Chapter XLIX: Appendix: IV (2)

About half past six o'clock the members of the city council, the marshal, Brothers Joseph and Hyrum, and a number of others, started for Carthage, on horseback. We were instructed by Brother Joseph Smith not to take any arms, and we consequently left them behind. We called at the house of Brother Fellows on our way out. Brother Fellows lived about four miles from Carthage.

While at Brother Fellow's house, Captain Dunn, accompanied by Mr. Coolie, one of the governor's aides-de-camp, came up from Carthage _en route_ for Nauvoo with a requisition from the governor for the State arms. We all returned to Nauvoo with them; the governor's request was complied with, and after taking some refreshments, we all returned to proceed to Carthage. We arrived there late in the night. A great deal of excitement prevailed on and after our arrival. The governor had received into his company all of the companies that had been in the mob; these fellows were riotous and disorderly, hallowing, yelling, and whooping about the streets like Indians, many of them intoxicated; the whole presented a scene of rowdyism and low-bred ruffianism only found among mobocrats and desperadoes, and entirely revolting to the best feelings of humanity. The governor made a speech to them to the effect that he would show Joseph and Hyrum Smith to them in the morning.

About here the companies with the governor were drawn up in line, and General Demming, I think, took Joseph by the arm and Hyrum (Arnold says that Joseph took the governor's arm), and as he passed through between the ranks, the governor leading in front, very politely introduced them as General Joseph Smith and General Hyrum Smith. [7]

All were orderly and courteous except one company of mobocrats--the Carthage Grays--who seemed to find fault on account of too much honor being paid to the Mormons. There was afterwards a row between the companies, and they came pretty near having a fight; the more orderly not feeling disposed to endorse or submit to the rowdyism of the mobocrats. The result was that General Demming, who was very much of a gentleman, ordered the Carthage Grays, a company under the command of Captain Smith, a magistrate in Carthage, and a most violent mobocrat, under arrest. This matter, however, was shortly afterward adjusted, and the difficulty settled between them.

The mayor, aldermen, councilors, as well as the marshal of the city of Nauvoo, together with some persons who had assisted the marshal in removing the press in Nauvoo, appeared before Justice Smith, the aforesaid captain and mobocrat, to again answer the charge of destroying the press; but as there was so much excitement, and as the man was an unprincipled villain before whom we were to have our hearing, we thought it most prudent to give bail, and consequently became security for each other in $500 bonds each, to appear before the County Court at its next session. We had engaged as counsel a lawyer by the name of Wood, of Burlington, Iowa; and Reed, I think, of Madison, Iowa After some little discussion the bonds were signed, and we were all dismissed.

Almost immediately after our dismissal, two men--Augustine Spencer and Norton--two worthless fellows, whose words would not have been taken for five cents, and the first of whom had a short time previously been before the mayor in Nauvoo for maltreating a lame brother, made affidavits that Joseph and Hyrum Smith were guilty of treason, and a writ was accordingly issued for their arrest, and the constable Bettesworth, a rough, unprincipled man, wished immediately to hurry them away to prison without any hearing. His rude, uncouth manner in the administration of what he considered the duties of his office made him exceedingly repulsive to us all. But, independent of these acts, the proceedings in this case were altogether illegal. Providing the court was sincere, which it was not, and providing these men's oaths were true, and that Joseph and Hyrum were guilty of treason, still the whole course was illegal.

The magistrate made out a mittimus, and committed them to prison without a hearing, which he had no right legally to do. The statue of Illinois expressly provides that "all men shall have a hearing before a magistrate before they shall be committed to prison;" and Mr. Robert H. Smith, the magistrate, had made out a mittimus committing them to prison contrary to law without such hearing. As I was informed of this illegal proceeding, I went immediately to the governor and informed him of it. Whether he was apprised of it before or not, I do not know; but my opinion is that he was.

I represented to him the characters of the parties who had made oath, the outrageous nature of the charge, the indignity offered to men in the position which they occupied, and declared to him that he knew very well it was a vexatious proceeding, and that the accused were not guilty of any such crime. The governor replied, he was very sorry that the thing had occurred; that he did not believe the charges, but that he thought the best thing to be done was to let the law take its course. I then reminded him that we had come out there at his instance, not to satisfy the law, which we had done before, but the prejudices of the people, in relation to the affairs of the press; that at his instance we had given bonds, which we could not by law be required to do to satisfy the people, and that it was asking too much to require gentlemen in their position in life to suffer the degradation of being immured in a jail at the instance of such worthless scoundrels as those who had made this affidavit. The governor replied that it was an unpleasant affair, and looked hard; but that it was a matter over which he had no control, as it belonged to the judiciary; that he, as the executive, could not interfere with their proceedings, and that he had no doubt but that they would immediately be dismissed. I told him that we had looked to him for protection from such insults, and that I thought we had a right to do so from the solemn promises which he had made to me and to Dr. Bernhisel in relation to our coming without guard or arms; that we had relied upon his faith, and had a right to expect him to fulfill his engagements after we had placed ourselves implicity under his care, and complied with all his requests, although extrajudicial.

