Carthage Conspiracy: The Trial of the Accused Assassins of Joseph Smith

by Dallin H. Oaks, Marvin S Hill

Carthage Conspiracy deals with the general problem of Mormon/non-Mormon conflict, as well as with the dramatic story of Mormon prophet Joseph Smith, his brother Hyrum, and their alleged assassins. It places the infamous event at the Carthage jail (1846) and the subsequent murder-conspiracy trial in the context of Mormon and American legal history, and deals with the question of achieving justice when crimes are politically motivated and popularly supported.

Genres: History, Religion, Lds, Nonfiction, Church, Law, Church History

274 pages, Kindle Edition

First published October 1, 1975

About the author

Dallin Harris Oaks is an American attorney, jurist and religious leader. Since 1984, he has been a member of the Quorum of the Twelve Apostles of The Church of Jesus Christ of Latter-day Saints (LDS Church). He is a former professor of law at the University of Chicago Law School, a former president of Brigham Young University, and a former justice of the Utah Supreme Court. In the 1970s and 1980s, Republican U.S. presidential administrations considered him as a potential nominee to the United States Supreme Court. Currently, he is the second most senior apostle among the ranks of the Church.

Reviews

[thethousanderclub · Rating 4 out of 5]

Latter-day Saint Sunday school classes are filled with commentaries, quotes, and doctrine related to the early years of The Church of Jesus Christ of Latter-day Saints. Those formative years of a growing but bewildered new religion are sources of inspiration (and sometimes controversy) for Latter-day Saints. In the Nauvoo period in particular, Latter-day Saints explore the assassination of Joseph and Hyrum Smith mostly as it relates to the Saints' eventual exodus to the West, leaving behind the more nuanced circumstances of who and why. Carthage Conspiracy: The Trial of the Accused Assassins of Joseph Smith lets the reader linger and learn some of those nuances.

To begin with, I greatly underappreciated how much politics played into the assassination of Joseph Smith. Although he had declared himself to be a candidate for President of the United States of America, the real political forces working toward his demise were local. With the Saints' growing population in Nauvoo and by extension Hancock County, Illinois, the "old citizens" became increasingly worried over the shifting political balance. It is the nature of a democratic government to reflect the majority of those it governs. Therefore, with more Mormons comes more Mormon public officials or those sympathetic to Mormon interests. Although religious bigotry and persecution was clearly an element of the Saints' eventual expulsion, the more interesting story—in my opinion—is how those anti-Mormon feelings fed into political agitation and upheaval.

Dallin H. Oaks and Marvin S. Hill's recreation of the conspirator's trial doesn't exactly explode off the page but was enthralling nonetheless. As mentioned earlier, well-known and much discussed Mormon history pivots after the martyrdom to the Western epoch and essentially leaves the fallout of the assassination to a small coterie of interested scholars. As a Latter-day Saint, I genuinely had no idea what the outcome of the trial would be, albeit I had my suspicions. As with any history, the true but refined version we're usually presented immediately becomes more subtle and opaque as you read the words of multiple witnesses—many of which had competing accounts to tell and disparate interests to protect. The trial is the central focus of the book and the periodic commentaries from the authors is instructive. In order to understand this trial, the reader must appreciate the workings of criminal law and the cultural influences of a different time and place.

Carthage Conspiracy is not for the layman when it comes to Mormon history. Although the authors attempt to provide as much background as possible to the events discussed, I imagine it would be difficult for a non-Mormon with little knowledge of the Mormon Church and its history to be able to understand or care much about what this book explores. I don't fault the authors for this since attempting to truly explain the origins of Mormon history and culture would be far too onerous for a book with a deliberately limited scope. I would think and hope that others who do have a background in Latter-day Saint history and culture would be able to enjoy this book. Although some may be turned off or confused by the commentaries on legal theory and practice, I found it utterly fascinating and appreciate this treatise as a lovely addition to my growing collection of books related to Latter-day Saint history.

