THE PROPHET ARRESTED ON MISSOURI'S OLD CHARGES.

IF it should be asked what class of men can do the State the most harm, or the church most mischief, the universal answer would be—traitors! So patent is the correctness of the statement, that we deem it unnecessary to inquire into the reasons that lead to the conclusion. What state has perished but by traitor's hands? What patriot suffered, but by a traitor's perfidy? And so, as we proceed, we shall see that it was principally through the schemes of traitors that Nauvoo's budding prospects were blighted, and her virtuous people driven into the wilderness.

It will be remembered that in a former chapter a letter written by John C. Bennett to Sidney Rigdon and Orson Pratt is reproduced, in which he stated that he was then en route for Missouri for the purpose of getting out an indictment against Joseph for treason against that State, said to have been committed during the troubles at Far West, in the fall of 1838. Whether Bennett went to Missouri or not I cannot say, but through his influence the old charge of treason was revived, and an indictment found at a special term of the circuit court for Daviess County, Missouri, on the fifth of June, 1843; and on the thirteenth of the same month Governor Reynolds issued a requisition on the governor of Illinois for Joseph Smith, and appointed Joseph H. Reynolds the agent of Missouri to receive the Prophet from the authorities of Illinois. Accordingly the warrant for the arrest was placed in the hands of Harmon T. Wilson by Governor Ford, of Illinois, and Wilson and Reynolds started to find the Prophet.

In the meantime Joseph's friends were not inactive. The day before Governor Ford issued the warrant for the apprehension of the Prophet, he incidentally mentioned to Judge James Adams that a requisition had been made by Missouri for the arrest of Joseph, and that he should issue it the next day; where-upon Judge Adams dispatched an express from Springfield to Nauvoo with this information. The express arrived in Nauvoo on the sixteenth of June; but three days before, Joseph with Emma had left Nauvoo to visit Emma's sister, a Mrs. Wasson, living near Dixon in Lee County, a little more than two hundred miles north of Nauvoo. On the arrival of the messenger from Judge Adams, Hyrum Smith at once dispatched Stephen Markham and William Clayton to Joseph with the information. They left Nauvoo about midnight of the eighteenth, and sixty-six hours later arrived at Wasson's, having ridden two hundred and twelve miles in that time, changing horses only once and that near the end of the journey. Shortly after the arrival of Clayton, a Mr. Southwick of Dixon rode out to Inlet Grove, where Mr. Wasson lived, to inform Joseph that a writ was out for him, and for his pains and interest the Prophet paid him twenty-five dollars, though he had already been informed by Clayton and Markham.

After the receipt of this information, however, Joseph concluded to remain where he was, for, if he started for home, he might meet the officers where he had no friends, and be run over into Missouri among his enemies.

Just how the officers Wilson and Reynolds came to know of the whereabouts of Joseph is not known. But at any rate they went directly to Dixon, nearly killing their horses by hard driving. At the village of Dixon they represented themselves as Mormon Elders, wanting to see the Prophet. They succeeded in hiring a man with a two-horse team to drive them out to Wasson's. On the way they passed William Clayton, who had been sent by Joseph to see if he could learn anything of the movements of the officers at Dixon. But as the sheriffs were disguised, Clayton did not recognize them.

The officers arrived at Wasson's and found Joseph walking down the path leading to the barn. They sprang upon him like wild beasts upon their prey, presenting their pistols, and Reynolds exclaimed—"G— d— you, sir, if you stir, I'll shoot!" and this with slight variations he kept repeating. Joseph asked them what was the meaning of all this, for they attempted to serve no process, and to their oft-repeated threats of violence, which they sought to make emphatic with blood-curdling oaths, the Prophet bared his breast and told them to shoot, if they desired to, for he had endured so much oppression that he was weary of life.

By this time Stephen Markham arrived on the scene, and immediately started to the Prophet's assistance, despite the threats of the officers to shoot him if he advanced another step. Nor did the brave man check his advance until Joseph cautioned him not to resist the officers of the law.

Reynolds and Wilson, with much rudeness and many unnecessary imprecations, hustled their prisoner into the wagon they had hired in Dixon, and were for starting off without giving the prisoner a chance to say one word to his friends, bid his wife or children good-by, or even get his hat and coat. But Markham, regardless of the threats of the officers to shoot him, seized the team by the bits and said there was no law requiring an officer to take a man to prison without his clothes, and held on until Emma could bring out Joseph's hat and coat.

All this time they had served no process on their prisoner, and had repeatedly thrust the muzzles of their pistols against his sides until he was badly bruised by the uncalled-for violence.

Joseph shouted to Markham as he was driven away, to go to Dixon and obtain a writ of habeas corpus, but as the horse Markham rode was jaded, and the officers ordered their driver to whip up, they kept up with him, and both parties went into the town together.

