Richmond Mormon Trials, 1838

    MMFF Newsletter, Number 36, February - July 2005

                                                              

 

Six men were taken prisoner as hostages in Caldwell County, Missouri on the 31st of October 1838.   They were Joseph Smith Jr., Hyrum Smith, Lyman Wight, Sidney Rigdon, Parley P. Pratt and George W. Robinson.  When Far West surrendered, General Lucas disbanded the main force of the militia, leaving General Wilson to take the six prisoners to Independence the next day.  The prisoners were taken in a wagon from Far West on November 1st.  They traveled about 12 miles the first evening and slept on the ground having fresh beef roasted in a fire on a stick.  Inhabitants along the way took curious looks at the prisoners.  General Wilson is represented as saying to Pratt, “That old bigot, Clark, would shoot you down in a minute, but all I and Lucas want is to let the people of Jackson County have a look at you to see what a damned set of fine fellows your are.” [PPP p. 207]  General Clark sent word to Colonel Sterling Price to intercept General Wilson and take the prisoners to Richmond for trial.   But that did not happen and they were taken to Independence, Missouri, arriving on November 3rd.   They were held there, first in a log building on the north side of the square (present Cinema site) and then in the Noland House (hotel) at the NW corner of Main and Maple streets, facing Main Street.

When the 6 prisoners arrived in Independence their wagon stopped in front of the Noland House. There Joseph Smith stood up in the wagon and, at their request, addressed the crowd that was assembled, fulfilling his prophesy that he would preach again in Independence.   The Mormon prisoners were generally warmly received and given some liberties to converse with people and go places including a visit to the Temple Lot and the well known dinner at General Wilson’s home.  General Clark repeatedly ordered them to be taken to Richmond.   The citizens of Independence were reluctant to let them go.  General Clark insisted and they were escorted by militia from Independence to Richmond, Missouri, where they were secured in a “vacant log house” a block north of the courthouse square.

                 General Clark to Far West

General Clark arrived at Far West on the 4th of November.  His first important move was to arrest another group of churchmen.  He exhibited the newly arrested 46 men on his list in the streets of Far West on the 6th and harangued the crowd.   Willliam Allred says they were shut up in a Storehouse in Far West where they were cold and hungry.  The next day these 46 prisoners were marched toward Richmond.  From another source we learn that they made camp after thirteen miles where the prisoners roasted some of the corn which was provided for the horses, to satisfy their human hunger.   These 46 men, named on Gen. Clark’s list, were arraigned on the 13th of November in Richmond.

 

                 From Another Perspective

In a sketch of the life of James Henry Rollins, dictated by him to his daughter, Mary Osborn, and later re-written in 1924 by his youngest daughter, Idah M. Rollins Hamblin, with the assistance of Melissa R. Lee Heyborn [typescript HBLL], we can learn more about that incident. First I will summarize a little, very informative background information from that sketch.

 

John Porter Rollins died about 1820 or 1821 leaving a widow and three small children who were James Henry Rollins (1816-1899) and two younger sisters, Mary Elizabeth and Caroline Rollins.   The reader will remember the actions of the girls in Independence in 1834 in gathering the Book of Commandment pages.   Their mother’s sister Elizabeth who took James Henry to raise as her own was then the wife of Sidney A. Gilbert.  These close family ties play an important part historically in the way things happened.  Intermarriages with non-Mormon families also played a significant part in the succession of events. 

Of the three Rollins siblings, James Henry married into a family who were members.  Mary Elizabeth married a man who did not join the church but who followed the church migrations and whose family remained friendly.   Caroline married a member who apparently became disaffected.  She died in the early 1850s, hence we know very little about Caroline, while we know considerable about James Henry and Mary E. who lived long, went to Utah and told their stories. 

Mary Elizabeth was also acquainted with Lilburn Boggs.  While living in Independence, she helped Peter Whitmer who was a tailor living in Lilburn Boggs’ home.  She helped to make “fine ruffled bosum shirts” for Lilburn Boggs and assisted in other sewing there.  These positive associations would be very beneficial later.  The associations affected the actions of Caroline’s husband as you will see, and even the actions of Lilburn Boggs.

