. 1854, [2].

    Deseret News. Salt Lake City. 1850–.

Historical Introduction

On 27 March 1843, , attorney for the district of , wrote from to JS in , Illinois, regarding the arrest of Latter-day Saint in on 5 March. Rockwell was charged with the 6 May 1842 attempted assassination of former Missouri governor and faced uncertain prospects in the Missouri legal system. Butterfield had represented JS before the United States circuit court in , Illinois, on 4 January 1843 in a hearing held to evaluate the attempt by Missouri state officials to extradite JS as an accessory to the attempted murder. Following Butterfield’s success in obtaining JS’s discharge, JS hoped that the federal attorney could turn his attention to Rockwell’s plight. On 18 March, JS wrote to Butterfield asking several questions concerning legal strategy and sent member to deliver the missive to Butterfield in Chicago.
received JS’s letter on 27 March 1843 and wrote a response the same day. Although Butterfield declined to act as 's lawyer, he advised that the church hire local counsel in , outlined the legal issues and questions that the case presented, and answered JS’s questions to the degree he could. As requested, Butterfield sent his reply to JS with . Huntington arrived in on 2 April and presumably delivered Butterfield’s letter the same day. It is unknown whether JS responded to the letter.

Footnotes

  1. [1]

    “Orrin Porter Rockwell,” Daily Missouri Republican (St. Louis), 6 Mar. 1843, [3]; see also Historical Introduction to Letter from Isaac Galland, 11 Mar. 1843.

    Daily Missouri Republican. St. Louis. 1822–1869.

  2. [2]

    JS, Journal, 4 Jan. 1843.

  3. [3]

    Letter to Justin Butterfield, 18 Mar. 1843.

  4. [4]

    JS, Journal, 2 Apr. 1843.

Page 5

they can be taken at all:— I do not know what the Laws are in in relation to changing the venue in criminal cases— if the laws will admit of it, it will be best by all means to get the venue changed to a county where the least prejudice & hostility exists against your People.— counsel should attend the Term of the court when the indictment is to be found and see that there is no fraud in packing a Grand jury for that purpose and to ascertain as nearly as possible all the evidence that is Lain before the Grand jury— I not being acquanted with the Laws of , and being so remote from the scene of the action can give you but very poor counsel in the Matter— after the Indictment is found and the time and place is fixed for the trial, and after you have learned the nature of the evidence upon which the prosecution rely to convict, and after you have ascertained whether a commission can be issued to take the depositions of Witnesses in this to be read on the trial write to me again and I will give you all the aid and assistance in my power. untill that [p. 5]
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Document Information

Related Case Documents
Editorial Title
Letter from Justin Butterfield, 27 March 1843
ID #
2799
Total Pages
8
Print Volume Location
JSP, D12:120–125
Handwriting on This Page
  • Justin Butterfield

Footnotes

  1. [13]

    Missouri law permitted defendants to seek a change of venue “from one circuit to another, when the people in the circuit, where the indictment is found, are so prejudiced against the defendant that a fair trial cannot be had.” (An Act to Amend an Act concerning Criminal Proceedings [13 Feb. 1839], Laws of the State of Missouri [1838–1839], p. 98, sec. 1.)

    Laws of the State of Missouri, Passed at the Session of the Fifteenth General Assembly, Begun and Held at the City of Jefferson on Monday, the Twenty-fifth Day of December, Eighteen Hundred and Forty-eight, and Ended on Monday the Twelfth Day of March, Eighteen Hundred and Forty-nine. Jefferson: Hampton L. Boon, 1849.

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