While the persecutions were progressing against us in Missouri, the enemy of all righteousness was no less busy with the Saints in England, according to the length of time the Gospel had been preached in that kingdom. Temptation followed temptation, and being young in the cause, the Saints suffered themselves to be buffeted by their adversary. From the time that Elder Willard Richards was called to the apostleship, in July, 1838, the devil seemed to take a great dislike to him, and strove to stir up the minds of many against him. Elder Richards was afflicted with sickness, and several times was brought to the borders of the grave, and many were tempted to believe that he was under transgression, or he would not be thus afflicted. Some were tried and tempted because Elder Richards took to himself a wife; they thought he should have given himself wholly to the ministry, and followed Paul's advice to the letter. Some were tried because his wife wore a veil, and others because she carried a muff to keep herself warm when she walked out in cold weather; and even the President of the Church [Joseph Fielding] there, thought "she had better done without it;" she had nothing ever purchased by the Church; and to gratify their feelings, wore the poorest clothes she had, and they were too good, so hard was it to buffet the storm of feeling that arose from such foolish causes. Sister Richards was very sick for some time, and some were dissatisfied because her husband did not neglect her entirely and go out preaching; and others, that she did not go to meeting when she was not able to go so far.
Charges of Elder Halsal Against Elder Willard Richards.
From such little things arose a spirit of jealousy, tattling, evil speaking, surmising, covetousness, and rebellion, until the Church but too generally harbored more or less of those unpleasant feelings: and this evening [March 9th] Elder Halsal came out openly in council against Elder Richards, and preferred some heavy charges, none of which he was able to substantiate. Most of the Elders in Preston were against Elder Richards for a season, except James Whitehead, who proved himself true in the hour of trial.
The Cause of Elder Richards' Troubles.
Sunday, 10.—When Elder Richards made proclamation from the pulpit, that if anyone had aught against him, or his wife Jennetta, he wished they would come to him and state their grievances, and if he had erred in anything, he would acknowledge his fault, one only of the brethren came to him, and that to acknowledge his own fault to Elder Richards in harboring unpleasant feelings without a cause.
Sister Richards bore all these trials and persecutions with patience. Elder Richards knew the cause of these unpleasantries, his call [to the apostolate] having been made known to him by revelation; but he told no one of it. The work continued to spread in Manchester and vicinity, among the Staffordshire potteries, and other places in England.
Friday, 15.—I made the following petition:
The Petition of the Prophet et al. to Judge Tompkins et al.
To the honorable Judge Tompkins, or either of the Judges of the Supreme Court of the State of Missouri:
Your petitioners, Alanson Ripley, Heber C. Kimball, Joseph B. Noble, William Huntington, and Joseph Smith, Jun., beg leave respectfully to represent to your honor, that Joseph Smith, Jun., is now unlawfully confined and restrained of his liberty in Liberty jail, Clay county, Missouri; that he has been restrained of his liberty nearly five months. Your petitioners claim that the whole transaction which has been the cause of his confinement, is unlawful from the first to the last. He was taken from his house by a fraud being practiced upon him by a man of the name of George M. Hinkle, and one or two others; thereby your petitioners respectfully show, that he was forced, contrary to his wishes, and without knowing the cause, into the camp, which was commanded by General Lucas of Jackson county, and thence sent to Ray county, sleeping on the ground, and suffering many insults and injuries and deprivations, which were calculated in their nature to break down the spirit and constitution of the most robust and hardy of mankind.
He was put in chains immediately on his being landed at Richmond, and there underwent a long and tedious ex parte examination.
Your petitioners show that the said Joseph Smith, Jun., was deprived of the privileges of being examined before the court as the law directs; that the witnesses on the part of the state were taken by force of arms, threatened with extermination or immediate death, and were brought without subpoena or warrant, under the awful and glaring anticipation of being exterminated if they did not swear something against him to please the mob or his persecutors; and those witnesses were compelled to swear at the muzzle of the gun, and some of them have acknowledged since, which your petitioners do testify, and are able to prove, that they did swear falsely, and that they did it in order to save their lives.
And your petitioners testify that all the testimony that had any tendency or bearing of criminality against said Joseph Smith, Jun., is false. We are personally acquainted with the circumstances, and being with him most of the time, and being present at the time spoken of by them, therefore we know that their testimony was false; and if he could have had a fair trial, and impartial, and lawful examination before the court, and could have been allowed the privilege of introducing his witnesses, he could have disproved everything that was against him; but the court suffered them to be intimidated, some of them in the presence of the court, and they were driven also and hunted, and some of them driven entirely out of the state.
And thus he was not able to have a fair trial; that the spirit of the court was tyrannical and overbearing, and the whole transaction of his treatment during the examination was calculated to convince your petitioners that it was a religious persecution, proscribing him in the liberty of conscience which is guaranteed to him by the Constitution of the United States, and the state of Missouri; that a long catalogue of garbled testimony was permitted by the court, purporting to be the religious sentiment of the said Joseph Smith, Jun., which testimony was false, and your petitioners know that it was false, and can prove that it was false; because the witnesses testified that those sentiments were promulgated on certain days, and in the presence of large congregations; and your petitioners can prove, by those congregations, that the said Joseph Smith, Jun., did not promulgate such ridiculous and absurd sentiments for his religion as were testified of and admitted before the Honorable Austin A. King; and at the same time those things had no bearing on the offenses that the said Joseph Smith, Jun., was charged with; and after the examination the said prisoner was committed to the jail for treason against the state of Missouri; whereas the said Joseph Smith, Jun., did not levy war against the state of Missouri; neither did he commit any overt acts; neither did he aid or abet an enemy against the state of Missouri during the time he is charged with having done so.