The sheriffs thrust their prisoner into a room in a tavern kept by Mr. McKennie, and ordered fresh horses to be ready in five minutes. Joseph told them he wanted to obtain counsel. "G— d— you, you shan't have counsel, one more word and G— d— you, I'll shoot you!" was the brutal answer. Just then, however, a man passed the window and to him Joseph shouted, "I am falsely imprisoned here, and I want a lawyer." Presently Lawyer Southwick, the gentleman who a few days before had rode out to Wasson's to inform the Prophet that a writ was out for him, came to the house, but only to have the door slammed in his face, and be denied admittance. Another lawyer, Shepherd G. Patrick, tried to gain admission to the prisoner but met with the same treatment as the first. But at last, through the influence of a Mr. Sanger and a Mr. Dixon, owner of the hotel building where the Prophet was detained a prisoner, Reynolds was given to understand that his prisoner must have a fair trial, and all the protection the laws afforded him. A writ of habeas corpus was sued out before Mr. Chamberlain, the master in chancery, who lived some six miles from Dixon, made returnable before Hon. John D. Caton, judge of the ninth judicial circuit at Ottawa.

Before starting for Ottawa, however, Joseph learned that Cyrus Walker, Esq., was in the vicinity on an electioneering tour, he being the Whig candidate for Congress from that district; and the Prophet attempted to secure his services in his defense, as he was the greatest criminal lawyer in that part of Illinois. Walker, however, refused to engage in his defense unless Joseph would agree to vote for him at the coming election, and the Prophet promised him his vote.

Writs were sued out before the justice of the peace against Reynolds and Wilson for making threats against the lives of Markham and Joseph; and another writ for a violation of the law in relation to writs of habeas corpus; and still another, this time from the circuit court of Lee County, for private injuries, false imprisonment, claiming $10,000 damages. Whether or not the sheriffs were released from the first writ, I cannot learn; but on the last writ they were held in $10,000 bonds, and as they could get no bondsmen this side of Missouri, they were taken in charge by the sheriff of Lee County, and were under the necessity of obtaining a writ of habeas corpus themselves. So that while Joseph was the prisoner of Reynolds and Wilson, pending the hearing on the writ of habeas corpus he had sued out, they were prisoners under the same circumstances, in charge of the sheriff of Lee County. And in this manner all started for Ottawa for a hearing on the several writs before Judge Caton.

The whole company left Dixon on the twenty-fourth of June, and the same day arrived at Pawpaw Grove, a distance of thirty-two miles. The arrival of the Prophet and party at Pawpaw Grove created no little excitement, and the next morning the people gathered into the largest room in the hotel, and insisted upon hearing the Prophet preach. To this Sheriff Reynolds objected and said to the people, "I wish you to understand this man (pointing to Joseph) is my prisoner, and I want you should disperse." At this an old gentleman by the name of David Town spoke up and said:

You damned infernal Puke,^[1] we'll learn you to come here and interrupt gentlemen! Sit down there, pointing to a very low chair, and sit still. Don't open your head till General Smith gets through talking. If you never learned manners in Missouri, we'll teach you that gentlemen are not to be imposed upon by a nigger-driver. You cannot kidnap men here. There's a committee in this grove that will sit on your case; and, sir, it is the highest tribunal in the United States, as from its decision there is no appeal.

Old Mr. Town was lame and carried with him a heavy, hickory walking stick with which he emphasized the significant parts of his speech by striking the end of it on the floor. It had the desired effect on Reynolds, who humbly took his seat, while the Prophet without an interruption addressed the company for about an hour and a half on the subject of marriage.

At this point it was learned that Judge Caton was absent in the State of New York, hence the party returned to Dixon, and the officers made returns on the respective writs of habeas corpus by endorsing thereon—"Judge absent." New writs, however, were sued out, and at Markham's request, the one in behalf of Joseph was made to read: "Returnable before the nearest tribunal in the Fifth judicial district authorized to hear and determine writs of habeas corpus"—and thereby hangs a tale, as the sequel will show.

Arrangements were made with a Mr. Lucien P. Sanger, who was in the stagecoach business, to take the respective prisoners to Quincy, a distance of two hundred and sixty miles, to obtain a hearing on the several writs before Judge Stephen A. Douglass.

En route for Quincy, Joseph convinced his lawyers and Sheriff Campbell, of Lee County, and others, that the municipal court of Nauvoo had the right to try cases under writs of habeas corpus, and since the writ that he had sued out and served on Reynolds of Missouri was made "returnable before the nearest tribunal in the Fifth judicial district authorized to hear and determine writs of habeas corpus," he insisted on being taken to Nauvoo for a hearing. He prevailed, too, and for that place the now large party directed its course.

1. A common nick-name for Missourians in those days.