draw about the acts of the city council, and what difference it could have made in point of fact, law, or justice between the city councils acting together or separate, or how much more legal it would have been for the Municipal Court, who were a part of the city council, to act separate instead of with the councilors, yet, if it is deemed that we did a wrong in destroying that press, we refuse not to pay for it; we are desirous to fulfill the law in every particular, and are responsible for our acts. You say that the parties ought to have had a hearing. Had it been a civil suit, this, of course, would have been proper; but there was a flagrant violation of every principle of right—a nuisance; and it was abated on the same principle that any nuisance, stench, or putrefied carcass would have been removed. Our first step, therefore, was to stop the foul, noisome, filthy sheet, and then the next in our opinion would have been to have prosecuted the man for a breach of public decency. And furthermore, again let me say, Governor Ford, I shall look to you for our protection. I believe you are talking of going to Nauvoo; if you go, sir, I wish to go along. I refuse not to answer any law, but I do not consider myself safe here."
Governor. "I am in hopes that you will be acquitted, and if I go I will certainly take you along. I do not, however, apprehend danger. I think you are perfectly safe either here or any where else. I can not, however, interfere with the law. I am placed in peculiar circumstances, and seem to be blamed by all parties."
Joseph Smith. "Governor Ford, I ask nothing but what is legal; I have a right to expect protection, at least from you; for, independent of law, you have pledged your faith and that of the state for my protection, and I wish to go to Nauvoo."
Governor. "And you shall have protection, General Smith. I did not make this promise without consulting my officers, who all pledged their honor to its fulfillment. I do not know that I shall go to-morrow to Nauvoo, but if I do I will take you along."
At a quarter past ten o'clock the governor left.
At about half past twelve o'clock, Mr. Reed, one of Joseph's counsel, came in, apparently much elated; he stated that, "upon an examination of the law, he found that the magistrate had transcended his jurisdiction, and that, having committed them without an examination, his jurisdiction ended; that he had him upon a pinhook; that he ought to have examined them before he committed them, and that, having violated the law in this particular, he had no farther power over them; for, once committed, they were out of his jurisdiction, as the power of the magistrate extended no farther than their committal, and that now they could not be brought out except at the regular session of the Circuit Court, or by a writ of habeas corpus; but that if Justice Smith would consent to go to Nauvoo for trial, he would compromise matters with him, and overlook this matter."
Mr. Reed farther stated that "the 'anti-Mormons,' or mob, had concocted a scheme to get out a writ from Missouri, with a demand upon Governor Ford for the arrest of Joseph Smith and his conveyance to Missouri, and that a man by the name of Wilson had returned from Missouri the night before the burning of the press for this purpose."
At half past two o'clock Constable Bettesworth came to the jail with a man named Simpson, professing to have some order, but he would not send up his name, and the guard would not let him pass. Dr. Bernhisel and Brother Wasson went to inform the governor and council of this. At about twenty minutes to three Dr. Bernhisel returned, and stated that he thought the governor was doing all he could. At about ten minutes to three Hyrum Kimball appeared with news from Nauvoo.
Soon after Constable Bettesworth came with an order from Esquire Smith to convey the prisoners to the court-house for trial. He was informed that the process was illegal, that they had been placed there contrary to law, and that they refused to come unless by legal process. I was informed that Justice Smith (who was also Captain of the Carthage Grays) went to the governor and informed him of the matter, and that the governor replied, "You have your forces, and of course can use them." The constable certainly did return, accompanied by a guard of armed men, and by force, and under protest, hurried the prisoners to the court.
About four o'clock the case was called by Captain Robert F. Smith, J.P. The counsel of the prisoners called for subpoenas to bring witnesses. At twenty-five minutes past four he took a copy of the order to bring the prisoners from jail to trial, and afterward he took names of witnesses.
Counsel present for the state: Higbee, Skinner, Sharpe, Emmons, and Morrison. Twenty-five minutes to five the writ was returned as served, June 25th.
