USA > Illinois > Hancock County > History of Hancock County, Illinois, together with an outline history of the State, and a digest of State laws > Part 29
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In much that follows regarding the death of the Smiths, and the events leading thereto and subsequent, we condense from Ford's History, correcting his evident mistakes, and his many distortions of facts in order to make a case against the old citizens.
Upon the Governor's arrival at Carthage he found an armed force collected and collecting, while another was assembling at Warsaw. Gen. Deming had also called for the militia of McDonough and Schuyler counties. The Governor at once placed all the troops under orders and under command of their proper officers. He next summoned the Mayor and City Council of Nauvoo to present their side of the question, which they did, through a committee sent to him. After some considerable delay and indecision as to what course to pursue, "a force of ten men was sent with the constable to make the arrest and to guard the prisoners to head-
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quarters." The officer made the arrests of the Mayor and Council- ors, who signified their willingness to accompany him to Carthage at eight o'clock next morning. Eight o'clock came, but the aceused failed to appear, and the posse marched back to Carthage without them.
This incensed the Governor; he blamed the officer for coming without them, very unjustly. The officer knew better than His Excellency the ways of the accused. He knew if they had intend- ed submission, they would have presented themselves at the time; and that if they did not, an officer and ten men would find it an up- hill business to hunt out and bring away an equal number, from the midst of two or three thousand armed men.
Next the Governor demanded that the State arins in possession of the Legion should be delivered up; and they delivered three pieces of cannon and 220 stand of small arms, of 300 which had been distributed to it by Quarter-Master General Bennett.
The surrender of the chief's being insisted on, on the 24th the prophet, his brother Hyrum, some members of the City Council, and others, came in and surrendered to the officer holding the writs, and voluntarily entered into recognizances to appear at court.
In the mean time a new warrant charging Joseph and Hyrum with treason had been issued, and they were again arrested by the constable. The charge of treason was based on the alleged fact of levying war against the State, by declaring martial law, and order- ing out the legion to resist the execution of the laws. ILere historian Ford, in order to find fault with the Hancock people, gives us a new and novel definition of treason. He says:
Their actual guiltiness of the charge would depend upon circumstances. If their opponents had been seeking to put the law in force in good faith, and nothing more, then an array of military force in open resistance to the posse comitatus and the militia of the State, most probably would have amounted to treason. But if those opponents mainly intended to use the process of the law, the militia of the State, and the posse comitatus, as cat's-paws to compass the possession of their persons for the purpose of murdering them afterward, as the sequel demonstrated the fact to be, it might well be doubted whether they were guilty of treason .- [FORD's HIST. ILL., p. 337.
So that treason, instead of depending upon the acts and inten- tions of the person charged, is to be measured by thefacts and intentions of others. It is a principle of law that intention must be taken into account; but it comes strangely from the Governor of a State, that to constitute crime, the intentions of the people who are endeavoring to bring a criminal to justice, rather than his own, are to be considered. But by what process does Gov. Ford so summarily arrive at the intentions of those he styles the " oppo- nents" of the Mormon leaders ?
Neither party being prepared for the examination on the charge of treason, the Smiths were committed to the county jail for greater security.
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HISTORY OF HANCOCK COUNTY .
The Governor now decided to march his force into Nauvoo, but does not seem to have had any clearly defined purpose in so doing. The morning of the 27th was fixed on for the march, and on the 26th word was sent to the troops at Warsaw to meet him and the main body at Golden's Point, about seven miles from the city; but on the 27th he wavered in his intention of going with a force into the city, and called a council of officers to consult. A small majority voted in favor of going, but the Governor took the respons- ibility, and ordered the troops disbanded, excepting three compa- nies, two to remain at Carthage, and one to accompany himself and a few friends to Nauvoo. Word to this effect was sent to the Warsaw troops, who were already on the march; and they were met by the inessenger on the prairie before reaching Golden's Point. Here, much to their dissatisfaction, the officer disbanded them. After disbanding, many returned home, while a portion lingered, and finally straggled east toward Carthage. The two companies left to guard the jail were placed under command of Capt. Smith, of the Carthage Greys, his own company being one of them.
