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EARLY in the morning following their entrance into Carthage, Joseph, his brother Hyrum and the other members of the Nauvoo City Council, named in the warrant of arrest sworn out by the Higbees, voluntarily surrendered themselves to constable Bettisworth. Shortly afterwards the Prophet was again arrested by the same constable on a charge of treason against the State and people of Illinois, on the oath of one Augustine Spencer. Hyrum was arrested on a similar charge, sworn out by Henry O. Morton. And thus the difficulties thickened.

Soon after the second arrest, Governor Ford presented himself and requested Joseph to accompany him, as he desired to present him to the troops, to whom he had promised the night before a view of the prophet. The troops had been drawn up in two lines and Joseph and Hyrum linking arms with BrigadierGeneral Miner R. Deming passed between them, accompanied by their friends and a company of Carthage Greys. They were introduced as General Joseph and General Hyrum Smith. The Carthage Greys a few minutes before at the headquarters of General Deming, from which the party had started to be presented to the troops, had revolted and behaved in an uproarous manner, but were pacified by the Governor, and accompanied him, General Deming and the Prophet and his party to where the other troops were drawn up in line. Here they again revolted because the brothers Smith

were introduced to the troops from McDonough county as "Generals" Smith.

Some of the officers threw up their hats, drew their swords and said they would introduce themselves to "the d-ned Mormons in a different style." They were again pacified by the Governor who promised them "full" satisfaction.

But they continued to act in such an insubordinate manner that General Deming put them under arrest,*

*The manner of this incident about the revolt of the Carthage Greys is thus related in Gregg's History of Hancock County:-"It seems that after the McDonough regiment had been disbanded, and were about to return home, they expressed a desire to see the prisoners (Joseph and Hyrum). The wish was reasonable, and as the easiest mode of gratifying it, they were drawn up in line, and General Deming with the two prisoners, one on each arm, and the Greys as an escort, passed along the line of troops, Deming introducing them as General Joseph Smith and General Hyrum Smith, of the Nauvoo Legion. The Greys not aware that this was done at the request of the McDonough men, and not satisfied to be made an escort to such a display, exhibited signs of dissatisfaction, and finally gave vent to their feelings by hisses and groans. As a punishment for this offense they were afterward ordered under arrest. In the meantime there was great excitement in the company. As a detachment of the troops was being detailed for the purpose of putting the General's order into execution the officer in command of the Greys addressed them a few words and then said: "Boys will you submit to an arrest for so trifling an offense?" "No!" was the unanimous response. "Then load your pieces with ball," was the sullen order. In the meantime some explanations had been made, which permitted General Deming to countermand the

but they were afterwards released without punishment.

The members of the Nauvoo City Council under arrest for riot, in destroying the Expositor press, were taken before R. F. Smith, justice of the peace and also captain of the Carthage Greys. It will perhaps be remembered that Governor Ford had told Joseph, in a communication referred to in our last number, that nothing but his appearing before Justice Morrison, who issued the writ against him would vindicate the majesty of the law, but now the prisoners were at Carthage where Justice Morrison lived, and could have appeared before him, and were willing to do so, they were taken before another justice. There can be no reason given for this change of proceedure except it be the fact that Captain R. F. Smith was more bitter in his prejudices against the Mormons than Justice Morrison.

In order to avoid increasing the excitement, the prisoners admitted there was sufficient cause to be bound over to appear at the next term of the circuit court for Hancock County. The bonds amounted to seven thousand five hundred dollars.

Justice Smith dismissed his court without taking any action on the charge of treason under which the brothers Smith were still held; but about eight o'clock the same evening, Constable Bettisworth appeared at their lodgings at the Hamilton House and insisted on their going to jail. The Prophet demanded to see the copy of the mittimus which was at first

