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CHAPTER LVII.

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an evil quartette—reynolds, ford, bennett and owens—a new writ— joseph kidnapped at dixon and threatened with death—efforts for release on "habeas corpus"—a wrestling match—entry into nauvoo— joseph released—the kidnappers as for a mob army—independence day at nauvoo.

a pitiable yielding to murderous hate was exhibited in the conduct in june, 1843, of reynolds and ford, the governors respectively of the great states of missouri and illinois. the adviser of reynolds was john c. bennett, the corrupt traitor; the adviser of ford was sam c. owens, one of the leaders of the jackson mob.

on the 13th day of june, thomas reynolds, governor of the state of missouri, made a requisition upon the state of illinois for the person of joseph smith, charged with treason, on the ground that he was a fugitive from justice. to show the close communion of the quartette, reynolds, bennett, ford and owens, it is well to note that bennett and owens, before any papers were issued, made their boasts that the governors of the two states would comply with their demands, and that joseph smith would be delivered to death at the hands of his old enemies in missouri. and on the 10th of june, three days before the requisition was issued, sam owens and john c. bennett had informed governor ford by letter that joseph reynolds, sheriff of jackson county, (although the alleged offense of treason had been committed in daviess county) would be appointed by governor reynolds of missouri to receive the person of joseph smith from the officials of illinois; and they, in the same letter, instructed governor ford to appoint harmon t. wilson of hancock county, to serve the writ which they demanded ford to issue. their reason for wanting reynolds of jackson county is clear; he was known to be in sympathy with the mob there, while the officers of daviess county might have an abhorrence of murder and might refuse to be so pliant as the assassins desired. while their reason for demanding the appointment of harmon t. wilson was stated in a letter to ford by sam c. owens in the following words:

dr. bennett further writes me that he has made an arrangement with harmon t. wilson, of hancock county, ( carthage, seat of justice), in whose hands he wishes the writ that shall be issued by you to be put.

the plan as dictated to the governors by these villains was executed.

on the same day that the governor of missouri appointed reynolds to go to illinois after the person of the prophet, joseph started with emma and their children to see her sister mrs. wasson, who lived near dixon, lee county, illinois. five days later, on the 18th of june, a message was received at nauvoo from judge james adams, of springfield, from which it was learned that ford had issued the writ for joseph and that it was on the way. hyrum smith immediately sent stephen markham and william clayton on horseback, william riding joe duncan, to find and warn the prophet. these devoted men traveled two hundred and twelve miles in sixty-six hours, and found joseph between the town of dixon and wasson's place. when they told him of the danger he said:

do not be alarmed, i have no fear, and shall not flee. i will find friends and the missourians cannot slay me, i tell you in the name of israel's god.

wilson and reynolds had disguised themselves and proposed to be "mormon" elders, following joseph to wasson's. on the 23rd of june they reached that place while the family were at dinner and said: "we want to see brother joseph."

they seized him the instant they found him and presented cocked pistols to his breast, without showing any writ or serving any process. joseph inquired: "what is the meaning of this?"

and reynolds replied: "god damn you, be still, or i'll shoot you, by god."

wilson joined in this awful profanity and threat, and they both struck the prophet with their pistols. he only said:

kill me if you will, i am not afraid to die; and i have endured so much oppression that i am weary of life. but i am a strong man, and i could cast both of you down, if i would. if you have any legal process to serve, present it, for i am at all times subject to law and shall not offer resistance.

at this time, stephen markham walked toward them and the kidnappers swore they would kill him; but he paid no attention to their threats. still bruising the prophet with their pistols and threatening every instant to kill him if he spoke, they dragged him to a wagon without, and would have driven away not permitting him to say one word to his family or to obtain his hat and coat, but stephen markham interposed he boldly seized the horses by the bits, and would not let them go until emma could run from the house with the prophet's clothing.

stephen mounted a horse and started to dixon where the kidnappers also proceeded at full speed without even allowing joseph to speak to his wife or little children. the wretches had not shown any writ, nor had they told the prophet what was the charge against him. during the whole journey of eight miles to dixon they continued to strike his sides with their pistols and to swear that they would have his life. so brutal were their blows that he almost fainted, and each side was turned black and blue for a circumference of eighteen inches.

