Times and Seasons/4/16

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Times and Seasons: Volume 4, Number 16

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Times and Seasons: Volume 4, Number 16

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TIMES AND SEASONS
"TRUTH WILL PREVAIL"
Vol. IV. No. 16.] CITY OF NAUVOO, ILL. JULY 1, 1843. [Whole No. 76.

MISSOURI vs JOSEPH SMITH.

It has fallen to our lot of late years to keep an account of any remarkable circumstance that might transpire, in, and about this, and the adjoining states; as well as of distant provinces and nations. Among the many robberies, earthquakes, volcanic eruptions, tornadoes, fires, mobs, wars, &c. &c., which we have had to record, there is one circumstance of annual occurrence, which it has always fallen to our lot to chronicle. We allude not to the yearly inundations of the Nile, nor the frequent eruptions of Vesuvius or Etna, but to the boiling over of Tophet, alias the annual overflow of the excrescense [excretion] of Missouri. Not, indeed, like the Nile, overflowing its parched banks, invigorating the alluvial soil and causing vegetation to teem forth in its richest attire; but like the sulphurous [sulfurous] flame that burns unnoticed in the bowels of a volcano; kept alive by the combustion of its own native element, until it can contain itself no longer within the limits of its crater, it bursts beyond its natural bounds; and not satisfied with burning what is within its own bowels, it rushes furiously, wildly, and wantonly forth, and spreads its sulphurious [sulfurous] lava all around, scattering desolations in its path, destroying the cot of the husbandman, the fisherman, and the palace of the nobleman, in one general sweep; covering vegetation with its fiery lava, and turning the garden into a bed of cinders. So Missouri has her annual ebulitions [ebullitions], and unable to keep her fire within her own bosom, must belch forth her sulphuric [sulfuric] lava, and seek to overwhelm others with what is burning in her own bowels and destroying her very vitals; and as it happens that we are so unfortunate as to live near the borders of this monster, we must ever and anon, be smooted with the soot that flies off from her burning crater.

Without entering here into the particulars of the bloody deeds, the high handed oppression, the unconstitutional acts, the deadly and malicious hate, the numerous murders, and the wholesale robberies of that people; we will proceed to notice one of the late acts of Missouri, or the Governor of that state towards us. We allude to the late arrest of Joseph Smith.

Some two years ago Mr. Smith was apprehended upon a writ issued by Gov. Carlin upon a requisition from the Governor of Missouri, charging Mr. Smith with murder, arson, treason, &c. &c. Mr. Smith obtained a writ of Habeas Corpus, which was made returnable at Monmouth; he appeared before Judge Douglas and was honorably acquitted. We thought then that the eyes of community would be opened, and that a stop would have forever been put to those unhallowed proceedings, but no! this could not be, she must still pursue her victim, and for want of some more plausible excuse, after the monster of iniquity Gov. Boggs, whose iniquitous exterminating order has rendered him notorious not only in this country, but throughout Europe, had been shot at by some unknown ruffian, and his life jeopardized; it was thought a good opportunity to commence an attack upon Joseph Smith, particularly as an election was near at hand in this State, and it was thought by some of our political demagogues that some political capital could be made of it; Joseph Smith must therefore be sacrificed at the shrine of the hellish despotism of Missouri, and that of political aspirants of this State. What was the pledge that Gov. Duncan gave the people, if they would elect him? that he would have the Mormon charters repealed, and deprive them of all their other privileges. Thus the Mormons and Joseph Smith must be at the disposal of such inhuman reckless, blood thirsty, (we had like to have said,) republicans as these. Oh shame where is thy blush! and the attempted murder of Governor Boggs, to them is a good pretext. As if it were impossible that there should be found among the inhabitants of a State who had butchered scores in cold blood, who had robbed an innocent people of hundreds of thousands of dollars worth of property; and who had driven thirteen thousand people from their homes, who had never violated law, a man who was base enough to seek to murder another without having the thing so far fetched as to try to heap it upon the head of a man who had not been in the State for years. This case like the other was finally brought to an issue, and Mr. Smith after an immensity of trouble and expense was exculpated in Springfield, before Judge Pope of the United States Court for the District of Illinois. The persecution and injustice of Missouri, and the illegality of the case was then abundantly developed, and Judge Pope ordered the case to be inserted on the docket in a manner that Mr. Smith should no more be troubled in relation to that matter. [Governor Ford at that time manifested a friendly disposition, and seemed



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disposed to put a stop to that executive influence which had sought the destruction and overthrow of Mr S.] Mr S. returned in peace to the bosom of his family, and was received with joyous acclamation by a numerous host of friends who felt to rejoice that innocence had triumphed over persecution, fanaticism, and despotism.

Once more at peace, Mr, Smith flattered himself that his relentless persecutors must have satiated their rage and exausted [exhausted] their ingenuity to find means to prosecute; and he had favorably hoped that had they invented anything else, that the executive of this state, alive to the injustice that Mr Smith had already experienced from the hands of Missouri, would not have countenanced or furthered any demands that might be made by that state upon the executive of this, for the person of Joseph Smith.-This we believe he had reason to expect; he was in hopes that the time of his trials, pertaining to the tyrrany [tyranny] of that state, was at an end, and that he would be allowed to enjoy the precious boon of liberty, and to dwell in peace in the bosom of his family, and with his friends.-Feeling perfectly secure, he set off with his family to Mr. Wassons', to visit his wife's sister, Mrs Wasson and family, who resided about twelve miles from Dixon, Lee County, in this state. While he was there, a Mr. J. H. Reynolds, Sheriff of Jackson county, Missouri, (so he says) and Mr. Harman Wilson, of Carthage, arrived at Dixon, professing to be Mormon preachers; from thence they proceeded to Mr. Wasson's, at whose house Mr. Smith was staying. They found Mr. Smith outside of the door, and accosted him in a very uncouth ungentlemanly manner, quite in keeping however, with the common practice of Missourians. The following is as near the conversation as we can gather. Reynolds and his coadjutor Wilson, both stepped up at a time to Mr. Smith with their pistols cocked, and without shewing [showing] any writ or serving any process, Mr. Reynolds with his pistol cocked at Mr. Smith's breast, cried out, "G-d d-n you if you stir I'll shoot-G-d d-n you if you stir one inch I'll shoot you, G-d d-n you-be still or I'll shoot you by G-d." "What is the meaning of this?" interrogated Mr. Smith. "I'll show you the meaning by G-d, and if you stir one inch I'll shoot you, G-d d-n you." "I am not afraid of your shooting, answered Mr. Smith, I am not afraid to die." He then bared his breast, and said "shoot away, I have endured so much oppression I am weary of life and kill me if you please. I am a strong man however, and with my own natural weapons could soon level both of you; but if you have any legal process to serve, I am at all times subject to law and shall not offer resistance," "G-d d-n you if you say another word, we'll shoot you, by G-d." "Shoot away" answered Mr. Smith, "I am not afraid of your pistols." They then hurried him off to a carriage that they had, and without serving process, were for hurrying him off without letting him see, or bid farewell to his family or friends. Mr. Smith then said, "gentlemen if you have any legal process I wish to obtain a writ of Habeas Corbus [Corpus]." and was answered, "G-d d-n you, you sha'nt have one." Mr. Smith saw a friend of his passing and said these men are kidnapping me, and I wish a writ of habeas corpus to deliver myself out of their hands. This friend immediately proceeded to Dixon whence the Sheriff also proceeded to full speed; on arriving at the house of Mr. McKennie, tavern keeper, Mr. Smith was thrust into a room and guarded there without being allowed to see anybody, and horses were ordered in five minutes. Mr. Smith then stated to Reynolds: "I wish to get counsel," and was answered "G-d d-n you , you sha'nt have counsel, one word more G-d d-n you and I'll shoot you." "What is the use of this so often," said Mr. Smith, "I have often told you to shoot, and I now tell you again to shoot away;" and seeing a person passing he said, I am falsly [falsely] imprisoned here, and I want a lawyer. A lawyer came, and had the door banged in his face with the old threat of shooting if he came any nearer, another afterwards came and received the same treatment. Many of the citizens of Dixon by this time being apprised of his situation stepped forward, and gave the Sheriff to understand, that if that was their mode of doing business in Missouri, they had another way of doing it here, that they were a law-abiding people, and republicans, that Mr: Smith should have justice done him, and have the opportnnity [opportunity] of a fair trial, but that if they persisted in their course, they had a very summary way of dealing with such people-and gave them; to understand that Mr. Smith should not go without a fair and impartial trial. Mr. Reynolds finding further resistance to be useless allowed one or two attorneys to come to Mr. Smith, who gave them to understand that he had been taken up without process; that they had insulted and abused him, and he wanted a writ of habeas corpus. Up to this time they had altogether refused to allow the counsel to have private conversation with him.

A writ was sued out by Mr. Smith against Harman Wilson for a violation of the law in relation to writs of habeas corpus, the



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said violation consisting in said Wilson having transferred said Smith to the custody of Reynolds for the purpose of removing Mr. Smith to Missouri, and thereby avoiding the effect and operation of said writ contrary to law.

There was also another writ sued out from the circuit court of Lee county, in favor of Mr. Smith, against Reynolds and Wilson for private damage, for false imprisonment, upon the ground that the writ issued by the Governor of Illinois, was a void writ in law, upon which said writ, said Reynolds and Wilson were held to bail; and were in the custody of the Sheriff of Lee county. Reynolds and Wilson obtained a writ of habeas corpus for the purpose of being discharged before Judge Young of Quincy, but gave bail at Carthage for their appearance at the circuit court of Lee county in said action.

Mr. Smith obtained a writ of habeas corpus from the Master in Chancery of Lee county, returnable before the Hon. John D. Caton, Judge of the ninth judicial circuit, at Ottawa, upon which said writ Mr. Smith was conveyed by Reynolds and Wilson, towards Ottawa as far as Pawpaw Grove, at which last mentioned place it was ascertained that Judge Caton was on a visit to New York. Upon which the party, Messes. Smith, Reynolds, Wilson and others in company returned to Dixon, where another writ was issued by the said Master in Chancery, in favor of Smith, returnable before the nearest tribunal in the fifth judicial circuit authorised [authorized] to hear, and determine, writs of habeas corpus. It was ascertained that the nearest tribunal authorised [authorized] to hear and determine upon writs of habeas corpus, was at :Nauvoo. On their arrival at Nauvoo, a writ of habeas corpus was sued out before, and made returnable to the Municipal court of the city of Nauvoo, directed to Mr. Reynolds, upon which said writ Mr. Reynolds, did produce the body of said Smith before said court, objecting however, to the jurisdiction of said court. It was ascertained by the counsel for said Smith that the Municipal court had full and ample power to hear and determine upon writs of habeas corpus. Upon examination before said court he was discharged from said arrest upon the merits of said case, and upon the further ground of substantial defects in said writ so issued by the Governor of the State of Illinois.

Why Governor Ford should lend his assistance in a vexatious prosecution of this kind we are at a loss to determine. He possesses a discretionary power in such cases, and has a right to use his judgment, as the chief magistrate of this State, and knowing, as he does, that the whole proceedings, connected with this affair, are illegal, we think that in justice he ought to have leaned to the side of the oppressed and innocent, particularly when the persecuted and prosecuted were citizens of his own State who had a right to his sympathies and to be shielded by his paternal care, as the Father of this State. Does not his Excellency know? and do not all the citizens of the State know that the Mormons have been robbed and pillaged and plundered in that State without any redress? that the Mormons en-masse were exterminated from that State without any legal pretext whatever; and how then could they have any legal claim upon Joseph Smith or any Mormon? Have the Mormons ever obtained any redress for injuries received in Missouri? No! Is there any prospect of their receiving remuneration for their loss, or redress for their grievances? No! When a demand was made upon the Governor of Missouri, by Governor Carlin of this State for the persons who kidnapped several Mormons, were they given up by that State? No. Why then should our Executive feel so tenacious in fulfiling [fulfilling] all the nice punctillious [punctilious] of law, when the very State that is making these demands has robbed, murdered and exterminated by wholesale without law and are merely making use of it at present as a cats-paw to destroy the innocent and murder those that they have already persecuted nearly to the death. It is impossible that the State of Missouri should do justice with her coffers groaning with the spoils of the oppressed and her hands yet reeking with the blood of the innocent. Shall she yet gorge her bloody maw with other victims? Shall Joseph Smith be given into her hands illegally? Never! NO NEVER!! NO NEVER!!!

MUNICIPAL COURT OF THE CITY OF NAUVOO, ILLINOIS.

Second day of special term, July 1st., 1843.

Before Aldermen William Marks, Acting Chief Justice; and Aldermen Daniel H. Wells, Newel K. Whitney, George W. Harris, Gustavus Hills, and Hiram Kimball, Associate Justices; presiding.

EX-PARTE JOSEPH SMITH, } Messrs. WALKER, PATRICK & SOUTHWICK,

ON HABEAS CORPUS. } Counsel for SMITH.

MR. MASON, Counsel for REYNOLDS.

This case came before the court upon a return to a writ of habeas corpus, which was issued by this court, on the 30th of June, 1843, upon the petition of Joseph Smith, Senior, as follows:

STATE OF ILLINOIS, } SCT.

City of Nauvoo. }



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To the Honorable the Municipal Court, of the City of Nauvoo, Hancock County, and State of Illinois:-

Your petitioner, Joseph Smith, Senior, who has been arrested by, and under the name of Joseph Smith, Junior, states on oath, that he is now detained as a prisoner, and in the custody of Joseph H. Reynolds, in the said city of Nauvoo, and state of Illinois, who claims to be the agent of the state of Missouri, and that your petitioner was arrested by one Harman G. Wilson, by virtue of what purports to be a warrant issued by His Excellency, Thomas Ford, Governor of the state of Illinois, in the county of Lee, and state of Illinois, and by said Wilson, your petitioner was delivered into the custody of said Joseph H. Reynolds, at and within the county of Lee, aforesaid; that said supposed warrant, so issued by His Excellency, Thomas Ford, Governor as aforesaid, and the arrest thereupon, and the imprisonment consequent thereupon, by said Wilson, and afterward by said Joseph H. Reynolds, is illegal, and in violation of law, and without the authority of law, as he is informed and verily believes, for the following, besides other reasons, to wit:

1st. The said supposed warrant so issued by the said Governor of the State of Illinois, as aforesaid, does not confer any authority to arrest your petitioner, for that it commands the officers therein named, to arrest one Joseph Smith, Junior, whereas, the name of your petitioner is Joseph Smith, Senior, and your petitioner avers that he is not known and reputed by the name of Joseph Smith, Junior,

2nd. The said supposed warrant is defective and void, for that it does not recite that the Joseph Smith, Junior, mentioned therein, has been demanded by the Executive of the State of Missouri, of the Executive of the State of Illinois.

3rd. Said supposed warrant, is defective and void, for that it does not state that said Joseph Smith, Junior, therein named, has been indicted or that any other legal accusation of any offence [offense] has been legally preferred, and is as pending against him in the said State of Missouri.

4th. It is defective and void, for that it does not show that any legal foundation was furnished by the Executive of the State of Missouri, upon which to issue the same; and your petitioner avers that the same was issued without due authority of law.

5th. Said supposed warrant is in other respects defective and void.

6th. The said Joseph H. Reynolds, has no authority to detain your petitioner in custody; for that he is not an officer of the State of Illinois, nor is he legally authorized by the said Governor of the State of Illinois, or otherwise, as the agent of the State of Missouri, in the State of Illinois, or in any other character and capacity to imprison your petitioner within the said State of Illinois.

7th. Your petitioner before the making of the said arrest upon which he is now detained and imprisoned, had been arrested for the same cause, and upon a charge for the same offence [offense], for which he is now arrested and imprisoned, by virtue of a warrant issued by the Governor of the said State of Illinois, upon a requisition of the Executive of the said State of Missouri, and was discharged from said arrest and imprisonment by judgement [judgment] of the Circuit Court of Warren county, in or about the month of June, A. D. 1841, in such manner as not to be liable to the said second arrest for the same cause.

8th. Your petitioner is not a fugitive from justice, and has not fled from the justice of the said State of Missouri, and he is not guilty and has not been guilty of treason in or against the said State of Missouri.

9th. Your petitioner was not, and has not been within the limits of the said State of Missouri, for more than four years next, before the making of said arrest and imprisonment whereby he is now detained, nor for or during four years before any indictment or other legal accusation was preferred against him.

10th. Your petitioner avers that the said supposed warrant, so issued by the said Governor of the said State of Illinois, and under color of which your petitioner is now imprisoned, and the document purporting to be an authority to receive the said Joseph Smith, Junior, are wholly defective and insufficient to legally authorize the arrest and imprisonment of your petitioner: Copies of which supposed warrant and the supposed authority from the Executive of the State of Missouri are hereunto annexed.

Wherefore, your petitioner prays that a writ of habeas corpus may be awarded, directed to the said Joseph H. Reynolds, commanding him that he bring your petitioner forthwith and without delay, before this honorable court, together with the causes of his caption and detention, in order that your petitioner may be dealt with according to law; and your petitioner as in duty bound, will ever pray.

JOSEPH SMITH, Sen.

Subscribed and sworn to before me, this 30th day of June, A. D. 1843, at the City of Nauvoo, Illinois.

JAMES SLOAN,

Clerk of the Municipal Court, of the City of Nauvoo.



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STATE OF ILLINOIS, }

CITY OF NAUVOO }SCT.

The People of the State of Illinois to the Marshall of said City, Greeting:

WHEREAS application has been made before the Municipal Court of said City that the body of one Joseph Smith, Senior, of the said city of Nauvoo, (who is styled in the warrant by which he is held in custody, Joseph Smith Junior,) is in the custody of Joseph H. Reynolds. These are therefore to command the said Joseph H. Reynolds to safely have the body of the said Joseph Smith Senior, who is styled Joseph Smith Junior, in his custody detained, as it is said, together with the day and cause of his caption and detention, by whatever name the said Joseph Smith Senior may be known or called, before the Municipal Court of said city forthwith, to abide such order as the said Court shall make in their behalf: and further, if the said Joseph H. Reynolds or other person or persons having said Joseph Smith Senior of said city of Nauvoo in custody, shall refuse or neglect to comply with the provisions of this writ, you, the Marshall of said City, or other person authorized to serve the same, are hereby required to arrest the person or persons so refusing or neglecting to comply as aforesaid, and bring him or them, together with the person or persons in his or their custody, forthwith before the Municipal Court aforesaid, to be dealt with according to law; and herein fail not, and bring this writ with you

Witness, James Sloan, Clerk of the Municipal Court at

L. S. Nauvoo, this 30th day of June in the year of our Lord

one thousand eight hundred and forty-three.

JAMES SLOAN, Clerk

I, Joseph H. Reynolds, the within named, do hereby return this writ, with the body of Joseph Smith, with the following cause of caption and detention, to wit: The within named Joseph Smith was arrested on a warrant issued by the Governor of the State of Illinois, by one Harmon T. Wilson, a Constable of Hancock county, in the State of Illinois, on the 23d day of June A. D.. 1843, a copy of which warrant is hereunto annexed and marked letter B, and delivered over to my custody as directed by said writ. The person of said Smith, was, on said 23d of June, in the county of Lee and State of Illinois, by the said Wilson delivered over to my custody, and that I received a detained the said Smith in my custody by virtue of a certain warrant of attorney issued by the Governor of the State of Missouri, a copy of which is hereto annexed, and marked letter B, and delivered over to my custody as directed by said writ. The person of said Smith was, on said 23d of June, in the county of Lee and State of Illinois, by the said Wilson delivered over to my custody, and that I received and detained the said Smith in my custody by virtue of a certain warrant of attorney issued by the Governor of the State of Missouri, a copy of which is hereto annexed, and marked letter B, directing me to receive the said Smith, and convey him to and deliver him to the sheriff of Davies county in the State of Missouri, and that the within detention referred to, is the same referred to, and none other.

JOSEPH H. REYNOLDS.

Nauvoo, June 30th, A. D.. 1843.

EXECUTIVE DEPARTMENT, }

CITY OF JEFFERSON. }

Know ye that I, Thomas Reynolds, Governor of the State of Missouri, having full trust and confidence in the integrity and abilities of Joseph H. Reynolds, do hereby constitute and appoint him as the agent of the said State of Missouri, to proceed to the State of Illinois, for the purpose of receiving from the proper authorities of that State, one Joseph Smith, Jr., charged with treason by him committed against the State of Missouri, and as having fled from justice to the State of Illinois, and I do hereby authorise [authorize] and direct said Joseph H. Reynolds to convey said Joseph Smith Jr. from the State of Illinois, and deliver him to the custody of the sheriff of Davies county in the State of Missouri.

In testimony whereof, I have hereunto set my

L. S. hand, and caused to be affixed the great seal of the

State of Missouri.

Done at the City of Jefferson this 13th day of June in the year of our Lord one thousand eight hundred and forty-three.

By the Governor, THO. REYNOLDS.

JAMES L. MINOR,

Secretary of State.

Thomas Ford, Governor of the State of Illinois, to all Sheriffs and Constables of any county of the State, and to Harmon G. Wilson, of the county of Hancock, greeting:

Whereas it has been made known to me by the Executive authority of the State of Missouri, that one Joseph Smith, Junior, stands charged with the crime of treason, against the State of Missouri, and alleged that Joseph Smith Junior has fled from the justice of the said State of Missouri, and taken refuge in the State of Illinois.

Now therefore I, Thomas Ford, Governor of the State of Illinois, pursuant to the Constitution and Laws of the United States and of this State, do hereby command you to arrest and apprehend the said Joseph Smith, Junior, if he be found within the limits of the State aforesaid, and cause him to be safely kept and delivered to the custody of Joseph H. Reynolds, Esq., who has been duly constituted the agent of the said State of Missouri to receive the said fugitive from the justice of said State, he paying all fees and charges for the arrest and apprehension of said Joseph Smith, Junior, and make due returns to the Executive department of this



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State of the manner in which this writ may be executed.

In testimony whereof, I have hereunto set my

L. S. hand and caused the great seal of the State

to be affixed.

Done at the City of Springfield, this 17th day of June, in the year of our Lord one thousand and eight hundred and forty-three, and of the Independence of the United States the sixty-seventh.

By the Governor, THOMAS FORD.

THOMPSON CAMPBELL,

Secretary of State.

The following witnesses were examined, viz: Hyrum Smith, Parley P. Pratt, Brigham Young, George W. Pitkin, Lyman Wight, and Sidney Rigdon.

HYRUM SMITH sworn. Said that the defendant now in court is his brother, and that his name is not Joseph Smith Junior, but his name is Joseph Smith Senior, and has been for more than two years past. I have been acquainted with him ever since he was born, which was thirty-seven years December last, and I have not been absent from him at any one time, not even the space of six months since his birth, to my recollection, and have been intimately acquainted with all his sayings, doings, business transactions and movements, as much as any one man could be acquainted with another man' [man's] busines [business] up to the present time, and do know that he has not committed treason against any State in the Union, by any overt act, or by levying war, or by aiding and abetting, or assisting an enemy in any State in the Union, and that the said Joseph Smith Senior has not committed treason in the State of Missouri, nor violated any law or rule of said State, I being personally acquainted with the transactions and doings of said Smith whilst he resided in said State, which was for about six months in the year 1838; I being also a resident in said State during the same period of time, and I do know that said Joseph Smith Senior never was subject to military duty in any State, neither was he in the State of Missouri, he being exempt by the amputation or extraction of a bone from his leg, and by his having a license to preach the Gospel, or being in other words a minister of the Gospel, and I do know that said Smith never bore arms, as a military man, in any capacity whatever, whilst in the State of Missouri, or previous to that time; neither has he given any orders or assumed any command in any capacity whatever; but I do know that whilst he was in the State of Missouri, that the People commonly called Mormons, were threatened with violence and extermination, and on or about the first Monday in August 1838, at the election at Gallatin, the county seat in Davies county; the citizens who were commonly called Mormons were forbidden to exercise the rights of franchise, and from that unhallowed circumstance an affray commenced, and a fight ensued among the citizens of that place, and from that time a mob commenced gathering in that county threatening the extermination of the Mormons; the said Smith and myself upon hearing that mobs were collecting together, and that they had also murdered two of the citizens of the same place, and would not suffer them to be buried; the said Smith and myself went over to Davies county to learn the particulars of the affray, but upon our arrival at Diahman, we learned that none were killed but several were wounded-we tarried all night at Col. Lyman Wight's, the next morning the weather being very warm and having been very dry for some time previously, the springs and wells in that region were dried up; on mounting our horses to return, we rode up to Mr. Black's, who was then an acting Justice of the Peace, to obtain some water for ourselves and horses; some few of the citizens accompanied us there, and after obtaining the refreshment of water, Mr. Black was asked by said Joseph Smith Senior, if he would use his influence to see that the laws were faithfully executed and to put down mob violence, and he gave us a paper, written by his own hand, stating that he would do so. He also requested him to call together the most influential men of the county on the next day that we might have an interview with them; to this he acquiesced, and accordingly the next day they assembled at the house of Col. Wight and entered into a mutual covenant of peace, to put down mob violence and to protect each other in the enjoyment of their rights: after this we all parted with the best of feelings and each man returned to his own home. This mutual agreement of peace however did not last long; for but a few days afterwards the mob began to collect again until several hundreds rendezvoused at Millport, a few miles distant from Diahman. They immediately commenced making aggressions upon the citizens called Mormons, taking away their hogs and cattle, and threatening them with extermination or utter extinction; saying that they had a cannon and there should be no compromise only at its mouth: frequently taking men, women and children prisoners, whipping them and lacerating their bodies with hickory withes, and tying them to trees and depriving them of food until they were compelled to gnaw the bark from the trees to which they were bound in order to sustain life; treating them in the most cruel manner they could invent or think of, and doing every thing they could to excite the indignation of the Mormon



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people to rescue them, in order that they might make that a pretext of an accusation for the breach of the law and that they might the better excite the prejudice of the populace and thereby get aid and assistance to carry out their hellish purposes of extermination. Immediately on the authentication of these facts, messengers were despatched from Far West to Austin A. King, Judge of the fifth judicial district of the State of Missouri, and also to Major General Atchison, Commander-in-chief of that division, and Brigadier General Doniphan, giving them information of the existing facts, and demanding immediate assistance. Gen. Atchison returned with the messengers and went immediately to Diahman and from thence to Millport, and he found the facts were true as reported to him;-that the citizens of that county were assembled together in a hostile attitude to the amount of two or three hundred men, threatening the utter extermination of the Mormons, he immediately returned to Clay county and ordered out a sufficient military force to quell the mob. Immediately after they were dispersed and the army returned; the mob commenced collecting again soon after: we again applied for military aid, when General Doniphan came out with a force of sixty armed men to Far West; but they were in such a state of insubordination that he said he could not control them, and it was thought advisable by Col. Hinkle, Mr. Rigdon and others that they should return home; General Doniphan ordered Col. Hinkle to call out the militia of Caldwell and defend the town against the mob, for said he, you have great reason to be alarmed, for he said Neil Gillum from the Platte country had come down with 200 armed men and had taken up their station at Hunter's mill, a place distant about 17 or 18 miles north west of the town of Far West, and also that an armed force had collected again at Millport, in Davies county, consisting of several hundred men, and that another armed force had collected at DeWitt, in Carroll county, about 50 miles south east of Far West, where about 70 families of the Mormon people had settled upon the bank of the Missouri river at a little town called DeWitt. Immediately a messenger, whilst he was yet talking, came in from DeWitt, stating that three or four hundred men had assembled together at that place armed cap-a-pie, and that they threatened the utter extinction of the citizens of that place if they did not leave the place immediately, and that they had also surrounded the town and cut off all supplies of food, so that many of them were suffering with hunger. Gen. Doniphan seemed to be very much alarmed, and appeared to be willing to do all he could to assist, and to relieve the sufferings of the Mormon people; he advised that a petition be immediately got up and sent to the Governor. A petition was accordingly prepared and a messenger despatched immediately to the Governor, and another petition was sent to Judge King. The Mormon people throughout the country were in a great state of alarm, and also in great distress; they saw themselves completely surrounded with armed forces on the north and on the north west and on the south, and also Bogard, who was a Methodist preacher, and who was then a captain over a militia company of 50 soldiers, but who had added to his number out of the surrounding counties about a hundred more, which made his force about 150 strong, was stationed at Crooked Creek, sending out his scouting parties, taking men, women and children prisoners, driving off cattle, hogs and horses, entering into every house on Log and Long Creeks, rifling their houses of their most precious article, such as money, bedding, and clothing, taking all their old muskets and their rifles or military implements, threatening the people with instant death if they did not deliver up all their precious things, and enter into a covenant to leave the state or go into the city of Far West by the next morning, saying that "they calculated to drive the people into Far West, and then drive them to hell." Gillum also was doing the same on the north west side of Far West; and Sashall Woods, a Presbyterian minister, was the leader of the mob in Davies county; and a very noted man of the same society was the leader of the mob in Carroll county; and they were also sending out their scouting parties, robbing and pillaging houses, driving away hogs, horses and cattle, taking men, women and children and carrying them off, threatening their lives and subjecting them to all manner of abuses that they could invent or think of.

Under this state of alarm, excitement and distress, the messengers returned from the Governor and from the other authorities, bringing the fatal news, that the Mormons could have no assistance. They stated that the Governor said that "the Mormons had got into a difficulty with the citizens, and they might fight it out for all what he cared. He could not render them any assistance."

The people of DeWitt were obliged to leave their homes and go into Far West; but did not until after many of them had starved to death for want of proper sustenance, and several died on the road there, and were buried by the way side, without a coffin or a funeral ceremony, and the distress, sufferings, and privations of the people cannot be expressed. All the scattered families of the Mormon people, in all the counties except Davies, were driven into Far West, with but few exceptions.



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This only increased their distress, for many thousands who were driven there, had no habitations or houses to shelter them, and were huddled together, some in tents and others under blankets, while others had no shelter from the inclemency of the weather. Nearly two months the people had been in this awful state of consternation, many of them had been killed, whilst others had been whipped until they had to swathe up their bowels to prevent them from falling out. About this time, General Parks came out from Richmond, Ray county, who was one of the commissioned officers who was sent out to Diahman, and I myself and my brother Joseph Smith Senior, went out at the same time. On the evening that General Parks arrived at Diahman, my brother, the late Don Carlos Smith's wife came in to Col. Wight's about eleven o'clock at night, bringing her two children along with her, one about two years and a half old, the other a babe in her arms. She came in on foot, a distance of three miles, and waded Grand River, and the water was then about waist deep, and the snow about 3 inches deep. She stated that a party of the mob, a gang of ruffians, had turned her out of doors, had taken her household goods and had burnt up her house, and she had escaped by the skin of her teeth.-Her husband at that time was in Virginia, and she was living alone. This cruel transaction excited the feelings of the people in Diahman, especially Col. Wight, and he asked Gen. Parks, in my hearing, how long we had got to suffer such base violence? Gen. Parks said he did not know how long. Col. Wight then asked him what should be done? Gen. Parks told him "he should take a company of men, well armed, and go and disperse the mob wherever he should find any collected together, and take away their arms." Col. Wight did so precisely, according to the orders of Gen. Parks. And my brother Joseph Smith Sen. made no words about it.-And after Col. Wight had dispersed the mob and put a stop to their burning houses belonging to the Mormon people and turning women and children out of doors, which they had done up to that time to the amount of 8 or 10 houses which were consumed to ashes-after being cut short in their intended designs, the mob started up a new plan. They went to work and moved their families out of the county and set fire to their houses, and not being able to incense the Mormons to commit crimes; they had recourse to this stratagem to set their houses on fire and send runners into all the counties adjacent, to declare to the people that the Mormons had burnt up their houses and destroyed their fields, and if the people would not believe them, they would tell them to go and see if what they had said was not true. Many people came to see, they saw the houses burning, and being filled with prejudice, they could not be made to believe but that the Mormons set them on fire, which deed was most diabolical and of the blackest kind, for indeed the Mormons did not set them on fire, nor meddle with their houses or their fields. And the houses that were burnt, together with the pre-emption rights, and the corn in the fields, had all been previously purchased by the Mormons of the people and paid for in money and with waggons [wagons] and horses and with other property, about two weeks before; but they had not taken possession of the premises; but this wicked transaction was for the purpose of clandestinely exciting the minds of a prejudiced populace and the Executive, that they might get an order, that they could the more easily carry out their hellish purposes, in expulsion or extermination or utter extinction of the Mormon people. After witnessing the distressed situation of the people in Diahman, my brother Joseph Smith Senior and myself returned back to the city of Far West, and immediately despatched a messenger, with written documents, to General Atchison, stating the facts as they did then exist, praying for assistance if possible, and requesting the editor of the "Far West" to insert the same in his newspaper, but he utterly refused to do so. We still believed that we should get assistance from the Governor, and again petitioned him, praying for assistance, setting forth our distressed situation; and in the mean time the presiding Judge of the County Court issued orders-upon affidavits made to him by the citizens-to the Sheriff of the county, to order out the Militia of the county to stand in constant readiness, night and day, to prevent the citizens from being massacred, which fearful situation they were exposed to every moment. Every thing was very portentous and alarming. Notwithstanding all this, there was a ray of hope yet existing in the minds of the people that the Governor would render us assistance; and whilst the people were waiting anxiously for deliverance-men women and children frightened, praying and weeping-we beheld at a distance, crossing the prairies and approaching the town, a large army in military array, brandishing their glittering swords in the sunshine, and we could not but feel joyful for a moment, thinking that probably the Governor had sent an armed force to our relief, notwithstanding the awful forebodings that pervaded our breasts. But to our great surprise, when the army arrived they came up and formed a line in double file in one half mile on the east of the city of Far West, and despatched three messengers with a white flag



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to come to the city. They were met by Captain Morey with a few other individuals, whose names I do not now recollect. I was myself standing close by, and could very distinctly hear every word they said. Being filled with anxiety, I rushed forward to the spot, expecting to hear good news-but alas! and heart-thrilling to every soul that heard them-they demanded three persons to be brought out of the city before they should massacre the rest. The names of the persons they demanded, were Adam Lightner, John Cleminson and his wife. Immediately the three persons were brought forth to hold an interview with the officers who had made the demand, and the officers told them they had now a chance to save their lives, for they calculated to destroy the people and lay the city in ashes. They replied to the officer, and said, "If the people must be destroyed, and the city burned to ashes, they would remain in the city and die with them." The officers immediately returned, and the army retreated and encamped about a mile and a half from the city. A messenger was immediately despatched with a while flag from the Colonel of the Militia of Far West, requesting an interview with General Atchison and General Doniphan; but as the messenger approached the camp, he was shot at by Bogard, the Methodist preacher. The name of the messenger was Charles C. Rich, who is now Brigadier General in the Nauvoo legion. However, he gained permission to see General Doniphan; he also requested an interview with General Atchison. General Doniphan said that General Atchison had been dismounted by a special order of the Governor a few miles back, and had been sent back to Liberty, Clay county. He also stated that the reason was that he (Atchison,) was too merciful unto the Mormons, and Boggs would not let him have the command, but had given it to General Lucas, who was from Jackson County, and whose heart had become hardened by his former acts of rapine and bloodshed, he being one of the leaders in murdering, driving, plundering and burning some two or three hundred houses belonging to the Mormon people in that county in the years 1833 and 1834.

Mr. Rich requested General Doniphan to spare the people, and not suffer them to be massacred until the next morning, it then being evening. He coolly agreed that he would not, and also said that "he had not as yet received the governor's order, but expected it every hour, and should not make any further move until he had received it; but he would not make any promises so far as regarded Neil Gillum's army." he having arrived a few minutes previously, and joined the main body of the army he knowing well at what hour to form a junction with the main body. Mr. Rich then returned to the city, giving this information.--[-]The Colonel immediately despatched a second messenger with a white flag, to request another interview with General Doniphan, in order to touch his sympathy and compassion, and if it were possible, for him to use his best endeavors to preserve the lives of the people. On the return of this messenger, we learned that several persons had been killed by some of the soldiers who were under the command of General Lucas. One Mr. Carey had his brains knocked out by the britch [breech] of a gun, and he lay bleeding several hours, but his family were not permitted to approach him, nor any one else allowed to administer relief to him whilst he lay upon the ground, in the agonies of death. Mr. Carey had just arrived in the country, from the State of Ohio, only a few hours previous to the arrival of the army. He had a family, consisting of a wife and several small children. He was buried by Lucius N. Scovil, who is now the senior warden of the Nauvoo Lodge. Another man, of the name of John Tanner, was knocked on the head at the same time, and his skull laid bare the width of a man's hand, and he lay, to all appearance, in the agonies of death for several hours; but by the permission of General Doniphan, his friends brought him out of the camp, and with good nursing he slowly recovered, and is now living. There was another man, whose name is Powell, who was beat on the head with the britch [breech] of a gun until his skull was fractured and his brains run out in two or three places. He is now alive, and resides in this county, but has lost the use of his senses. Several persons of his family were also left for dead, but have since recovered. These acts of barbarity were also committed by the soldiers under the command of General Lucas, previous to having received the Governor's order of extermination.

It was on the evening of the 30th of October, according to the best of my recollection, that the army arrived at Far West, the sun about half an hour high. In a few moments afterwards, Cornelius Gillum arrived with his army, and formed a junction. This Gillum had been stationed at Hunter's mills for about two months previous to that time-committing depredations upon the inhabitants-capturing men, women and children, and carrying them off as prisoners, lacerating their bodies with hickory withes. The army of "Gillum" were painted like Indians, some of them were more conspicuous than were others, designated by red spots, and he, also, was painted in a similar



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manner, with red spots marked on his face, and styled himself the "DELAWARE CHIEF." They would whoop and hollow [holler] and yell as nearly like Indians as they could, and continued to do so all that night. In the morning early, the Colonel of Militia sent a messenger into the camp with a white flag, to have another interview with General Doniphan.-On his return, he informed us that the Governors order had arrived. General Doniphan said that "the order of the Governor was, to exterminate the Mormons by God, but he would be damned if he obeyed that order, but General Lucas might do what he pleased." We immediately learned from General Doniphan that "the Governor's order that had arrived was only a copy of the original, and that original order was in the hands of Major General Clark, who was on his way to Far West, with an additional army of six thousand men." Immediately after this, there came into the city a messenger from Haun's Mill, bringing the intelligence of an awful massacre of the people who were residing in that place, and that a force of two or three hundred, detached from the main body of the army, under the superior command of Colonel Ashley, but under the immediate command of Captain Nehemiah Compstock, who, the day previous, had promised them peace and protection, but on receiving a copy of the Governor's order "to exterminate or to expel" from the hands of Colonel Ashley, he returned upon them the following day and surprised and massacreed [massacred] the whole population of the town, and then came to the town of Far West and entered into conjunction with the main body of the army. The messenger informed us that he himself with a few others fled into the thickets, which preserved them from the massacre, and on the following morning they returned and collected the dead bodies of the people and cast them into a well; and there were upwards of twenty who were dead or mortally wounded, and there are several of the wounded who are now living in this city.-One, of the name of Yocum, has lately had his leg amputated, in consequence of wounds he then received. He had a ball shot through his head, which entered near his eye and came out at the back part of his head, and another ball passed through one of his arms.