This

order of arrest, and the Greys were quietly marched back to their encampment." account says nothing of the fact that it was generally known, that the night before, Governor Ford had promised all the troops a view of Generals Smith, and the Greys had been in revolt at General Deming's headquarters before the party including Joseph and Hyrum reached the McDouough troops. Moreover, I was informed by Colonel H. G. Ferris, when in Carthage two years ago, that when word arrived in that place that Joseph Smith would surrender himself to the authorities, if the governor would pledge him protection and a fair trial, the governor made a speech to the mixed multitude

denied; but upon his counsel-Messrs. Woods & Reid-informing the constable that the accused were entitled to a hearing before a justice, before they could be sent to jail, to the surprise of everybody he produced a mittimus, issued by Justice R. F. Smith. It stated that Joseph and Hyrum Smith were under arrest charged with treason; "and have been," so read the paper, "brought before me, a justice of the peace in and for said county, for trial at the seat of justice hereof, which trial has been necessarily postponed, by reason of the absence of material witnesses." Now, this mittimus, so far as it relates to the prisoners appearing before Justice Smith is concerned, is an infamous falsehood, "unless," as Lawyer Reid, in the account he published of these proceedings, says: "the prisoners could have appeared before the justice without being present in person or by counsel." The same representation of the case was made to me by Lawyer Woods who, at the time, was associated with Mr. Reid as the Prophet's counsel, and whom I met several years ago in Iowa.

Joseph and his counsel and his friends protested most vigorously against this unlawful proceeding, but to no avail. R. F. Smith finding his mittimus unlawful, appealed to the governor as to what he should do; to which the governor answered: "You have the Carthage Greys at your command." That was sufficient. What the justice had illegally begun, the same person as captain must with unlawful force consummate. Yet

of troops and citizens in which he stated the proposition of the Smiths, and wanted to know if they would sustain him in pledging them protection, to which they responded in the affirmative. There was some talk, too, of sending the Greys as a posse to escort the Smiths into Nauvoo. Against this proceeding General Deming protested and told Governor Ford that the pledge of protection made by the crowd and the troops was not to be depended upon, it was insincere, and that the lives of the Smiths was not to be trusted to the Greys. The Governor however disregarded the warning of General Deming. Colonel Ferris was present at this meeting.-B. H. R.

when this same governor was appealed to by the other party for protection against this unhallowed as well as unlawful proceeding, he was indeed sorry the thing had occurred, but he could not interfere with the civic powers.

Elder John Taylor went to the governor and reminded him of his pledges of protection. He expressed his dissatisfaction at the course taken, and told him that if they were to be subject to mob rule, and to be dragged contrary to law into prison, at the instance of every scoundrel whose oath could be bought for a dram of whisky, his protection availed very little, and they had miscalculated his promises.

In the meantime a drunken rabble had collected in the street in front of the Hamilton House and Captain Dunn with some, twenty men came to guard the prisoners to jail. The Prophet's friends stood by him in these trying times and followed him through the excited crowd in the direction of the jail. Stephen Markham walked on one side of the Prophet and his brother Hyrum and Dan Jones on the other and with their walking sticks kept back the rabble, which several times broke through the guard, while Elder Taylor, Willard Richards, and John S. Fullmer walked behind them.

The jail was reached in safety and the prisoners given in charge of Mr. George W. Stigall, who first put them into the criminal's cell, but afterwards gave them the more comfortable quarters known as the debtors' apartment. The prisoners and their friends stretched out on the floor of the old jail-and so passed the night of the twenty-fifth.

Governor Ford represents in his History of Illinois, that these men were placed in jail to protect them from the rabble, but says not a word about the protests of the prisoners against being thrust into jail, or the illegal means employed in putting them there.

In the forenoon of the twenty-sixth, a lengthy interview took place between Governor Ford and Joseph in which the whole cause of the trouble was reviewed, the causes leading up to the

destruction of the Expositor press, calling out the Legion on which the charge of treason was based, and all other things connected with the difficulties. Governor Ford condemned the action of the city council, but the course pursued by that body was ably defended by Joseph, and showed that even if they had been wrong in following the course they had taken, it was a matter for the courts to decide and not a thing for mobs to settle. In conclusion the Prophet told the Governor that he considered himself unsafe in Carthage, as the town was swarming with men who had openly sworn to take his life. He understood the Governor contemplated going to Nauvoo, accompanied by the militia, to investigate certain charges. about counterfeiting the United States currency, and if possible secure the dies and other implements used in manufacturing it, and Joseph demanded his freedom that he might go with him. The governor promised him that he should go. The false mittimus on which Joseph and Hyrum Smith were thrust into prison, ordered the jailor to keep them in custody, "there to remain until discharged by due course of law." But on the afternoon of the twenty-sixth, Frank Worrell appeared before the jail in command of the Carthage Greys and demanded that the prisoners be delivered up to the constable to be taken before Justice R. F. Smith for trial. Against this proceeding the jailor protested, as the prisoners were placed in his keeping until "discharged by due course of law," and not at the demand of a constable or military despot. But by threats resulting in intimidation, Worrell compelled the jailor against his conviction of duty to surrender the prisoners to him.