He replied that he would detail a guard, if we required it, and see us protected, but that he could not interfere with the judiciary. I expressed my dissatisfaction at the course taken, and told him, that, if we were to be subject to mob rule, and to be dragged, contrary to law, into prison at the instance of every infernal scoundrel whose oaths could be bought for a dram of whiskey, his protection availed very little, and we had miscalculated his promises.

Seeing there was no prospect of redress from the governor, I returned to the room, and found the constable Bettesworth very urgent to hurry Brothers Joseph and Hyrum to prison, while the brethren were remonstrating with him. At the same time a great rabble was gathered in the streets and around the door, and from the rowdyism manifested I was afraid there was a design to murder the prisoners on the way to jail.

Without conferring with any person, my next feelings were to procure a guard, and seeing a man habited as a soldier in the room, I went to him and said, "I am afraid there is a design against the lives of the Messrs. Smith; will you go immediately and bring your captain; and, if not convenient, any other captain of a company, and I will pay you well for your trouble?" He said he would, and departed forthwith, and soon returned with his captain, whose name I have forgotten, and introduced him to me. I told him of my fears, and requested him immediately to fetch his company.

He departed forthwith, and arrived at the door with them just at the time when the constable was hurrying the brethren down stairs. A number of the brethren went along, together with one or two strangers; and all of us, safely lodged in prison, remained there during the night.

At the request of Joseph Smith for an interview with the governor, he came the next morning, Thursday, June 26th, at half past 9 o'clock, accompanied by Colonel Geddes, when a lengthy conversation was entered into in relation to the existing difficulties; and after some preliminary remarks, at the governor's request, Brother Joseph gave him a general outline of the state of affairs in relation to our difficulties, the excited state of the country, the tumultuous mobocratic movements of our enemies, the precautionary measures used by himself (Joseph Smith), the acts of the city council, the destruction of the press, and the moves of the mob and ourselves up to that time.

The following report is, I believe, substantially correct:

_Governor_--"General Smith, I believe you have given me a general
outline of the difficulties that have existed in the country in
the documents forwarded to me by Dr. Bernhisel and Mr. Taylor;
but, unfortunately, there seems to be a great discrepancy between
your statements and those of your enemies. It is true that you
are substantiated by evidence and affidavit, but for such an
extraordinary excitement as that which is now in the country
there must be some cause, and I attribute the last outbreak to
the destruction of the _Expositor_, and to your refusal to comply
with the writ issued by Esquire Morrison. The press in the United
States is looked upon as the great bulwark of American freedom,
and its destruction in Nauvoo was represented and looked upon as
a high-handed measure, and manifests to the people a disposition
on your part to suppress the liberty of speech and of the press.
This, with your refusal to comply with the requisition of a writ, I
conceive to be the principal cause of this difficulty; and you are
moreover represented to me as turbulent, and defiant of the laws
and institutions of your country."

_General Smith_--"Governor Ford, you, sir, as governor of this
State, are aware of the persecutions that I have endured. You know
well that our course has been peaceable and law-abiding for I have
furnished this State ever since our settlement here with sufficient
evidence of my pacific intentions, and those of the people with
whom I am associated, by the endurance of every conceivable
indignity and lawless outrage perpetrated upon me and upon this
people since our settlement here; and you know yourself that I have
kept you well posted in relation to all matters associated with the
late difficulties. If you have not got some of my communications,
it has not been my fault.

"Agreeably to your orders, I assembled the Nauvoo Legion for the
protection of Nauvoo and the surrounding country against an armed
band of marauders; and ever since they have been mustered I have
almost daily communicated with you in regard to all the leading
events that have transpired; and whether in the capacity of mayor
of the city, or lieutenant general of the Nauvoo Legion, I have
striven, according to the best of my judgment, to preserve the
peace and to administer even-handed justice; but my motives are
impugned, my acts are misconstrued, and I am grossly and wickedly
misrepresented. I suppose I am indebted for my incarceration to
the oath of a worthless man, who was arraigned before me and fined
for abusing and maltreating his lame, helpless brother. That I
should be charged by you, sir, who know better, of acting contrary
to law, is to me a matter of surprise. Was it the Mormons or our
enemies who first commenced these difficulties? You know well it
was not us; and when this turbulent, outrageous people commenced
their insurrectionary movements I made you acquainted with them
officially, and asked your advice, and have followed strictly your
counsel in every particular. Who ordered out the Nauvoo Legion?
I did, under your direction. For what purpose? To suppress the
insurrectionary movements. It was at your instance, sir, that I
issued a proclamation calling upon the Nauvoo Legion to be in
readiness at a moment's warning to guard against the incursions of
mobs, and gave an order to Jonathan Dunham, acting major-general,
to that effect.

"Am I, then, to be charged with the acts of others? and because
lawlessness and mobocracy abound, am I, when carrying out your
instructions, to be charged with not abiding law? Why is it that I
must be made accountable for other men's acts? If there is trouble
in the country, neither I nor my people made it; and all that we
have ever done, after much endurance on our part, is to maintain
and uphold the Constitution and institutions of our country, and to
protect an injured, innocent, and persecuted people against misrule
and mob violence.