Carthage Conspiracy is an exploration of a mostly unknown moment in human history (even for Latter-day Saints), which is of most interest to a very small group of people. It is nonetheless worth reading, especially for Latter-day Saints. We honor the man who was assassinated, but what came of his accused assassins? Carthage Conspiracy provides the answer and pushes the reader on to many more compelling questions.

http://thethousanderclub.blogspot.com/

[~Bellegirl91~ · Rating 5 out of 5]

I honestly had never heard of this book until it was recommended to me be my a religious Institute teacher who brought it up in a class I was taking this last Summer and for these kinds of books I'll put on my TBR list, but it'll take a while to get to since of course being a mood reader has it's downside when you get distracted by too many other books.


Well, for some reason, this one in particular just kept calling to me and so I ended up getting it on my kindle and am I glad. I did end up finding this quite enjoyable for a few reasons:


1- My Religion: yes, I am a member of the Church of Jesus Christ of Latter-day Saints, or just to shorten it, The Church of Jesus Christ. We do believe in Joseph Smith, but we don't worship him. We worship Christ through Joseph Smith and we do believe he was a Prophet called of God to restore His true church here upon the earth again, but of course we don't look down upon other faiths. Those in the church who do unfortunately to me are not true members or disciples of Jesus Christ because we believe that all should worship how they want and should never look down upon anyone not of our faith. It's saddening to think members even I have known and former friends have done this and it's just sad. So not all of us are like that.

Oh, side note about Joseph Smith: Joseph Smith is in fact a first cousin to my third great-grandfather who was only 9 years of age in his 10th year when both Joseph and Hyrum Smith were murdered in Carthage jail in Illinois on June 27, 1844. Joseph was 38 when he was killed and Hyrum 44. So out of all the Prophets since Joseph Smith, all have made it to old age except for him since he died super young. Anyway, so the relation to me with Joseph and Hyrum they're my 1st cousins, 5x's removed. (however that works but that's the relation). So I'm not necessarily through Joseph's actual family line, only through one of the super young Smith cousins on his father's side of the family. So it's a fun little fact I like to bring up once in a while.


2- Church History: Okay, so I hear a lot of church history stories over the course of my years but this book was NOT really church history, but more like the other side of it so in a civil type story where any form of religion was off the table and it was the story and play by play of the trial of Joseph Smith of Hancock County, Illinois in the year 1846 I believe. It was seriously a fascinating case and story to get a different perspective of my cousin here and to learn more about the key players or possible murderers or those involved basically. Although in the end, those five or nine men indicted for either actually shooting Joseph, being a part of a conspiracy to have him and his brother killed, or at least being involved; they were acquitted. I could be upset or saddened, but since it was so long ago, I just know that God knew exactly what happened, who was involved, who killed His servant, and so in the final Judgement when He would judge those men, Joseph did get I'm sure no doubt the justice he needed.


The day however that Joseph and Hyrum were killed, it was as if Joseph and Hyrum knew once they came to Carthage, they were never going back to their families, and yet, had faith and courage to go anyway, knowing they both were going to die. So the day they were killed, a mob of men had rushed up to the room they and others' were staying in, trying to break down the door, and a bullet at some point hit Hyrum smith in the face, knocking him backwards, and Joseph ran to him as another bullet struck Hyrum in the chest which was actually the killing blow, and it's said and recorded by those other men there that Jospeh held his dead brother and Hyrum's last words basically were to his younger brother as Joseph was holding him, "I'm a dead man, Joseph!" and when Hyrum died in his arms, Joseph cried in anguish no doubt, " Oh! my poor, dear brother Hyrum!"



3- Other side of this story: As you can see, I grew up with this story but also having this perspective of church history, this book, Carthage Conspiracy was basically as if religion was off the table, Joseph being a prophet of God was off as well, and he was tried as any other state and county citizen who would get a fair trial. Overall, to get a civil POV of the aftermath and trial told in such a way as this was, as I said earlier, it was interesting and fascinating. But it was also deep too and I could only take so much, but this was I have to say a seriously well written book and glad my institute teacher recommended it to my class and that I decided to jump right into it. If I hadn't taken the class where he mentioned it, then I guess I would never hear of this book and I would never have read it.



Overall: If you believe in the church or not, but like court and trial stories and whatnot, and you look as this book written in a civil matter and not religion, it truly is interesting and it may surprise you also to learn how a few things in court or those tried/indicted for certain crimes were done in the state of Illinois during that time which I also found interesting on that part as well. So solid 5 stars for this one.

[Jared Cook · Rating 3 out of 5]

This book was interesting. It describes the day-to-day mechanics of the trial of the men who were for the murder of Joseph and Hyrum Smith, gives the history of the major players in trial, and places it all in its historical political context. The daily maneuverings and motions of the trial are interesting to a lawyer, perhaps less so to the casual reader, but the narrative doesn't bog down in legal minutia to the point of being unreadable.

The major themes of the book are rule of law vs. popular sovereignty. In one sense, both the Mormons and their neighbors believed in allegiance to a "higher law." In the Mormons' case, the higher law was God's law (though it should be noted that in Mormon teachings, obedience to "earthly" law is also an important tenent). This made their neighbors extremely uncomfortable because the messenger of God's law happened to be a very popular and charismatic dude who also happened to hold a lot of local political influence. In the case of the defendants, their idea of higher law was the notion that the law, as enacted by legislatures, is illegitimate unless it has popular approval. Thus, they argued, the law against murder was illegitimate and could not be used to convict when the particular killing at issue was approval by public opinion. This fits in with the ugly southern tradition of lynching and vigilante justice.

[Clark · Rating 4 out of 5]

This was a fascinating book. I remember my dad reading it in preparation for a talk several years ago. I didn't remember much of what he said about it, but I certainly did remember the awful color of the book cover!

As far as the content goes, I have to disagree with many of the reviews I read. I found the portrayal of the legal maneuvering during the trial to be really interesting. The changes in our legal system since that time would render much of the posturing and strategy seem archaic and useless today, and yet who knows if the outcome would be different.

I walk away from this book recognizing that the story of the martyrdom of the Prophet and his brother, as well as the plight of the Saints during that time, can not be fully appreciated today.

[Therese · Rating 3 out of 5]

This is about the murder of Joseph Smith by a mob and the ensuing "trial." There are a lot of good facts, and the authors were meticulous which they should have been since they are lawyers. However, it does read like a legal brief which is why I could only give it three stars.

[David Sylvester · Rating 4 out of 5]

Very thorough history of a trial of murderers and conspirators that were set free after killing innocent men and striving to destroy a people who wanted to worship God. One thing is for sure, they now all face the Great Judge of all mankind, and their murders are known to Him.

[David Cook · Rating 4 out of 5]

BOOK REVIEW - Carthage Conspiracy, by Dallin Oaks and Marvin Hill (1985)

Dallin Oaks was serving on the Utah Supreme Court when I was in law school. I frequently saw him doing research seated at a table in the basement of the BYU law library during my 1L year. I respected his privacy but mustered up enough courage to say hi to him. It was about that time that my father gave me this book. Oaks, whose legal background as a University of Chicago law professor shines through, and historian Marvin S. Hill, the book provides both rigorous legal analysis and careful historical reconstruction. The combination makes for a compelling but sometimes dense work—heavy on legal detail, as one might expect from Oaks, yet essential for understanding why the trial ended in acquittal despite overwhelming evidence of guilt.

The central story is familiar: Joseph and Hyrum Smith were murdered in June 1844 at Carthage Jail, the victims of a mob that resented their leadership in Nauvoo and feared their growing influence in Illinois politics. What followed was a trial of several accused conspirators, which, at least on paper, promised to bring justice. Yet as Oaks and Hill show with painstaking detail, the trial was a sham from beginning to end.

Nearly every procedural safeguard that might have secured a fair trial was compromised. The jury was composed of men openly hostile to the Saints, some with clear ties to the defendants. Potential jurors who might have been impartial were excluded or intimidated. The prosecution was weak and disorganized, while the defense was allowed broad latitude to introduce inflammatory arguments against Mormonism itself rather than evidence related to the crime.

Particularly striking was the way the court permitted irrelevant but prejudicial rhetoric about Joseph Smith’s alleged abuses of power in Nauvoo. Rather than being judged on the narrow question of whether the defendants participated in murder, the trial became a referendum on Mormonism’s place in Illinois. In this way, the very structure of the legal proceedings worked against justice. Oaks and Hill note that the trial was, in practice, less about the killing of a man than about the community’s desire to rid itself of an unpopular religious minority.

The not-guilty verdicts shocked no one. As the authors observe, acquittal was practically inevitable given the bias of the jury and the tone of the trial. What makes the book valuable is its careful documentation of how the outcome was achieved—not merely through mob violence, but through the formal legal system itself. The court and jury offered a veneer of legality to what was essentially communal complicity in murder.

For readers with a legal background, Oaks’ analysis is especially sharp. He identifies decisions that were plainly wrong by contemporary standards of criminal procedure: the failure to exclude biased jurors, the leniency toward inflammatory arguments, and the lack of prosecutorial zeal in presenting evidence. These failures, taken together, ensured that the trial served as a stage play of justice rather than its reality.

Beyond its legal analysis, the book contributes to a broader understanding of Mormon history. The trial epitomized the precarious position of the Saints in Illinois: tolerated but never truly accepted and ultimately denied the protections of citizenship that others enjoyed. As the authors show, the acquittal was not simply the product of one trial gone wrong, but a reflection of a society unwilling to extend equal justice under law to an unpopular minority.

The implications reverberated far beyond Carthage. The Saints quickly understood that legal recourse in Illinois was futile. Their leaders dead, their community under siege, and justice denied, the stage was set for the exodus westward. In this sense, the acquittals were not only a legal failure but a turning point in Mormon history. Although, at times the book can be a bit dense in legal exposition, Carthage Conspiracy is an indispensable account of the trial that failed to punish the killers of Joseph Smith.

Quotes

“The outcome of the trial was a triumph of prejudice over law. The procedures were observed in form, but the substance of justice was subverted by jurors who had already determined that the accused were to be acquitted. What passed for justice in Carthage was only a thin veneer covering a deeper animus against the victims and their followers.”

“The acquittal of the defendants was not merely a failure of one trial, but a failure of an entire system. It revealed the unwillingness of Illinois society to extend to the Latter-day Saints the protections of citizenship, and it demonstrated how law, when bent by popular will, can serve as an instrument of exclusion rather than a safeguard of rights.”

[Craig · Rating 5 out of 5]

This is a very comprehensive look (insofar as historical information is available) at the five men indicted for the murder and conspiracy to murder Joseph Smith in June, 1844, and the events surrounding their indictment. The authors have researched and extensively documented the events in Mormon history which predated the killing of Joseph and his brother Hyrum at Carthage, Illinois, the political climate of western Illinois at the time (which was a significant factor in events leading up to the killings), the political, religious and economic differences between the Mormons and non-Mormon living in Hancock County during the 1840s, the indictments of the accused, the subpoena of witnesses, the presiding judge, the prosecuting attorney and defense counsel, the trial itself, the legal theories and arguments advanced by both sides, and the maneuvering at trial. The book also discusses conditions in Hancock County in the aftermath of the verdict, the escalating persecution of the Mormons from 1845 through their exodus in 1846, and the subsequent events in the lives of some of the accused, witnesses, prosecuting and defense attorneys and judge. The countless citations at the end of each chapter given to support facts presented demonstrate that the book was extensively researched and documented. I was particularly interested in discussion of the evolution of law and jurisprudence discussed in Chapter 12. There was a good analysis of the notion of "jury nullification" which may have played a part in the final verdict rendered. Though the authors are both LDS, I was impressed that the narrative was presented objectively without subjective bias. It was a well-written and informative read.

[Larsen · Rating 4 out of 5]

Everyone with any interest in Joseph Smith should read this book. Quoting the most significant sentence, the first sentence in Chapter 2 on page 6, "The murder of Joseph and Hyrum Smith at Carthage, Illinois, was not a spontaneous, impulsive act by a few personal enemies of the Mormon leaders, but a deliberate political assassination, committed or condoned by some of the leading citizens in Hancock County." It was after I heard of this sentence that I decided to read the book while I was a senior missionary in Nauvoo where Elder Dallin H. Oaks spoke to us twice and told us about his doing the research for this book when he was a law student at the University of Chicago. He was allowed access to court records which had been stored but probably never touched. Six months later he sought a second access to the same records, but they could not be found. I read very thoroughly (as I usually do) trying to grasp everything including details in the chapter end notes and annotations. There were times when it was drudgery to wade through the in-depth historical legalities, so I have given it 4 stars even though it unquestionably deserves 5 stars. I began to read it a second time seeking the more meaningful information for me and have not completed this personalized more meaningful read.

