USA > Illinois > Hancock County > History of Hancock County, Illinois, together with an outline history of the State, and a digest of State laws > Part 26
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Before starting for Ottawa, Smith had commenced suit in the Lee Court for false imprisonment against Reynolds and Wilson; and being unable to procure bail, they were held in the custody of
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the Sheriff. Against this arrest they also procured a writ of habeas corpus, returnable before Judge Young, at Quincy,-and this writ was also placed in the hands of the Sheriff. After the return to - Dixon, Smith procured another writ of habeas corpus (as a substi- tute for the first one), returnable before the " nearest tribunal in the Fifth Judicial Circuit, authorized to hear and determine writs of habeas corpus." The Fifth Judicial Circuit embraced Quincy (the residence of Judge Young), and also Nauvoo, with a Munici- pal Court, claiming the right to hear and determine writs of habeas corpus.
These proceedings completely turned the tables upon the officers. Instead of Smith as their prisoner, they found themselves under arrest and unable to give bail, with Smith really a free man; the fiat had already gone forth that he would be discharged; for was not the Nauvoo Municipal Court nearer than the court of Judge Young, at Quincy? and was not Smith himself Mayor of the city and presiding officer of that Court?
Smith's arrest was made on Thursday, the 23d of June, and on Monday, the 26th, the cavalcade, " consisting of Reynolds, Wilson and Smith; Messrs. Walker, Southwick and Patrick, the counsel of Smith; McKay, a guard employed by Reynolds to guard Smith; Sanger, the owner of the stage coach that took them; McComsey, the driver of one of the teams employed; Ross, the driver of the stage coach; Mason, attorney for Reynolds aud Wilson; Wasson, a relative of the wife of Smith; Montgomery, son-in-law of Walker; and Mr. Campbell, Sheriff of Lee county -- all started from Dixon southward in the direction of Nauvoo and Quincy. . Where were they going, and what were they going for? The officer had in his pocket two writs of habeas corpus, directing him to carry the persons therein named, one to Judge Young, at Quincy, the other to any authorized court in the Fifth Judicial Circuit, to hear and determine on habeas corpus. It is not too severe a judg- ment to say, that all five of those legal gentlemen well knew that the place where those writs were properly returnable, was Judge Young's court. Instead, they traveled directly to Nauvoo. The conclusion is irresistible, that when that second writ was obtained, the purpose was to carry them before that nondescript tribunal. We have, indeed, the testimony of one of the attorneys to that effect. Mr. Southwick says: "No threat or intimidation was used by any person whatever, to induce Mr. Campbell, the Sheriff of Lee county, to go to Nauvoo with Reynolds; and Mr. Campbell well knew before starting from Dixon, that it was the determina- tion of the whole company to go to Nauvoo, he particularly con- senting to the same. The stage was also chartered to go to Nauvoo. Smith stated before leaving Dixon, that he should sub- mit to the law, and appeared desirous to do so." ( !! )
"Smith pledged his word," continues Mr. Southwick's state- ment, "previous to his arrival in Nauvoo, that Reynolds should not be harmed;" and he was not. He and Wilson were even
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invited to dine with the prophet at his house, which they did, and were introduced to his family! "In the afternoon of the day of said arrival, a writ of habeas corpus (still another!) was issued by the Municipal Court of the city of Nauvoo, directed to Reynolds, requiring him to bring before said Court the body of said Smith; which he accordingly did, objecting, however, to the same, that said Court had no jurisdiction of the case. "
Of course he did; and the next sentence shows that there was still a lingering qualm of conscience on the part of counsel. Mr. Southwick continues: "The counsel of Smith, however, appeared to entertain a different opinion as to the jurisdiction of said Court, and the examination was had before them and Smith discharged upon the merits of the case, and upon the substantial defects in the warrant."
Let us here recall the clause in the city charter in relation to writs of habeas corpus. The following is the whole of it:
" The Municipal Court shall have power to grant writs of habeas corpus in all cases arising under the ordinances of the City Council."
When Smith was arrested it so happened that both Walker and Hoge were in the vicinity of Dixon canvassing the district. In addition to the two Dixon attorneys, Smith sent for and engaged Walker. This gentleman left his appointments, and, as we have seen, rode with the cavalcade to Nauvoo, and, it is said, there made a three-hours speech in favor of Smith's discharge by the Munici- pal Court, and contending for its jurisdiction. Gov. Ford, in his history, states that both he and Hoge, from the public stand in Nauvoo, afterwards declared their belief in the existence of the power claimed by the Court.
