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Introduction to State of Illinois v. Williams et al. and State of Illinois v. Elliott–C Complaint, 22 September 1844 [State of Illinois v. Williams et al.] Warrant, 22 September 1844 [State of Illinois v. Williams et al.] Proclamation, 27 September 1844 [State of Illinois v. Williams et al.] Proclamation, 27 September 1844, as Published in Nauvoo Neighbor [State of Illinois v. Williams et al.] Agreement, 30 September 1844 [State of Illinois v. Williams et al.] Agreement, 30 September 1844, Copy [State of Illinois v. Williams et al.] Agreement, 2 October 1844 [State of Illinois v. Williams et al.] Agreement, 2 October 1844, Copy [State of Illinois v. Williams et al.] Agreement, 2 October 1844, as Published in Warsaw Signal [State of Illinois v. Williams et al.] Recognizance, 2 October 1844 [State of Illinois v. Williams et al.] Praecipe, 9 October 1844 [State of Illinois v. Williams et al.] Praecipe, 25 October 1844 [State of Illinois v. Williams et al.] Indictment, 26 October 1844 [State of Illinois v. Williams et al.] Indictment, 26 October 1844, Copy [State of Illinois v. Williams et al.] Docket Entry, Indictment, 26 October 1844 [State of Illinois v. Williams et al.] Praecipe, 26 October 1844 [State of Illinois v. Williams et al.] Docket Entry, Capias, 26 October 1844 [State of Illinois v. Williams et al.] Docket Entry, Discharge from Recognizance, 26 October 1844 [State of Illinois v. Williams et al.] Docket Entry, Recognizance, 26 October 1844 [State of Illinois v. Williams et al.] Memorandum of Testimony, circa 27 October 1844 [State of Illinois v. Williams et al.] Memorandum of Testimony, circa 27 October 1844, Copy [State of Illinois v. Williams et al.] Order, circa 19 November 1844 [State of Illinois v. Williams et al.] Warrant, 20 November 1844 [State of Illinois v. Williams et al.] Warrant, 20 November 1844, as Published in Reports [State of Illinois v. Williams et al.] Subpoena, 14 December 1844–A [State of Illinois v. Williams et al.] Subpoena, 14 December 1844–B [State of Illinois v. Williams et al.] Subpoena, 14 December 1844–C [State of Illinois v. Williams et al.] Subpoena, 14 December 1844–D [State of Illinois v. Williams et al.] Attachment, 14 December 1844 [State of Illinois v. Williams et al.] Bond, 20 March 1845 [State of Illinois v. Williams et al.] Subpoena, 8 May 1845 [State of Illinois v. Williams et al.] Bond, 17 May 1845 [State of Illinois v. Williams et al.] Praecipe, circa 18 May 1845 [State of Illinois v. Williams et al.] Subpoena, 19 May 1845 [State of Illinois v. Williams et al.] Docket Entry, Recognizance, 19 May 1845 [State of Illinois v. Williams et al.] Subpoena, 20 May 1845 [State of Illinois v. Williams et al.] Affidavit, 20–21 May 1845 [State of Illinois v. Williams et al.] Affidavit, 21 May 1845 [State of Illinois v. Williams et al.] Docket Entry, Motion, 21 May 1845 [State of Illinois v. Williams et al.] Docket Entry, Affidavits and Motions, 21 May 1845 [State of Illinois v. Williams et al.] Subpoena, 21 May 1845–A [State of Illinois v. Williams et al.] Subpoena, 21 May 1845–B [State of Illinois v. Williams et al.] Account of Trial, 21–28 May 1845, Shorthand [State of Illinois v. Williams et al.] Account of Trial, 21–28 May 1845, Longhand [State of Illinois v. Williams et al.] Oath, 22 May 1845 [State of Illinois v. Williams et al.] Subpoena, 22 May 1845–A [State of Illinois v. Williams et al.] Subpoena, 22 May 1845–B [State of Illinois v. Williams et al.] Subpoena, 22 May 1845–C [State of Illinois v. Williams et al.] Subpoena, 22 May 1845–D [State of Illinois v. Williams et al.] Subpoena, 22 May 1845–E [State of Illinois v. Williams et al.] Venire Facias, 22 May 1845 [State of Illinois v. Williams et al.] Instructions for Jury Selection, 22 May 1845 [State of Illinois v. Williams et al.] Alias Venire Facias, 22 May 1845 [State of Illinois v. Williams et al.] Docket Entry, Writs of Venire Facias, 22 May 1845 [State of Illinois v. Williams et al.] Attachment, 23 May 1845 [State of Illinois v. Williams et al.] Subpoena, 23 May 1845–A [State of Illinois v. Williams et al.] Subpoena, 23 May 1845–B [State of Illinois v. Williams et al.] Subpoena, 23 May 1845–C [State of Illinois v. Williams et al.] Subpoena, 23 May 1845–D [State of Illinois v. Williams et al.] Docket Entry, Pluries Venire Facias, 23 May 1845 [State of Illinois v. Williams et al.] Attachment, 24 May 1845–A [State of Illinois v. Williams et al.] Attachment, 24 May 1845–B [State of Illinois v. Williams et al.] Attachment, 24 May 1845–C [State of Illinois v. Williams et al.] Subpoena, 24 May 1845 [State of Illinois v. Williams et al.] Docket Entry, Motion Withdrawn, 24 May 1845 [State of Illinois v. Williams et al.] Docket Entry, Attachments, 24 May 1845 [State of Illinois v. Williams et al.] Docket Entry, Continuance, 24 May 1845 [State of Illinois v. Williams et al.] Account of Trial, 24–28 May 1845–A [State of Illinois v. Williams et al.] Account of Trial, 24–28 May 1845–A, as Published in Trial of the Persons Indicted [State of Illinois v. Williams et al.] Account of Trial, 24–28 May 1845–B [State of Illinois v. Williams et al.] Subpoena, 26 May 1845 [State of Illinois v. Williams et al.] Docket Entry, Continuance, 26 May 1845 [State of Illinois v. Williams et al.] Attachment, 27 May 1845 [State of Illinois v. Williams et al.] Subpoena, 27 May 1845–A [State of Illinois v. Williams et al.] Subpoena, 27 May 1845–B [State of Illinois v. Williams et al.] Docket Entry, Continuance, 27 May 1845 [State of Illinois v. Williams et al.] Closing Argument of Josiah Lamborn, 28 May 1845 [State of Illinois v. Williams et al.] Closing Argument of Calvin A. Warren, 28 May 1845 [State of Illinois v. Williams et al.] Closing Argument of Calvin A. Warren, 28 May 1845, as Recorded in “Minutes of Trial” [State of Illinois v. Williams et al.] Docket Entry, Continuance, 28 May 1845 [State of Illinois v. Williams et al.] Docket Entry, Continuance, 29 May 1845 [State of Illinois v. Williams et al.] Closing Argument of Onias Skinner, 29 May 1845 [State of Illinois v. Williams et al.] Closing Argument of Onias Skinner, 29 May 1845, Copy [State of Illinois v. Williams et al.] Closing Argument of Orville Browning, 29 May 1845 [State of Illinois v. Williams et al.] Jury Instructions, 30 May 1845 [State of Illinois v. Williams et al.] Verdict, 30 May 1845 [State of Illinois v. Williams et al.] Docket Entry, Verdict, 30 May 1845 [State of Illinois v. Williams et al.] Docket Entry, Attachment, 30 May 1845–A [State of Illinois v. Williams et al.] Docket Entry, Attachment, 30 May 1845–B [State of Illinois v. Williams et al.]