" Having ordered the guard, and left Gen. Deming in command in Carthage, and discharged the residne of the militia, I immedi- ately departed for Nauvoo, 18 miles distant, accompanied by Col. Buckmaster, Quartermaster-General, and Capt. Dunn's (Augusta) company of dragoons."-[p. 345.
It was claimed that one purpose had in view, in thus visiting the city, was " to search for counterfeit money." But on the way, he began to fear an attack on the jail; so he decided to omit the search, but hurry on to the city, make the Mormons a speech, and return to Carthage the same night. The baggage wagons were halted, with orders to return at night. He and his escort reached the city about four o'clock, called the people together, made them an address, in which he says he rated them pretty severely for their bad conduct, and ended by putting the vote whether they in future would obey the laws. They unanimously voted YES, when His Excellency and his retinue started for Carthage a little before sundown. A few miles out they were met by a messenger with the information that the two Smiths had been assailed in jail by a mob, and killed! The messenger who brought the news was ordered to return with them to Carthage, which he did; but by some means unknown to us the news reached the city during the night.
General consternation now pervaded the whole county. The troops had been disbanded, and most of them had left for their homes. Three companies only remained-the one with the Gov- ernor, and the two at Carthage-to confront the Legion, should it make a raid upon them. The Governor with his command hurried on to Carthage, only to find the place partially deserted; and all who had not gone were going as fast as they could find means of conveyance. Men with their families, in carts, in wagons, and on
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horseback or a-foot, were en route mostly toward Augusta and St. Mary's. The Hamilton Hotel, where the dead bodies and their wounded comrade had been taken, with perhaps a few other houses only, were not forsaken. Gen. Deming had left town in the afternoon, before the deed had been committed. The Governor, in great excitement, hurried into town, where he remained only long enongh to denounce the people for their folly, and rode on to Augusta.
At Warsaw the people were not long in hearing what had been done, and anticipating Mormon vengeance, hurried from their homes, mostly crossing the river to Alexandria. Picket guards were stationed about the town to watch the approach of an enemy.
At Nanvoo great consternation prevailed. The messenger had been turned back by the Governor; yet late in the night the news somehow reached the city. The people were appalled at the dis- aster which had befallen them. Most of the citizens had retired to sleep before the news was received, so that only a portion knew of the death of their leader till the morning.
On the morning of the 28th of June, 1844, the sun rose on as strange a scene as the broad Hancock prairies had ever witnessed. At the three corners of a triangle, 18 miles asunder, stood a smitten city and two almost deserted villages, with here and there a group of questioning men, anxious to hear the news of the night. To- ward the two villages the more courageous ones were returning to find their several abodes unsacked and untouched. The wet and heavy roads leading to the county seat from the, south and east were being again traversed by the refugees of the night, now returning, and wondering that they had homes to return to. All know that a great crime had been committed, by whom they knew not; and they knew not how, upon whom, where, or in what man- ner retribution might fall!
The murder of the Smiths, while he was at Nauvoo and in dan- ger, convinced our suspicions Governor that his own death had been contemplated by the murderers as a part of the programme. But for this suspicion he had not the shadow of evidence. He, however, very justly concluded that his authority was at an end. He had by his course failed to satisfy either party, and both regarded him with distrust. He accordingly hurried from the county, and brought up at Quincy, forty miles from the scene of the troubles. It was strongly suspected by the citizens that he had contemplated a rescue or an escape of the prisoners; and he was very angry with them for harboring such suspicion. But he acknowledges in his book that he had such a plan, which was " thwarted by this insane folly of the Anti-Mormons," [p. 339]. This fact was never fully known, until made public by himself. Its consummation could hardly have been effected without blood- shed and violence. And here we have the startling fact confessed, that the Executive of a State, whose duty it is to execute the laws, was contemplating the escape of great criminals, in order to avoid
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the responsibilities his duty devolved upon him, and as the easiest way of getting rid of troublesome men.
IIOW IT WAS DONE.
There can be little doubt that the killing of the Smiths was perpetrated by men who had been with or of the Warsaw troops. There was plenty of time during the day, however, for others to have joined them, and they may have done so. Those troops were composed partly of citizens of Warsaw and the country around it, with a few from Missouri and other places. They numbered some one or two hundred, and were under command of Colonel Levi Williams.