"Concerning the destruction of the press to which you refer, men
may differ somewhat in their opinions about it; but can it be
supposed that after all the indignities to which they have been
subjected outside, that people could suffer a set of worthless
vagabonds to come into their city, and, right under their own eyes
and protection, vilify and calumniate not only themselves, but
the character of their wives and daughters, as was impudently and
unblushingly done in that infamous and filthy sheet?

"There is not a city in the United States that would have suffered
such an indignity for twenty-four hours. Our whole people were
indignant, and loudly called upon our city authorities for a
redress of their grievances, which, if not attended to, they
themselves would have taken into their own hands, and have
summarily punished the audacious wretches as they deserved. The
principle of equal rights that has been instilled into our bosoms
from our cradles as American citizens forbids us submitting to
every foul indignity, and succumbing and pandering to wretches so
infamous as these. But, independent of this, the course that we
pursued we consider to be strictly legal; for, notwithstanding
the result, we were anxious to be governed strictly by law, and
therefore we convened the city council; and being desirous in our
deliberations to abide by law, we summoned legal counsel to be
present on the occasion. Upon investigating the matter, we found
that our city charter gave us power to remove all nuisances.
Furthermore, after consulting Blackstone upon what might be
considered a nuisance, it appeared that that distinguished lawyer,
who is considered authority, I believe, in all our courts, states
among other things that 'a libelous and filthy press may be
considered a nuisance, and abated as such.' Here, then, one of
the most eminent English barristers, whose works are considered
standard with us, declares that a libelous and filthy press may
be considered a nuisance; and our own charter, given us by the
Legislature of this State, gives us power to remove nuisances; and
by ordering that press to be abated as a nuisance, we conceived
that we were acting strictly in accordance with law. We made that
order in our corporate capacity, and the city marshal carried it
out. It is possible there may have been some better way, but I must
confess that I could not see it.

"In relation to the writ served upon us, we are willing to abide
the consequences of our own acts, but are unwilling, in answering
a writ of that kind, to submit to illegal exactions, sought to be
imposed upon us under the pretense of law, when we knew they were
in open violation of it. When that document was presented to me by
Mr. Bettesworth, I offered, in the presence of more than twenty
persons, to go to any other magistrate, either in our city, in
Appanoose, or any other place where we should be safe, but we all
refused to put ourselves into the power of a mob. What right had
that constable to refuse our request? He had none according to
law; for you know, Governor Ford, that the statute law in Illinois
is, that the parties served with the writ 'shall go before him who
issued it, or some other justice of the peace.' Why, then, should
we be dragged to Carthage, where the law does not compel us to
go? Does not this look like many others of our persecutions with
which you are acquainted? and have we not a right to expect foul
play? This very act was a breach of law on his part, an assumption
of power that did not belong to him, and an attempt, at least, to
deprive us of our legal and constitutional rights and privileges.
What could we do, under the circumstances, different from what we
did do? We sued for, and obtained a writ of _habeas corpus_ from
the municipal court, by which we were delivered from the hands of
Constable Bettesworth, and brought before and acquitted by the
municipal court. After our acquittal, in a conversation with Judge
Thomas, although he considered the acts of the party illegal,
he advised that, to satisfy the people, we had better go before
another magistrate who was not in our Church. In accordance with
his advice, we went before Esquire Wells, with whom you are well
acquainted; both parties were present, witnesses were called on
both sides, the case was fully investigated, and we were again
dismissed. And what is this pretended desire to enforce law, and
wherefore are these lying, base rumors put into circulation but
to seek, through mob influence, under pretense of law, to make us
submit to requisitions which are contrary to law and subversive
of every principle of justice? And when you, sir, required us to
come out here, we came, not because it was legal, but because you
required it of us, and we were desirous of showing to you, and
to all men, that we shrunk not from the most rigid investigation
of our acts. We certainly did expect other treatment than to be
immured in a jail at the instance of these men, and I think, from
your plighted faith, we had a right so to expect, after disbanding
our own forces, and putting ourselves entirely in your hands. And
now, after having fulfilled my part, sir, as a man and an American
citizen, I call upon you, Governor Ford, to deliver us from this
place, and rescue us from this outrage that is sought to be
practiced upon us by a set of infamous scoundrels."

_Governor Ford_.--"But you have placed men under arrest, detained
men as prisoners, and given passes to others, some of which I have
seen,"

_John P. Greene, City Marshal_.--"Perhaps I can explain. Since
these difficulties have commenced, you are aware that we have been
placed under very peculiar circumstances; our city has been placed
under a very rigid police guard; in addition to this, frequent
guards have been placed outside the city to prevent any sudden
surprise, and those guards have questioned suspected or suspicious
persons as to their business. To strangers, in some instances,
passes have been given to prevent difficulty in passing those
guards; it is some of these passes that you have seen. No person,
sir, has been imprisoned without a legal cause in our city."

_Governor_--"Why did you not give a more speedy answer to the posse
that I sent out?"

