Closing Argument of Orville Browning, 29 May 1845 [State of Illinois v. Williams et al.]
Source Note
, Closing Argument, [, Hancock Co., IL, 29 May 1845] State of IL v. Williams et al. (Hancock Co., IL, Circuit Court 1845). Copied [between ca. 11 Feb. 1944 and ca. 16 Jan. 1968] in “Minutes of Trial of Members of Mob Who Helped Kill Joseph Smith, the Prophet,” pp. 15–20 (first numbering); CHL.
The custodial history of this typescript is unknown. Wilford C. Wood acquired the manuscript from Frank C. Baum in 1944 and thereafter created three typescript transcripts of it. Two of the transcripts, identified as a first copy and a carbon copy, were retained by Wood and are in the possession of the Wilford C. Wood Museum in Bountiful, Utah. At an unknown time, Wood created a third transcript titled “Minutes of Trial of Members of Mob who Helped Kill Joseph Smith, the Prophet” that was donated to the Church Historian’s Office before Wood’s death in 1968. The transcripts contain portions that are unaccounted for in the manuscript. The copy donated to the church is virtually identical to the copies at the Wood Museum, except that some of the documents are in a different order. The typescript was presumably placed in a Joseph Smith name file after its donation. Church Historical Department (now CHL) staff cataloged the typescript in 1973.
Mrs. Frank Baum, Quincy, IL, to Wilford C. Wood, Woods Cross, UT, Receipt, 11 Feb. 1944, microfilm, reel 16, Wilford C. Wood Collection of Church Historical Materials, CHL; Letter, Wilford C. Wood, Woods Cross, UT, to David O. McKay, 16 Feb. 1944, microfilm, reel 16, Wilford C. Wood Collection of Church Historical Materials, CHL.
Wilford C. Wood Collection of Church Historical Materials. Microfilm. CHL. MS 8617.
See “Martyrdom Court Records (typed) carbon 4-c-b-2.2,” microfilm, reel 5, Wilford C. Wood Collection of Church Historical Materials, CHL; and “Martyrdom Court Records (Typed) 4-c-b-2.4,” microfilm, reel 25, Wilford C. Wood Collection of Church Historical Materials, CHL.
Wilford C. Wood Collection of Church Historical Materials. Microfilm. CHL. MS 8617.
See the full bibliographic entry for “Minutes of Trial of Members of Mob Who Helped Kill Joseph Smith, 1844–1845,” in the CHL catalog; and Oaks and Hill, Carthage Conspiracy, 227.
Oaks, Dallin H., and Marvin S. Hill. Carthage Conspiracy: The Trial of the Accused Assassins of Joseph Smith. Urbana: University of Illinois Press, 1975.
[blank] at this time that he intends to prosecute the lawyers in this case for having him subpoened. These public journals ought to be criminally [blank] against for thus carricaturing the defts. and trying to forestall public opinion before a trial.
But there are more [blank][blank] who are playing into the hands of these workers of iniquity at a distance. As soon as a wood cut is got up carricaturing one of the defts. it is sent to and then put into a leading journal to poison and prejudice the public mind. [blank] is Daniel’s book. Will tell us what was the object of all these publications? Does he see anything in it like prejudice? As soon as indictments are found this crusade commenced against these defts. Yet they voluntarily came forward and demand a trial. Then they are met by whom— witnesses so foul and corrupt that even Mr. [blank] withdraws their testimony from your consideration, and tells you they are not worthy of belief, but these are the same men upon whose statements the journals of which I have spoken gave waged this crusade against them (defts.). It has been charged to be an outrage, but the defendants were not confined in jail. At whose instance is it that they have not been confined in jail. The prosecution has [blank] asked that the defts. should be committed, it had not the effrontery to do so on the testimony of before the grand jury.
One publication comes out just before the sitting of the court (Davis’ [William Daniels’s]pamphlet). (This read for the purpose of showing the means used to get up a prejudice against the defendants), a passage in Daniel’s pamphlet relative to , and also the notice of the sale of same in the Nauvoo Neighbor of the 7th inst.
admits that there is no evidence against G[blank] and S[blank] and he says you must acquit them. This admission is true but it destroys his case against the other defendants. There is as much evidence against [William] Grover as against . As much against as against , and as much against either as against . says convict , and and peace will be restored. I say acquit these men and peace will be restored. But let a sentence of conviction be attempted to be carried into execution and the gallows will be a beacon around which to rally a more terrible armed force than you or I have ever seen. It would be the commencement of a more bloody and terrible war then you or I would want to see. This prosecution wants a [blank] why pitch upon these men— there were 150 engaged in the murder one of whom he has had in his hands. Why did he not hold on to him and offer him up to appease the malignancy of the prosecutors of these men. I have travelled somewhat out of the record, but in doing so I have only strictly [p. 17]