Being thus signally baffled, the Missouri agent applied to Gov. Ford for a military force to enable him to retake Smith; and Mr. Walker, as Smith's attorney, repaired to Springfield to resist the application. The Governor declined to grant Reynolds' request, and the matter was dropped.
Thus ended another move, and the last one, in the interesting game of " Demand and Discharge" which the chief executives of two great States had been for two or three years playing.
It is funny to note how differently the two interested parties tell the incidents of this arrest. If either be true, it was dramatic in the extreme.
The Times and Seasons of July 1, 1843, thus tells it:
While he (Smith) was there (at his wife's sister's residence, 12 miles from Dixon), a Mr. J. H. Reynolds, Sheriff of Jackson county, Mo. (so he says), and Mr. Harmon Wilson, of Carthage, arrived at Dixon, professing to be Mormon preachers ; from thence they proceeded to Mr. Wasson's, at whose house Mr. Smith was staying. They found Mr. Smith outside the door, and accosted him in a very uncouth, ungen- tlemanly manner, quite in keeping, however, with the common practice of Missou- rians. The following is as near the conversation as we can gather; Reynolds and his coadjutor, Wilson, both stepped up at a time to Mr. Smith, with their pistols cocked, and without showing any writ or serving any process, Mr. Reynolds, with
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his pistol cocked at Mr. Smith's breast, cried out "G-d d-n you, if you stir I'll shoot-G-d d-n you ! be still, or I'll shoot, by G-d."
" What is the meaning of this ?" interrogated Mr. Smith.
"I'll show you the meaning, by G-d; and if you stir one inch I'll shoot you, G-dd-n you."
"I am not afraid of your shooting," answered Mr. Smith. "I am not afraid to die." He then bared his breast and said, "Shoot away; I have endured so much of oppression I am weary of life, and kill me if you please. I am a strong man, however, and with my own natural weapons could soon level both of you; but if you have any legal process to serve, I am at all times subject to law, and shall not offer resistance."
"G-d d-n you, if you say another word, we'll shoot you, by G-d."
"Shoot away," answered Mr. S .; "I am not afraid of your pistols."
They then hurried him off to a carriage they had, and without serving any process were for hurrying him off without letting him see or bid farewell to his family or friends. Mr. Smith then said :
"Gentlemen, if you have any legal process, I wish to obtain a writ of habeas corpus," and was answered :
"G-d d-n you, you shan't have one."
Mr. Smith saw a friend of his passing, and said :
" These men are kidnapping me, and I want a writ of habeas corpus to deliver myself out of their hands."
This friend immediately proceeded to Dixon, whence the Sheriff also proceeded full speed.
The account goes on to say, that, arriving at Dixon, they put up at a hotel where Reynolds continued very abusive of Smith, and refused to let him see or converse with a lawyer, so much so that the bystanders interfered, when he relented, and did allow him to consult with two attorneys.
This story differs greatly from the one told by Wilson. We have heard it from his own lips; and knowing him as we did for many years previous to his death, can not but believe his statement to have been substantially true.
He stated that he and Reynolds drove in their carriage to the residence of Mr. Wasson, alighted and hitched their team, and stepping to the front door, inquired for Mr. Smith. The answer was very unsatisfactory, but that he was not there. They took seats, however, --- Reynolds in the doorway, and Wilson on the step outside,-and entered into conversation. While thus engaged, Wilson, who had a view of the stairway, saw Emma, the prophet's wife, hastily cross the hall at the head of the stairs. This con- vinced him that they were on the right track. The conversation continued a little longer, but Wilson was becoming excited and uneasy. Rising from his seat, he made a step or two to the corner of the house, and casting his eye along the side of the building, was astonished to see, off in an open field one or two hundred yards, the object of their search, running towards a piece of woods some distance away.