 

 In Far West after the Battle of Crooked River and Haun’s Mill, James Rollins tells of preparations made to defend themselves.   Gen. Clark had not yet arrived but Rollins credits the army to Clark.   “We tore down many log houses and made breastworks of them.”   He then tells of the surrender:

Bogg’s army appeared on Goose Creek with five thousand men [an exaggerated estimate, it only seemed like 5000, closer to 500 – awc].   I was on guard most of the night, which was a little rainy and very dark.   The captain of the guard told me he would go home to get something to eat and would return in a short time.   But he did not return; he buried his own sword and did not appear among us any more.   The next day, as we were all gathered at the breast-works, we seen four men approaching us from the army with a white flag.  Two of us boys were ordered to go and meet them with a flag of truce, namely James H. Rollins and Chauncey L. Higbee.   A considerable fuss was made by Hinkle to get a piece of white cloth.  At length, one man tore off his shirt flap, and tied it on a stick, and we both started, armed with our pistols, and knives, myself carrying the flag.  We went and met the men who were coming up from the army; they were to wit, a Mr. Huggins, a Mr. Gingell [sic] and two of the Pomeroy brothers.   They talked very saucey to us because we met them with arms, they having none.  I told them that we did not know what kind of men we were to meet.  They asked many questions regarding the people that were in Far West, [Gov. Boggs wanted] Sister Adam Lightner and family, John Clemison’s family to come out of town and they would kill all the rest.  I told them that Mrs. Lightner was my sister [Mary Elizabeth Rollins], and she did not want to go and leave the town, and I said I would stand by her regardless of life or death. Soon after this the army came up near our breast-works which was west of the town [confused in direction, it was south], nearly half a mile.   Here they formed themselves into a hollow square.   Col. Hinkle had given up the town to General Clark, [sic, Gen. Lucas, Clark was not there yet] and others of the army, and we were ordered first to march out to the army and give up our arms.  We marched out, playing with the band, Washington’s death march.  We marched into the hollow square.   At this time I saw, as I turned around, two of the Jackson County mob whom I knew, namely Tom Wilson and William Baker.   They jumped the barricade with the horses.  I then threw my drum from my shoulders and gave it a kick which rolled it into the square and followed these men up into town, where I found them before [his stepfather] John M. Burk’s tavern talking with two women, namely Mrs. George Harris and my aunt Elizabeth Gilbert.   I charged them severely for talking to such men as they were our enemies, and had come to destroy us as a people.   They said to me, “Why Henry, we will not hurt them.  We did not come to destroy the women; but wanted the men to be subject to the law.”  These men went riding over the town after this, while the brethren were giving up their arms in the square [south of town], and prisoners were being taken out of their number that were in the square.   Joseph and Hyrum were taken prisoners and threatened by many of the officers of the army to be shot or hung, but General Donaphan and Atchison who were at the head of the Liberty Grays, said they would leave the army entirely if such proceedings were carried out. ...

About this time [prisoners being taken] the Lightner brothers came up with a wagon, a prairie schooner, and they took Cleminson and family, and Adam Lightner and my sister, his wife [Mary Elizabeth (Rollins) Lightner], and family into this wagon.  I was assisting them in loading their bedding and they plead with me to go with them, and take my young wife [Evaline (Walker)] along, whom I had married on the previous September 4, 1838.   They finally persuaded me to go and they secreted me in the bottom of the wagon lying with my face downward, and they threw bedding on top of me, and when they left I was in this position and remained thus until we had passed safely through the army, and for several miles distance, when I was relieved of this tiresome position.   We camped some 15 miles distance from Far West that night in the open prairie, and made our beds on the ground, and when we awoke in the morning there was 2 or 3 inches of snow above us.