_General Smith_.--"We had matters of importance to consult upon;
your letter showed anything but an amiable spirit. We have
suffered immensely in Missouri from mobs, in loss of property,
imprisonment, and otherwise. It took some time for us to weigh duly
these matters; we could not decide upon matters of such importance
immediately, and your posse were too hasty in returning; we were
consulting for a large people, and vast interests were at stake. We
had been outrageously imposed upon, and knew not how far we could
trust any one; besides, a question necessarily arose, How shall we
come? Your request was that we should come unarmed. It became a
matter of serious importance to decide how far promises could be
trusted, and how far we were safe from mob violence."

_Colonel Geddes_.--"It certainly did look, from all I have heard,
from the general spirit of violence and mobocracy that here
prevails, that it was not safe for you to come unprotected."

_Governor Ford_.--"I think that sufficient time was not allowed
by the posse for you to consult and get ready. They were too
hasty; but I suppose they found themselves bound by their orders.
I think, too, there is a great deal of truth in what you say, and
your reasoning is plausible, but I must beg leave to differ from
you in relation to the acts of the City Council. That Council, in
my opinion, had no right to act in a legislative capacity, and in
that of the judiciary. They should have passed a law in relation
to the matter, and then the Municipal Court, upon complaint, could
have removed it; but for the City Council to take upon themselves
the law-making and the execution of the law, is, in my opinion,
wrong; besides, these men ought to have had a hearing before their
property was destroyed; to destroy it without was an infringement
on their rights; besides, it is so contrary to the feelings of
American people to interfere with the press. And, furthermore, I
cannot but think that it would have been more judicious for you to
have gone with Mr. Bettesworth to Carthage, notwithstanding the
law did not require it. Concerning your being in jail, I am sorry
for that; I wish it had been otherwise. I hope you will soon be
released, but I can not interfere."

_Joseph Smith_.--"Governor Ford, allow me, sir, to bring one thing
to your mind that you seem to have overlooked. You state that you
think it would have been better for us to have submitted to the
requisition of Constable Bettesworth, and to have gone to Carthage.
Do you not know, sir, that that writ was served at the instance of
an anti-Mormon mob, who had passed resolutions, and published them,
to the effect that they would exterminate the Mormon leaders? And
are you not informed that Captain Anderson was not only threatened
but had a gun fired at his boat by this said mob in Warsaw when
coming up to Nauvoo, and that this very thing was made use of as
a means to get us into their hands; and we could not, without
taking an armed force with us, go there without, according to their
published declarations, going into the jaws of death? To have taken
a force with us would only have fanned the excitement, and they
would have stated that we wanted to use intimidation; therefore, we
thought it the most judicious to avail ourselves of the protection
of the law."

_Governor Ford_.--"I see, I see."

_Joseph Smith_.--"Furthermore, in relation to the press, you say
that you differ from me in opinion. Be it so; the thing, after all,
is only a legal difficulty, and the courts, I should judge, are
competent to decide on that matter. If our act was illegal, we are
willing to meet it; and although I cannot see the distinction that
you draw about the acts of the City Council, and what difference
it could have made in point of fact, law, or justice between the
City Council, acting together or separate or how much more legal
it would have been for the Municipal Court, who were a part of the
City Council, to act separately instead of with the councilors,
yet, if it is deemed that we did a wrong in destroying that press,
we refuse not to pay for it; we are desirous to fulfill the law
in every particular, and are responsible for our acts. You say
that the parties ought to have a hearing. Had it been a civil
suit, this of course, would have been proper; but there was a
flagrant violation of every principle of right--a nuisance; and
it was abated on the same principle that any nuisance, stench,
or putrefied carcass would have been removed. Our first step,
therefore, was to stop the foul, noisome, filthy sheet, and then
the next in our opinion would have been to have prosecuted the man
for a breach of public decency. And, furthermore, again let me say,
Governor Ford, I shall look to you for our protection. I believe
you are talking of going to Nauvoo; if you go, sir, I wish to go
along. I refuse not to answer any law, but I do not consider myself
safe here."

_Governor_.--"I am in hopes that you will be acquitted, and if I
go I will certainly take you along. I do not, however, apprehend
danger. I think you are perfectly safe either here or anywhere
else. I can not, however, interfere with the law. I am placed in
peculiar circumstances and seem to be blamed by all parties."

_Joseph Smith_.--"Governor Ford, I ask nothing but what is legal;
I have a right to expect protection, at least from you; for,
independent of law, you have pledged your faith and that of the
State for my protection, and I wish to go to Nauvoo."

_Governor_.--"And you shall have protection, General Smith. I did
not make this promise without consulting my officers, who all
pledged their honor to its fulfillment. I do not know that I shall
go tomorrow to Nauvoo, but if I do I will take you along."

At a quarter past ten o'clock the governor left.

At about half past twelve o'clock, Mr. Reed, one of Joseph's counsel, came in, apparently much elated; he stated that, upon an examination of the law, he found that the magistrate had transcended his jurisdiction, and that having committed them without an examination, his jurisdiction ended, that he had him upon a pin hook; that he ought to have examined them before he committed them, and that, having violated the law in this particular, he had no further power over them; for, once committed, they were out of his jurisdiction, as the power of the magistrate extended no farther than their committal, and that now they could not be brought out except at the regular session of the Circuit Court, or by a writ of _habeas corpus;_ but that if Justice Smith would consent to go to Nauvoo for trial, he would compromise matters with him, and overlook this matter.

