Justin Butterfield, in a letter from Springfield of the same date, advised the Prophet to accept the suggestion of Governor Ford. He said the judges of the supreme court were unanimous in the opinion that he would be entitled to a discharge under a habeas corpus writ. Therefore he advised President Smith to go to Springfield without delay, for he had the right to bring the case before the United States court, which was then in session. “I will stand by you,” he said, “and see you safely delivered from your arrest.”
Another letter was received from Judge James Adams, who greatly loved the Prophet. He said:
“My Son: It is useless for me to detail facts that the bearer can tell. But I will say that it appears to my judgment that you had best make no delay in coming before the court at this place for a discharge under a habeas corpus.”
Joseph Smith Surrenders for Trial
Acting on this advice, President Smith prepared to go to Springfield. December 26, he was arrested by General Wilson Law on the proclamation of Governor Carlin. The next day in the custody of Wilson Law and a number of his closest friends, he commenced his journey. On the way they obtained a writ of habeas corpus from the master in chancery at Carthage. On the 30th, he arrived at the home of Judge James Adams, in Springfield. The next day, to save delay, and possible legal complications, Governor Ford was petitioned for another writ that the case might be tried thereon and it was issued. At half-past eleven President Smith went before Judge Pope, where Mr. Butterfield presented all the papers in the case and asked for habeas corpus, because the accusation was false, which was granted. The Prophet was then placed under bail in the sum of four thousand dollars. Judge Adams and Wilson Law went bail for him, and his case was set for Monday morning, January 2, 1843.
The Trial
A postponement of the trial was taken until the following Wednesday. When the case came before the court, the attorney general, Josiah Lamborn, moved to dismiss the proceedings, objecting to the jurisdiction of the court. He was overruled and the trial proceeded. On the 5th day of January, 1843, Judge Pope rendered a lengthy decision, [1 ] discharging the Prophet on the grounds that he was entitled to his discharge for defect in the affidavit on which the demand for his surrender to Missouri was made. “To authorize the arrest in this case,” the opinion said, “the affidavit should have stated distinctly—1st, that Smith had committed a crime; 2nd, that he committed it in Missouri. It must appear that he fled from Missouri to authorize the governor of Missouri to demand him, as none other than the governor of the state from which he fled can make the demand. He could not have fled from justice unless he committed a crime, which does not appear. It must appear that the crime was committed in Missouri, to warrant the governor of Illinois in ordering him to be sent to Missouri for trial.”
On these grounds an order was entered discharging the prisoner from arrest. Once again Missouri, persecutor of saints and prophets, was defeated; but her thirst for their blood was not satisfied.
Bennett’s Letter to Sidney Rigdon and Orson Pratt
January 10, 1843, John C. Bennett sent a communication from Springfield to Sidney Rigdon, and addressed to Rigdon and Orson Pratt, in which he states that he was leaving for Missouri to confer with the messenger charged with the arrest of Joseph Smith, Hyrum Smith, Lyman Wight, and others, who would be demanded in a few days on the old charge of “murder, burglary, treason, etc.” This was on the new indictments found by the grand jury and based on the original evidence. He said: “We shall try Smith on the Boggs case, when we get him into Missouri. The war goes bravely on; and although Smith thinks he is now safe, the enemy is near, even at the door.” Moreover, he stated that they had the assurance that the governor of Illinois would acknowledge the new demand. “There is but one opinion on the case,” he wrote, “and that is, nothing can save Joe on a new requisition and demand predicated on the old charges on the institution of new writs. He must go to Missouri; but he shall not be harmed if he is not guilty; but he is a murderer, and must suffer the penalty of the law.” A postscript requested that Sidney Rigdon hand the letter to Orson Pratt. After reading it, Sidney Rigdon did as he was requested, but Orson Pratt immediately took the letter to President Joseph Smith and informed him that he was not in league with such a character as Bennett. Bennett wrote to these men knowing that at the time they were both lukewarm towards the work, and that Orson Pratt, for disobedience, had been handled for his fellowship. Following this episode, Orson Pratt was received back in the fellowship of the Church. For some time previous to this incident, Sidney Rigdon had failed to magnify his calling and had gone contrary to counsel. When confronted with the letter from Bennett he denied having had any correspondence with him.