After being disbanded on the prairie, as we have seen, a portion of them left at once for their homes, while others went on toward Carthage. What course they took, or what became of them, until the afternoon when they were observed approaching the jail, is not known. From a lady who resided perhaps nearest the jail, and who saw them approach, we lately obtained the following: That they strung along in single file and quick step, from the direction of the woods northwest of the town, until they came to the fence sur- rounding the building. This they scaled at once, and seized the gnard. She was several hundred yards away, too far to recognize any of them, or to see positively whether they were masked or otherwise disfigured, though she thinks they were not. Her first impression was that they were Mormons, come to release the pris- oners; and that impression was shared by the other inhabitants of the town, as the alarm spread. She thinks there were not more than thirty to forty men in the gang, as they filed along. The guard was soon overpowered, and a rush was made for the stairway, ascending on the outside to the door of the jail, on the south end, the upper story being used for that purpose. The door was assailed and burst open. The prisoners inside, aware of the attack, were, however, behind it, well armed, endeavoring to prevent ingress. As the door would yield to the outside pressure, the Prophet fired several shots around the edge with his revolver. The mobbers fired a number of shots through the door, which killed Hyrum Smith, and wounded John Taylor severely. Seeing they were being over- powered, Richards, who was still unhurt, ran with Taylor wounded into the inner dungeon, while Joseph Smith hastened to a window on the east, raised the sash and leaned partly out, probably with a view of jumping, when he was shot by several balls from the out- side, and he fell to the ground near the well curb. It has been stated that after he fell, he was set up against the curb, and several times shot. This last, we are reliably informed, is not the fact, but that no shot was fired after he fell, and that he died from the two or three shots he received in the window. The story, we believe, is based on the statement of Daniels, who afterward issued a pamphlet giving a most miraculous account of the transaction.
Gov. Ford and others have stated that the plan had been devised
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and concerted between the mob and the Carthage Greys, and that the guard of ten men of that company who were stationed around the jail, were in the plot, and made only a feint at resistance. This we are compelled to believe is partly true. It is certain that a por- tion of the Greys knew that something was to be done; but others, the great body of them, knew nothing about it. We have lately conversed with some who protest that they were wholly ignorant of anything going on, until the firing was heard, and then, like the rest of the citizens, they apprehended a Mormon rescue.
Gov. Ford also charges that the mob selected that time-while he was in Nauvoo, and in the power of the Mormons-to do the bloody deed, in order to compass his own destruction at their hands in revenge. His own too excitable and suspicions nature origin- ated the thought. So far from it being the fact that they designed and contemplated the murder of the Governor, we believe they did not even contemplate the killing of the prisoners! This avowal will no doubt surprise many of our readers; for we well know that the Governor's statement has been so often reiterated that it has been generally received. But from all the inquiries we have made, and looking at the circumstances as they are known to have existed, that is our honest and fixed conclusion. Of the thirty or forty men who approached the jail that day with stealthy tread, we do not be- lieve there was one with murder in his heart. They are not excus- able, nevertheless. They were there for an unlawful and wrongful purpose; though we believe that purpose was not clearly defined in any one's mind.
Let ns look at the circumstances on which this opinion is based : There had been several demands made by Missouri for the delivery of Smith, in the near past, all of which had in some way been thwarted. Added to this, only a short time before, a public meet- ing at Warsaw and another one at Carthage had asked the Gover- nor of Missouri to make another demand, and pledging aid in sup- port of it. This purpose, we are convinced, and this only-to take the prisoners and run them into Missouri-was as far as any pur- pose went, until they reached the door of the jail. There they were met with resistance-with fight; a defense certainly to have been expected; and it ended in death. It has been stated that two or three of the mobbers were wounded and carried away. We know not whether this is so.
