--- title: Times and Seasons description: Issues of 1844 to 1845. authors: - Church of Jesus Christ of Latter Day Saints editors: - Ebenezer Robinson - Don Carlos Smith - Smith, Joseph, Jr. - Taylor, John collections: - periodicals tags: - newspaper - times-and-seasons - nauvoo - nineteenth-century periodical: Times and Seasons volume: 5 number: 12 published: 1844-07-01 publisher: E. Robinson and D. C. Smith; later John Taylor publisher_place: Commerce and Nauvoo, Illinois language: en type: article reference: "“Statement of Facts,” *Times and Seasons* 5, no. 12 (July 1, 1844): 561–564." printed_title: STATEMENT OF FACTS source: url: https://archive.org/details/per_utah-and-the-mormons_times-and-seasons_1844-07-01_5_12 transcription: Text from the Centerplace.org transcription (https://www.centerplace.org/history/ts/v5n12.htm), with its page breaks; this Internet Archive scan is the reference copy (its OCR was used only as a witness for OCR repair) identifier: per_utah-and-the-mormons_times-and-seasons_1844-07-01_5_12 start_page: 561 end_page: 564 curator_note: A Mormon newspaper published by the church in Nauvoo; included for historical study. Inclusion does not imply endorsement. rights: status: public-domain basis: US publication 1844 (Nauvoo, Illinois); published before 1931, so public domain in the United States source: https://archive.org/details/per_utah-and-the-mormons_times-and-seasons_1844-07-01_5_12 publication_year: 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. Joseph Smith I left for 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 days, his Excellency repeatedly expressed to the legal counsellors [counselors] of the Smiths his determination to protect the prisoners and to see that they should have a fair and impartial examination so 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 Henry O. 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 necessarily consumed considerable time, and when this was done it was near night, and the justice adjourned his court over without calling the Smiths to answer to the charge of treason, or even intimating to their counsel or 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 could be sent to jail. The constable to our surprise, thereupon 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 has been brought before me as a Justice of the Peace in and for said county, for trial at the seat of justice thereof, which trial has been necessarily postponed by the 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. F. 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 so far as they relate to the prisoners having been brought before the justice for trial, and it there appearing that the necessary witness 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 in 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 that 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 committed, and that the justice and constable had no further control of the prisoners; and that if the prosecutors wished the prisoners brought out of the 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 jailor [jailer]: STATE OF ILLINOIS,} Hancock county.} 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. F. SMITH. J. P. [L. S.] And demanded the prisoners, but as the jailor [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 jailor [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 the prisoners then appeared, and asked for subpœnas for witnesses on the part of the prisoners, and expressed their wish to go into the examination, as the 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 it was determined to march on 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, than that of any other company, were selected to guard 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 was 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 peacable [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 faith of the State to protect. H. T. REID. At the request of the friends of Joseph and Hyrum Smith, I have consented to give a statement of such matters as I had a knowledge of in relation to their murder at Carthage, and what occurred under my observation. I arrived in Nauvoo from Burlington, Iowa, on Friday, June 21, about 9 o'clock, P. M., found all things quiet, had an interview on Saturday morning the 22d, with Joseph and Hyrum Smith, who was in consultation with some of their friends in relation to a communication from Gov. Ford: during the interview heard Gen. Joseph Smith give orders to disband the Legion and withdraw the guards and sentinels, who were cooperating with the police to preserve the peace of the city, as he said by order of Gov. Ford; that I went from Nauvoo to Carthage on the evening of the 22d, when I had an interview with Gov. Ford, assuring him as to the quiet of Nauvoo, and that Smith and his friends were ready to obey the laws. I was told that the constable with a posse had that evening gone to Nauvoo with a writ for Smith and others, and that nothing short of an unconditional surrender to the laws could allay excitement. I was then informed by Gov. Ford he was pledged to protect all such persons as might be arrested, and that they should have an impartial examination, and that if the Smiths and the rest against whom warrants had been issued, would come to Carthage by Monday the 24th inst., (June,) it would be a compliance on their part, and on Sunday morning the 23d, Gov. Ford pledged his word that if Gen. Smith would come to Carthage, he should by him be protected, with such of his friends as might accompany him, and that I as his counsel should have protection, in defending Smith; that I returned to Nauvoo on Sunday evening the 23d, and I found Gen. Joseph and Hyrum Smith making preparations to go to Carthage on Monday; and on Monday morning the 24th, I left the city of Nauvoo in company with the two Smiths, and some fifteen