So affecting was Browning's address that many of the officers and spectators of the court wept for the woes of the Prophet and his persecuted people.
The case was then adjourned until the next morning. In the meantime, Elder Amasa M. Lyman preached a sermon to which a large congregation listened attentively. His address was marked by such power and spirit that a total revulsion in sentiment took place; and when the court next day decreed the discharge of the prisoner, the populace could no longer be incited by jealous priests into a demonstration against Joseph.
The opinion of Judge Douglas in releasing the Prophet was recorded as follows:
That the writ being once returned to the Executive by the sheriff of Hancock County was dead, and stood in the same relationship as any other writ which might issue from the circuit court; and consequently, the defendant could not be held in custody on that writ. The other point, whether evidence in the case was admissible or not, he would not at that time decide, as it involved great and important considerations relative to the future conduct of the different states. There being no precedent, as far as they have access to authorities, to guide them; but he would endeavor to examine the subject, and avail himself of all the authorities which could be obtained on the subject before he would decide that point. But on the other, the defendant must be liberated.
About 2 p.m. on Thursday, June 10th, the Prophet and his company started upon their return to Nauvoo where they arrived at 4 p.m. on the 11th, and were greeted by the joyous acclamations of the Saints.
Some of the so-called religious publications made this trial a pretext for all manner of false and senseless utterances against Joseph and the people. Their purpose was very apparent. The ministers who preached for hire and divined for money feared to see their craft in danger; the growth of the Saints was too rapid; the influence of Joseph was too great. It did not matter to these enemies of the work that the Saints were law-abiding and industrious, and that the Prophet exercised no unrighteous authority, but labored in love and charity among his brethren and all people. They were determined to spread their lies abroad that a feeling of hatred might be incited against Joseph and the people of Nauvoo; and they were successful, for prejudice continued to enlarge its circle from that time. All these evil reports were colored by statements of the Missouri officials who, to screen themselves gave out the ex parte testimony of mobocrats as being truthful statements of the Missouri persecutions. A few papers had the courage and truth to examine carefully before committing themselves; and were led to protest against the unhallowed warfare waged by the blood-thirsty mob against Joseph and his law-abiding and order-loving brethren in Nauvoo. Among articles of this character was one which appeared in the Juliet Courier, written to the editor of that journal by a spectator of the trial at Monmouth, from which the following is an excerpt:
Before this reaches you, I have no doubt you will have heard of the trial of Joseph Smith, familiarly known as the Mormon Prophet. As some misrepresentations have already gone aboard in relation to Judge Douglas's decision, and the merits of the question decided by the judge, permit me to say, the only question decided, though many were debated, was the validity of the executive writ which had once been sent out, I think in Sept., 1840, and a return on it that Mr. Smith could not be found. The same writ was issued in June, 1841. There can really be no great difficulty about this matter, under this state of facts.
The judge acquitted himself handsomely, and silenced clamors that had been raised against the defendant.
Since the trial I have been at Nauvoo, on the Mississippi, in Hancock County, Illinois, and have seen the manner in which things are conducted among the Mormons. In the first place, I cannot help noticing the plain hospitality of the Prophet Smith to all strangers visiting the town, aided as he is in making the stranger comfortable by his excellent wife, a woman of superior ability. The people of the town appear to be honest and industrious, engaged in their usual avocations of building up a town and making all things around them comfortable. On Sunday I attended one of their meetings, in front of the temple now building and one of the largest buildings in the state. There could not have been less than 2,500 people present, and as well appearing as any number that could be found in this or any state. Mr. Smith preached in the morning, and one could have readily learned, then, the magic by which he has built up this society, because, as we say in Illinois, "they believe in him," and in his honesty. It has been a matter of astonishment to me, after seeing the Prophet, as he is a called, Elder Rigdon and many other gentlemanly men anyone may see at Nauvoo who will visit there, why it is that so many professing Christianity, and so many professing to reverence the sacred principles of our constitution (which gives free religious toleration to all), have slandered and persecuted this sect of Christians.
In the month of July, 1841, the Apostles began to return to Nauvoo from their missions to Europe, and their coming was a great comfort to the Prophet in his hour of affliction. At a special conference which was held at Nauvoo on the 16th of August, 1841, shortly after the return of the Twelve, Joseph stated to the people there assembled that the time had come when the Apostles must stand in their places next to the First Presidency. They had been faithful and had borne the burden and heat of the day, giving the gospel triumph in the nations of the earth, and it was right that they should now remain at home and perform duty in Zion. At the same conference the Twelve selected a number of Elders to go on missions, and Joseph stated to the congregation that it was desirable to build up the cities in Hancock County, Illinois, and Lee County, Iowa.
In addition to the woes wrought by his enemies upon the Prophet he had cause to mourn in August. His infant child Don Carlos died, bringing great distress upon the household. Also his youngest brother, Don Carlos Smith departed this life on the seventh day of August, 1841. This was a great blow to the Prophet and the family. Don Carlos was but twenty-five years of age at the time of his death. He was a young man of considerable promise, and had been very active and zealous in the work from the commencement. He was one of the first to receive the testimony of Joseph respecting the gospel. The evening after the plates of the Book of Mormon were shown to the eight witnesses, a meeting was held at which all the witnesses bore testimony of the truth of the latter-day dispensation. Don Carlos was present at this meeting, and also bore the same testimony. He was ordained to the Priesthood when only fourteen years old, and at that age accompanied his father on a mission to his grandfather and relatives in St. Lawrence County, New York. While on this mission he was the means of convincing a Baptist minister of the truth of the work of God. After this he took several missions, and was very active in the ministry at home, being one of the twenty-four Elders who laid the corner stones of the Kirtland temple. Before he was quite twenty years old he was ordained President of the High Priests' Quorum, in which capacity he acted until the time of his death. He and his counselors laid the southwest corner stone of the temple at Nauvoo. He was a printer, having learned the business in the office of Oliver Cowdery at Kirtland, and when the Elders' Journal was published there he took charge of the establishment. After the Saints removed to Nauvoo, he commenced making preparations for the publishing of the Times and Seasons. To get the paper issued at an early date he was under the necessity of cleaning out a cellar, through which a spring was constantly flowing, that being the only place where he could put up the press. He caught cold at this labor, and this, with administering to the sick, impaired his health, which he never fully recovered again. At the time of his death he was Brigadier-General of the first cohort of the Nauvoo Legion, and a member of the city council of Nauvoo.
Like Joseph and his other brothers, he was a splendidly formed man physically, being six feet, four inches high, very straight and well made, and strong and active. He was much beloved by all who knew him; for he was wise beyond his years, and he appeared to have a great future before him.