| 621 whereon to base the issuing of a demand, proclamation, or writ.
"After showing very clearly the 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 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 prophesied in poetry, and the modern ones in 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.'"-Times and Seasons, vol. 4, pp. 59, 60.
A copy of the proceedings, with the opinion of the Court, was published January 16, 1843, by the Times and Seasons. We reproduce it here as a fitting close to this chapter:-
"CIRCUIT COURT OF THE UNITED STATES, FOR THE
DISTRICT OF ILLINOIS.
"December term, A. D. 1842.
"Before the Honorable Nathaniel Pope, Presiding Judge:
{J. Butterfield and B.
{S. Edwards, Counsel
"Ex parte Joseph Smith {for Smith
on Habeas Corpus. {J. Lambourn, Attorney
{General for the State
{of Illinois.
(page 621) |