This "Book of Daniels," referred to above, was such a curiosity in itself, and contained so many wonderful statements, that we should be glad to copy it entire as a specimen of the literature and truthfulness of the times. It was put forth by one Wm. M. Dan- iels, a good-for-nothing youth, whom no one ever heard of before or since, who says that he was among the Warsaw troops, and at the jail when the deed was done, and that afterward he was warned in a dream that he must go and join the Saints, and publish his knowledge to the world, in order to further the ends of justice. He accordingly went to Nauvoo, and, with the assistance of a typo there,
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his book was ushered to the world. But we must content ourselves with a very short extract. He says that on the way to Carthage, after being disbanded, the Warsaw troops concocted the plan of killing the Smiths; that Sharp, and Grover, and Davis, and others, openly boasted of it along the road; that they sent a squad of men on ahead, to confer with the Carthage Greys; that a portion of the latter came out to meet them with a proposition, which was agreed upon; that the Greys stood and looked on while the killing was going on, etc., etc. He says, that after Joseph fell to the ground-
A fellow six feet tall and upward, holding a pewter flute in his hands, bare- headed and bare-footed, having on nothing but his pants and shirt, with his sleeves rolled above his elbows, and his pants rolled above his knees, picked him up instantly and set him up on the south side of the well curb, situated three or four feet from the building. As the ruffian sprang over the fence to Gen. Smith, and while he was in the act of picking him up, he said : "This is old Jo; I know him. I know you, old Jo. Damn you ! You are the man that had my daddy shot." The reason of his talking in this way, I suppose, was that he wished to pass himself to Gen. Smith as being the son of Gov. Boggs. * * * Four of the ruffians who stood in front of Col. Williams, about eight feet east of the curb, were ordered by Williams to fire.
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* They raised their muskets and the fire was simultaneous. * * After the breath had left his body, the person I have previously described, who had passed as the son of Gov. Boggs, caught up a bowie knife for the purpose of cutting off his head. The knife was raised ready to strike, when a light, so strange, so bright and sudden, flashed between him and the corpse, that he and the four men who had shot him were struck with terror and consternation. Their muskets fell from their hands, and they stood like marble, not having power to move a single limb. They were about to be left, when Col. Williams, who had also beheld and been terrified at the light, shouted out to the men, "For God's sake, come and carry away these men !" They were obliged to carry them away, as they were as helpless as though they were dead. This light was something like a flash of lightning, and was so much brighter than the day, that after it had passed, it left a slight darkness like a twilight.
Daniels further states that when it became known that he was going to be a witness against the accused, and the nature of his testimony became public, the sum of $2,500 was offered him to leave the State: this failing, efforts were made to put him out of the way by violence!
BEFORE INDICTMENT AND TRIAL.
During the summer and fall (1844), after the death of the lead- ers, great dissatisfaction and trouble existed at Nauvoo, growing mainly out of the struggle for the succession. Rigdon and his adherents were at work against Brigham Young and the rest of the Twelve. Many of the rank and file were becoming lukewarm, and were quietly leaving the city; at the same time numbers were retiring from the Mormon settlements in other parts of the county, some locating in the city, and others scattering to other counties, and in doing so were stealing liberally from the Gentiles.
To add to the excitement a Grand Military Encampment was called to be held at Warsaw on the 2d of October. This call was circulated in handbill, and was dated 27th Sept., signed by Col. Williams, Major Aldrich, and a number of officers of independent companies in the neighborhood of Warsaw.
We are assured that this movement actually intended nothing
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beyond what was expressed in the call, but it gave great uneasiness to the Mormons and their friends. They saw in it something more than a peaceful military display; and it soon became magni- fied into a great wolf hunt, in which the wolves hunted were to be Mormons in sheep's clothing. The excitement spread, and the Governor was appealed to for protection. His Excellency, ever ready to believe any thing prejudicial to the old citizens, in this case allowed himself to be imposed upon, and without proper inquiry, decided to send an expedition with troops into the county. A proclamation was accordingly issued, calling for volunteers (2,500 required), and after a delay of several days a force of about 450 men was marched into Hancock, the whole under command of Col. John J. Hardin, accompanied by the Governor himself. The two Quincy companies were sent directly to Nauvoo, by way of the river. People were reluctant to volunteer, believing that the Gov- ernor was engaged in an unnecessary and uncalled-for enterprise.
