The Decision of Judge Douglas
Judge Douglas gave the following decision: 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. On the question whether or not evidence was admissible, he would not pass, but would take under advisement, but on the other point, the defendant must be dismissed. Once again the Prophet Joseph had been freed from the clutches of the inhuman officials of Missouri.
Notes
[1. ] Doc. and Cov. 101:76–89.
[2. ] Documentary History of the Church, vol. 3:332.
[3. ] The Saints’ petition to Congress is found on pages 24–38 of the Documentary History of the Church, vol. 4. The affidavits are also found in the same volume, pages 52–73. These should be carefully considered.
[4. ] For the reason why the Saints did not accept the advice of the committee and appeal to the Federal Courts, see article by Elder B. H. Roberts, in the introduction to the Documentary History of the Church, vol. 4, under the caption “The Appeal of the Church to the National Government for Redress of Wrongs Suffered in Missouri.”
[5. ] The day of retribution came, at least in part, during the Civil War. For this account see the introduction of Documentary History of the Church, vol. 3, under the caption “Retribution,” by B. H. Roberts.
Chapter 30
The Nauvoo Temple and Ordinances Therein— Important Events