Account of Trial, 24–28 May 1845–A, as Published in Trial of the Persons Indicted [State of Illinois v. Williams et al.]

Testimony of Jonas Hobart, 24 May 1845 Page 2 Testimony of John Peyton, 24 May 1845 Page 3 Testimony of George Walker, 24 May 1845 Page 3 Testimony of Franklin Worrell, 24 May 1845 Page 4 Testimony of Baldwin L. Samuel, 24 May 1845 Page 4 Testimony of George Bachman, 24 May 1845 Page 5 Testimony of John D. Mellen, 24 May 1845 Page 5 Testimony of Canfield Hamilton, 24 May 1845 Page 5 Testimony of Eli H. Williams, 24 May 1845 Page 5 Testimony of William Daniels, 24 May 1845 Page 6 Testimony of John Wilson, 26 May 1845 Page 13 Testimony of Thomas L. Barnes, 26 May 1845 Page 14 Testimony of Eli D. Walker, 26 May 1845 Page 15 Testimony of Thomas Dixon, 26 May 1845 Page 17 Testimony of Eliza Graham, 26 May 1845 Page 18 Testimony of Benjamin Brackenbury, 26 May 1845 Page 21 Testimony of Canfield S. Hamilton, 27 May 1845 Page 25 Testimony of Franklin Worrell, 27 May 1845 Page 25 Testimony of William Smith, 27 May 1845 Page 25 Testimony of James Reynolds, 27 May 1845 Page 26 Testimony of Larkin Scott, 27 May 1845 Page 27 Testimony of Derrick Fuller, 27 May 1845 Page 27 Testimony of John Pike, 27 May 1845 Page 27 Testimony of John Carlisle, 27 May 1845 Page 28 Testimony of Coleman Garrett, 27 May 1845 Page 28 Testimony of Thomas L. English, 27 May 1845 Page 28 Testimony of George Seabold, 27 May 1845 Page 29 Testimony of Charles Andrews, 27 May 1845 Page 29 Testimony of George McLean, 27 May 1845 Page 29 Testimony of Abraham I. Chittenden, 27 May 1845 Page 30 Testimony of Edward Bedell, 27 May 1845 Page 30 Testimony of John Wilson Williams, 28 May 1845 Page 30 Testimony of E. W. Gould, 28 May 1845 Page 31 Testimony of Ann Fleming, 28 May 1845 Page 32

