The lawyers for the prosecution, according to Joseph's own account, acted honorably and confined themselves to the merits of the case, excepting two—Messrs. Knowlton and Jennings. They made an appeal both to the passions and prejudices of the people, and sought to create an excitement over the matter. Judge Douglass, however, was impartial in his rulings, and doubtless one officer of the court—the sheriff of Warren County—thought him severe in his efforts to protect the prisoner. The court room was densely packed and the judge ordered the sheriff to keep the spectators back; but this he neglected and the judge fined him ten dollars. In a few minutes the order to keep the spectators from crowding the prisoner and witnesses was repeated, and the sheriff told the court that he had ordered a constable to do it. "Clerk," said Judge Douglass, "add ten dollars more to that fine." This was effectual, the sheriff after that did his duty.
Joseph claimed in this case that he was unlawfully held a prisoner, and he could prove that the indictment upon which he was arrested had been obtained by fraud, bribery and duress. This line of defense, however, raised the question as to whether the court had the right to inquire into the merits of the case. A long debate between opposing counsel followed. But it will be remembered that an attempt to arrest Joseph on the requisition from the governor of Missouri had been made in September previous; and it appears that after the fruitless effort to make the arrest, the sheriff of Hancock County returned the writ; and the defense claimed that after the return of the writ to the executive, the defendant could not be again legally arrested upon it. It was upon this point that the court set Joseph at liberty. Following is Judge Douglass' decision on this point:
The writ being once returned to the executive by the sheriff of Hancock County was dead, and stood in the same relationship as any other writ which might issue from the circuit court, and consequently the defendant cannot be held in custody on that writ.
On the other point in the case—as to whether evidence in the case was admissible—the judge withheld his opinion for further consideration, as the question was a grave one, involving the future conduct of the States in their relationship with each other; but on the ground that the writ was void, dead by reason of a former return being made on it by the sheriff of Hancock County, he ordered the discharge of the prisoner. And Missouri was again foiled in her designs upon the life of the Prophet.
At the conclusion of the trial Joseph ordered dinner for his company, which numbered by that time some sixty men. "And when I called for the tavern bill," says Joseph, "the unconscientious fellow replied, 'only one hundred and sixty dollars.'" Some time after this, in September following, Joseph sent the costs of this trial to the sheriff of Adams County, of which the following is a copy:
NAUVOO, September 30, 1841.
To the Deputy Sheriff of Adams County:
The following is a statement of my expenses, costs and liabilities, consequent upon my arrest and trial while in your custody, to-wit:
To amount of fees to Esquires Ralston, Warren & Co … $250.00
To Esquires Little, Williams, Walker and Browning … $100.00
To seven days for self, horse and carriage, @$5.00 per day … $35.00
To money spent during that time consequent upon arrest … $60.00
To twelve witnesses … $240.00
________
$685.00
To which was added this note:
DEAR SIR.—You will please take such measures as to put me in possession of the above amount, which is justly due me as above stated; to say nothing of false imprisonment and other expenses.
* * *
Receive my respects, etc.
JOSEPH SMITH.
With the exception of the difficulty just considered, the summer of 1841 glided pleasantly by, bringing to the busy inhabitants of Nauvoo many occasions of social and spiritual enjoyment.
CHAPTER XIX.
EVENTS OF THE SUMMER OF 1841.
NAUVOO was the most promising and thrifty city in Illinois, and the fame thereof extended throughout the nation, due, in part, of course, to the peculiar religion of its inhabitants. Strangers from far and near made it a point to visit Nauvoo, and the peace, sobriety, industry and public spirit of the citizens challenged their admiration, whatever views they might entertain respecting their religion. A large bowery was constructed just west of the temple site where the people assembled for worship. Here the Prophet Joseph preached some of his most powerful discourses, and taught his people in the doctrine of the heavenly kingdom; and not infrequently it happened that
Fools who came to mock, remained to pray.
The Saints never intended to make either their city or the Nauvoo Legion exclusively Mormon.[1] On the contrary, the people at Nauvoo expressed a willingness to unite with their fellow-citizens in every good work and enterprise, and tolerate religious differences. Indeed, repeated invitations were sent out to the honorable men, not only of the State of Illinois, but of the United States, to men of capital and of influence and of integrity, asking them to come to Nauvoo, and assist in building up a glorious city.
In July, Sidney H. Little, of the State senate, was killed by leaping from his carriage while his horse was unmanageable; and that the "Saints might mourn with those who are called to mourn," the eighteenth day of July was set apart as a day of fasting among the people of Nauvoo. By thus manifesting a feeling of sympathy and interest, they sought to cultivate peace and good-will among their fellow-citizens, and a number of honorable, and some of them influential men, while not accepting the faith of the Saints, became friendly disposed towards them, and associated with them in various business transactions.
But the good-will of the Saints was not very generally reciprocated by the people of Illinois; and there were, even at that early date, envyings and bitterness manifested by those who were jealous of the prosperity and increasing power of the Mormons in Nauvoo and vicinity. The same spirit existed to some extent in Iowa as will be seen by the following occurrence: General Swazey, in command of the militia of Iowa, Territory, invited Joseph and Hyrum Smith and General Bennett to attend the parade of the militia of that Territory at Montrose. The invitation was accepted, and General Swazey received his visitors courteously, and so did the militia. But during a recess in the exercises taken at noon, a Mr. D. W. Kilburn tried to create a disturbance by circulating the following note among the troops:
Citizens of Iowa—The laws of Iowa do not require you to muster or be reviewed by Joe Smith or General Bennett; and should they have the impudence to attempt it, it is hoped that every person having a proper respect for himself, will at once leave the ranks.
The facts are that these militia companies were not mustered by Joseph's order, nor did he expect to review them. He had simply accepted General Swazey's invitation to witness the movements of the troops as other spectators were doing, and neither Joseph nor Hyrum was in uniform. General Swazey had been several times invited to attend the drills and reviews of the Legion at Nauvoo, and he had simply returned the courtesy to the officers of the Legion. Kilburn's effort, however, to create a disturbance was not successful, though the papers of the State commented upon it, and some of them began to whisper that it was Joseph's ambition to build up a military church and extend his faith, "Mohammed-like," by