Mormon History
Arrest and Murder of General Joe Smith - 1844
Warsaw Signal – June 29, 1844
On Thursday evening Gov.
Ford had given orders that all the troops should march to Nauvoo on Friday. On
Thursday, the army was to rendezvous at Golden's Point about 5 miles from the
city. The object for this visit was not made known, but rests entirely on
surmise. On Thursday morning a council of officers was called in Carthage, and
on account of the desire of the troops from Schuyler and McDonough, to return
home, and the fear that if the army were marched into Nauvoo, it could not be
controlled, it was determined immediately to disband the troops. This was
accordingly done, with the exception of the Carthage and Augusta troops, and a
company under Capt. Singleton, who had possession of Nauvoo. The troops from
other counties who had been disbanded, immediately returned to their homes, and
Gov. Ford, accompanied by the Augusta Dragons, took up the line of march for
Nauvoo.
About four o'clock, P. M., a company of about one hundred armed men, marched to
the jail in Carthage, and demanded the prisoners. A rush was made on the guards,
who fired, but hurt nobody. They were immediately secured, and the men rushed up
stairs to the room of the prisoners. For about two minutes, [the] discharge of
fire arms within the jail was very rapid. Finally Joe raised the window,
exclaimed, "oh my God," and threw himself out. He fell heavily on the ground,
and was soon despatched. Hiram was shot in the jail. There were two other
prisoners, Dr. Richards who we learn was not hurt, and J. Taylor, editor of the
Nauvoo Neighbor, who received five balls in his arms and legs. Immediately on
the work being done, the men fled.
It was expected that as soon as the news reached Nauvoo, the Mormons would take
vengeance on Carthage and Warsaw. The Messenger, however, who started for Nauvoo
met Gov. Ford returning to Carthage, and was not permitted to go further. The
Governor sent for Capt. Singleton's men, who were in Nauvoo, and proceeded to
Carthage. The Public Records were removed to Augusta, and the women and children
sent out of the town. Gov. Ford left for Augusta, and we learn this morning that
he had proceeded to Quincy.
In Warsaw, as soon as the news of the death of the two Smiths was received,
every thing was placed in an attitude for defence, and the inhabitants of the
surrounding country requested to come to our aid.
A portion of the women and [children] passed over the river. On Friday afternoon
five companies from Quincy being about two hundred and fifty in number arrived
on the Boreas. Many from Missouri and Iowa have also come to our aid. We have
three cannon, plenty of ammunition, and we are fully prepared for any attack
which the Mormons can make.
By the stage driver from Nauvoo, we learn that about thirty men were sent for
the dead bodies of Joe and Hyrum, and that they were to be buried on the same
evening, with military honors.
What will be the final issue is yet to be ascertained -- various [surmises] are
afloat; but our opinion is, that either the old citizens or the Mormons must
leave. The county cannot be quieted until the expulsion of one or the other is
effected.
We neglected to mention in the proper place, that on Monday last, about half of
the arms belonging to the State in possession of the Mormons, were taken from
them, and all the cannon.
The prisoners were not in cells, but in the private room of the jailer, the
windows of which were not barred.
Sangamo Journal – July 11, 1844
STATEMENT OF FACTS!
At the request of many persons who wish that
the truth may go forth to the world in relation to the late murder of Joseph and
Hyrum Smith, by a band of lawless assassins, I have consented to make a
statement of the facts so far as they have come to my knowledge, in an authentic
shape, as one of the attorneys employed to defend the said Smiths against the
charges brought against them; and other persons at Carthage in the State of
Illinois.
On Monday the 24th inst., at the request of Gen. Smith I left Fort Madison in
the Territory of Iowa and arrived at Carthage where I expected to meet the
General, his brother Hyrum and the other persons implicated with them; they
arrived at Carthage late at night and next morning voluntarily surrendered
themselves to the constable, Mr. Bettersworth, who held the writ against them on
a charge of riot for destroying the press, type and fixtures of the Nauvoo
Expositor, the property of William and Wilson Law, and other dissenters, charged
to have been destroyed on the 10th inst.
Great excitement prevailed in the county of Hancock, and had extended to many of
the surrounding counties. A large number of the militia of several counties were
under arms at Carthage the Head Quarters of the commanding Gen. Deming; and many
other troops were under arms at Warsaw and other places in the neighborhood. The
Governor was at Head Quarters in person, for the purpose [of] seeing that the
laws of the land were executed and had pledged his own faith and the faith of
the State of Illinois that the Smiths and the other persons concerned with them
should be protected from personal violence, if they would surrender themselves
to be dealt with according to law. During the two succeeding says his Excellency
repeatedly expressed to the legal counselors of the Smiths his determination to
protect the prisoners and to see that they have a fair and impartial examination
[as] far as depended on the Executive of the State. On Tuesday morning soon
after the surrender of the prisoners on the charge of riot, Gen. Joseph Smith
and his brother Hyrum were both arrested on a charge of treason against the
State of Illinois. The affidavits upon which the writs [were] issued were made
by Hyrum Norton and Augustine Spencer.