[Aaron · Rating 5 out of 5]

This book has sat on my shelf for years. I wish I would have read it long ago. With solid church history and extended discussions of trial strategy and procedure in the mid-1800's, this book couldn't be anything but perfect for me. I particularly liked the analysis of jury nullification and whether that's really what happened in the trial of the five men indicted for the murder of Joseph Smith.

And I promise I've seen several old attorneys during my few years of practicing law that were like the prosecutor in this book. Their glory days are behind them, but they don't seem to realize it. They survived the tiring, brutal, and harsh demands of those glory days, but only with lots of substance abuse, chest beating, and a complete shunning of any family responsibilities. And now, all they have left is the lingering damage caused by living through those glory days: debilitating alcoholism, muddled analytical ability, dangerously extreme hubris, and a monthly alimony obligation.

[Cindy · Rating 2 out of 5]

Despite the clear title, Carthage Conspiracy: The Trial of the Accused Assassins of Joseph Smith, I was expecting something different. I guess I was expecting a biography of the people involved, and maybe some reflection about the ultimate fate of the church, the Smith family, etc. But what I got was just what the title suggests - the trial. First the effort to identify the people responsible. Then all about the legal system of Hancock county Illinois at the time, and the political and social makeup of the area. Then finally the actual trial process. If I were a legal scholar, it would probably be interesting. But I am rather bored by the whole trial process. The part before and after is what I was interested in, so I don't think that I will finish this one. I may give it another glance through, but that's it.

[John · Rating 3 out of 5]

Very interesting look into the trial of those that killed the Prophet Joseph. It is a window into how the justice system worked (or really didn't work) back in the 1840's with considerable detail about juries, witness collection, and lawyer posturing. It was very different from "Law & Order" of our day. The outcome is predictable, yet still tragic. Whether or not you accept Joseph Smith as God's prophet, everyone can agree a mob murder like this is a tragic event and it is a mockery of justice that those responsible were never held to account (in this life).

Recommended for anyone who likes history and is curious about the details of Smith's assassination.

[Jacob Lines · Rating 5 out of 5]

What happened to the men that killed Joseph and Hyrum Smith? You may have heard that they all died terrible deaths, evidence of divine retribution for their deeds. But that isn’t quite true. Many of them did very well in later life, becoming mayors and legislators and generals – pillars of their communities. This book details the legal proceedings that took place after the Martyrdom, whereby the governor of Illinois tried to vindicate the state’s honor by holding the murderers accountable. It is an interesting story, and the authors researched it extensively and present a detailed picture of what the judicial system was like and why and how the murderers were all set free.

[Kathy Gover · Rating 4 out of 5]

A great detailed history of the trial of the martyrdom of Joseph Smith. I was impressed with all the research and info about Nauvoo and the history of the LDS church during the early days of its growth. It was not an easy read with the often tedious intricasies of the trial with early 19th century quotes and culture of the day. However, it was heartbreaking to read how two cultures clashed with how problems were solved in the day with such violence and intolerance. It will be a re-read in the future.

[Rick · Rating 4 out of 5]

It was interesting to see how heated the environment was after Joseph Smith's death. His enemies felt perfectly justified in essentially executing him.

I thought Oaks did a great job of providing the historical background. Most of Mormon history in Nauvoo pretty much ends with Joseph Smith, and the Mormon Exodus. It was nice to find out what else was going on in addition to these 2 events. It certainly was a trying time, and the war fervor between Mormon and anti-Mormons was quite high even after Joseph's death.

[Mary Robbins · Rating 4 out of 5]

It took me awhile to finish this book. I got bogged down in the massive amount of detail about the events. I also found it hard to keep track of all the different players, especially since I put it down for a year. About halfway through I became invested and was able to finish it. The second to last chapter was particularly interesting to me, as it covers events after the trial that lead to the church's exodus from Nauvoo.