Source Note

Account of Trial, [
Carthage

Located eighteen miles southeast of Nauvoo. Settled 1831. Designated Hancock Co. seat, Mar. 1833. Incorporated as town, 27 Feb. 1837. Population in 1839 about 300. Population in 1844 about 400. Site of acute opposition to Latter-day Saints, early 1840s. Site...

More Info
], Hancock Co., IL, 24–28 May 1845, State of IL v. Williams et al. (Hancock Co., IL, Circuit Court 1845). Published [ca. 30 July 1845] in Trial of the Persons Indicted in the Hancock Circuit Court for the Murder of Joseph Smith at the Carthage Jail, on the 27th Day of June, 1844, Warsaw, IL: Warsaw Signal, 1845.

Historical Introduction

See Introduction to State of Illinois v. Williams et al. and State of Illinois v. Elliott–C.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Account of Trial, 24–28 May 1845–A [ State of Illinois v. Williams et al. ] Account of Trial, 24–28 May 1845–A, as Published in Trial of the Persons Indicted [ State of Illinois v. Williams et al. ]

Page 20

again until midnight.
Davis

16 Sept. 1820–25 Dec. 1883. Lawyer, farmer, politician. Born near Staunton, Augusta Co., Virginia. Son of William C. Davis and Sarah (Sallie) Van Lear. Lived at Augusta Co., 1830. Moved to Warsaw, Hancock Co., Illinois, by 1838. Served as Illinois circuit...

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said, We have finished the leading men. Grover said he killed old Joe. They were all passing backward and forward through the dining room. Mrs. Fleming was there at the time. We had not been to bed; but were not waiting for return of the men. I did not go to bed till 4 o’clock. Grover and
Davis

16 Sept. 1820–25 Dec. 1883. Lawyer, farmer, politician. Born near Staunton, Augusta Co., Virginia. Son of William C. Davis and Sarah (Sallie) Van Lear. Lived at Augusta Co., 1830. Moved to Warsaw, Hancock Co., Illinois, by 1838. Served as Illinois circuit...

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went into dining room and staid perhaps 15 minutes. I was not there at the time. Don’t know how many came with
Davis

16 Sept. 1820–25 Dec. 1883. Lawyer, farmer, politician. Born near Staunton, Augusta Co., Virginia. Son of William C. Davis and Sarah (Sallie) Van Lear. Lived at Augusta Co., 1830. Moved to Warsaw, Hancock Co., Illinois, by 1838. Served as Illinois circuit...

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and Grover. I suppose that most of the men who came with
Davis

16 Sept. 1820–25 Dec. 1883. Lawyer, farmer, politician. Born near Staunton, Augusta Co., Virginia. Son of William C. Davis and Sarah (Sallie) Van Lear. Lived at Augusta Co., 1830. Moved to Warsaw, Hancock Co., Illinois, by 1838. Served as Illinois circuit...

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and Grover belonged to
Warsaw

Located at foot of Des Moines rapids of Mississippi River at site of three military forts: Fort Johnson (1814), Cantonment Davis (1815–1818), and Fort Edwards (1816–1824). First settlers participated in fur trade. Important trade and shipping center. Post...

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; but can’t name any one who went into the room with them. The company were talking about the death of the Smiths. I set the table while aunt worked. Don’t know why my attention was attracted to
Davis

16 Sept. 1820–25 Dec. 1883. Lawyer, farmer, politician. Born near Staunton, Augusta Co., Virginia. Son of William C. Davis and Sarah (Sallie) Van Lear. Lived at Augusta Co., 1830. Moved to Warsaw, Hancock Co., Illinois, by 1838. Served as Illinois circuit...

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and Grover. Asbel Genung was there when
Davis

16 Sept. 1820–25 Dec. 1883. Lawyer, farmer, politician. Born near Staunton, Augusta Co., Virginia. Son of William C. Davis and Sarah (Sallie) Van Lear. Lived at Augusta Co., 1830. Moved to Warsaw, Hancock Co., Illinois, by 1838. Served as Illinois circuit...