 

The group proceeded on through Richmond and arrived at Pomeroy ferry.  The women and children were taken in the yowl [small boat] and the wagon and team in the ferry boat.   Lightner and Rollins crossed together after the small boat came back for them.  The river was filled with floating ice.   They went on to Abner / Abiah Lightner’s house near Lancaster, Missouri where he stayed about 5 days before a man named Raglin from Daviess County came looking for Mr. Rollins to pay for land.   Then two other men from Richmond came looking for him as a witness.   Rollins continues:

They then ordered me to get on to one of the horses behind one of them.   It was snowing very hard at the time.   We went to the river where the ferry boats were lying awaiting their return.  We crossed the river among the flowing ice.  The ferryman, Mr. Harwood, grinning at me, by whose means I was traced to Lightner’s house.  I then mounted as before behind one of the soldiers, and arriving at Richmond court house, when General Clark appeared at the door, the men saying, “here is the man you sent us for.”   He said, “You get down off the horse, and go in the bull pen where sure enough there I found some 40 or 50 of our brethren...

I was called the next morning when court had convened and the state prosecutor read the charges which were treason, murder, arson, larceny, burglary.   He asked me if I was guilty of any of these.   I told him, “No, sir, I am not guilty of none of them.”   About 11 o’clock the Prophet Joseph and Hyrum were brought into the court department which was situated on the same floor were we were kept.   A pole was stretched across to keep us back from Judge King and his court.  I stood, close to the pole, at the back of Joseph and Hyrum, and the lawyers Donaphan and Atchison.  A man was brought in as witness against me, by the name of Odel, who testified that I had burned his house.   I spoke openly, as I stood behind Joseph and Hyrum, that he was a curly headed liar.   Joseph turned his head toward me and said, “Shaw, Henry, don’t say anything.”  This saying caused some consternation in the court room.  What was done about it, I don’t remember.   We were kept prisoners for several weeks. 

 

That puts us a little ahead of the story, so let us go back a little and take a look at who the prisoners  in Richmond were.  In the compiled list below the first prisoners are numbered in the order in which they were chained together in the log building in the block north of the square.  In a letter written to Emma from Richmond by Joseph Smith he says:  “Brother Robison is chained next to me he has a true heart and a firm mind, Brother Whight, is next, Br. Rigdon, next, Hyram, next, Parely, next Amansa, next, and thus we are bound together in chains as well as the cords of everlasting love, we are in good spirits and rejoice that we are counted worthy to be persecuted for Christ sake, tell little Joseph, he must be a good boy, Father loves him With a perfect love, he is the Eldest must not hurt those that Are smaller then him, but comfort them tell little Frederick, Father, loves him, with all his heart, he is a lovely boy. Julia is a lovely little girl, I love her also She is a promising child, tell her Father wants her to remember him and be a good girl, tell all the rest that I think of them and pray for them all, ___ Babbit’s waiting to carry our letters for us.  the colonel ^ J___ is inspecting them.  Therefore my time is short.  My little baby Elexander is on my mind continuly Oh my affectionate Emma, I want you to remember that I am a true and faithful friend, to you and the children, forever, my heart is intweined around you[r]s forever and ever, oh may God bless you all amen you I am your husband and am in bands and tribulation &c—   to Emma Smith    Joseph Smith Jr.     P.S. write as often as you can, and if possible come and Stay, . . .”

The compiled list below is in alphabetical order after the first six names.

 

THE PRISONERS:

Names of Prisoners                                                                    Disposition after preliminary hearing

1 Joseph Smith Jr.                   arrested 31 Oct                             Liberty Jail

2 George W. Robinson             arrested 31 Oct                             released from Richmond jail on bail $1,000

3 Lyman Wight                       arrested 31 Oct                             Liberty Jail

4 Sidney Rigdon                      arrested 31 Oct                             Liberty Jail; released

5 Hyrum Smith                       arrested 31 Oct                             Liberty Jail

6 Parley P. Pratt,                     arrested 31 Oct                             kept in Richmond Jail; Boone co, escape

Isaac Allred                         named by J. Henry Rollins

James Allred                        named by J. Henry Rollins

Martin C. Allred                   arraigned 12 Nov                           discharged before end of hearing, 24 Nov

William Allred                      arraigned 12 Nov                           discharged before end of hearing, 24 Nov

Caleb Baldwin                      arrested later                                 Liberty Jail

Thomas Beck                       arraigned 12 Nov                           ?

