The interest and curiosity concerning the Prophet grew more intense throughout the day, after the news of his presence became generally circulated. In the afternoon a team ran away, dashing past the state house. Someone raised the cry:
Joseph Smith, the Mormon Prophet, is running away!
So great was the excitement occasioned by this announcement that the House of Representatives adjourned on the instant, to give the members an opportunity to get into the street and participate in the supposed sensation.
The next morning was Sunday, the 1st day of January, 1843; when the speaker of the house visited the Prophet and tendered the hall of representatives for religious service. Joseph appointed Apostles Orson Hyde and John Taylor to preach to the people; and a large congregation gathered to hear the sermons and feast their eyes upon Joseph Smith.
On Monday, before going to court, Joseph prophesied in the presence of Judge Adams that, in the name of the Lord, he would not go to Missouri dead or alive.
A postponement was had of the case at the request of the attorney general of the state until the morning of Wednesday, January 4th. During the intervening two days the Prophet made many friends. He was invited to the houses of the most distinguished people, and received as much deferential attention as would have been accorded by faithful Catholics to a prince of the church of Rome.
At nine o'clock on the morning of the day set for the trial Judge Pope appeared upon the bench with ten ladies by his side, who had been attracted by the novelty of the case and the fame of the petitioner. This Judge Pope was the father of Major-General Pope who, in the War of the Rebellion, became so distinguished for his gallant services. An effort was made by Josiah Lamborn, attorney general of the state of Illinois, to have the proceedings dismissed, and the prisoner remanded to the custody of the Missouri officers on the ground that the court lacked jurisdiction. After the motion of Lamborn had been resolutely and eloquently resisted by Butterfield, the court decided that it had jurisdiction.
Mr. Butterfield then made a strong plea for the discharge of the defendant, and proceeded to recount the enormities of these attempts upon the Prophet's liberty. He said that Governor Reynolds had subscribed to a lie in making his demand for the Prophet, as appeared from the papers, and he averred that Governor Carlin would not have given up his dog on such a requisition. That an attempt should be made to deliver up a man who had not been out of the state during or since the commission of the offense, was a blow at the sacred liberty of the citizen and the strength of our institutions. After reminding the court that, if the Prophet's rights were wantonly trampled upon under color of law, the fate visited upon him might in turn fall upon others—even upon the judge—for the precedent would be followed; he concluded by saying:
I do not think that the defendant ought, under any circumstances, be given up to Missouri. It is a matter of history that he and his people have been murdered or driven from that state. If he goes there it is only to be assassinated, and he had better be sent to the gallows here. He is an innocent and unoffending man.
The opinion of Judge Pope in deciding the case was very lengthy and comprehensive. It announced the discharge of the Prophet, and completely annihilated the pretended grounds upon which the requisition was made from Missouri and the warrant and proclamation issued in Illinois. In conclusion his Honor said: