At Smith's trial for conspiracy to commit murder of Grandison Newell, Apostles Orson Hyde and Luke S. Johnson acknowledge that "Smith seemed much excited and declared that Newell should be put out of the way, or where the crows could not find him; he said destroying Newell would be justifiable in the sight of God, that it was the will of God, &c." Hyde and Johnson insist that Joseph Smith is "tender-hearted," and the court acquits him because the prophet's statements do not constitute conspiracy.
[Source: Quinn, D. Michael, The Mormon Hierarchy: Origins of Power, Appendix 7: Selected Chronology of the Church of Jesus Christ of Latter-day Saints, 1830-47, http://amzn.to/origins-power]
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