The army, during all the while they had been encamped in Far West, continued to lay waste fields of corn, making hogs, sheep and cattle common plunder, and shooting them down for sport. One man shot a cow and took a strip of her skin, the width of his hand, from her head to her tail and tied it around a tree, to slip his halter into, to tie his horse to. The city was surrounded with a strong guard, and no man woman or child was permitted to go out or come in, under the penalty of death. Many of the citizens were shot in attempting to go out to obtain sustenance for themselves and families. There was one field fenced in, consisting of twelve hundred acres, mostly covered with corn. It was entirely laid waste by the horses of the army, and the next day after the arrival of the army, towards evening, Colonel Hinkle came up from the camp, requesting to see my brother Joseph, Parley P. Pratt, Sidney Rigdon, Lyman Wight, and George W. Robinson, stating that the officers of the army wanted a mutual consultation with those men, also stating that Generals Doniphan, Lucas, Wilson and Graham-(however General Graham is an honorable exception: he did all he could to preserve the lives of the people, contrary to the order of the Governor,)-he, Hinkle, assured them that these generals had pledged their sacred honor that they should not be abused or insulted, but should be guarded back in safety in the morning, or so soon as the consultation was over. My brother Joseph replied that he did not know what good he could do in any consultation, as he was only a private individual; however he said that he was always willing to do all the good he could and would obey every law of the land, and then leave the event with God. They immediately started with Colonel Hinkle to go down into the camp. As they were going down about half way to the camp, they met General Lucas with a phalanx of men, with a wing to the right and to the left, and a four pounder in the centre [center]. They supposed he was coming with this strong force to guard them into the camp in safety; but to their surprise, when they came up to General Lucas, he ordered his men to surround them, and Hinkle stepped up to the General and said, "These are the prisoners I agreed to deliver up." General Lucas drew his sword and said, gentlemen, you are my prisoners, and about that time the main army were on their march to meet them. They came up in two divisions, and opened to the right and left, and my brother and his friends were marched down through their lines, with a strong guard in front, and the cannon in the rear, to the camp amidst the whoopings, hollowings [hollerings], yellings and shoutings of the army, which was so horrid and terrific that it frightened the inhabitants of the city. It is impossible to describe the feelings of horror and distress of the people. After being thus betrayed they were placed under a strong guard of thirty men, armed cap-a-pie, which they relieved every two hours. There they were compelled to lay on



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the cold ground that night, and were told in plain language, that they need never to expect their liberties again. So far for their honors pledged. However, this was as much as could be expected from a mob under the garb of military and executive authority in the State of Missouri. On the next day, the soldiers were permitted to patrol the streets, to abuse and insult the people at their leisure, and enter into houses and pillage them, and ravish the women, taking away every gun and every other kind of arms or military implements: and about twelve o'clock on that day Colonel Hinkle came to my house with an armed force, opened the door and called me out of doors and delivered me up as a prisoner unto that force. They surrounded me and commanded me to march into the camp. I told them that I could not go: my family were sick, and I was sick myself, and could not leave home. They said they did not care for that-I must and should go. I asked when they would permit me to return. They made me no answer, but forced me along with the point of the bayonet into the camp, and put me under the same guard with my brother Joseph-and within about half an hour afterwards, Amasa Lyman was also brought and placed under the same guard.-There we were compelled to stay all that night, and lie on the ground: but along some time in the same night, Colonel Hinkle came to me and told me that he had been pleading my case before the Court Martial, but he was afraid he should not succeed. He said there was a Court Martial then in session, consisting of thirteen or fourteen officers, Circuit Judge A. A. King, and Mr. Birch, District Attorney; also Sashiel Woods, Presbyterian priest, and about 20 other priests of the different religious denominations in that country. He said they were determined to shoot us on the next morning in the public square in Far West. I made him no reply. On the next morning about sunrise, General Doniphan ordered his brigade to take up the line of march and leave the camp. He came to us where we were under guard, to shake hands with us, and bid us farewell. His first salutation was, 'By God you have been sentenced by the court martial to be shot this morning; but I will be damned if I will have any of the honor of it, or any of the disgrace of it; therefore I have ordered my brigade to take up the line of march and to leave the camp, for I consider it to be cold blooded murder, and I bid you farewell,' and he went away. This movement of General Doniphan, made considerable excitement in the army, and there was considerable whisperings amongst the officers. We listened very attentively, and frequently heard it mentioned by the guard, that the damned Mormons would not be shot this time. In a few moments the guard was relieved with the new set; one of those new guard said that the damned Mormons would not be shot this time, for the movement of General Doniphan had frustrated the whole plan and that the officers had called another court martial, and had ordered us to be taken to Jackson county, and there to be executed; and in a few moments two large wagons drove up and we were ordered to get into them, and while we were getting into them, there came up four or five men armed with guns, who drew up and snapped their guns at us, in order to kill us, some flashed in the pan, and others only snapped, but none of their guns went off. They were immediately arrested by several officers and their guns taken from them, and the drivers drove off. We requested of General Lucas to let us go to our houses and get some clothing; in order to do this, we had to be drove up into the city. It was with much difficulty that we could get his permission to go and see our families and get some clothing; but after considerable consultation, we were permitted to go under a strong guard of five or six men to each of us, and we were not permitted to speak to anyone of our families, under the pain of death. The guard that went with me ordered my wife to get some clothes immediately, within two minutes, and if she did not do it, I should go off without them. I was obliged to submit to their tyrannical orders, however painful it was, with my wife and children clinging to my arms and to the skirts of my garments, and was not permitted to utter to them a word of consolation, and in a moment was hurried away from them at the point of the bayonet. We were hurried back to the wagons and ordered into them, all in about the same space of time. In the mean while our father, and mother, and sisters, had forced their way to the wagons to get permission to see us; but were forbidden to speak to us; and they immediately drove off for Jackson county. We travelled [traveled] about twelve miles that evening, and encamped for the night. The same strong guard was kept around us, and were relieved every two hours, and we were permitted to sleep on the ground, the nights were then cold, with considerable snow on the ground, and for the want of covering and clothing, we suffered extremely with the cold. That night was a commencement of a fit of sickness from which I have not wholly recovered unto this day, in consequence of my exposure to the inclemency of the weather. Our provision was fresh beef roasted in the fire on a stick; the army having no bread in consequence



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of the want of mills to grind the grain. In the morning at the dawn of day, we were forced on our journey and were exhibited to the inhabitants along the road; the same as they exhibit a carravan [caravan] of elephants or camels. We were examined from head to foot, by men women and children, only I believe they did not make us open our mouths to look at our teeth. This treatment was continued incessantly, until we arrived at Independence, in Jackson county. After our arrival at Independence, we were driven all through the town for inspection, and then we were ordered into an old log house, and there kept under guard as usual, until supper, which was served up to us as we sat upon the floor, or on billets of wood, and we were compelled to stay in that house all that night and the next day. They continued to exhibit us to the public, by letting the people come in and examine us, and then go away and give place for others, alternately all that day and the next night; but on the morning of the following day we were all permitted to go to the tavern to eat and to sleep; but afterward they made us pay our own expenses, for board, lodging, and attendance, and for which they made a most exorbitant charge. We remained in the tavern about two days and two nights, when an officer arrived with authority from General Clark, to take us back to Richmond, Ray county, where the general had arrived with his army to await our arrival there; but on the morning of our start for Richmond, we were informed by General Wilson, that it was expected by the soldiers that we would be hung up by the necks on the road, while on the march to that place, and that it was prevented by a demand made for us by General Clark, who had the command in consequence of seniority, and that it was his prerogative to execute us himself; and he should give us up into the hands of the officer, who would take us to General Clark, and he might do with us as he pleased. During our stay at Independence, the officer informed us that there were eight or ten horses in that place belonging to the Mormon people, which had been stolen by the soldiers, and that we might have two of them to ride upon, if we would cause them to be sent back to the owners after our arrival at Richmond. We accepted of them, and they were rode to Richmond, and the owners came there and got them. We started in the morning under our new officer, Colonel Price, of Keytsville, Chariton county, with several other men to guard us over. We arrived there on Friday evening, the 9th day of November, and were thrust into an old log house, with a strong guard placed over us. After we had been there for the space of half an hour, there came in a man who was said to have some notoriety in the penitentiary, bringing in his hands a quantity of chains and padlocks. He said he was commanded by General Clark to put us in chains. Immediately the soldiers rose up and pointing their guns at us, placed their thumb on the cock, and their finger on the trigger; and the state's prison keeper went to work; putting a chain around the leg of each man, and fastening it on with a padlock, until we were all chained together, seven of us.

