| 620 guilt or innocence of the accused party. His objections, however, were overruled by the court.
"Mr. Edwards and Butterfield showed in a very lucid manner that Mr. Lambourn 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 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 defense of the position that he took, and very clearly 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 anything 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 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
(page 620) |
