The Rise and Fall of Nauvoo. B. H. Roberts

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СКАЧАТЬ Warren, Sidney H. Little, O. H. Browning, James H. Ralston, Cyrus Walker, and Archibald Williams.

      The pleadings of the lawyers for the defense were peculiarly affecting, since all of them were more or less acquainted with the condition of the Saints when they fled from the violence of Missourians to Illinois. O. H. Browning had seen several of these companies of Saints in their flight and could trace them by the blood left in their footprints on the snow; his recital of their sufferings moved Judge Douglass, most of the officers of the court and the spectators to tears. One of the brethren present who wrote an account of the trial for the Nauvoo papers says:

      He [Mr. Browning] concluded his remarks by saying, To tell the prisoner to go to Missouri for a trial was adding insult to injury, and then said: "Great God! Have I not seen it? Yes, my eyes have beheld the blood-stained traces of innocent women and children, in the dreary winter, who had traveled hundreds of miles barefoot, through frost and snow, to seek a refuge from their savage pursuers. 'Twas a scene of horror, sufficient to have enlisted the sympathy of an adamantine heart. And shall this unfortunate man, whom their fury has seen proper to select for sacrifice, be driven into such a savage land, where none dare to enlist in the cause of justice? If there was no other voice under heaven ever to be heard in this cause, gladly would I stand alone, and proudly spend my latest breath in defense of an American citizen."

      The lawyers for the prosecution, according to Joseph's own account, acted honorably and confined themselves to the merits of the case, excepting two—Messrs. Knowlton and Jennings. They made an appeal both to the passions and prejudices of the people, and sought to create an excitement over the matter. Judge Douglass, however, was impartial in his rulings, and doubtless one officer of the court—the sheriff of Warren County—thought him severe in his efforts to protect the prisoner. The court room was densely packed and the judge ordered the sheriff to keep the spectators back; but this he neglected and the judge fined him ten dollars. In a few minutes the order to keep the spectators from crowding the prisoner and witnesses was repeated, and the sheriff told the court that he had ordered a constable to do it. "Clerk," said Judge Douglass, "add ten dollars more to that fine." This was effectual, the sheriff after that did his duty.

      Joseph claimed in this case that he was unlawfully held a prisoner, and he could prove that the indictment upon which he was arrested had been obtained by fraud, bribery and duress. This line of defense, however, raised the question as to whether the court had the right to inquire into the merits of the case. A long debate between opposing counsel followed. But it will be remembered that an attempt to arrest Joseph on the requisition from the governor of Missouri had been made in September previous; and it appears that after the fruitless effort to make the arrest, the sheriff of Hancock County returned the writ; and the defense claimed that after the return of the writ to the executive, the defendant could not be again legally arrested upon it. It was upon this point that the court set Joseph at liberty. Following is Judge Douglass' decision on this point:

      The writ being once returned to the executive by the sheriff of Hancock County was dead, and stood in the same relationship as any other writ which might issue from the circuit court, and consequently the defendant cannot be held in custody on that writ.

      On the other point in the case—as to whether evidence in the case was admissible—the judge withheld his opinion for further consideration, as the question was a grave one, involving the future conduct of the States in their relationship with each other; but on the ground that the writ was void, dead by reason of a former return being made on it by the sheriff of Hancock County, he ordered the discharge of the prisoner. And Missouri was again foiled in her designs upon the life of the Prophet.

      At the conclusion of the trial Joseph ordered dinner for his company, which numbered by that time some sixty men. "And when I called for the tavern bill," says Joseph, "the unconscientious fellow replied, 'only one hundred and sixty dollars.'" Some time after this, in September following, Joseph sent the costs of this trial to the sheriff of Adams County, of which the following is a copy:

      NAUVOO, September 30, 1841.

      To the Deputy Sheriff of Adams County:

      The following is a statement of my expenses, costs and liabilities, consequent upon my arrest and trial while in your custody, to-wit:

      To amount of fees to Esquires Ralston, Warren & Co … $250.00

      To Esquires Little, Williams, Walker and Browning … $100.00

      To seven days for self, horse and carriage, @$5.00 per day … $35.00

      To money spent during that time consequent upon arrest … $60.00

      To twelve witnesses … $240.00

      ________

      $685.00

      To which was added this note:

      DEAR SIR.—You will please take such measures as to put me in possession of the above amount, which is justly due me as above stated; to say nothing of false imprisonment and other expenses.

      * * *

      Receive my respects, etc.

      JOSEPH SMITH.

      With the exception of the difficulty just considered, the summer of 1841 glided pleasantly by, bringing to the busy inhabitants of Nauvoo many occasions of social and spiritual enjoyment.

CHAPTER XIX.

       Table of Contents

      EVENTS OF THE SUMMER OF 1841.

      NAUVOO was the most promising and thrifty city in Illinois, and the fame thereof extended throughout the nation, due, in part, of course, to the peculiar religion of its inhabitants. Strangers from far and near made it a point to visit Nauvoo, and the peace, sobriety, industry and public spirit of the citizens challenged their admiration, whatever views they might entertain respecting their religion. A large bowery was constructed just west of the temple site where the people assembled for worship. Here the Prophet Joseph preached some of his most powerful discourses, and taught his people in the doctrine of the heavenly kingdom; and not infrequently it happened that

      Fools who came to mock, remained to pray.

      The Saints never intended to make either their city or the Nauvoo Legion exclusively Mormon.^[1] On the contrary, the people at Nauvoo expressed a willingness to unite with their fellow-citizens in every good work and enterprise, and tolerate religious differences. Indeed, repeated invitations were sent out to the honorable men, not only of the State of Illinois, but of the United States, to men of capital and of influence and of integrity, asking them to come to Nauvoo, and assist in building up a glorious city.

      In July, Sidney H. Little, of the State senate, was killed by leaping from his carriage while his horse was unmanageable; and that the "Saints might mourn with those who are called to mourn," the eighteenth day of July was set apart as a day of fasting among the people of Nauvoo. By thus manifesting a feeling of sympathy and interest, they sought to cultivate peace and good-will among their fellow-citizens, and a number of honorable, and some of them influential men, while not accepting the faith of the Saints, became friendly disposed towards them, and associated with them in various business transactions.

      But the good-will of the Saints was not very generally reciprocated by the people of Illinois; and there were, even at that early date, envyings and bitterness manifested by those who were СКАЧАТЬ