Samuel Bent                         arrested during hearing                   released from Richmond jail on bail

Ezekiel Billington                  named by Hinkle as Danite

Ebenezer Brown                   arrested during hearing                   discharged before end of hearing, 24 Nov

John Buchanan                     arraigned 12 Nov                           discharged before end of hearing, 24 Nov

Darwin Chase                      arraigned 12 Nov                           kept in Richmond Jail

Moses Clawson                    arraigned 12 Nov                           discharged after testimony closed /bef

Daniel Carn                          arraigned 12 Nov                           released from Richmond jail on bail $750

Benjamin Covey                   arraigned 12 Nov                           discharged before end of hearing, 24 Nov

Sheffield Daniels                  arraigned 12 Nov                           discharged before end of hearing, 24 Nov

Jonthan Dunham                  arrested during hearing                   released from Richmond jail on bail

John T. Earl                         arraigned 12 Nov                           discharged before end of hearing, 24 Nov

Elisha Edwards                    arraigned 12 Nov                           discharged before end of hearing, 24 Nov

King Follett                          arrested during hearing                   discharged / rearrested Apr 39; Boone co

David Frampton                   arraigned 12 Nov                           discharged before end of hearing, 24 Nov

Jacob Gates                         arraigned 12 Nov                           released from Richmond jail on bail $500

Luman Gibbs                       arraigned 12 Nov                           kept Richmond Jail; acquit. in Boone co.

George D. Grant                  arraigned 12 Nov                           released from Richmond jail on bail

Clark Hallett                         appointed council during hearing     released from Richmond jail on bail

George W. Harris                 arraigned 12 Nov                           discharged after testimony closed /bef

Anthony Head                      arraigned 12 Nov                           discharged before end of hearing, 24 Nov

James M. Henderson            arraigned 12 Nov                           signed bail bond for others / on bail

Francis Higbee                     arraigned 12 Nov                           released from Richmond jail on bail

John S. Higbee                     arraigned 12 Nov                           released from Richmond jail on bail

Chandler Holbrook                arraigned 12 Nov                           discharged before end of hearing, 24 Nov

Sylvester Hulet                     arrested later                                 discharged before end of hearing, 24 Nov

Jesse D. Hunter                    arraigned 12 Nov                           Jos. released from Richmond jail on bail

Benjamin Jones                    arraigned 12 Nov                           discharged after testimony closed

George Kimbell                    arraigned 12 Nov                           released from Richmond jail on bail

Amasa Lyman                      arraigned 12 Nov                           discharged before end of hearing, 24 Nov

Silas Maynard                      arraigned 12 Nov                           discharged before end of hearing, 24 Nov

Alexander McRea                 arraigned 12 Nov                           Liberty Jail

Daniel S. Miles                     ?                                                  released from Richmond jail on bail

Isaac Morley                        arraigned 12 Nov                           discharged before end of hearing, 24 Nov

James Newberry                  arrested later                                 discharged before end of hearing, 24 Nov

Elijah Newman                     arraigned 12 Nov                           discharged after testimony closed /bef

Zedekiah Owens                   arraigned 12 Nov                           discharged before end of hearing, 24 Nov

Ebenezer Page                      arraigned 12 Nov                           released from Richmond jail on bail

Edward Partridge                 arraigned 12 Nov                           released from Richmond jail, bail $1,000

David Pettigrew                   arraigned 12 Nov                           released from Richmond jail on bail

Morris Phelps                      arrested later                                 kept in Richmond Jail; Boone co, escaped

Thomas Rich                       ?                                                  released from Richmond jail on bail

Alanson Ripley                     arraigned 12 Nov                           released from Richmond jail on bail

Ebenzer Robinson                 arraigned 12 Nov                           to Richmond Jail (not kept long )/ bail

J. Henry Rollins/Rawlins       his memoirs, arrested, to Richmond on horse behind a soldier / bail $500

Daniel Shearer                      arraigned 12 Nov                           discharged after testimony closed /bef

Norman Shearer                   arraigned 12 Nov                           kept in Richmond Jail

Allen J. Stout                       arraigned 12 Nov                           discharged before end of hearing, 24 Nov

John T. Tanner                    arraigned 12 Nov                           discharged before end of hearing, 24 Nov

Sidney Tanner                      arraigned 12 Nov                           released from Richmond jail on bail $500

Daniel S. Thomas                 arraigned 12 Nov                           discharged before end of hearing, 24 Nov

