Court said this writ was served yesterday, (which was not the case, unless it could be served without the prisoners or their counsel knowing it).
Examination Postponed.
On motion of counsel for the prisoners, examination was postponed till tomorrow at 12 o'clock noon, and subpoenas were granted to get witnesses from Nauvoo, twenty miles distance, whereupon the prisoners were remanded to prison with the following mittimus:—
Second Mittimus Remanding Smith Brothers to Prison.
STATE OF ILLINOIS,
HANCOCK COUNTY. ss
To the keeper of the jail of Hancock County, Illinois, greeting:
Whereas Joseph Smith and Hyrum Smith have been arrested and brought before me, Robert F. Smith, a justice of the peace in and for said county, for examination on the charge of treason against the State of Illinois, and have applied for a continuance, which is granted until the 27th June, 1844, at 12 o'clock, m.
These are therefore to command you to receive the said Joseph Smith and Hyrum Smith into your custody in the jail of the county, there to remain until they are brought before me for said examination according to law.
Given under my hand and seal this 26th day of June, 1844.
R. F. SMITH, J. P. [L. S.]
5:30.—Returned to jail, and Joseph and Hyrum were thrust into close confinement.
Brave Patriarch John Smith.
Patriarch John Smith came from Macedonia to jail to see his nephews Joseph and Hyrum. The road was thronged with mobbers. Three of them snapped their guns at him, and he was threatened by many others who recognized him. The guard at the jail refused him admittance.
Joseph saw him through the prison window, and said to the guard, "Let the old gentleman come in, he is my uncle." The guard replied they did not care who the hell he was uncle to, he should not go in.
Pathetic Interview Between the Prophet and "Uncle John."
Joseph replied, "You will not hinder so old and infirm a man as he is from coming in," and then said, "Come in uncle;" on which, after searching him closely the guard let him pass into the jail, where he remained about an hour. He asked Joseph if he thought he should again get out of the hands of his enemies, when he replied, "My brother Hyrum thinks I shall. I wish you would tell the brethren in Macedonia that they can see by this, that it has not been safe for me to visit them; and tell Almon W. Babbitt I want him to come and assist me as an attorney at my expected trial tomorrow before Captain R. F. Smith."