About 6:30 p.m.—Dan Jones heard Wilson Law, whilst endeavoring to get another warrant against Joseph Smith for treason, declare that while he (Mr. Smith) was once preaching from Daniel 2nd chapter, 44th verse, said that the kingdom referred to was already set up, and that he was the king over it. He also heard Joseph H. Jackson, and other leaders of the mob, declare that they had eighteen accusations against Joseph and as one failed, they would try another to detain him there, and that they had had so much trouble and hazard, and worked so hard in getting him to Carthage, that they would not let him get out of it alive. Jackson pointed to his pistols and said, "The balls are in there that will decide his case." Jones immediately went up stairs to Joseph and informed him what he had heard Jackson say.
About 7:30 p.m.—Dr. Levi Richards and most of the brethren, after they had signed the bonds, left for Nauvoo when Joseph and Hyrum went into the Governor's room and spoke with him, as Governor Ford had promised them an interview. After a few moments' conversation, the Governor left them to order the captain of the guard to give the brethren some passes. They then went to supper.
Illegal Imprisonment of the Smith Brothers.
8 p.m.—Constable Bettisworth appeared at the lodgings of Joseph and Hyrum, and insisted that they should go to jail. Joseph demanded a copy of the mittimus, which was refused. Messrs. Woods and Reid, as counsel, insisted that the prisoners were entitled to be brought before a justice of the peace for examination before they could be sent to jail. The constable, to their surprise, then exhibited the following mittimus:
The False Mittimus.
STATE OF ILLINOIS,
HANCOCK COUNTY, ss.
The people of the State of Illinois to the keeper of the jail of said County, Greeting:
Whereas Joseph Smith and Hyrum Smith, of the county aforesaid, have been arrested upon oath of Augustine Spencer and Henry O. Norton, for the crime of treason, and have been brought before me as a justice of the peace in and for the said county, for trial at the seat of justice thereof, which trial has been necessarily postponed by reason of the absence of the material witnesses—to wit, Francis M. Higbee and others. Therefore, I command you, in the name of the people, to receive the said Joseph Smith and Hyrum Smith into your custody in the jail of the county aforesaid, there so remain until discharged by due course of law.
[Seal]
Given under my hand and seal this 25th day of June, A. D. 1843.
(Signed)
R. F. SMITH J. P.
Joseph remonstrated against such bare-faced, illegal, and tyrannical proceedings, but the constable still insisted that they should go to jail. Lawyer Woods requested the officer to wait until he could see Governor Ford, and was told by Bettisworth that he could only wait five minutes.
Governor Ford Refuses to Interfere with Illegal Proceedings.
Joseph and Hyrum again remonstrated, and the constable waited until about nine o'clock, when they heard by Mr. Wood that the Governor did not think it within the sphere of his duty to interfere, as they were in the hands of the civil law, and therefore he had not the power to stay process, of the due course of law, and that he could not interrupt a civil officer in the discharge of his duty.
Governor Ford knew this [proceeding] was illegal, (for he had formerly been an associate-justice of the Supreme Court of the state) and when he was appealed to by Captain Robert F. Smith to know what he must do, as he had found his mittimus as a magistrate was illegal, and therefore that it was a false committal, Governor Ford replied, "You have the Carthage Greys at your command." Captain Smith therefore commanded his "Greys" to execute and carry into effect his illegal mittimus as a magistrate, thus practically blending the civil and military in the same person at the same time; and the prisoners were violently and illegally dragged to jail without any examination whatever, while his Excellency was in the adjoining room from that from which they were thus taken. So much for his professions that the law must be executed.
Thus a justice of the peace acting as a military officer also by virtue of his commission as such, orders his command to appear under arms and to incarcerate the prisoners whom he had just before ordered to commit to jail by mittimus without having them brought before him for examination; and the Governor, having been himself at one time a judge upon the bench, knew and well understood the illegality of the above proceedings.