On the impulse of the moment, and without bidding good-bye to the household, or explaining to Reynolds, he gave a whoop, and started in pursuit, leaving his companion to bring up the rear. The pursuers, being lighter in weight and nimbler of foot, gained upon the pursued. So he resorted to strategy. He was nearing an old building, uninhabited, but at the side of which was a well,
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and near by a lot of clothes spread over some grass and weeds to dry. It was evident that Smith had been making for the forest beyond; but on arriving at the building, Wilson could nowhere see the fugitive. He certainly had not had time to reach the woods, nor could he be seen about the building. Giving a hurried glance at the surroundings, -- taking in the cabin, the weeds, the drying bed-clothes,-an idea struck him, and the next moment he saw a pair of boots partly protruding from beneath some bedding on the weeds,
By this time Reynolds was close at hand; but, in his excite- ment, and without waiting to see if there was a man in the boots, or who that man might be, Wilson sprang upon the blanket and called on Reynolds to come on. The man in the boots soon emerged from beneath, and stood before them as their prisoner, and in great trepidation assured them of his surrender. In due time he was placed in the carriage, and they started on their journey -- a journey ludicrous in its beginning, but disastrous to them in the end.
These are the two stories of the arrest-rather conflicting; we leave them with the reader.
EXCITEMENT AT NAUVOO.
While these things were transpiring up north, tremendous excite- ment existed at Nauvoo and over Hancock county. As soon as possible after the arrest, the news thereof had been sent to the city by swift messenger, and quick preparations were made for their prophet's rescue. But it was not known what route to Missouri would be taken by the officers with their prisoner. It was conject- ured that they might drive eastward, and take steamer at the nearest point on the Illinois river; or that they might aim to put him on board a St. Louis steamer at Rock Island; or that he might be taken in by-ways across the country. All these contingencies were provided for. The little steamer Ariel, owned and employed at Nauvoo, was armed, it was said, with a cannon or two, and manned, and despatched down the Mississippi to intercept them in or at the mouth of the Illinois river. At the same time squads of horsemen were sent out on the various roads toward Dixon. The delay, as we have seen, at that place, gave time for numbers of these horse- men to be a considerable distance on their way north before the party of prisoners and lawyers had left for Nauvoo; and during the journey it was met by many of them, who turned and escorted their chief back to the city.
These events occurred during the latter part of June and the first days of July; and it was some time before Mr. Walker was ready to resume his canvass. His conduct, as well as that of Mr. Hoge, was the occasion of much comment throughout the district, and many Whigs were highly indignant. It is believed that Smith had intended in good faith to throw the Mormon vote to Mr.
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Walker; but the dissatisfaction of the Whigs in part, and for the reason that Reynold's application to the Governor for a force to aid him in retaking Smith was still held in terrorem over him, he changed his policy. Ford himself states that a friend of his, in his absence and in his name, had pledged to a Mormon emissary, Back- . enstos, that if they would vote the Democratic ticket, the force should not be sent .- [p. 317.
The Governor's statement of what occurred at Nauvoo in regard to the matter so nearly accords with what we learned from other sources, that we give it in his own words:
A great meeting was called of several thousand Mormons, on Saturday before the election. Hyrum Smith, patriarch in the Mormon Church and brother to the prophet, appeared in this great assemby, and there solemnly announced to the people that God had revealed to him that the Mormons must support Mr. Hoge, the Democratic candidate. William Law, another great leader of the Mormons, next appeared, and denied that the Lord had made any such revelation. He stated that to his certain knowledge the prophet Joseph was in favor of Mr. Walker, and that the prophet was more likely to know the mind of the Lord on the subject than the patriarch. Hyrum Smith again repeated his revelation, with a greater tone of authority. But the people remained in doubt until the next day, being Sunday, when Joe himself appeared before the assembly. He there stated that "he himself " was in favor of Mr. Walker, and intended to vote for him ; that he would not influence any voter in giving his vote ; that he considered it a mean business for him or any other man to attempt to dictate to the people who they should support in elections; that he had heard his brother Hyrum had received a revelation from the Lord on the subject; that for his part he did not much believe in revelations on the subject of elections; but brother Hyrum was a man of truth; he had known brother Hyrum intimately ever since he was a boy, and he had never known him to tell a lie. If brother Hyrum said he had received such a revelation, he had no doubt it was a fact. When the Lord speaks, let all the earth be silent.
That settled it. The election occurred on the next day. It is believed the prophet did, with a few others, vote for Walker, in the face of the revelation; but the body of his followers voted for Hoge, giving him 2,088 votes to Walker's 733 in the county, and beating him in the district by 455 votes. This change of position at Nauvoo was not known in Adams county till after the election; so Mr. O. H. Browning, the Whig candidate in that district, received the Mormon vote there.