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and Grover came. Soon after he went out on guard. Don’t know which arm Voorhes was wounded in. He sat in the kitchen with a blanket around him. There was no physician there that I know of to see him. Grover said that he was wounded in the shoulder. I am certain that Grover eat breakfast at Fleming’s that morning. Grover and
Davis

16 Sept. 1820–25 Dec. 1883. Lawyer, farmer, politician. Born near Staunton, Augusta Co., Virginia. Son of William C. Davis and Sarah (Sallie) Van Lear. Lived at Augusta Co., 1830. Moved to Warsaw, Hancock Co., Illinois, by 1838. Served as Illinois circuit...

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both staid at Fleming’s the night before Smiths were killed and took breakfast there that morning.
Davis

16 Sept. 1820–25 Dec. 1883. Lawyer, farmer, politician. Born near Staunton, Augusta Co., Virginia. Son of William C. Davis and Sarah (Sallie) Van Lear. Lived at Augusta Co., 1830. Moved to Warsaw, Hancock Co., Illinois, by 1838. Served as Illinois circuit...

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and Grover were in the bar room when I went to bed at 4 o’clock in the morning. Do not know how many I heard say they had killed the Smiths; perhaps half of them said so. Grover is the only one I recollect. I saw no arms at all. I do not know how they came; there were but few at regular supper that night. We took supper before
Sharp

25 Sept. 1818–9 Apr. 1894. Teacher, lawyer, newspaper editor and publisher. Born in Mount Holly, Burlington Co., New Jersey. Son of Solomon Sharp and Jemima Budd. Lived at Smyrna, Kent Co., Delaware, June 1830. Moved to Carlisle, Cumberland Co., Pennsylvania...

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came. I am certain that
Davis

16 Sept. 1820–25 Dec. 1883. Lawyer, farmer, politician. Born near Staunton, Augusta Co., Virginia. Son of William C. Davis and Sarah (Sallie) Van Lear. Lived at Augusta Co., 1830. Moved to Warsaw, Hancock Co., Illinois, by 1838. Served as Illinois circuit...

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was at breakfast, and not at regular supper.
Davis

16 Sept. 1820–25 Dec. 1883. Lawyer, farmer, politician. Born near Staunton, Augusta Co., Virginia. Son of William C. Davis and Sarah (Sallie) Van Lear. Lived at Augusta Co., 1830. Moved to Warsaw, Hancock Co., Illinois, by 1838. Served as Illinois circuit...

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said, “We have finished the men;” do not know who he was addressing. I did not hear
Davis

16 Sept. 1820–25 Dec. 1883. Lawyer, farmer, politician. Born near Staunton, Augusta Co., Virginia. Son of William C. Davis and Sarah (Sallie) Van Lear. Lived at Augusta Co., 1830. Moved to Warsaw, Hancock Co., Illinois, by 1838. Served as Illinois circuit...

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say that he had not been to
Carthage

Located eighteen miles southeast of Nauvoo. Settled 1831. Designated Hancock Co. seat, Mar. 1833. Incorporated as town, 27 Feb. 1837. Population in 1839 about 300. Population in 1844 about 400. Site of acute opposition to Latter-day Saints, early 1840s. Site...

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. I did not enquire whether the Smiths were dead; did not suppose any one else was dead. There were two leading men then, Joseph and
Hyrum Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

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; I suppose they were part of the council. I don’t know the third man in the council; know he is not a leading man. They have 12 leaders now. Cannot say whether it was a moonlight or a dark night, or whether there was any light in the hall when Grover and
Davis

16 Sept. 1820–25 Dec. 1883. Lawyer, farmer, politician. Born near Staunton, Augusta Co., Virginia. Son of William C. Davis and Sarah (Sallie) Van Lear. Lived at Augusta Co., 1830. Moved to Warsaw, Hancock Co., Illinois, by 1838. Served as Illinois circuit...

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came in. The lad was wounded on one cheek, don’t know which one. There was no blood. I heard him say he was wounded, but did not say how, or by whom. There was a patch on his cheek. I do not know whether there were any troops from
Adams county

Situated in western Illinois; bounded on west by Mississippi River. Organized from Pike Co., 1825. Quincy established as county seat, 1825. Population in 1830 about 2,200. Population in 1840 about 14,500. Latter-day Saint exiles from Missouri found refuge...

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. I don’t know that Capt. [George] Pollard was there. There was no alarm at Mr. Fleming’s that night, that I know of. I never called on Mr. Key for protection. The next night at dark, the stage driver came down from
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

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, and gave an alarm. I was not alarmed, and told aunt that the Mormons were not coming. I wanted to be with my friends, but was not afraid; I had no cause to be alarmed. Mrs. Fleming [p. 20]
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Related Case Documents

State of Illinois v. Williams et al., Hancock Co., IL, Circuit Court, 30 May 1845

Editorial Title
Account of Trial, 24–28 May 1845–A, as Published in Trial of the Persons Indicted [State of Illinois v. Williams et al.]
ID #
13338
Total Pages
32
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