Mr. Reed further stated that the anti-Mormons, or mob, had concocted a scheme to get out a writ from Missouri, with a demand upon Governor Ford for the arrest of Joseph Smith, and his conveyance to Missouri, and that a man by the name of Wilson had returned from Missouri the night before the burning of the press for this purpose.

At half past two o'clock Constable Bettesworth came to the jail with a man named Simpson, professing to have some order, but he would not send up his name, and the guard would not let him pass. Dr. Bernhisel and Brother Wasson went to inform the governor and council of this. At about twenty minutes to three Dr. Bernhisel returned, and stated that he thought the governor was doing all he could. At about ten minutes to three Hyrum Kimball appeared with news from Nauvoo.

Soon after Constable Bettesworth came with an order from Esquire Smith to convey the prisoners to the court-house for trial. He was informed that the process was illegal, that they had been placed there contrary to law, and that they refused to come unless by legal process. I was informed that Justice Smith (who was also captain of the Carthage Grays) went to the governor and informed him of the matter, and that the governor replied, "You have your forces, and of course can use them." The constable certainly did return, accompanied by a guard of armed men, and by force, and under protest, hurried the prisoners to the court.

About four o'clock the case was called by Captain Robert F. Smith, J. P. The counsel for the prisoners called for subpoenas to bring witnesses. At twenty-five minutes past four he took a copy of the order to bring the prisoners from jail to trial, and afterwards he took names of witnesses.

Counsel present for the State; Higbee, Skinner, Sharp, Emmons, and Morrison. Twenty-five minutes to five the writ was returned as served, June 25th.

Many remarks were made at the court that I paid but little attention to, as I considered the whole thing illegal and a complete burlesque. Wood objected to the proceedings in total, in consequence of its illegality, showing that the prisoners were not only illegally committed, but that, being once committed, the magistrate had no further power over them; but as it was the same magistrate before whom he was pleading who imprisoned them contrary to law, and the same who, as captain, forced them from jail, his arguments availed but little. He then urged that the prisoners be remanded until witnesses could be had, and applied for a continuance for that purpose. Skinner suggested until twelve o'clock next day. Wood again demanded until witnesses could be obtained; that the court meet at a specified time, and that, if witnesses were not present, again adjourn, without calling the prisoners. After various remarks from Reed, Skinner, and others, the court stated that the writ was served yesterday, and that it will give until tomorrow at twelve m. to get witnesses.

We then returned to jail. Immediately after our return Dr. Bernhisel went to the governor, and obtained from him an order for us to occupy a large open room containing a bedstead. I rather think that the same room had been appropriated to the use of debtors; at any rate, there was free access to the jailer's house, and no bars or locks except such as might be on the outside door of the jail. The jailer, Mr. George W. Steghall, and his wife, manifested a disposition to make us as comfortable as they could; we ate at their table, which was well provided, and, of course, paid for it.

I do not remember the names of all who were with us that night and the next morning in jail, for several went and came; among those that we considered stationery were Stephen Markham, John S. Fullmer, Captain Dan Jones, Dr. Willard Richards, and myself. Dr. Bernhisel says that he was there from Wednesday in the afternoon until eleven o'clock next day. We were, however, visited by numerous friends, among whom were Uncle John Smith, Hyrum Kimball, Cyrus H. Wheelock, besides lawyers, as counsel. There was also a great variety of conversation, which was rather desultory than otherwise, and referred to circumstances that had transpired, our former and present grievances, the spirit of the troops around us, and the disposition of the governor; the devising for legal and other plans for deliverance, the nature of testimony required; the gathering of proper witnesses, and a variety of other topics, including our religious hopes, etc.

During one of these conversations Dr. Richards remarked: "Brother Joseph, if it is necessary that you die in this matter, and if they will take me in your stead, I will suffer for you." At another time, when conversing about deliverance, I said, "Brother Joseph, if you will permit it, and say the word, I will have you out of this prison in five hours, if the jail has to come down to do it." My idea was to go to Nauvoo, and collect a force sufficient, as I considered the whole affair a legal farce, and a flagrant outrage upon our liberty and rights. Brother Joseph refused.

Elder Cyrus H. Wheelock came in to see us, and when he was about leaving drew a small pistol, a six-shooter, from his pocket, remarking at the same time, "Would any of you like to have this?" Brother Joseph immediately replied, "Yes, give it to me;" whereupon he took the pistol, and put it in his pantaloons pocket. The pistol was a six-shooting revolver, of Allen's patent; it belonged to me, and was one that I furnished to Brother Wheelock when he talked of going with me to the east, previous to our coming to Carthage. I have it now in my possession. Brother Wheelock went out on some errand, and was not suffered to return. The report of the governor having gone to Nauvoo without taking the prisoners along with him caused very unpleasant feelings, as we were apprised that we were left to the tender mercies of the Carthage Grays, a company strictly mobocratic, and whom we knew to be our most deadly enemies; and their captain, Esquire Smith, was a most unprincipled villain. Besides this, all the mob forces, comprising the governor's troops, were dismissed, with the exception of one or two companies, which the governor took with him to Nauvoo. The great part of the mob was liberated, the remainder was our guard.