To Mr. Walker and his friends, and the Whig party generally, this result was the more aggravating from the fact that it was made quite evident that by a straightforward, honest and independent course, thus securing a full and enthusiastic Whig support, he could have been elected with the Mormon vote solid against him.
THE "EXPOSITOR " EXPOSED.
The conduct of politicians and political parties, during the cam- paign of 1843, gave a new impulse to the Anti-Mormon sentiment, and measures to prevent their recurrence began at once to be taken. The election fully developed the fact that, although two or three good men had been chosen to county offices-men not objec- tionable to the great body of the old citizens -- yet practically the
E.B. Brumback ST MARYS TP.
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whole county was at the feet of the prophet. Four of the officials elected were Mormons, and one of them, James Adams, was not even a citizen of the county. At the time of his election as Pro- bate Judge, he held the same office in Sangamon county; having joined the Church and being about to settle in Nauvoo, he was placed upon the ticket here and elected.
Mr. Adams died within a month after his election, when at a special election to fill the vacancy, David Greenleaf, an old settler Democrat was chosen in his place.
An effort to reorganize the Anti-Mormon party was decided on. Accordingly a public meeting was called at the county seat on the 7th of September, at which a central and other committees were appointed, and other steps taken toward a permanent organization. Among the resolutions passed was one-which we now think objectionable, and should have been omitted-requesting the Gov- ernor of Missouri to make another demand for Smith, and pledg- ing aid in the execution of the writ.
In the meantime difficulties were frequently occurring between the parties at various points in the county and at Nauvoo, which tended to keep alive the excitement. Numerons acts of tyranny were perpetrated by the prophet on citizens of the county, and even on his own followers; and heavy fines were inflicted at his instance, for no punishable offense, by the Municipal Court, or by himself as Mayor and presiding officer of the Court. If he commit- ted an offense against an individual, which rendered him liable, he had an easy way of escaping, which was to procure an arrest by some of his tools, have an ex parte hearing, and get discharged; then, if an officer called upon him, he was coolly informed that he was too late!
One of the most conspicuous of these outrages was perpetrated on Mr. Alexander Sympson, of Carthage, a well-known and prom- inent Anti-Mormon, about the beginning of 1844. This case so fully sets forth the man and his methods, that we give it in Mr. Sympson's own words:
To the Editor of the Warsaw Message :
DEAR SIR :- Through the columns of your journal I wish to make a full and fair statement of an occurrence with myself and the Mormon prophet at Nauvoo. I beg your indulgence while I give the particulars, as I wish it to go to the world in its true colors.
On the 17th day of last month, I was waited on by Mr. Roundy, of Nauvoo, at Mr. Davis' store, of that place, with a request to go immediately to see the prophet at his own house, as he had some important business with me. I asked him if he knew what was wanting. He said he did not. I went with him to see what the prophet wanted. On arriving there we were told that he had gone to his farm in the country. He then requested me to go 'and see a Mr. Phelps, who was his clerk ; he in all probability could tell what was wanting. On seeing Phelps, he could tell nothing about the business I was sent for. I went with him to the Steamboat Hotel, where I board ; got my dinner, and was returning to my business in Dr. R. D. Fos- ter's oflice, near the temple. On my way I was again met by this Mr. Roundy, who informed me that the prophet had left the business with a Col. Dunham to attend to, and that he was at the office waiting for me, and wished me to call and see him immediately. I again asked if he knew what was wanted. He assured me did not know. We went to the office; Dunham was not there; after waiting and looking
19
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for Dunham about one hour, I told him I could stay no longer. Said he, "Wait a few minutes longer ; I have sent for Dunham, and I see the man I sent running across the street ; he no doubt sees him, and will be here with him in a few min- utes." Accordingly I waited some 20 or 30 minutes; they did not appear, and I told him I must leave ; that he might tell Dunham he could find me in Dr. Foster's office any time that evening. I was in the act of leaving, when he said, "If you can not stay any longer, I must inform you that I must detain you on behalf of the people of the State of Illinois." I asked him why he did not tell me so at first, and not trifle with me in that way ; and "Where is your authority, and what am I detained for ?" He replied, that he had no precept-that he was a police officer- and by the ordinances of the city he could take me as well without as with a pre- cept ; and that I was accused of an attempt to murder and rob a Mr. Badham, who resides some five or six miles from the city, on the Carthage road, and that the prophet (Mayor) had told him that morning to arrest me. I asked who made the complaint. He said if he was at Esq. Johnson's office he could tell. We went to Esq. Johnson's office (it was now 3 o'clock P. M.) and asked for the papers. He, Johnson, showed me a blank affidavit and warrant, and said he got word to make out those papers this morning, and a Mr. Dunham had just left the office to find a man that would swear to it; and if he could not find him, he would return and swear to it himself. I remarked that "If Dunham could hire a man to swear to a d-d lie, he would do so; if not he would do it himself."
