| 554 COMMUNICATIONS.
Dear Sir: I have just returned from the north part of this State, where I have been on business for our beloved President Joseph Smith; and it feels so good to breath the pure air of liberty and friendship, after spending some three or four days in a swamp, or rather, a slough of religious prejudice and political hypocrisy, which are equally nauseous and offensive, that I cannot let this opportunity pass without giving vent to some of my feelings, in regard to what passed while I remained at the town Dixon, on Rock River.
My principle business was to appear in the Lee county Circuit Court, as a witness in the case of Joseph Smith vs Joseph H. Reynolds & Harmon G. Wilson, for false imprisonment and using unnecessary force and violence in arresting the plaintiff.
A plea had been entered in this suit by the council for the defendants, to which the council for the plaintiff demurred. The demurrer was argued on Wednesday morning the 8th inst. and the parties finally joined issue on the charge for using unnecessary force and violence, and the Court gave permission by consent of the Bar to proceed with the trial, but the council not being fully prepared, it was laid over until the following morning, the 9th inst.
On Thursday morning after the usual preliminaries of opening Court, the above case was called up for trial, and the clerk ordered to impanel a jury, and here, sir, a scene took place which ought to make every honest American citizen blush and weep for the credit and honor of his country and laws. A number of men were called up and when questioned as to whether they had previously expressed opinions in relation to the suit now pending, nearly the whole answered in the affirmative. The further question was then put as to whether they had any prejudice against either of the parties, to which a great majority replied they had against Smith. They were then questioned as to what their prejudice had reference-his religious sentiments or general course of conduct. The greater part replied, to his religious sentiments; and the remainder said they were opposed to his general course of conduct. About twenty men had to be called upon one after another, out of which number the Court finally selected twelve as competent jurors although the majority of these decidedly expressed their feelings of prejudice against the plaintiff. They were however accepted on the ground that they said they thought they could do justice to both parties, although some of them expressed a doubt whether they could do justice or not.
The jury being sworn the Court, or rather the counsel, proceeded to examine the witnesses on the part of the plaintiff, which occupied nearly the whole day. But little of the real matter of fact could be set before the Court, on account of their being confined to the charge of unnecessary force and violence; but this was proven in the clearest point of light.
I must refer to the testimony of old Mr. Dixon whose silvery locks seem to tell an age of many years. His evidence related to the circumstance of the Missouri Sheriff refusing for a length of time to give the plaintiff the privilege of Habeas Corpus, and threatening to drag him to Missouri in fifteen minutes from the time they arrived at Dixon. The old gentleman seemed to tremble with indignation while relating the simple facts as they transpired at the time, and like a true lover of his country, appeared proud of the privilege of telling those men that the citizens of Dixon would not suffer themselves to be disgraced by permitting them to drag away a citizen of this State to a foreign State for trial, without the privilege of a trial by Habeas Corpus, a privilege which is guaranteed to every individual under like circumstances, and especially when it was understood that he was to be dragged to Missouri, amongst a people whose hands are yet dripping with the blood of murdered innocence, and whose thirst for the blood of General Joseph Smith as the howling wolf thirsts for his prey. Surely such a picture would melt the heart of any thing but an adamantine. There are those and men who profess to be the followers of the Lord Jesus Christ-who can hear such things, and still wish the Missourians had got Gen. Smith to Missouri to murder him without judge or jury; and surely they are no better than murderers themselves and only lack the opportunity to make them shedders of innocent blood.
After the evidence was through on the part of the plaintiff, the witnesses for the defence [defense] were examined which only occupied a few minutes. The arguments were then advanced on both sides, during which time I could not help noticing how apt the respectable gentleman of the opposite council was, to sing the song of 'old Joe Smith' &c., which might appear very gentlemanly in his mind, but to me it seemed as contemptible as the voice of a stupid ass or the tongue of slander.
Finally the case was submitted to the jury who were charged by the Court and then ordered to retire and bring in a sealed verdict the following morning at 9 o'clock, Friday morning came and with it the verdict, and it proved to be in favor of the plaintiff and against
(page 554) |