Some days previous to the call for troops, Murray McConnell, Esq., of Jacksonville, had been sent into the county, to Carthage and Nauvoo; and the result was that Messrs. Williams and Sharp of Warsaw, and the Laws and Fosters of Rock Island, with Joseph H. Jackson, were selected as examples for arrest, and writs for them were accordingly issued by Aaron Johnson, a Nauvoo Justice of the Peace. These writs, excepting as to Col. Williams, were served ; but all refused to go to Nauvoo for hearing, and no attempt was made to take them there.
After a delay of a day or two at Carthage, the Governor's army was marched to Nauvoo on the 27th, and encamped about a inile and a half below the city near the Mississippi. On the 28th the Nauvoo Legion was paraded for review. From Nauvoo the troops were ordered to Warsaw, where they arrived on the 29th, and encamped in the suburbs. As the troops approached the town, the men apprehending arrest, with some of their friends, quietly repaired across the river to Alexandria. Knowing this fact, Gov. Ford chartered a keel-boat at Montebello, and had it secretly dropped down to the vicinity of Warsaw; intending to use it that night in kidnapping the men from Missouri, and bringing them to the Illinois side. But during the afternoon Cols. Hardin and Baker visited the Missouri side, and had a conference with the accused. An agreement was entered into by which Williams and Sharp (Jackson being sick) agreed to give themselves up on con- dition that they be taken before Judge Thomas for examination, with some other conditions as to bail, etc. The writ was accord- ingly read to them, and afterwards, with Col. Baker, escorted by Quincy troops, they were shipped to Quincy in quest of the Judge. Here, after waiting two days, and no prosecuting witnesses appear- ing, they entered into voluntary recognizance to appear at next term of Court, and were set at liberty; thus leaving the whole mat- ter as it was previous to the Governor's expedition.
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HISTORY OF HANCOCK COUNTY.
All this occurred just previous to the October term of Court, at which the indictments were found.
Mention has been made of Joseph H. Jackson. Mr. J. was an adven- turer of fine appearance and gentlemanly manners, who appeared in the county during the troubles; went to Nauvoo and became quite intimate with the prophet and the leaders; afterwards turned against them, went to Warsaw and published a pamphlet claiming to be an exposure of Mormonism and the evil purposes and prac- tices of its chiefs. This pamphlet made many serious charges against Smith and his adherents-charges of murder and conspir- acy, of counterfeiting, debauchery, spiritual-wifery, etc .; and claimed that he had gone among them with the sole view of ingratiating himself and then exposing them. His exposé was of much the same character as that of General Bennett. As in the case of the latter, much of his statement was corroborated by cir- cumstances, and much lacked confirmation. The equivocal position in which he stood, it is proper to say, tended to lessen the confi- dence of the public in his statements, and his little book made but slight impression. The Mormons charged that he was an adven- turer of the worst class, and came there to practice his trade of counterfeiting, etc., and quarrelled with the prophet and the authorities because he was detected and exposed.
TRIALS AND ACQUITTALS.
At the October term, 1844, of the Hancock Circuit Court- present, Jesse B. Thomas, Judge; William Elliott, Prosecuting Attorney; Jacob B. Backenstos, Clerk, and Gen. Minor R. Dem- ing, Sheriff.
The following composed the Grand Jury:
Abram Lincoln,
Thomas Gilmore,
James Reynolds,
Benj. Warrington,
Thomas J. Graham,
Reuben H. Loomis,
Wm. M. Owens,
Samuel Scott,
Ebenezer Rand,
James Ward,
Thomas Brawner,
Samuel Ramsey,
Ralph Gorrell,
Thomas H. Owen,
Brant Agnert,
David Thompson,
Martin Yetter,
John J. Hickok.
William Smith,
Abram Golden, E. A. Bedell, and Geo. Walker, excused for cause. Samuel Marshall refused to serve, and fined $5.00.
The Court began its session on Monday, the 21st. There had been rumors indus- triously circulated that the old citizens intended to rally and interpose obstacles in the way of the Court, and considerable anxiety was felt. The Judge in his charge to the Grand Jury alluded to thisrumor, and said he was glad to see that no such demon- strations were being made. He charged them to do their duty in the cases likely to come before them, and leave the consequences. His charge gave general satis- faction.
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