A very interesting book on an under reported part of the church's history.

[Chad · Rating 3 out of 5]

This book was not what I expected. I have it three stars because it was hard to read. Many footnotes were crucial to the story, so you had to flip back and forth for those.

I wanted a book about the people suspected in Joseph's killing, and about their lives and fate following. The afterword of this book covers that info in a matter of pages.

The rest of the book is a lot of detail about the trial itself. It's well written and informative, so don't let the three stars chase you away. Like I said, I gave it three stars due to my expectations, and the books inability to meet them.

[Greg Newkirk · Rating 5 out of 5]

Flows well

A page turner of a legal and historical treatise. It is a sad and disappointing story, a tragedy. But it provides a great insight into conspiracy and extra-legal philosophy, explaining the deeper resources of reasoning and justification for murder. It is disturbing in its revelation that many people can be of like thinking in that they lack basic human decency while functioning normally in all other aspects of social life.

[Anna · Rating 4 out of 5]

This was a very detailed description of the trials for the members of the mob who killed Joseph Smith. It was historically fascinating and really well documented, but straight fact so if you don't like reading history textbooks, this probably is not for you. It was heart-breaking at times to read how the Saints at the time were treated in court.

[Jill · Rating 3 out of 5]

This was an interesting historical account of the trial for the murderers of Joseph Smith. Elder Oaks put down the facts with no prejudice at all in favor of the mormons; he really just wrote how both sides of the conflict acted. This book was somewhat difficult to read, but I enjoyed learning about this piece of history that I have not studied before.

[Lafe · Rating 5 out of 5]

This book is written as a look at our jury system of law, using the trial of the accused murders of Joseph Smith. It is a great book with an insight into the legal system I had not previously understood. It also tells a story seldom told. About what happened in Nauvoo and the surrounding areas directly after the Martyrdom of Joseph Smith. It is riveting.

[Ty · Rating 4 out of 5]

Oaks and Hill did a spectacular job in publishing this book. It is arguably one of the best books on Mormon History available, particularly from a historical or law perspective. Very interesting reading in relation to the events leading up to and after the death of Joseph Smith. Essential for any budding Mormon historians.

[Gordon Larsen · Rating 5 out of 5]

Fascinating and extraordinarily well-sourced account of the trial of the accused murderers of Joseph and Hyrum Smith. Like much of LDS Church history, it makes me angry to learn how my ancestors were treated and how the judicial system failed them but grateful and proud at how they, as a people, responded.

[Nate Cooley]

Before Dallin Oaks was an apostle for the Church, he was an instructor and scholar at the University of Chicago Law School. This book details the story of the trial and ulitmate assasination of Joseph Smith.

[Rae · Rating 3 out of 5]

I read most of this library book before I could not renew it again. I was very interested in what I did manage to read. Elder Oaks (before he was put in the Quorum of Twelve Apostles) gives the details of the aftermath and legal trial of the ringleaders of those who murdered Joseph and Hyrum.

[Terry Earley · Rating 3 out of 5]

Oaks, a former judge, re-constructs the legal case for the murders of Joseph and Hyrum. Justice on the frontier was not what it is today, and no one was convicted for these murders.

He and his co-authors examined the transcripts and records to re-create the trials. Very informative.

[Patra · Rating 3 out of 5]

This is probably the most authoritative book out there on the trial of Joseph Smith's assassins. It was a bit dry, but it definitely opened my eyes to what was going on in Illinois during that time period.

[Alissa · Rating 3 out of 5]

Fascinating look at the trial that took place after Joseph and Hyrum's murders. I learned more about what was going on politically in Hancock County at that time and more about the legal system of that day.

[Jim · Rating 5 out of 5]

Great book. Sad how others take it upon themselves to correct what they see wrong in their little worlds. This book points out in detail the steps taken to end a religion with the death of it founder and why that failed.

[Cynthia · Rating 2 out of 5]

It was ok. I picked it out of the bookcase when I didn't have a book for nighttime reading. It reads like a legal document, not much in the way of character development, and I already knew what the verdict was--so no surprises there. Anyway, it was okay.