By this time there had several called to see the prisoner. I spoke freely about their proceedings, and the power usurped by the prophet, which did not relish so well. The prophet was brought to set matters right: He told me why he had me apprehended; that he had been told I was the man, and he thought it his duty as Mayor to have me tried ; and that they had a right to take a man without a writ in that city ; and said he: "Mr. Sympson, you know I am a man that keeps nothing back. Mr. Badham has seen you, and says that you are the identical man that stabbed and robbed him, and sent me word to have you apprehended; which I have done."
I was held in duress till seven o'clock, or a little after that time. Neither Dunham nor the man he went after had yet returned. The prophet, Smith, then made affi- davit that he really believed I was the man who stabbed and robbed Mr. Badhan, on or about the 10th of December last. The warrant was issued and served at half- past seven, P. M. We then went to trial. R. D. Foster, Esq., was called to assist Esq. Johnson. Mr. and Mrs. Badham were sworn in behalf of the State. Mr. Badham was examined first :
Question. Would you know the man, if you were to see him, that stabbed and robbed you? Answer. I would.
C. L. Higbee, Esq., pointed me out to him, and asked : Is that the man? Ans. No, nor nothing like him.
I then asked him if he had ever seen me before. He said he had no recollection of ever having seen me. I asked him if he had sent the prophet word that he had seen me, and that I was the man who had committed the act, and he wanted me apprehended. 1ns. I never did.
Mrs. Badham testified that I was not the man, and did not resemble him in the least.
His Holiness, the prophet, came next, and requested to tell his story without any questions being asked. After he got through, I remarked to the Court that I wanted to propound a few questions to the witness. Leave was granted.
Q. Have you the smallest particle of belief whatever, at this time, that I am the man who committed the act with which I am charged ? Ans. No, sir; I have not now, and I never had.
Q. Why did you swear it in your affidavit ? A. I did not.
I replied : "You did, sir." The affidavit was then read, and he too plainly saw that it did not agree with his evidence in the case. Said he, extending his hand towards Esq. Johnson, who had just read the affidavit, "Give me that paper." The Court hesitated. He asked for it again ; he said it was couched in stronger language than he had intended to swear to.
Mr. Higbee, my attorney, said he hoped the Court would not give it up; that it was part of the record, and that Smith had no right to it. Smith then said he had not sworn to it; that he had signed it, but the oath was not administered to him. (This is with him and his justice, Esquire Johnson. ) Smith went on to say that what
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he had done was to befriend me-that he knew I would be honorably acquitted, and that I would stand fairer than ever I did. (The Lord deliver me from such friends !) I was now discharged by the magistrates.
ALEXANDER SYMPSON.
Gen. Bennett's exposé mentioned several parties by name, as being disaffected toward the prophet. These, it is believed, never became heartily reconciled, though they refused to "come ont," when so strongly urged by the General. Some of these were Sid- ney Rigdon, Bishop Marks, Geo. W. Robinson, William and Wil- son Law, Dr. Robert D. and Charles A. Foster, and Francis M. and Chauncey L. Higbee; also a Sylvester Emmons, an attorney at law, who was a member of the City Council, but was said to have never been a member of the Church. None of these had ever been fully in the prophet's confidence since the secession of Bennett; and the breach was daily widening between them. The conduct of yonng Higbee, as we have seen in the case of Sympson, in daring to defend a man charged by the prophet with crime, was of itself enough to doom him to that person's displeasure. Dr. Foster had been elected School Commissioner by Mormon votes, probably as an inducement to keep him quiet.
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