The Rise and Fall of Nauvoo

by B. H. Roberts

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.