On Tuesday afternoon the two Smiths and other persons, on the charge of riot,
appeared before R. F. Smith, a justice of the peace residing at Carthage, and by
advice of counsel, in order to prevent if possible, any increase of excitement,
voluntarily entered into recognizance in the sum of five hundred dollars each
with unexceptionable security for their appearance at the next term of the
Circuit Court for said county. The whole number of persons recognized is
fifteen, most if not all of them leading men in the Mormon church.
Making out the bonds and justifying bail necessary consumed considerable time,
and when this was done it was near night, and the Justice adjourned his court
over without calling on the Smiths to answer to the charge of treason or even
intimating to their counsel of the prisoners that they were expected to enter
into the examination that night. In less than an hour after the adjournment of
the court, constable Bettersworth who had arrested the prisoners in the morning,
appeared at Hamilton's Hotel, at the lodgings of the prisoners and their counsel
and insisted that the Smiths should go to jail. Mr. Woods of Burlington, Iowa,
and myself, as counsel for the prisoners; insisted that they were entitled to be
brought before the justice for examination before they should be sent to jail.
The constable to our surprise, there-upon exhibited a mittimus from said justice
as follows:
State of Illinois, Hancock County.
The people of the State of Illinois to the
keeper of the jail of the said county, greeting:
Whereas Joseph Smith and Hyrum Smith of the county aforesaid have been arrested
upon the oath of Augustine Spencer and Henry O. Norton, for the crime of
treason, and have been brought before me as a Justice of the Peace in and for
said county, for trial at the seat of Justice there of, which trial has been
necessarily postponed by reason of the absence of material witnesses, to wit
Francis M. Higbee and others; therefore I command you in the name of the people
to receive the said Joseph Smith and Hyrum Smith into your custody in the jail
of the county aforesaid, there to remain until discharged by due course of law.
Given under my hand and seal this 25th day of June, A. D. 1844.
(Signed.)
R.
P. SMITH, J. P. {L. S.}
His Excellency did not think it within the sphere of his duty to interfere, and
the prisoners were removed from their lodgings to jail. The recitals of the
mittimus before the justice for trial, and it there appearing that the necessary
witnesses of the prosecution were absent, is wholly untrue, unless the prisoners
could have appeared before the justice without being present in person or by
counsel; nor is there any law of Illinois within my knowledge which permits a
justice to commit persons charged with crimes, to jail without examination as to
the probability of their guilt.
On Wednesday forenoon the Governor in company with one of his friends visited
the prisoners at the jail, and again assured them that they should be protected
from violence, and told them if the troops marched the next morning to Nauvoo as
his Excellency then expected they should be taken along, in order to insure
their personal safety.
On the same morning, some one or more of the counsel for the prosecution,
expressed their wish to me, that the prisoners should be brought out of jail for
examination; they were answered that the prisoners had already been examined,
and that the justice and constable had no further control of the prisoners and
that if the prosecutors wished the prisoners brought out of jail, they should
bring them out on a writ of Habeas Corpus or some other due course of law. The
constable after this conversation went to the jail with the following order to
the jailer:
State of Illinois, Hancock County. ss.
To David
Bettersworth, constable of said county:
You are commanded to bring the bodies of Joseph Smith and Hyrum Smith from the
jail of said county, forthwith before me at my office for an examination on the
charge of treason, they having been committed for safe keeping until trial could
be had on such examination and the state now being ready for such examination.
Given under my hand and seal this 26th day of June 1844.
(Signed.)
R.
P. SMITH, J. P. {L. S.}
And demanded the prisoners, but as the jailer could find no law authorizing a
justice of the peace, to demand prisoners committed to his charge, he refused to
give them up, until discharged from his custody by due course of law. Upon the
refusal to give up the prisoners the company of Carthage Greys marched to the
jail, by whose orders I know not, and compelled the jailer against his will and
conviction of duty, to deliver the prisoners to the constable, who, forthwith,
took them before Justice Smith, the Captain of the Carthage Greys. The counsel
for prisoners then appeared, and asked for subpoenas for witnesses on the part
of the prisoners, and expressed their wish to go into the examination soon, as
witnesses could be brought from Nauvoo to Carthage; the justice thereupon fixed
the examination for 12 o'clock, on Thursday the 27th inst.; whereupon, the
prisoners were remanded to prison. Soon after a council of the military officers
was called by the Governor, and was determined to march the next morning, the
27th inst. to Nauvoo, with all the troops, except one company which was to be
selected by the Governor from the troops whose fidelity was more to be relied on
to guard the prisoners, whom it was determined should be left at Carthage. On
Thursday morning, another consultation of officers took place, and the former
orders for marching to Nauvoo with the whole army, were countermanded. One
company were ordered to accompany the Governor, to Nauvoo, the Carthage Greys,
who had but two days before, been under arrest for insulting the commanding
General, and whose conduct had been more hostile to the prisoners, and the other
troops including those rendezvoused at Golden's Point from Warsaw, and who had
been promised that they should be marched to Nauvoo were disbanded. A guard of
only eight men were stationed at the jail, whilst the rest of the Greys were in
camp at a quarter of a mile's distance, and whilst his excellency was haranguing
the peaceable citizens of Nauvoo, and asking them to give up all their own arms,
the assassins were murdering the prisoners in jail, whom the Governor had
pledged himself and the State to protect.
H. T. REID.