In a few moments came in General Clark, we requested to know of him what was the cause of all this harsh and cruel treatment.-He refused to give us any information at that time; but said he would in a few days; so we were compelled to continue in that situation; camping on the floor, all chained together, without any chance or means to be made comfortable; having to eat our victuals as it was served up to us, using our fingers and teeth instead of knives and forks. Whilst we were in this situation, a young man of the name of Grant, brother-in-law to my brother William Smith, came to see us, and put up at the tavern where General Clark made his quarters, he happened to come in time to see General Clark make choice of his men, to shoot us on Monday morning, the 12th day of November, he saw them make choice of their rifles, and load them with two balls in each, and after they had prepared their guns, General Clark saluted them by saying 'Gentlemen, you shall have the honor of shooting the Mormon leaders on Monday morning at eight o'clock!' But in consequence of the influence of our friends, the heathen general was intimidated, so that he durst not carry his murderous designs into execution, and sent a messenger immediately to Fort Leavenworth to obtain the military code of laws. After the messenger's return, the general was employed nearly a whole week, examining the laws; so Monday passed away without our being shot: however, it seemed like foolishness to me for so great a man as General Clark pretended to be, should have to search the military law to find out whether preachers of the gospel, who never did military duty, could be subject to court martial. However, the general seemed to learn that fact after searching the military code, and came into the old log cabin where we were under guard, and in chains, and told us he had concluded to deliver us over to the civil authorities; as persons guilty of treason, murder, arson, larceny, theft, and stealing. The poor deluded general did not know the difference between theft, larceny, and stealing. Accordingly we were handed over to the pretended



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civil authorities, and the next morning our chains were taken off, and we were guarded to the court-house, where there was a pretended court in session; Austin A. King being the judge, and Mr. Birch, the district attorney;-the two extremely and very honorable gentlemen who sat on the court martial when we were sentenced to be shot. Witnesses were called up and sworn at the point of the bayonet and if they would not swear to the things they were told to do, they were threatened with instant death, and I do know, positively, that the evidence given in by those men whilst under duress, was false. This state of things was continued twelve or fourteen days, and after that time we were ordered by the judge, to introduce some rebutting evidence, saying, if we did not do it, we would be thrust into prison. I could hardly understand what the judge meant, for I considered we were in prison already and could not think of any thing but the persecutions of the days of Nero, knowing that it was a religious persecution, and the court an inquisition: however, we gave him the names of forty persons who were acquainted with all the persecutions and sufferings of the people.-The judge made out a subpœna, and inserted the names of those men and caused it to be placed in the hands of Bogard, the notorious Methodist minister, and he took fifty armed soldiers and started for Far West. I saw the subpœna given to him and his company, when they started. In the course of a few days they returned with most all those forty men, whose names were inserted in the subpœna and thrust them into jail, and we were not permitted to bring one of them before the court, but the judge turned upon us with an air of indignation and said, gentlemen you must get your witnesses or you shall be committed to jail immediately; for we are not going to hold the court open on expense much longer, for you any how. We felt very much distressed and oppressed at that time. Colonel Wight said, what shall we do? Our witnesses are all thrust into prison, and probably will be, and we have no power to do any thing, of course we must submit to this tyranny and oppression; we cannot help our selves. Several others made similar expressions in the agony of their souls; but my brother Joseph did not say any thing, he being sick at that time with the tooth ache, and ague in his face, in consequence of a severe cold brought on by being exposed to the severity of the weather. However, it was considered best by General Doniphan and Lawyer Reese, that we should try to get some witnesses before the pretended court. Accordingly, I myself gave the names of about twenty other persons; the judge inserted them in a subpœna, and caused it to be placed into the hands of Bogard the Methodist priest, and he again started off with his fifty soldiers to take those men prisoners, as he had done to the forty others. The judge sat and laughed at the good opportunity of getting the names, that they might the more easily capture them, and so bring them down to be thrust into prison, in order to prevent us from getting the truth before the pretended court, of which himself was the chief inquisitor or conspirator. Bogard returned from his second expedition with one prisoner only, whom he also thrust into prison.

The people at Far West had learned the intrigue and had left the State, having been made acquainted with the treatment of the former witnesses. But we, on learning that we could not obtain witnesses; whilst privately consulting with each other what we should do, discovered a Mr. Allen, standing by the window on the outside of the house, we beckoned to him as though we would have him come in, he immediately came in. At that time Judge King retorted upon us again, saying, gentlemen are you not going to introduce some witnesses; also, saying it was the last day he should hold the court open for us, and if we did not rebut the testimony that had been given against us, he should have to commit us to jail. I had then got Mr. Allen into the house, and before the court, so called. I told the judge we had one witness, if he would be so good as to put him under oath; he seemed unwilling to do so; but after a few moments consultation, the state's attorney arose and said he should object to that witness being sworn, and that he should object to that witness giving in his evidence at all; stating that this was not a court to try the case, but only a court of investigation on the part of the state. Upon this, General Doniphan arose, and said 'he would be God damned if the witness should not be sworn, and that it was a damned shame that these defendants should be treated in this manner; that they could not be permitted to get one witness before the court, whilst all their witnesses, even forty at a time, have been taken by force of arms, and thrust into the 'bull pen' in order to prevent them from giving their testimony.' After Doniphan sat down, the judge permitted the witness to be sworn, and enter upon his testimony. But so soon as he began to speak, a man by the name of Cook, who was a brother-in-law to Priest Bogard, the Methodist, and who was a lieutenant, and whose place at that time, was to superintend the guard, stepped in before the pretended court, and took him by the nape of his neck and jammed his head down



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under the pole or log of wood, that was placed up around the place where the inquisition was sitting, to keep the by-standers from intruding upon the majesty of the inquisitors, and jammed him along to the door, and kicked him out of doors. He instantly turned to some soldiers who were standing by him, and said to them, 'go and shoot him, damn him, shoot him, damn him.'

The soldiers ran after the man to shoot him, he fled for his life and with great difficulty made his escape. The pretended court immediately arose, and we were ordered to be carried to Liberty, Clay county, and there to be thrust into jail. We endeavored to find out for what cause, but all that we could learn was because we were Mormons. The next morning a large wagon drove up to the door, and a blacksmith came into the house with some chains and handcuffs, he said his orders were from the judge, to handcuff us, and chain us together, he informed us that the judge had made out a mittimus, and sentenced us to jail for treason; he also said the judge had done this that we might not get bail; he also said the judge stated his intention to keep us in jail until all the Mormons were driven out of the state; he also said that the judge had further stated that if he let us out before the Mormons had left the state, that we would not let them leave, and there would be another damned fuss kicked up; I also heard the judge say myself, whilst he was sitting in his pretended court, that there was no law for us, nor the Mormons, in the State of Missouri: that he had sworn to see them exterminated, and to see the Governor's order executed to the very letter, and that he would do so; however, the blacksmith proceeded and put the irons upon us and we were ordered into the wagon and drove off for Clay county, and as we journeyed along on the road, we were exhibited to the inhabitants, and this course was adopted all the way, thus making a public exhibition of us, until we arrived at Liberty, Clay County. There we were thrust into prison again, and locked up-and were held there in close confinement for the space of six months, and our place of lodging was the square side of a hewed white oak log-and our food was any thing but good and decent; poison was administered to us three or four times, the effect it had upon our system was, that it vomited us almost to death, and then we would lay some two or three days in a torrid, stupid state, not even caring or wishing for life. The poison being administered in too large doses, or it would inevitably have proved fatal, had not the power of Jehovah interposed in our behalf, to save us from their wicked purpose. We were also subjected to the necessity of eating human flesh, for the space of five days, or go without food, except a little coffee, or a little corn bread, the latter I chose in preference to the former. We none of us partook of the flesh except Lyman Wight; we also heard the guard which was placed over us making sport of us, saying that they had fed us upon 'Mormon beef.' I have described the appearance of this flesh to several experienced physicians, and they have decided that it was human flesh. We learned afterwards, by one of the guard, that it was supposed that that act of savage cannibalism, in feeding us with human flesh, would be considered a popular deed of notoriety; but the people on learning that it would not take, tried to keep it secret; but that fact was noised abroad before they took that precaution. Whilst we were incarcerated in prison, we petitioned the Supreme Court of the State of Missouri for habeas corpus, twice, but were refused both times by Judge Reynolds, who is now the Governor of that State. We also petitioned one of the county judges for a writ of habeas corpus, which was granted in about three weeks afterwards; but were not permitted to have any trial; we were only taken out of jail and kept out for a few hours and then remanded back again. In the course of three or four days after that time, Judge Turnham came into the jail in the evening, and said he had permitted Mr. Rigdon to get bail, but said he had to do it in the night, and had also to get away in the night, and unknown to any of the citizens or they would kill him; for they had sworn to kill him if they could find him: and as to the rest of us, he dared not let us go, for fear of his own life, as well as ours. He said it was damned hard to be confined under such circumstances, for he knew we were innocent men, and he said the people also knew it; and that it was only a persecution and treachery, and the scenes of Jackson county acted over again, for fear that we would become too numerous in that upper country. He said the plan was concocted from the governor down to the lowest judge, and that that damned Baptist priest, Riley, who was riding into town every day to watch the people, stirring up the minds of the people against us all he could, exciting them and stirring up their religious prejudices against us, for fear they would let us go. Mr. Rigdon, however, got bail and made his escape to Illinois. The jailor [jailer], Samuel Tillery, Esq., told us also, that the whole plan was concocted by the governor down to the lowest judge in that upper country, early in the previous spring, and that the plan was more fully carried out at the time that General Atchison



