[1]. Captain Dunn's company was composed chiefly of men from McDonough County, hence the remark.

CHAPTER XXXVIII.

THE MARTYRDOM.

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 Augustine Spencer. Hyrum was arrested on a similar charge, sworn out by Henry O. Norton. And thus the difficulties thickened.

Soon after the second arrest, Governor Ford presented himself at their rooms at the Hamilton house, 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 Brigadier-General Miner R. Deming passed down 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, had revolted and behaved in an uproarious 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 of the Carthage Greys 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,[[1]] but afterwards released them without punishment.

Shortly after this episode with the Carthage Greys, a number of the officers of other militia companies and other gentlemen curious to see the Prophet crowded into the hotel. Joseph took occasion to ask them if there was anything in his appearance to indicate that he was the desperate character his enemies represented him to be. To which they replied, "No, sir, your appearance would indicate the very contrary, General Smith; but we cannot see what is in your heart, neither can we tell what are your intentions." "Very true, gentlemen," quickly replied the Prophet, "you cannot see what is in my heart, and you are therefore unable to judge me or my intentions; but I can see what is in your hearts, and will tell you what I see. I can see that you thirst for blood, and nothing but my blood will satisfy you. It is not for crime of any description that I and my brethren are thus continually persecuted, and harassed by our enemies, but there are other motives, and some of them I have expressed, so far as relates to myself; and inasmuch as you and the people thirst for blood, I prophesy in the name of the Lord that you shall witness scenes of blood and sorrow to your entire satisfaction. Your souls shall be perfectly satiated with blood, and many of you who are now present shall have an opportunity to face the cannon's mouth from sources you think not of, and those people that desire this great evil upon me and my brethren shall be filled with sorrow because of the scenes of desolation and distress that await them. They shall seek for peace and shall not be able to find it. Gentlemen, you will find what I have told you will come true."[[2]]

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 be remembered perhaps that Governor Ford had told Joseph, in a communication referred to in the last chapter, 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.

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 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 all present 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 the paper read, "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 related to the prisoners appearing before Justice Smith was an infamous falsehood, "unless," as Lawyer Reid says, in the account he published of these proceedings—"unless 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 James W. Woods, who, at the time was associated with Mr. Reid as the Prophet's counsel, whom I met in the summer of 1880, in Iowa, and from whom at that time I received a detailed account of the proceedings.

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 hint was sufficient. What the justice had illegally begun, the same person as captain must with unlawful force consummate! Yet when this same governor was appealed to for protection against this unhallowed as well as unlawful proceeding, he expressed himself as being very sorry the circumstance had occurred, but he really could not interfere with the civic powers!