at dixon they thrust him into a room at the tavern and guarded him there, while ordering fresh horses to be ready in five minutes. as stephen markham had raised an alarm at dixon and proposed to get a lawyer, reynolds once more declared his intention to shoot the prophet. joseph said: "why do you make this threat so often? if you want to shoot me, do so. i am not afraid."

the continued calmness and the undaunted heroism of the prophet had their effect upon his captors; and at last they desisted from their threats, although they continued their abuse. no doubt they would have killed him but they were too cowardly. they wanted to get him into missouri where the murder could be consummated without any danger to them. the lawyers whom stephen secured for the prophet were not permitted by reynolds and wilson to consult their client; but the effect of this highhanded proceeding was to arouse the indignation of the landlord and his friends. they gathered around the hotel and told reynolds that this might be the missouri way, but it would not do for dixon, where the people were law-abiding and would not permit any man to be kidnapped and dragged away without knowing the charge against him and without an opportunity for judicial examination. as a large crowd had gathered by this time and as they threatened to take summary action against the brigands, reynolds and wilson concluded to permit a consultation with the lawyers. as soon as he could get speech with the attorneys, joseph told them that he had been taken prisoner without process, had been insulted, bruised and threatened; and that he wanted to sue out a writ of habeas corpus. at this reynolds swore that he would only wait half an hour. a mr. dixon who had opposed reynolds and wilson in their outrageous doings, immediately sent messengers to the master in chancery and to lawyer walker to have them come to dixon to get out a writ of habeas corpus.

the next morning the writ was issued, returnable before judge caton of the ninth judicial circuit at ottawa and duly served upon reynolds and wilson.

writs were also obtained against them for threatening the life of stephen markham, for assaults upon joseph and for false imprisonment; and these villains were soon placed in the custody of the sheriff of lee county, whereupon their demeanor became as craven as it had before been bold and threatening.

in the meantime joseph had sent william clayton to nauvoo to inform hyrum of what was being done.

the prophet still in captivity to reynolds and wilson, who in turn were in custody of sheriff campbell, proceeded that night to pawpaw grove, thirty-two miles on the road to ottawa. here reynolds and wilson again began to abuse their captive; but campbell came to his assistance and slept by his side that night to protect him from further assault.

early the next morning the hotel was filled with citizens who wanted to see the prophet and hear him preach. fearing the effect of an address from joseph, sheriff reynolds yelled: "i want you to understand that this man is my legal prisoner, and you must disperse."

this was false. no writ or other process had been served upon joseph, and he was nobody's legal prisoner. but without waiting to discuss the legal question, an old man named david town, who was lame and carried a large hickory walking stick, advanced upon reynolds and said:

you damned infernal puke, we'll learn you to come here and interrupt gentlemen. sit down there, [pointing to a very low chair] and sit still. don't you 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.

reynolds was made aware that mr. town was the head of a committee, just then assembled to deal with some land speculators who had attempted to impose upon honest settlers, and he obeyed with great meekness.

the prophet talked an hour and a half on the subject of marriage, which was the topic selected for him by his congregation. from that hour on his freedom commenced.

learning at pawpaw grove that judge caton was absent in new york the party turned back to dixon, arriving there about 4 o'clock in the afternoon of june 25th. a return of the writ of habeas corpus was made to the master in chancery, with the endorsement that the judge was absent; whereupon a new writ was issued, returnable before the nearest tribunal in the fifth judicial district authorized to hear and determine writs of habeas corpus, and mr. campbell, the sheriff of lee county, at once served it upon wilson and reynolds. arrangements were then made to go before judge stephen a. douglas at quincy, a distance of two hundred and sixty miles; and in the meantime, anticipating treachery, stephen markham started with a letter to the prophet's friends informing them further of his movements. this action was deemed necessary; for the whole country seemed to be swarming with men anxious to carry joseph into missouri, where, according to the free boasts of reynolds, wilson and others, his death was certain.

the party in charge of the prophet proceeded toward quincy. on tuesday, the 27th of june, shortly after crossing fox river, they met seven of the prophet's friends. the brethren burst into tears at sight of joseph; and as they embraced him he spoke to his captors who, it must be remembered, had not yet shown any writ or other process and were therefore kidnappers:

"i think i will not go to missouri this time, gentlemen. these are my boys."

then he mounted his favorite horse, joe duncan; and the entire company proceeded to a farmhouse and made a halt. this party of the prophet's friends was under the leadership of thomas grover, and from them it was learned that elders charles c. rich and wilson law with other and larger parties were seeking the prophet to prevent his murder and abduction.

reynolds and wilson shook with fear. peter w. cownover, one of the prophet's friends, said to wilson: "what is the matter with you? have you got the ague?"

wilson managed to stammer, "no."

reynolds asked, "is jem flack in the crowd?"

someone answered: "he is not now, but you will see him tomorrow about this time."

"then," said reynolds, "i am a dead man; for i know him of old."

cownover told the foolish fellow not to be frightened, for no one intended to injure him.

stephen markham had turned back when he met this party and was with them. he walked up to reynolds and offered his hand, when the bandit cried out: "do you meet me as a friend? i expected to be a dead man when i met you again."

markham replied: "we are friends, except in law; that must have its course."

at andover that night reynolds and wilson gathered a party and held a consultation. they intended to raise a company, take the prophet by force, escape from their own arrest, and run with him to the mouth of rock river, on the mississippi, where they said they had a company of men all ready to drag him into missouri and wreak vengeance upon him. but for stephen markham's vigilance they would have executed this plan, but he foiled them by putting the sheriff of lee county on his guard.

on wednesday, the 28th of june, they encamped in a little grove at the head of elleston creek. while the animals were feeding, reynolds said: "no, we will go from here to the mouth of rock river and take steamboat to quincy."

markham replied: "no; for we are prepared to travel and will go by land."

wilson and reynolds both yelled out: "no, by god, we won't; we will never go by nauvoo alive."

both drew their pistols upon markham, who turned to sheriff campbell saying: "when these men took joseph a prisoner, they took even his pocket knife. they are now prisoners of yours and i demand that their arms be seized."

reynolds and wilson refused to yield their weapons; but when the sheriff threatened to call for assistance, they submitted.

while on this journey and resting in a little grove of timber where the ground was well sodded, one of the lawyers for reynolds and wilson began to boast of his prowess as a wrestler. he offered to wager any sum that he could throw any man in the state of illinois at side-hold. stephen markham, a side-hold wrestler, told the lawyer that he would not contest for money but would try a bout for fun. they grappled, and the man threw markham, when a great shout arose from joseph's enemies, and they began to taunt the prophet and his friends.

joseph turned to brother philemon c. merrill, a young man from nauvoo, subsequently adjutant in the mormon battalion, and later a resident of st. david, arizona, and said: "get up and throw that man."

merrill was about to say that side-hold was not his game; but before he could speak the prophet commanded him in such a way that his tongue was silenced. he arose to his feet filled with the strength of a samson. merrill lifted his arms and said to the lawyer: "take your choice of sides."

the man took the left side with his right arm under; when the company all declared that this was not fair, as he had a double advantage. merrill felt such confidence in the word of the prophet that it made no difference to him how much advantage his opponent took, and he allowed the hold. as they grappled joseph said: "philemon, when i count three, throw him!".

on the instant after the word dropped from joseph's lips, merrill, with the strength of a giant, threw the lawyer over his left shoulder, and he fell striking his head upon the earth.

awe fell upon the opponents of the prophet when they saw this, and there were no more challenges to wrestle during the journey.

while they were lodged at a farm house near monmouth one night reynolds and wilson again plotted to raise a mob and seize joseph; but peter cownover detected them, and sheriff campbell put them under restraint, feeling that they were no longer to be trusted. on thursday, the 29th of june, another party of the prophet's friends joined him. he called james flack to his side and told him he must not injure reynolds whatever the provocation might have been; for the prophet had pledged himself to protect the missouri sheriff.

the lawyers and sheriff campbell, with other civil officers, decided that the hearing upon the writ of habeas corpus might lawfully be held in nauvoo, and they desired to go there rather than to quincy; so the party turned in that direction. this occasioned great joy to joseph. his bruises were forgotten, and that night when they reached the house of michael crane, on honey creek, he sprang from the buggy, walked up to the fence, and leaped over without touching it.