other persons, parties and witnesses, for Carthage. We were met by a company of about 60 men under Capt. Dunn; that at the request of Gen. Joseph Smith, I advanced and communicated with the commander of the company, and was informed he was on his way to Nauvoo, with an order from Gov. Ford for the State Arms at that place, that it was agreed by myself on behalf of Gen. Smith, that the order for the arms should be endorsed by Gen. Smith; and that he should place himself under the protection of Capt. Dunn, to return to Nauvoo and see the Governor's order promptly obeyed and return with Capt. Dunn to Carthage; Capt. Dunn pledging his word as a military man, that Smith and his friends should be protected, that the order was endorsed by Gen. Smith, which was communicated by Capt. Dunn, to Gov. Ford, with a letter from Gen. Smith, informing the Governor that he would accompany Capt. Dunn to Carthage. I left the company and proceeded to Carthage; that about 12 o'clock at night of the 24th, Captain Dunn returned with the State Arms from Nauvoo; accompanied by Joseph and Hyrum, and some 13 others, who were charged with a riot in destroying the printing press of the Nauvoo Expositor; that on the morning of the 25th, Joseph and Hyrum Smith, with the others charged, surrendered themselves to the constable, and at the same time that Joseph and Hyrum Smith were arrested on a charge of treason against the State of Illinois; that about 3 o'clock P. M. on the 25th, the justice proceeded to the examination in relation to the riot and after a good deal of resistance on the part of the prosecution, we were permitted to enter into a recognizance to answer at the next term of the Circuit Court, that we were engaged until dark in making out and giving our recognizances, that in consequence of the rumors as to the excitement in Warsaw and other points, and to allay the fears of the citizens of Nauvoo, I requested Gov. Ford to detail a company to Nauvoo, to protect the city, which request was promptly complied with, and that night Capt. Singleton, with a company of men from McDonough county marched to Nauvoo and took possession of the city and remained until the evening of the 27th when they took up their line of march for Carthage. After the matter of the riot was disposed of the justice left, without saying anything in relation to the examination for treason, and in about the hour the constable returned with a mittimus, a copy of which accompanies the statement of my colleague, H. T. Reid, a copy of which was demanded and refused; that I requested the officer to wait until I could see Gov. Ford, and I was told he would wait five minutes, and as I went to the door I met Capt. Dunn with some twenty men to guard the prisoners to jail; that I accompanied Gov. Ford to the justice, R. F. Smith, who gave us a cause for issuing the warrant of committal, that the prisoners were not personally safe at the hotel. I then requested the Governor to have a company detailed to guard the jail, which was done, and they arrived at the jail about the same time as the prisoners. On the morning of the 26th, the Governor visited the jail in company with a friend, at which interview the Governor again pledged himself for their personal safety, and said if the troops went to Nauvoo, as was then contemplated that they should go along to ensure their protection, that after the interview at the jail, the counsel for the prosecution wanted the prisoners brought before the justice for an examination, to which the counsel for the prisoners replied, that they were committed until they were discharged by due course of law, and that we could do nothing until the prisoners were legally before the court, where we would appear and defend; that the justice R. F. Smith gave the constable an order (a copy of which accompanies the statement of H. T. Reid Esq.,) for the jailor [jailer] to deliver up the prisoners, which the jailor [jailer] refused to do;-that the constable then repaired to the jail with a company called the "Carthage Greys," of whom the justice, R. F. Smith, was the captain, but not then in command; and by intimidation and threats, forced the jailor [jailer] to give up the prisoners to the constable, who took them before the justice, R. F. Smith, at the Court House, that on the motion for the counsel for the prisoners, the examination was postponed until the 27th, 12 o'clock, and subpœnas issued for witnesses on the defence [defense]. The two Smiths were then remanded to jail and orders were issued for a consultation of the officers, with the commander-in-chief, and it was determined that the troops should take up a line of march at 8 o'clock, on the morning of the 27th, for Nauvoo, and after the consultation, the justice, who was one of the officers in command, altered the return of the subpœnas until the 29th, and continued the hearing until that time, without consulting either the prisoners or the counsel; that on the morning of the 27th, the order for marching to Nauvoo, was countermanded, and all the troops disbanded but the company under Capt. Singleton at Nauvoo, Capt. Dunn's company of horse, and the Carthage Greys, that the governor determined to visit Nauvoo, escorted by Capt. Dunn's company; and the Carthage Greys were left as a guard for the prisoners at the jail, that after the troops were disbanded, I requested Gov. Ford to detail some men to guard the rout to Warsaw, as I apprehended much danger from that place, but I do not know whether it was done or not, as I left Carthage about 11 o'clock, A. M., and came to Nauvoo; that Gov. Ford and his aide, Col. Buckmaster, escorted by Capt Dunn's company, arrived in Nauvoo about 5 o'clock, P. M., where he addressed the citizens, and promised them protection, and a just execution of the laws, and immediately left the city for Carthage. JAMES W. WOODS, Attorney at Law, of Burlington, Iowa.