We looked upon it not only as a breach of faith on the part of the governor, but also as an indication of a desire to insult us, if nothing more, by leaving us in the proximity of such men. The prevention of Wheelock's return was among the first of their hostile movements.

Colonel Markham then went out, and he was also prevented from returning. He was very angry at this, but the mob paid no attention to him; they drove him out of town at the point of the bayonet, and threatened to shoot him if he returned. He went, I am informed, to Nauvoo for the purpose of raising a company of men for our protection. Brother Fullmer went to Nauvoo after witnesses; it is my opinion that Brother Wheelock did also.

Some time after dinner we sent for some wine. It has been reported by some that this was taken as a sacrament. It was no such thing; our spirits were generally dull and heavy, and it was sent for to revive us. I think it was Captain Jones who went after it, but they would not suffer him to return. I believe we all drank of the wine, and gave some to one or two of the prison guards. We all of us felt unusually dull and languid, with a remarkable depression of spirits. In consonance with those feelings I sang a song, that had lately been introduced into Nauvoo, entitled, "A poor, wayfaring man of grief," etc.

The song is pathetic, and the tune quite plaintive, and was very much in accordance with our feelings at the time, for our spirits were all depressed, dull and gloomy, and surcharged with indefinite ominous forebodings. After a lapse of some time, Brother Hyrum requested me again to sing that song. I replied, "Brother Hyrum, I do not feel like singing;" when he remarked, "Oh, never mind; commence singing, and you will get the spirit of it." At his request I did so. Soon afterwards I was sitting at one of the front windows of the jail, when I saw a number of men, with painted faces, coming around the corner of the jail, and aiming towards the stairs. The other brethren had seen the same, for, as I went to the door, I found Brother Hyrum Smith and Dr. Richards already leaning against it. They both pressed against the door with their shoulders to prevent its being opened, as the lock and latch were comparatively useless. While in this position, the mob, who had come up stairs, and tried to open the door, probably thought it was locked, and fired a ball through the keyhole; at this Dr. Richards and Brother Hyrum leaped back from the door, with their faces towards it; almost instantly another ball passed through the panel of the door, and struck Brother Hyrum on the left side of the nose, entering his face and head. At the same instant, another ball from the outside entered his back, passing through his body and striking his watch. The ball came from the back, through the jail window, opposite the door, and must, from its range, have been fired from the Carthage Grays, who were placed there ostensibly for our protection, as the balls from the fire-arms, shot close by the jail, would have entered the ceiling, we being in the second story, and there never was a time after that when Hyrum could have received the latter wound. Immediately, when the balls struck him, he fell flat on his back, crying as he fell, "I am a dead man." He never moved afterwards.

I shall never forget the deep feeling of sympathy and regard manifested in the countenance of Brother Joseph as he drew nigh to Hyrum, and, leaning over him, exclaimed, "Oh! my poor, dear brother Hyrum!" He, however, instantly arose, and with a firm, quick step, and a determined expression of countenance, approached the door, and pulling the six-shooter left by Brother Wheelock from his pocket, opened the door slightly, and snapped the pistol six successive times; only three of the barrels, however, were discharged. I afterwards understood that two or three were wounded by these discharges, two of whom, I am informed, died. I had in my hands a large, strong hickory stick, brought there by Brother Markham, and left by him, which I had seized as soon as I saw the mob approach; and while Brother Joseph was firing the pistol, I stood close behind him. As soon as he had discharged it he stepped back, and I immediately took his place next to the door, while he occupied the one I had done while he was shooting. Brother Richards, at this time, had a knotty walking-stick in his hands belonging to me, and stood next to Brother Joseph, a little farther from the door, in an oblique direction, apparently to avoid the rake of the fire from the door. The firing of Bother Joseph made our assailants pause for a moment; very soon after, however, they pushed the door some distance open, and protruded and discharged their guns into the room, when I parried them off with my stick, giving another direction to the balls.

It certainly was a terrible scene: streams of fire as thick as my arm passed by me as these men fired, and, unarmed as we were, it looked like certain death. I remember feeling as though my time had come, but I do not know when, in any critical position, I was more calm, unruffled, energetic, and acted with more promptness and decision. It certainly was far from pleasant to be so near the muzzles of those fire-arms as they belched forth their liquid flames and deadly balls. While I was engaged in parrying the guns, Brother Joseph said, "That's right, Brother Taylor, parry them off as well as you can." These were the last words I ever heard him speak on earth.

Every moment the crowd at the door became more dense, as they were unquestionably pressed on by those in the rear ascending the stairs, until the whole entrance at the door was literally crowded with muskets and rifles, which, with the swearing, shouting and demoniacal expressions of those outside the door and on the stairs, and the firing of the guns, mingled with their horrid oaths and execrations, made it look like Pandemonium let loose, and was, indeed, a fit representation of the horrid deed in which they were engaged.

