One of them said: "We have been imposed upon; these men are guiltless."
Another said: "Let us go home, boys, for I will not fight any longer against these men."
During the day Hyrum vainly attempted to lead Joseph into a belief that his life would be saved. To his brethren Joseph said: "Could my brother Hyrum but be liberated it would not matter so much about me."
Then he said: "Poor Rigdon, I am glad he has gone to Pittsburg out of the way. Were he to preside he would lead the Church to destruction in less than five years."
At half-past two that afternoon Constable Bettisworth demanded the persons of the prisoners from the jailor upon an order signed by Justice Robert F. Smith. The jailor refused, as the prisoners had been committed to his charge to be held by him until released from his custody by due course of law. The justice then inquired of the governor what he should do, and Ford once more responded: "There are the Carthage Greys under your command, bring them out; we have plenty of troops."
Again taking the significant hint, the mob captain and justice used his willing rabble of soldiers to drag Joseph and Hyrum illegally away. He had them brought before him, Robert F. Smith, captain of the Carthage Greys, at the court house. The grave charge against them was treason and when they asked for time in which to get witnesses, they were vehemently opposed. Finally at five o'clock in the afternoon the court adjourned until noon of the next day to give the defendants opportunity to send to Nauvoo, twenty miles distant, and obtain their witnesses. Subsequently, without any notification to the prisoners or their counsel, the mob justice and captain postponed the trial until the 29th of June.
Patriarch John Smith, father of Apostle George A. Smith, came from Macedonia to see his nephews Joseph and Hyrum in jail. He narrowly escaped with his life from mobbers on the way. It was with difficulty that he secured admission to the prison. After remaining an hour he left the jail to carry a message to Almon W. Babbitt, requesting his assistance as attorney for the Prophet at the expected trial. Patriarch John Smith found Babbitt, but learned from him that he could not comply with Joseph's request.
That night in prison Hyrum read from the Book of Mormon concerning the sufferings and deliverance of the servants of God from the hands of their enemies. Joseph arose and bore a powerful testimony to the guards to the divinity of the book; he declared that the gospel had been restored and that the kingdom of God was again established on the earth for the sake of which he was then incarcerated in prison, and not because he had violated any law of God or man. They retired to rest very late. In the room with the Prophet and Patriarch were Apostles John Taylor and Willard Richards and Elders John S. Fullmer, Stephen Markham and Dan Jones.
In the night Joseph whispered to Dan Jones, "Are you afraid to die?"
Brother Jones answered: "Has that time come, think you! Engaged in such a cause I do not think that death would have many terrors."