a messenger had carried the news of the homecoming to nauvoo, and on friday, june the 30th, a joyous cavalcade went out to meet the prophet. the meeting between joseph and hyrum was most touching. joseph had just passed through one of the many perils of his life, but one of the few which hyrum did not share; and his return caused hyrum to weep for joy as he took the prophet in his arms. the spectacle of the entry into nauvoo was most imposing, for the delighted people sang for joy and made such demonstration of love and gladness in joseph's behalf, that the lawyers and officers from dixon were charmed and deeply impressed.

after they were within the city the multitude seemed unwilling to disperse, but joseph said to them:

i am out of the power of the missourians again, thank god; and thank you all for your kindness and love. i bless you in the name of jesus christ. i shall address you in the grove, near the temple, at 4 o'clock this afternoon.

a feast had been prepared at joseph's house, and there he went—still in the hands of his captors, reynolds and wilson, who were the prisoners of sheriff campbell of lee county; and all of these with about fifty of the prophet's friends sat at his table. the place of honor was given to reynolds and wilson who were waited upon by emma with as much courtesy as could have been bestowed upon a beloved guest. this kindness heaped coals of fire on their heads, for they remembered the time when they had dragged the prophet from the side of his wife and little ones and had refused to permit him to say farewell.

under advice of the lawyers, joseph with his captors was brought before the municipal court at nauvoo, and all the writs and other papers were filed there. the case was heard upon its merits, and the prophet was discharged. the lawyers concurred that in all the transactions since the day of his arrest joseph had held himself amendable to the law and its officers; and that the decision of the municipal court of nauvoo was not only legal and just but was within the power of this tribunal under the city charter.

but before the actual hearing began in the municipal court, reynolds and wilson in company with lawyer davis, of carthage, started for that place threatening to raise a mob with which to drag joseph from nauvoo. desiring a larger force than they could readily command at carthage, they applied to governor ford for the state militia. but the governor sent a trusted messenger to nauvoo to obtain evidence concerning the seizure of the prophet and his discharge on the writ of habeas corpus; and this gentleman secured a copy of all the papers and evidence in the case. prominent citizens of lee county added their affidavits; and several gentlemen went up to springfield to represent the matter fairly to his excellency. whatever ford's motive may have been—whether a desire to make political capital for his party with influential men who took the side of the saints in this question, or whether he had fear that he would lose his personal prestige by precipitating the unlawful strife—he took the only proper course; and after long consideration, and upon the presentation of his trusted messenger, he refused to order out the militia, and so reported to sheriff reynolds and governor reynolds of missouri. the position which ford assumed was that no resistance had been made to any writ issued by the state of illinois, and therefore that illinois had neither right nor interest in the matter.

on the 2nd and 3rd days of july parties returned who had been out from nauvoo searching for the prophet. one party had gone up the river on the little steamer maid of iowa, under command of dan jones, and had passed through a very adventurous voyage. this company was accompanied by apostle john taylor. another party, under the leadership of general charles c. rich, had traveled five hundred miles on horseback in seven days. they were all delighted to find the prophet safe at home; and he blessed them for their love and devotion to him.

at a special conference, on monday, the 3rd day of july, a large number of elders were called to go into the different counties of illinois, to preach the gospel and convey correct information to the people of the state concerning the prophet's arrest and his discharge from custody.

on the 4th day of july about fifteen thousand people congregated at the grove near the temple, among them being about one thousand ladies and gentlemen from st. louis, quincy and burlington, who listened attentively to orations and speeches. in the course of the address which he delivered, the prophet spoke a few words in relation to his own arrest, in which he defended himself to the satisfaction of the vast multitude, both saints and visitors:

i never spent more than six months in missouri, except while in prison. while i was free in that state, i was at work for the support of my family. i was never a prisoner of war during my stay, for i had nothing to do with war. i never took a pistol, gun, or sword; and the most that has been said on this subject by the missourians is false. i have been willing to go before any governor, judge or tribunal where justice would be done, and have the subject investigated. i could not have committed treason in that state while i resided there, for treason against missouri consists in levying war against the state or adhering to her enemies. missouri was at peace, and had no enemy that i could adhere to, had i been disposed; and i did not make war, and no command or authority, either civil or military, but only in spiritual matters as a minister of the gospel.

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