| 748 for the prosecution expressed their wish to me that the prisoners should be brought out of jail for examination. They were answered that the prisoners had already been committed, and that the justice and constable had no further control of the prisoners; and that if the prosecutors wished the prisoners brought out of jail, they should bring them out on a writ of habeas corpus or some other due course of law. The constable after this conversation went to the jail with the following order to the jailer:-
"STATE OF ILLINOIS}
Hancock County.}
"To David Bettisworth, constable of said county--
"You are commanded to bring the bodies of Joseph Smith and Hyrum Smith from the jail of said county, forthwith, before me at my office, for an examination on the charge of treason, they having been committed for safe keeping until trial could be had on such examination and the State now being ready for such examination.
"Given under my hand and seal this 26th day of June, 1844.
"(Signed,) R. F. SMITH, J. P. [L. S.]
And demanded the prisoners, but as the jailer could find no law authorizing a justice of the peace to demand prisoners committed to his charge, he refused to give them up until discharged from his custody by due course of law. Upon the refusal to give up the prisoners, the company of Carthage Greys marched to the jail, by whose orders I know not, and compelled the jailer against his will and conviction of duty to deliver the prisoners to the constable, who forthwith took them before Justice Smith, the captain of the Carthage Greys. The counsel for prisoners then appeared and asked for subpœnas for witnesses on the part of the prisoners, and expressed their wish to go into the examination, as the witnesses could be brought from Nauvoo to Carthage. The justice thereupon fixed the examination for twelve o'clock on Thursday the 27th inst.; whereupon the prisoners were remanded to prison.
"Soon after a council of the military officers was called by the Governor, and it was determined to march on the next morning, the 27th inst, to Nauvoo, with all the troops,
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