Published June 14, 2025
By David Harbin
The 1830s and 1840s were transformative decades in Illinois. On the edge of the frontier, Illinois was experiencing a series of “revolutions.” Not only had the Illinois and Michigan Canal been completed, but the state was also experiencing a surge in railroad construction. In addition to connecting its rapidly growing cities to the more developed East, these new roads played a vital role in the young state’s economic growth. At the heart of this expanding economy was a flourishing agricultural market, fueled by the region’s abundantly fertile soil yielding thousands of bushels of corn and wheat. Illinois also had a substantial population “boom” during those pivotal decades, due, in large part, to significant immigration from Europe.
Among the waves of newly minted Americans were thousands of recently arrived “Saints” associated with the Church of Jesus Christ of Latter-day Saints. Also known as Mormons, this group, and their charismatic Prophet, Joseph Smith, had been aggressively courted by Illinois’ politicians, both Whig and Democrat, beginning in the late 1830s soon after they were expelled from Missouri as a result of Governor Lilburn Boggs’ infamous Extermination Order. Streaming into Illinois beginning in the winter of 1838, the dispossessed Saints were initially embraced as persecuted refugees from a cruel regime. As emigrants from an intolerant government that seemed bent on their destruction, they found a haven in Quincy. Thousands of Mormons continued to pour into the state, and they were perceived to be accumulating significant political, economic, and military power. Non-Mormons, particularly those living near the new Mormon “capital” of Nauvoo, Illinois, began to unite in opposition.
One of the most prominent challengers to Smith and the Saints was Thomas Sharp, editor of the Warsaw Signal, a newspaper based in Warsaw, Illinois. Sharp’s acerbic editorials in the Signal fueled growing anti-Mormon sentiments. Almost from the very moment the Saints arrived, tensions sprouted in the surrounding non-Mormon communities. These intensifying feelings of enmity, resentment, and paranoia among non-Mormons, combined with increasing dissent and discord within the tightly-knit Mormon community, culminated in the tragic murders of Joseph Smith and his brother Hyrum by a vigilante mob in 1844.
In June of 1844, Joseph and his brother, along with two other high-ranking Elders of the Church, John Taylor and Willard Richards, were being held on charges of treason related to the destruction of a newspaper in Nauvoo. This Mormon press, the Nauvoo Expositor was the effort of some Saints to expose the offences and wrongdoings of Smith and others within the Church hierarchy. Smith, using his authority as Mayor and commander of the militia, the Nauvoo Legion, ordered the press to be destroyed.
While the prisoners were isolated in the Carthage jail, awaiting the arrival of Governor Thomas Ford and the protection he promised, a mob of several hundred gathered outside of Carthage to listen to Thomas Sharp speak on the imminent dangers of the Mormon threat. Soon after Sharp’s address, a group of around 100 men, some disguised with painted faces, most armed, stormed the jail. Despite attempts to barricade the door, the mob broke in and Joseph and his brother were killed.
Governor Ford hastily convened a grand jury to investigate the murders and apprehend those responsible. Despite indictments being quickly handed down and arrests made, the prosecution faced an uphill battle due to the unclear circumstances and the precise involvement of the accused. Of the 100 or so men estimated to have been a part of the mob, only nine, among them Thomas Sharp, were charged in connection with the murders. Of the nine men charged, only five were brought to trial. The others fled Illinois. The trial would become a flash-point for anti-Mormon sentiment and would lead to the Saints expulsion from Illinois.
Lack of conclusive evidence and unreliable witnesses greatly hindered successful prosecution of the case. The trial was highly charged, with public sentiment influenced by both pro- and anti-Mormon biases. This extreme polarization affected the judicial process and perceptions of justice. Speculation and conspiracy theories persisted regarding involvement of various parties and potential hidden motives behind the assassinations.
Into this legal quagmire confidently strode Orville H. Browning. Browning, a respected and seasoned attorney from Quincy, with a reputation for eloquence and legal acumen, was retained to defend Sharp and the other accused assassins. His involvement in the case was significant, as it lent legitimacy to the defense in what was shaping up to be a polarizing trial. Browning’s strategy was multi-faceted and focused on exploiting the pervasive anti-Mormon sentiment and framing the mob’s actions as a justified response to what was perceived as the unlawful and despotic behavior of Joseph Smith. Browning argued that the prosecution lacked conclusive evidence linking the defendants to Smith murders. He also emphasized the chaotic nature of the event and the impossibility of identifying specific individuals within the mob that carried out the murders. Anti-Mormon sentiment was widespread in west-central Illinois, and Browning skillfully tapped into these emotions. He portrayed the defendants as defenders of public order, arguing that Smith’s actions—declaring martial law and destroying the Nauvoo Expositor—posed a threat to the community. Not content to rely solely on emotion, Browning exploited the numerous procedural weaknesses in the prosecution’s case, including the admissibility of evidence and the credibility of eyewitnesses, highlighting the lack of direct testimony implicating the defendants. Perhaps the most effective aspect of his defense was in framing Smith as a radical zealot whose theocratic ambitions justified the mob’s actions. The jury, composed of individuals sympathetic to the anti-Mormon cause, acquitted all five defendants.
The acquittal had far-reaching consequences. For the Saints, it underscored their vulnerability and reinforced their decision to migrate westward under Brigham Young’s leadership. For the legal system, it raised questions about the ability to deliver justice in cases involving mob violence and religious prejudice. Browning’s role in the trial had personal and professional ramifications. While it bolstered his reputation, it also linked him to one of the most controversial episodes in American religious history.
David Harbin is the lead instructor of the History Department at John Wood Community College where he has taught for 27 years. He holds a bachelor’s degree from Western Illinois University and a master’s degree from Illinois State University. He and his wife live in Quincy.
Sources:
Linder, Douglas O. “ The Carthage Conspiracy Trial: An Account.” Famous Trials. Kansas City, MO: UMKC School of Law. Carthage (Joseph Smith Murder)
Linder, Douglas O. “ Carthage (Joseph Smith Murder) Trial (1845).” Famous Trials. Kansas City, MO: UMKC School of Law. Carthage (Joseph Smith Murder)
Mays, Kenneth. “Picturing History: Thomas C. Sharp Grave.” Desert News, July 8, 2014. Picturing history: Thomas C. Sharp grave – Deseret News
“Thomas Sharp’s Warsaw Signal: Crafting an Anti-Mormon Rhetoric Prior to the Murder of Joseph Smith Jr.” Journalism History. Vol. 51, 2025, Issue 1. 42-70. Thomas Sharp’s Warsaw Signal: Crafting an Anti-Mormon Rhetoric Prior to the Murder of Joseph Smith Jr.: Journalism History: Vol 51 , No 1.
