THIRTY-FOUR
(1839)
Joseph surrendered his liberty for the sake of the people and faced death. While imprisoned in Liberty Jail,
he began to lose hope. His escape was planned by non-Mormons, influenced by Timothy. The Saints sought
for vengeance, while Brigham Young and Sidney Rigdon sought greater authoritarian rule. Once
out of prison, Joseph did what he could for the people, while mourning their inevitable downfall.Court-Martial Averted, but Imprisonment was Not
At the end of October 1838, Joseph surrendered to General Samuel D. Lucas of the
Missouri militia to put a stop to the war with the Missourians.^1 Lucas held a court-martial
immediately and ordered Joseph and other leaders to be shot the next day.^2 General
Doniphan interceded and saved Joseph’s life. Doniphan argued correctly that Joseph was
not a military leader; therefore, he did not have to submit to a military court.^3 Disappointed,
but convinced, Lucas nevertheless paraded Joseph and the other prisoners through the
towns of Independence and Far West in an effort to show the people of Missouri that the
government was now in control of the situation.^4
The prisoners^5 were taken to Richmond, Missouri and placed under the civil
jurisdiction of Judge Austin King, who was a known anti-Mormon. King had published a
letter in the Missouri Argus a few weeks earlier accusing the Mormons of arson and murder.^6
Joseph didn’t stand a chance in King’s court. Alexander Doniphan knew what he was doing
in allowing General Lucas to remain in charge of the prisoners’ disposition. If he took over
the responsibility of military custodianship of Joseph from General Lucas, then he would
not be able to defend Joseph as a civilian lawyer. Therefore, to avoid a conflict of interest,
Doniphan temporarily shed his military colors and represented Joseph before Judge King as
his defense attorney. Doniphan, among others who Joseph had hired, did the best he could
in front of the obviously biased and drunken judge and equally drunken grand jury.^7
Many apostates testified against Joseph—including John Whitmer, one of the
eight witnesses who years before had signed the affidavit confirming that he had seen
the gold plates. After the Kirtland dissension, Whitmer began telling others secretly
what Joseph had asked them to do. Eventually, each of the eight witnesses (including
William Smith, but excepting Hyrum and Joseph Sr.) told enough to reveal the secret
that they swore to protect throughout their lives. In addition, Sampson Avard lied and
testified that Joseph ran the Danites. None of the testimonies was necessary, however.
Judge King’s mind was made up long before Joseph stepped into his court. It did not
matter what the prosecutors or the defense said, Joseph was bound over for trial and
transported to Liberty, Missouri to be incarcerated until the day of his trial.
Joseph’s Experience of Almost Six Months in Liberty Jail
Joseph entered the Liberty Jail on November 30, 1838 to await trial. The judge would
have found him guilty and ordered him hanged had not Governor Boggs and Doniphan
intervened. Joseph had trusted Timothy with his life, by surrendering as he had been