And further, your petitioners have yet to learn that the state has an enemy; neither is the proof evident, nor the presumption great, in its most malignant form, upon the testimony on the part of the state, exparte as it is in its nature, that the said prisoner has committed the slightest degree of treason, or any other act of transgression against the laws of the state of Missouri; and yet said prisoner has been committed to Liberty jail, Clay County, Missouri, for treason. He has continually offered bail to any amount that could be required, notwithstanding your petitioners allege that he ought to have been acquitted.
Your petitioners also allege, that the commitment was an illegal commitment, for the law requires that a copy of the testimony should be put in the hands of the jailer, which was not done.
Your petitioners allege, that the prisoner has been denied the privilege of the law in a writ of habeas corpus, by the judge of this county. Whether they have prejudged the case of the prisoner, or whether they are not willing to administer law and justice to the prisoner, or that they are intimidated by the high office of Judge King, who only acted in the case of the prisoner as a committing magistrate, a conservator of the peace, or by the threats of a lawless mob, your petitioners are not able to say; but it is a fact that they do not come forward boldly and administer the law to the relief of the prisoner.
And further, your petitioners allege that immediately after the prisoner was taken, his family were frightened and driven out of their house, and that too, by the witnesses on the part of the state, and plundered of their goods; that the prisoner was robbed of a very fine horse, saddle and bridle, and other property of considerable amount; that they (the witnesses) in connection with the mob, have finally succeeded, by vile threatening and foul abuse, in driving the family of the prisoner out of the state, with little or no means; and without a protector, and their very subsistence depends upon the liberty of the prisoner. And your petitioners allege, that he is not guilty of any crime, whereby he should be restrained of his liberty, from a personal knowledge, having been with him, and being personally acquainted with the whole of the difficulties between the "Mormons" and their persecutors; and that he has never acted at any time, only in his own defense, and that too on his own ground, property and possessions. That the prisoner has never commanded any military company, nor held any military authority, neither any other office, real or pretended in the state of Missouri, except that of a religious instructor; that he never has borne arms in the military rank; and in all such cases has acted as a private character and as an individual.
How, then, your petitioners would ask, can it be possible that the prisoner has committed treason? The prisoner has had nothing to do in Daviess county, only on his own business as an individual.
The testimony of Dr. Avard concerning a council held at James Sloan's was false. Your petitioners do solemnly declare, that there was no such council; that your petitioners were with the prisoner, and there was no such vote or conversation as Dr. Avard swore to. That Dr. Avard also swore falsely concerning a constitution, as he said was introduced among the Danites; that the prisoner had nothing to do with burning in Daviess county; that the prisoner made public proclamation against such things; that the prisoner did oppose Dr. Avard and George M. Hinkle against vile measures with the mob, but was threatened by them if he did not let them alone. That the prisoner did not have anything to do with what is called Bogart's battle, for he knew nothing of it until it was over; that he was at home, in the bosom of his own family, during the time of that whole transaction.
And, in fine, your petitioners allege, that he is held in confinement without cause, and under an unlawful and tyrannical oppression, and that his health, and constitution, and life depend on being liberated from his confinement.
Your petitioners aver that they can disprove every item of testimony that has any tendency of criminality against the prisoner; for they know the facts themselves, and can bring many others also to prove the same.
Therefore your petitioners pray your honor to grant to him the state's writ of habeas corpus, directed to the jailer of Clay county, Missouri, commanding him forthwith to bring before you the body of the prisoner, so that his case may be heard before your honor, and the situation of the prisoner be considered and adjusted according to law and justice, as it shall be presented before your honor, and, as in duty bound, your petitioners will ever pray.
And further, your petitioners testify that the said Joseph Smith, Jun., did make a public proclamation in Far West, in favor of the militia of the state of Missouri, and of its laws and also of the Constitution of the United States; and that he has ever been a warm friend to his country, and did use all his influence for peace; that he is a peaceable and quiet citizen, and is not worthy of death, of stripes, bond, or imprisonment.
The above mentioned speech was delivered on the day before the surrender of Far West,
Alanson Ripley,
Heber C. Kimball,
William Huntington,
Joseph B. Noble,
Joseph Smith, Jun.
State Of Missouri, ss.
County Of Clay.
This day personally appeared before me, Abraham Shafer, a justice of the peace within and for the aforesaid county, Alanson Ripley, Heber C. Kimball, William Huntington, Joseph B. Noble and Joseph Smith, Jun., who being duly sworn, do depose and say that the matters and things set forth in the foregoing petition, upon their own knowledge, are true in substance and in fact; and so far as set forth upon the information of others, they believe to be true.
Alanson Ripley,
Heber C. Kimball,
William Huntington,
Joseph B. Noble,
Joseph Smith, Jun.
Sworn and subscribed to before me, this 15th day of March, 1839.
Abrham Shafer, J. P.
We, the undersigned, being many of us personally acquainted with the said Joseph Smith, Jun., and the circumstances connected with his imprisonment, do concur in the petition and testimony of the above-named individuals, as most of the transactions therein mentioned we know from personal knowledge to be correctly set forth; and from information of others, believe the remainder to be true.
Amasa Lyman,
H. G. Sherwood,
James Newberry,
Cyrus Daniels,
Erastus Snow,
Elias Smith.
The same day Caleb Baldwin, Lyman Wight, Alexander McRae, and Hyrum Smith, my fellow prisoners, made each a similar petition.