June 24, 1844
State v. Hyrum Smith et al.: All seventeen defendants rode to Carthage, finding the town in turmoil.
Legal Events
June 25, 1844
After Joseph and Hyrum Smith surrendered to the authorities in the morning, Illinois Governor Thomas Ford paraded the brothers through the ranks of the troops assembled by his orders from the surrounding counties. The Smiths and the other defendants were arraigned before Justice of the Peace Robert F. Smith, also Captain of the Carthage Greys. The case was postponed until October because Francis Higbee, a key witness, failed to appear. All the defendants posted bail, even in excessive amounts. Joseph and Hyrum were served writs charging them with treason, a nonbailable offense.
June 25, 1844
State v. Joseph and Hyrum Smith: In the courtroom, Joseph Smith and Hyrum Smith were served writs charging them with treason, a nonbailable offense, for placing Nauvoo under martial law on June 18, 1844. Despite there having been no hearing on that new charge, the defendants were taken to the Carthage Jail that evening under protective custody. The two treason complaints against Joseph Smith and Hyrum were apparently signed by Augustine Spencer and Henry Norton, respectively.
June 26, 1844
In court, Joseph Smith moved for a change of venue on the charge of treason brought against him. The motion was denied, and the case was continued until noon the next day, allowing time to bring witnesses to Carthage. Joseph and Hyrum were then taken back to jail, where they had an extensive interview with Illinois Governor Thomas Ford, who promised protection to him and the other prisoners. The hearing was changed to June 29, apparently without consulting the defendants.
June 26, 1844
State v. Joseph and Hyrum Smith: In court, Joseph Smith moved for a change of venue on the charge of treason brought against him. Joseph Smith had two lawyers, Woods and Reid; the state had five. The motion was denied, and the case was continued until noon the next day, allowing time to bring witnesses to Carthage. They were taken back to jail, where Joseph Smith had an extensive interview with Governor Thomas Ford. Again Ford promised Joseph Smith and the other prisoners full protection. The hearing was changed to June 29, apparently without consulting the defendants.
June 27, 1844
Joseph Smith prepared a list of witnesses regarding the charge of treason to give to Cyrus Wheelock. Governor Ford took the most neutral troops away from Carthage for a visit to Nauvoo, leaving the Carthage Greys to guard the jail. The last letter written by Joseph Smith was an urgent request for legal services from O. H. Browning. While in protective custody at Carthage Jail, Joseph Smith and Hyrum Smith were both shot and killed by an armed mob. After their deaths, the treason cases causing the Smiths' incarceration were dismissed.
June 29, 1844
Smith v. Cowdery: The suit was dismissed from the Hancock County Chancery Court for want of prosecution.
July 17, 1844
Emma appeared in the Hancock County Probate Court and was appointed administratrix of Joseph Smith's estate, and guardian of her four children.
July 26, 1844
City of Nauvoo v. Foster: The case was appealed from the Nauvoo Municipal Court.
August 26, 1844
Foster v. Smith: Plaintiff's attorney Almon W. Babbitt made a motion to require Foster to post a Cost Bond because he was insolvent.
Pages
Read peer-reviewed articles about Joseph Smith and other Church history topics from BYU Studies. Visit byustudies.byu.edu.