| 60 that he had not had an opportunity of investigating it, and he hoped that the court would indulge him with one or two days; the court granted him that privilege, and the trial was postponed until Wednesday, the 4th of January. Mr. Lamborn objected to the proceedings on the ground that the United States Court had no jurisdiction in this case, and that it belonged to the courts of this State to adjudicate in this matter: he moreover contended that they could not go behind the writ, to try the guilt, or innocence of the accused party: his objections however were overruled by the court.
Mr. Edwards and Butterfield shewed [showed] in a very lucid manner that Mr. Lamborn was in the dark concerning this matter-and Mr. Butterfield contended that in this case, and under the circumstances of the issuing of this writ, the United States district court not only had jurisdiction; but that it had exclusive jurisdiction. He also shewed [showed] very clearly that although they had no right to go behind the writ when judgment was rendered that they had a perfect right where that was not the case; he quoted several authorities in defence [defense] of the position that he took, and very clearly shewed [showed] that the course which he had taken in this affair, was strongly supported by law, that he was sustained by the constitution of the United States, and by a law of Congress based upon the constitution, and by all former precedents. He then exposed in a very able manner the corruption of Governor Reynolds of Missouri, and of Governor Carlin of Illinois, in relation to this matter, proving from their own documents that the steps which they had taken were illegal, that Governor Reynolds had no foundation to issue a writ, or to demand Joseph Smith from Governor Carlin on any thing that there was in the affidavit of Ex-Governor Boggs of Missouri, and that he was obliged to add certain clauses in his demand which were not found in the body of the affidavit, before his claims upon this State could have the semblance of law, and that Governor Carlin with these lame documents before him wished to make it a little more plain, and added another addition, by way of codicil to the charge. He clearly shewed [showed] the progress of crime among those governors.-Ex-Governor Boggs' affidavit stated that "he believed, and had good reason to believe that Joseph Smith was accessory before the fact, and that he was a resident of Illinois." Governor Reynolds stated that it had been represented to him that Joseph Smith was accessory before the fact, and had fled from the justice of Missouri; and to make up the thing complete, Governor Carlin stated that he was a fugitive from justice, consequently neither Governor Reynolds nor Governor Carlin had any foundation whereon to base the issuing of a demand, proclamation, or writ.
After showing very clearly, the ignoranec [ignorance] and injustice of those executives-proving to a demonstration that Joseph Smith had not been in Missouri for three years: that he could not be a fugitive from justice, and that if he were guilty of being an accessary [accessory], the thing was not done in Missouri, and he could not be taken there to be tried; he concluded by saying, that all the difference there was between the Mormons and other professions was, that the different sects believed in the ancient prophets only, and the Mormons believed in both ancient and modern prophecy. Another distinction was, that the ancient prophets prophecied [prophesied] in poetry, and the modern ones on prose.
Judge Pope then stated that the court would give its decision the next morning.
On Wednesday morning the Judge in his decision investigated the whole matter, and in a very able manner sustained the views of Mr. Butterfield, and adduced additional testimony and evidence, in favor of the acquittal of Mr. Smith; and after a very learned and able address he concluded by saying, that "the decision of the court is that the prisoner be discharged; and I wish it entered upon the records in such a way, that Mr. Smith be no more troubled about this matter."
We hope to be able to furnish our readers with a corrected copy of the whole proceedings of this interesting trial.
We had the honor of accompanying General Smith to Springfield, together with about fourteen gentlemen from this place, and we were very much pleased with the excursion; we met with a great deal of courtesy and respect on our way to Springfield, and when we arrived there; both from the citizens generally, and also from Honorable members of the Legislature, indeed our presence seemed to dispel those deep prejudices which many had imbibed in consequence of misrepresentation and falsehood; and in our intercourse with them they perceived that the Mormons were affable, courteous, and intelligent; and in looking at our heads and feet they discovered that we had neither horns nor hoofs.
By the politeness of the Hon. Mr. Hackleton, speaker of the House of Representatives, we were favored with the privilege of speaking in the Legislative Hall; Elder Hyde preached in the morning, and myself in the afternoon; a large concourse of people attended, composed
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