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went down to Jefferson City, with General Wilson, Lucas and Gillum, the self-styled 'DELAWARE CHIEF.' This was some time in the month of September, when the mob were collected at DeWitt, in Carroll county. He also told us that the governor was now ashamed enough of the whole transaction and would be glad to set us at liberty if he dared to do it; but said he, you need not be concerned, for the governor has laid a plan for your release. He also said that Squire Birch the State's Attorney, was appointed to be Circuit Judge, on the circuit passing through Davies county, and that he (Birch) was instructed to fix the papers, so that we would be sure to be clear from any incumbrance [encumbrance], in a very short time.

Sometime in April, we were taken to Davies county, as they said, to have a trial, but when we arrived at that place, instead of finding a court or a jury, we found another inquisition, and Birch, who was the district attorney, the same man who was one of the court martial when we were sentenced to death, was now the circuit judge of that pretended court; and the grand jury that was empanelled [impaneled], were all at the massacre at Hawn's [Haun's] Mill, and lively actors in that awful, solemn, disgraceful, cool blooded murder, and all the pretence [pretense] they made of excuse, was, they had done it because the governor ordered them to do it. The same jury sat as a jury in the day time, and were placed over us as a guard in the night time; they tauntalized [tantalized] and boasted over us, of their great achievements at Hawn's [Haun's] Mills, and at other places, telling us how many houses they had burned, and how many sheep, cattle and hogs they had driven off, belonging to the Mormons, and how many rapes they had committed, and what squealing and kicking there was among the damned bitches; saying that they lashed one woman upon one of the damned Mormon meeting benches, tying her hands and her feet fast, and sixteen of them abused her as much as they had a mind to, and then left her bound and exposed in that distressed condition. These fiends of the lower region boasted of these acts of barbarity, and tantalized our feelings with them for ten days. We had heard of these acts of cruelty previous to this time, but we were slow to believe that such acts of cruelty had been perpetrated. The lady who was the subject of their brutality, did not recover her health, to be able to help herself for more than three months afterwards. This grand jury constantly celebrated their achievements with grog and glass in hand, like the Indian warriors at their war dances, singing and telling each other of their exploits, in murdering the Mormons, in plundering their houses and carrying off their property; at the end of every song they would bring in the chorus: 'God damn God, God damn Jesus Christ, God damn the Presbyterians, God damn the Baptists, God damn the Methodists,' reiterating one sect after another in the same manner, until they came to the Mormons, to them it was, 'God damn the God damn Mormons; we have sent them to hell.' Then they would slap their hands and shout hosanna, hasanna [hosanna], glory to God, and fall down on their backs, and kick with their feet a few moments; then they would pretend to have swooned away into a glorious trance, in order to imitate some of the transactions at camp meetings. Then they would pretend to come out of their trance, and would shout and again slap their hands and jump up, while one would take a bottle of whiskey and tumbler, and turn it out full of whiskey, and pour it down each other's necks, crying 'damn it take it, you must take it;' and if anyone refused to drink the whiskey, others would clinch him whilst another poured it down his neck, and what did not go down the inside, went down the outside; this is a part of the farce acted out by the grand jury of Davies county, whilst they stood over us as guards, for ten nights successively. And all this in the presence of the great Judge Birch, who had previously said in our hearing, that there was no law for the Mormons in the state of Missouri. His brother was then acting as district attorney in that circuit, and if anything, was a greater cannibal than the judge. After these ten days of drunkenness, we were informed that we were indicted for treason, murder, arson, larceny, theft and stealing. We asked for a change of venue from that county to Marion county, but they would not grant it; but they gave us a change of venue from Davies to Boon County; and a mittimus was made out by the pretended Judge Birch, without date, name or place. They fitted us out with a two horse wagon, and horses, and four men, besides the sheriff, to be our guard; there were five of us. We started from Gallatin the sun about two hours high, P.M., and went as far as Diahman that evening and staid [stayed] till morning. There we bought two horses of the guard and paid for one of them in our clothing, which we had with us, and for the other we gave our note. We went down that day as far as Judge Morin's, a distance of some four or five miles. There we staid [stayed] until the morning, when we started our journey to Boon county, and travelled [traveled] on the road about twenty miles distance. There we bought a jug of whiskey, with which we treated the company, and while there the sheriff showed us the mittimus,



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before referred to, without date or signature, and said that Judge Birch told him never to carry us to Boon county, and never to show the mittimus; and said he, I shall take a good drink of grog and go to bed; and you may do as you have a mind to. Three others of the guard drank pretty freely of whiskey, sweetened with honey; they also went to bed, and were soon asleep, and the other guard went along with us and helped to saddle the horses. Two of us mounted the horses, and the other three started on foot, and we took our change of venue for the State of Illinois; and in the course of nine or ten days arrived safely at Quincy, Adams county, where we found our families in a state of poverty, although in good health; they having been driven out of the state previously; by the murderous militia, under the exterminating order of the Executive of Missouri; and now, the people of that state, a portion of them, would be glad to make the people of this state believe that my brother Joseph has committed treason, for the purpose of keeping up their murderous and hellish persecution, and they seem to be unrelenting, and thirsting for the blood of innocence, for I do know most positively that my brother Joseph has not committed treason, nor violated one solitary item of law or rule, in the State of Missouri.

But I do know that the Mormon people, en masse, were driven out of that State, after being robbed of all they had, and they barely escaped with their lives: as well as my brother Joseph, who barely escaped with his life, his family also, was robbed of all they had, and barely escaped with the skin of their teeth, and all of this in consequence of the exterminating order of Governor Boggs, the same being confirmed by the Legislature of that State. And I do know-so does this court, and every rational man who is acquainted with the circumstances, and every man who shall hereafter become acquainted with the particulars thereof-will know, that Governor Boggs, and Generals Clark, Lucas, Wilson and Gillum, also Austin A. King, have committed treason upon the citizens of Missouri and did violate the Constitution of the United States, and also the Constitution and laws of the State of Missouri; and did exile and expel, at the point of the bayonet, some twelve or fourteen thousand inhabitants from the State, and did murder some three or four hundreds of men, women and children in cold blood, and in the most horrid and cruel manner possible, and the whole of it was caused by religious bigotry and persecution, because the Mormons dared to worship Almighty God according to the dictates of their own consciences, and agreeably to His divine will, as revealed in the scriptures of eternal truth, and had turned away from following the vain traditions of their fathers, and would not worship according to the dogmas and commandments of those men who preach for hire and divine for money, and teach for doctrine the precepts of men-expecting that the Constitution of the United States would have protected them therein. But notwithstanding the Mormon people had purchased upwards of two hundred thousand dollars worth of land, most of which was entered and paid for at the land office of the United States in the State of Missouri-and although the President of the United States has been made acquainted with these facts and the particulars of our persecutions and oppressions, by petition to him and to Congress-yet they have not even attempted to restore the Mormons to their rights, or given any assurance that we may hereafter expect redress from them. And I do also know, most positively and assuredly, that my brother, Joseph Smith, Senior, has not been in the State of Missouri since the spring of the year 1839. And further his Deponent saith not.

HYRUM SMITH.

[TO BE CONTINUED.]

The Times and Seasons, IS EDITED BY JOHN TAYLOR. Printed and published about the first and fifteenth of every month, on the corner of Water and Bain Streets, Nauvoo, Hancock County, Illinois, by JOHN TAYLOR AND WILFORD WOODRUFF.

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