Meantime a mob had gathered at the door of the jail and seeing that things had assumed a threatening aspect, the Prophet stepped into the crowd, locked arms with one of the worst mobocrats, and with his brother Hyrum on the other arm, and followed by his faithful friends, proceeded to the court house. He had been unlawfully thrust into jail and as illegally and against his wishes

dragged out of it and exposed to his enemies.

The counsel for the brothers Smith asked for a continuance until the next day as they were without witnesses, not having been notified when they would come to trial. A continuance was granted until noon the next day. A new mittimus was made, out and the prisoners committed again to jail-their old quarters. But after the prisoners were again lodged in jail, and without consulting either them or their counsel, Justice R. F. Smith changed the time of trial from noon on the twenty-seventh until the twenty-ninth.

This change was made in consequence of a decision reached by Governor Ford and his military council to march all his troops into Nauvoo, except a company of fifty that would be detailed to guard the jail. So Mr. R. F. Smith acting, it will be remembered, in the double capacity of a justice of the peace and captain of the Carthage Greys, as a justice altered the date of the return of the subpoenas and excused the court until the twenty-ninth, that as a captain he might attend the military train entering Nauvoo in triumph.

The evening of the twenty-sixth was spent very pleasantly by the prisoners and their friends. John Taylor, Willard Richards, John S. Fullmer, Stephen Markham and Dan Jones. Hyrum occupied the principal part of the time in reading accounts from the Book of Mormon of the deliverance of God's servants from prison, and in commenting upon them, with a view, doubtless, of cheering his brother Joseph, since the Prophet had expressed himself as having a presentiment of uneasiness as to his safety, that he had never before experienced when in the hands of his enemies.

Late at night all retired to rest except Willard Richards, who by the flickering flame of a tallow candle continued his work of writing out some important documents. Joseph and Hyrum occupied the only bedstead in the room, and their friends lay side by side on matresses spread out on the floor. Some time after midnight a single gun was

fired near the prison. Elder Richards started in his chair, and Joseph rose from the bed where he had been lying, and stretched himself out on the floor between Fullmer and Jones.

"Lay your head on my arm for a pillow Brother John," said the Prophet to Fullmer as he kindly placed his arm under that person's head. Soon all became quiet, except that in a low tone Fullmer and the Prophet continued to talk of presentiments the latter had received of

approaching death. "I would like to see my family again," said he, "and I would to God that I could preach to the Saints in Nauvoo once more." Fullmer tried to cheer him by saying he thought he would have that privilege many times.

Again all was silent, and everybody apparently asleep. But Joseph turned to Dan Jones and was heard to say: "Are you afraid to die?" To which the one addressed said: "Has that time come think you? Engaged in such a cause I do not think death would have many terrors." And then the Prophet said: "You will yet see Wales"-his native land-"and fill the mission appointed you, before you die." So passed away the night preceeding the day, which saw enacted that tragedy, which robbed earth of two of the noblest men that ever lived upon it.

As the gory morning light struggled through the windows of Carthage jail, the prisoners and their friends awoke, and the Prophet required Dan Jones to go down stairs and enquire of the guard about the gun that was fired in the night, what the meaning of it was, etc.

Jones went accordingly, and found Frank Worrell in command of the guard, and the answer he received to his inquiry was this: "We have had too much trouble to get old Joe here to let him ever escape alive, and unless you want to die with him, you had better leave before sun down; and you are not a d-n bit better than him for taking his part; and you'll see that I can prophecy better than old Joe, for neither he nor his brother, nor anyone who will remain with them, will see the sun set to-day."