After parrying the guns for some time, which now protruded thicker and farther into the room, and seeing no hope of escape or protection there, as we were now unarmed, it occurred to me that we might have some friends outside, and that there might be some chance of escape in that direction, but here there seemed to be none. As I expected them every moment to rush into the room--nothing but extreme cowardice having thus far kept them out--as the tumult and pressure increased, without any other hope, I made a spring for the window which was right in front of the jail door, where the mob was standing, and also exposed to the fire of the Carthage Grays, who were stationed some ten or twelve rods off. The weather was hot, we all of us had our coats off, and the window was raised to admit air. As I reached the window, and was on the point of leaping out, I was struck by a ball from the door about midway of my thigh, which struck the bone, and flattened out almost to the size of a quarter of a dollar, and then passed on through the fleshy part to within about half an inch of the outside. I think some prominent nerve must have been severed or injured, for, as soon as the ball struck me, I fell like a bird when shot, or an ox when struck by a butcher, and lost entirely and instantaneously all power of action or locomotion. I fell upon the window-sill, and cried out, "I am shot!" Not possessing any power to move, I felt myself falling outside of the window, but immediately I fell inside, from some, at that time, unknown cause. When I struck the floor my animation seemed restored, as I have seen it sometimes in squirrels and birds after being shot. As soon as I felt the power of motion I crawled under the bed which was in a corner of the room, not far from the window where I received my wound. While on my way and under the bed I was wounded in three other places; one ball entered a little below the left knee, and never was extracted; another entered the forepart of my left arm, a little above the wrist, and, passing down by the joint, lodged in the fleshy part of my hand, about midway, a little above the upper joint of my little finger; another struck me on the fleshy part of my left hip, and tore away the flesh as large as my hand, dashing the mangled fragments of flesh and blood against the wall.

My wounds were painful, and the sensation produced was as though a ball had passed through and down the whole length of my leg. I very well remember my reflections at the time. I had a very painful idea of becoming lame and decrepit, and being an object of pity, and I felt as though I would rather die than be placed in such circumstances.

It would seem that immediately after my attempt to leap out of the window, Joseph also did the same thing, of which circumstance I have no knowledge only from information. The first thing that I noticed was a cry that he had leaped out of the window. A cessation of firing followed, the mob rushed down stairs, and Dr. Richards went to the window. Immediately afterwards I saw the doctor going towards the jail door, and as there was an iron door at the head of the stairs adjoining our door which led into the cells for criminals, it struck me that the doctor was going in there, and I said to him, "Stop, doctor, and take me along." He proceeded to the door and opened it, and then returned and dragged me along to a small cell prepared for criminals.

Brother Richards was very much troubled, and exclaimed, "Oh! Brother Taylor, is it possible that they have killed both Brother Hyrum and Joseph? it cannot surely be, and yet I saw them shoot them;" and, elevating his hands two or three times, he exclaimed, "Oh Lord, my God, spare thy servants!" He then said, "Brother Taylor, this is a terrible event;" and he dragged me farther into the cell, saying, "I am sorry I can do no better for you," and, taking an old, filthy mattress, he covered me with it, and said, "That may hide you, and you may yet live to tell the tale, but I expect they will kill me in a few moments." While lying in this position I suffered the most excruciating pain.

Soon afterwards Dr. Richards came to me, informed me that the mob had precipitately fled, and at the same time confirmed my worst fears that Joseph was assuredly dead. I felt a dull, lonely, sickening sensation at the news. When I reflected that our noble chieftain, the prophet of the living God, had fallen, and that I had seen his brother in the cold embrace of death, it seemed as though there was a void or vacuum in the great field of human existence to me, and a dark, gloomy chasm in the kingdom, and that we were left alone. Oh how lonely was that feeling! How cold, barren and desolate! In the midst of difficulties he was always the first in motion; in critical positions his counsel was always sought. As our prophet he approached our God, and obtained for us his will; but now our prophet, our counselor, our general, our leader was gone, and amid the fiery ordeal that we then had to pass through, we were left alone without his aid, and as our future guide for things spiritual or temporal, and for all things pertaining to this world or the next, he had spoken for the last time on earth!

These reflections and a thousand others flashed upon my mind. I thought, Why must the good perish, and the virtuous be destroyed? Why must God's nobility, the salt of the earth, the most exalted of the human family, and the most perfect types of all excellence, fall victims to the cruel, fiendish hate of incarnate devils?

The poignancy of my grief, I presume, however, was somewhat allayed by the extreme suffering that I endured from my wounds.

Soon afterwards I was taken to the head of the stairs and laid there, where I had a full view of our beloved and now murdered Brother Hyrum. There he lay as I had left him; he had not moved a limb; he lay placid and calm, a monument of greatness even in death; but his noble spirit had left its tenement, and was gone to dwell in regions more congenial to its exalted nature. Poor Hyrum! he was a great and good man, and my soul was cemented to his. If ever there was an exemplary, honest, and virtuous man, an embodiment of all that is noble in the human form, Hyrum Smith was its representative.

