Some had even been told that if they engaged on the side of the defense, they need never look to the citizens of that county for any political favors. But they were not to be overawed by the popular clamor or deterred from an act of public duty by any insinuations or threats whatever, and stated, that if they had not before determined to take a part in the defense, they, after hearing the threats of the community, were now fully determined to discharge their duty. The counsel for the defense spoke well without exception; and strongly urged the legality of the court examining the testimony to prove that the whole proceedings on the part of Missouri, were base and illegal, and that the indictment was obtained through fraud, bribery and corruption.
The court, after hearing the counsel, adjourned about half past six p. m.
When I was at dinner, a man rushed in and said, "Which is Jo Smith? I have got a five dollar Kirtland bill, and I'll be damned if he don't take it back I'll sue him, for his name is to it." I replied, "I am the man;" took the bill and paid him the specie, which he took very reluctantly, being anxious to kick up a fuss.
Judge Douglas.
The crowd in the court was so intense that Judge Douglas ordered the sheriff of Warren county to keep the spectators back, but he neglected doing so when the judge fined him ten dollars. In a few minutes he again ordered the sheriff to keep the men back from crowding the prisoner and witnesses. He replied, "I have told a constable to do it," when the judge immediately said, "Clerk, add ten dollars more to that fine." The sheriff, finding neglect rather expensive, then attended to his duty.
A young lawyer from Missouri volunteered to plead against me; he tried his utmost to convict me, but was so high with liquor, and chewed so much tobacco, that he often called for cold water. Before he had spoken many minutes, he turned sick, requested to be excused by the court and went out of the court house, puking all the way down stairs. As the Illinoians call the Missouri people "pukes," this circumstance caused considerable amusement to the members of the bar. During his plea, his language was so outrageous that the judge was twice under the necessity of ordering him to be silent.
Mr. O. H. Browning then commenced his plea, and in a short time the puking lawyer returned, and requested the privilege of finishing his plea, which was allowed.
Afterwards Mr. Browning resumed his pleadings which were powerful; and when he gave a recitation of what he himself had seen at Quincy, and on the banks of the Mississippi river' when the Saints were "exterminated from Missouri," where he tracked the persecuted women and children by their bloody footmarks in the snow, they were so affecting that the spectators were often dissolved in tears. Judge Douglas himself and most of the officers also wept.
Elder Amasa Lyman during the evening, preached a brilliant discourse in the Court House, on the first principles of the Gospel, which changed the feelings of the people very materially.
A Letter from the Editor[[1]] of the "Times and Seasons" to that Journal Giving an Account of the Trial at Monmouth.
American Hotel, Monmouth, Warren County, Illinois,
June 9, 1841. Wednesday Evening.
We have just returned from the Court House, where we have listened to one of the most eloquent speeches ever uttered by mortal man, in favor of justice and liberty, by O. H. Browning, Esq., who has done himself immortal honor in the sight of all patriotic citizens who listened to the same. He occupied the attention of the court for more than two hours, and showed the falsity of the arguments of the opposite counsel, and laid down principles in a lucid and able manner which ought to guide the court in admitting testimony for the defendant, Joseph Smith. We have heard Browning on former occasions, when he has frequently delighted his audience by his eloquence; but on this occasion he exceeded our most sanguine expectations. The sentiments he advanced were just, generous and exalted; he soared above the petty quibbles which the opposite counsel urged, and triumphantly, in a manner and eloquence peculiar to himself, avowed himself the friend of humanity, and boldly, nobly and independently stood up for the rights of those who had waded through seas of oppression and floods of injustice, and had sought a shelter in the State of Illinois. It was an effort worthy of a high-minded and honorable gentleman, such as we ever considered him to be, since we have had the pleasure of his acquaintance. Soon after we came out of Missouri, he sympathized with us in our afflictions, and we are indeed rejoiced to know that he yet maintains the same principles of benevolence. His was not an effort of a lawyer anxious to earn his fee, but the pure and patriotic feelings of Christian benevolence, and a sense of justice and of right. While he was answering the monstrous and ridiculous arguments urged by the opposing counsel, that Joseph Smith might go to Missouri and have his trial; he stated the circumstances of our being driven from that State, and feelingly and emphatically pointed out the impossibility of our obtaining justice there. There we were forbidden to enter in consequence of the order of the Executive, and that injustice and cruelties of the most barbarous and atrocious character had been practiced upon us, until the streams of Missouri had run with blood, and that he had seen women and children, barefoot and houseless crossing the Mississippi to seek refuge from ruthless mobs. He concluded his remarks by saying that to tell us to go to Missouri for a trial was adding insult to injury; and then he said: "Great God! have I not seen it? Yes, my eyes have beheld the blood-stained traces of innocent women and children, in the drear winter, who had traveled hundreds of miles barefoot, through frost and snow, to seek a refuge from their savage pursuers. 'Twas a scene of horror sufficient to enlist sympathy from an adamantine heart. And shall this unfortunate man, whom their fury has seen proper to select for sacrifice, be driven into such a savage land and none dare to enlist in the cause of Justice? If there was no other voice under heaven ever to be heard in this cause, gladly would I stand alone, and proudly spend my latest breath in defense of an oppressed American citizen."