Alvin G. Tippets                   arraigned 12 Nov                           discharged before end of hearing, 24 Nov

Washington Voorhees           arraigned 12 Nov                           released from Richmond jail on bail $500

Andrew Whitlock                 arraigned 12 Nov                           discharged before end of hearing, 24 Nov

William Whitman                  arrested during hearing                   released on bail $500

Joseph W. Younger              arraigned 12 Nov                           released from Richmond jail on bail $500

Henry Zabriski                     arraigned 12 Nov                           discharged before end of hearing, 24 Nov

 

                           Log House &

               Unfinished Brick Courthouse

When the original 6 prisoners arrived in Richmond from Independence on November 9th  1838 there were nearly fifty others, mostly heads of families, who had been marched from Caldwell on foot (distance 30 miles), and were penned up in a cold, open, unfinished court house, in which situation they remained for some weeks, while their families were suffering severe privations.   [PPP 227]   See the list above for names. 

A Court Martial was abandoned and the prisoners were turned over to civil authorities for an examining trial or hearing.

The court of inquiry was begun before Judge Austin A. King on the 13th of November and ended on the 28th of November.   During that time the original 6 prisoners were kept in chains most of the time and were in the log building about a block from the square to the north.   The 46 prisoners brought to Richmond directly from Caldwell County were at the same time in the unfinished brick courthouse in the center of the town square. [PPP 228]  When others were arrested later they were also kept in the unfinished brick courthouse.

Ebenzer Robinson wrote:

At Richmond we were taken into the courthouse, which was an unfinished brick building, with no inside work done except a floor laid across one end, some sixteen or twenty feet wide.   There were two large fireplaces built in the wall where the floor was laid.  A railing was built across the room at the edge of the floor, and we were quartered inside the railing as our prison, with a strong guard inside and outside the building.  [The Return 2:234]

Two three-pail iron kettles for boiling our meat, and two or more iron bake kettles, or Dutch ovens, for baking our corn bread in, were furnished us, together with sacks of cornmeal and meat in the bulk.   We did our own cooking.  This arrangement suited us very well, and we enjoyed ourselves as well as men could under similar circumstances.   We spread our blankets upon the floor at night for our beds, and before retiring, we sang an hymn and had prayers, and practiced the same each morning before breakfast.

Tuesday November 13, a space on the south end of the floor in the courthouse was appropriated for the use of the court, which convened on that day, with Austin A. King on the bench, and Thomas C. Burch, state’s attorney, when the prisoners [from Independence], together with those confined in the courthouse, were arraigned for trial, viz: [names listed as shown in the compiled list].    [The Return, 2 (March 1890) p. 234]

 

Not all of the men kept prisoner in the brick courthouse remembered the experience as positively as Ebenezer Robinson.  Edward Partridge wrote:

We are confined in a large open room, where the cold northern blast penetrated freely.   Our fires were small, and our allowance for wood and food scanty, they gave us not even a blanket to lie upon; our beds the cold floors, the vilest of the vile did guard us and treat us like dogs; yet we bore our oppressions without murmuring; but our souls were vexed night and day with their filthy conversation for they constantly blasphemed God’s holy name.

 

                  Ray County Courthouses

The present courthouse in Richmond was built in 1914.  The first courthouse was built of logs nicely hewn and skillfully fitted and completed August 13, 1829.  [This log courthouse may very well have been the “vacant log house” in the block north of the square used as a prison in 1838.  The temporary log courthouse would not have been built on the square which was to be occupied by the permanent courthouse, but nearby.  It was a county building and thus available. This needs more research in land records, etc.. – awc]   The unfinished brick courthouse that is referred to in 1838 was later described as a massive brick structure, patterned after the state capitol building in Richmond, Virginia.  It was under construction for twenty years.  Ebenezer Robinson described it as an unfinished building in 1838.  In the spring of 1914 the old brick courthouse was moved intact, except for the porch columns, to South College Street and used as an apartment house.  The 1925 Sanborn map shows it as the U.M.W.B. Miners’ Hall, 209 S. College Street, and later Sanborn maps show it as an apartment house.  The 1838 “unfinished brick courthouse, completed in 1855, was razed in 1963.