While I lay there a number of persons came around, among whom was a physician. The doctor, on seeing a ball lodged in my left hand, took a penknife from his pocket and made an incision in it for the purpose of extracting the ball therefrom, and having obtained a pair of carpenter's compasses, made use of them to draw or pry out the ball, alternately using the penknife and compasses. After sawing for some time with a dull penknife, and prying and pulling with the compasses, he ultimately succeeded in extracting the ball, which weighed about half an ounce. Some time afterwards he remarked to a friend of mine that I had "nerves like the devil," to stand what I did in its extraction. I really thought I had need of nerves stand such surgical butchery, and that, whatever my nerves may be, his practice was devilish.

This company wished to remove me to Mr. Hamilton's hotel, the place where we had stayed previous to our incarceration in jail. I told them, however, that I did not wish to go; I did not consider it safe. They protested that it was, and that I was safe with them; that it was a perfect outrage for men to be used as we had been; that they were my friends; that it was for my good they were counseling me, and that I could be better taken care of there than here.

I replied, "I don't know you. Who am I among? I am surrounded by assassins and murderers; witness your deeds! Don't talk to me of kindness or comfort; look at your murdered victims. Look at me! I want none of your counsel nor comfort. There may be some safety here; I can be assured of none anywhere," etc.

They G-- d-- their souls to hell, made the most solemn asseverations, and swore by God and the devil, and everything else that they could think of, that they would stand by me to death and protect me. In half an hour every one of them had fled from the town.

Soon after a coroner's jury were assembled in the room over the body of Hyrum. Among the jurors was Captain Smith, of the Carthage Grays, who had assisted in the murder, and the same justice before whom we had been tried. I learned of Francis Higbee as being in the neighborhood. On hearing his name mentioned, I immediately arose and said, "Captain Smith, you are a justice of the peace; I have heard his name mentioned; I want to swear my life against him." I was informed that word was immediately sent to him to leave the place, which he did.

Brother Richards was busy during this time attending to the coroner's inquest, and to the removal of the bodies, and making arrangements for their removal from Carthage to Nauvoo.

When he had a little leisure, he again came to me, and at his suggestion I was removed to Hamilton's tavern. I felt that he was the only friend, the only person, that I could rely upon in that town. It was with difficulty that sufficient persons could be found to carry me to the tavern; for immediately after the murder a great fear fell upon all the people, and men, women, and children fled with great precipitation, leaving nothing nor anybody in the town but two or three women and children and one or two sick persons.

It was with great difficulty that Brother Richards prevailed upon Mr. Hamilton, hotel-keeper, and his family, to stay; they would not until Brother Richards had given a solemn promise that he would see them protected, and hence I was looked upon as a hostage. Under these circumstances, notwithstanding, I believe they were hostile to the Mormons, and were glad that the murder had taken place, though they did not actually participate in it; and, feeling that I should be a protection to them, they stayed.

The whole community knew that a dreadful outrage had been perpetrated by those villains, and fearing lest the citizens of Nauvoo, as they possessed the power, might have a disposition to visit them with a terrible vengeance, they fled in the wildest confusion. And, indeed, it was with very great difficulty that the citizens of Nauvoo could be restrained. A horrid, barbarous murder had been committed, the most solemn pledge violated, and that, too, while the victims were, contrary to the requirements of the law, putting themselves into the hands of the governor to pacify a popular excitement. This outrage was enhanced by the reflection that our people were able to protect themselves against not only all the mob, but against three times their number and that of the governor's troops put together. They were also exasperated by the speech of the governor in town.

The whole events were so faithless, so dastardly, so mean, cowardly, and contemptible, without one extenuating circumstance, that it would not have been surprising if the citizens of Nauvoo had arisen _en masse_, and blotted the wretches out of existence. The citizens of Carthage knew they would have done so under such circumstances, and, judging us by themselves, they were all panic-stricken, and fled. Colonel Markham, too, after his expulsion from Carthage, had gone home, related the circumstances of his ejectment, and was using his influence to get a company to go out. Fearing that when the people heard that their prophet and patriarch had been murdered under the above circumstances they might act rashly, and knowing that if they once got roused, like a mighty avalanche they would lay the country waste before them and take a terrible vengeance--as none of the Twelve were in Nauvoo, and no one, perhaps, with sufficient influence to control the people, Dr. Richards, after consulting me, wrote the following note, fearing that my family might be seriously affected by the news. I told him to insert that I was slightly wounded.

_Willard Richards' Note from Carthage Jail to Nauvoo_. [8]

"Carthage jail, 8 o'clock 5 min. p. m., June 27th, 1844.

"Joseph and Hyrum are dead. Taylor wounded, not very badly. I am
well. Our guard was forced, as we believe, by a band of Missourians
from 100 to 200. The job was done in an instant, and the party fled
towards Nauvoo instantly. This is as I believe it. The citizens
here are afraid of the 'Mormons' attacking them; I promise them no.

W. RICHARDS.

"N. B.--The citizens promise us protection; alarm guns have been
fired.

"JOHN TAYLOR."

I remember signing my name as quickly as possible, lest the tremor of my hand should be noticed, and the fears of my family excited.