EVIDENCE

The Testimony Given Before the Judge of the Fifth Judicial District of the State of Missouri, on the Trial of Joseph Smith, Jr., and others, for High Treason and Other Crimes Against that State.

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Printed at the office of the Boon's Lick Democrat.

1841.

    Nehemiah Odle, sen., a witness, produced, sworn, and examined for the State, deposeth and saith: That he was in the battle between Capt. Samuel Bogart and the, Mormons, on the 25th of October last, and says Parley P. Pratt was in the battle, commanding part of the Mormon forces, on that occasion the officer who gave the command to the Mormons, after some kind of religious ceremony, to about this amount: "In the name of Lazarus, God, and the Lamb, fire, Danites," and, after firing twice, they charged; but which party fired first, I don't recollect. And further this depohent saith not. NEHEMIAH ODLE.

    Captain Samuel Bogart, a witness, produced, sworn, and, examined for the State, deposeth and saith: That, on the evening of the 24th October last, while ranging under the orders of General Atchison, as is below inserted, I met with several Mormons, and read it to them, supposing they would inform the Mormons of Caldwell of the character of my company. We had been informed, on that evening, by citizens of Ray, that we were in danger of being attacked by the Mormons that night; whereupon I fell back to an encampment on Crooked River, in Ray county. On the next morning, near daybreak, my picket guard gave information that they were coming; and, in a few moments, I saw the Mormon forces forming, and a few guns were fired out of the brush by the Mormons. When the fight commenced, the left wing of the Mormons was within about thirty steps of my right, and in number were about 150 or 200, as I supposed. And further this, deponent saith not. SAMUEL BOGART.

    The order under which Captain Bogart was ranging the north part of Ray county, when attacked by, the Mormons, was produced, and read in court as evidence, and is as follows:

    HEAD QUARTERS 3d Division MISSOURI MILITIA.}
Liberty, October 23,1838.

    SIR: Your communication by express has been received. You are hereby ordered to range the line between Caldwell and Ray counties, with your company of volunteers, and prevent, if possible, any invasion of Ray county by any persons in arms whatever. You will also take care to inquire into the state of things in Daviess county, and make report thereof to me, from time to time. I will endeavor to be with you in a few days, &c. DAVID R. ATCHISON,
        Maj. Gen. 3d Div., Mo. ML

    Captain S. BOGART.

    Wyatt Cravens, a witness, produced, sworn, and examined for the State, deposeth and saith: He was one in Captain Bogart's company, and was present in the fight with the Mormons on the 25th October last, about day break, in Ray county. Parley P. Pratt and Captain Patten appeared in command of the company that made an attack upon us. We were lying in camp when we heard them coming. We got up,and prepared for battle. The Mormons came within about sixty yards of us, and formed the line of battle. They approached in a body, numbering, as near as I could, guess, about 160, armed with guns, swords, and pistols, to within about forty yards of us, when the firing commenced by both parties, about the same time: I can't say which side fired first. I was taken prisoner by the Mormons. I saw Joseph Smith, jr., come up to the Mormons at a house in Log Creek timber, a few miles from the battle-ground. The wounded were taken out of the wagon there, and we started on towards Far West. J. Smith, jr., passed on by me to the head of the company, where Pratt and Wight were riding. After getting into the prairie, Wight halted the company. He, Pratt, and four others, rode off a piece, and conferred together, and then returned to the company, and called out some captain and ordered him to call out ten of his braves. Seven men came out, and I was placed under their guard, and told by Wight that they, would escort me off, and let me go about my business. We started back, and, after getting near a field the captain of the guard and one of them rode off ahead, saying they saw some one. Shortly after, the captain returned alone. He declared that I should be guarded no farther, and pointed out the path I should take; which led around the fence. I then thought the man who had not returned had been placed round the fence to kill me; but I was determined to do the best I could to make my escape. In passing on, I discovered my direction would lead me to where I thought the man was placed, and I took off to the right, and immediately I was ordered to stop by some person, whom I recognised [sic] to be the man of the guard who left with the captain of the guard, and did not return. I fled, and turned my head to look, and saw the man with his gun in a shooting position; and shortly after, while running, I was shot by him; and I made my way to Ray county. Parley P. Pratt was in the battle. Moses Rowland, one of Captain Bogart's men, and several of the Mormons, was killed in that battle. Five of Bogart's company, including myself, were wounded. And further this deponent saith not. WYATT CRAVENS.

    Morris Phelps, a witness, produced, sworn, and examined for the State, deposeth and saith: That Parley P. Pratt was in the battle with Bogart. Darwin Chase was one of the expedition, but not in the battle. Lyman Gibbs was in the battle; thinks Benjamin Jones was in the battle. Norman Shearer was also, and wounded. I was called upon by Charles C. Rich, to go down to Crooked river, to help relieve some Mormon prisoners, who, it was said, had been taken by a mob.

    John Corril, a witness produced, sworn, and examined in behalf of the State, deposeth and saith: That about las June I was invited to a private meeting, in which an effort was made to adopt some plan to get rid of the dissenters. There were some things I did not like, and opposed it with others, and failed. After that, I met President Rigdon, and he told me I ought not to have any thing to do with it; that they would do as they pleased. I took his advice. I learned afterwards that they had secret meetings; but I was never invited. None of the first presidency was present at the meeting above referred to. We have a rule in the church, authorizing any member to consecrate or give volustarily his surplus property to the church, for charitable purposes. President Rigdon last summer preached a sermon, commonly called the Salt sermon, which seemed to have for its object to produce a feeling among the people to get rid of the dissenters, for crimes alleged, and because they disagreed with them. In a few days there seemed considerable excitement among the people, and the dissenters left, as I advised them they were in danger. I was afterwards invited to one of these meetings, where an oath, in substence the same as testified to by Dr. Avard, was administered. The society was ultimately organized into companies, and captains of tens and fifties were appointed. I took exceptions only to the teachings as to the duties of that society, wherein it was said, if one brother got into, any kind of a difficulty, it was the duty of the rest

    About April last, I heard Joseph Smith, jr. and President Rigdon (who appeared to be vexed, on account of troubles and lawsuits they had had) say, that they would suffer vexatious lawsuits no longer, and that they would resist even an officer in, the discharge of his duty. Smith said he had been before courts some twenty odd times; they had never found any thing against him, and that made him of age; and he would, submit to it no longer. I heard S. Rigdon's fourth of July speech. I heard him say he would not suffer people to come into their street and abuse them, nor would they suffer vexatious law-suits. In substance, he further remarked, that "neither will we permit any man or set of men to institute vexatious law-suits against us, to cheat us out of our just rights; if they do, wo be unto them."

    This, Mormon church has been represented as being the little stone spoken of by Daniel, which should, roll on and crush all opposition to it, and ultimately should be, established as a temporal as well as a spiritual kingdom. These things were to be carried on through the instrumentality of the Danite band, as far as force was necessary; if necessary they being organized into bands of tens, fifties, &c. ready for war. The teachings of that society led them to prohibit the talkings of any persons against the presidency; -so much so, that it was dangerous for any man to set up opposition to any thing that might be set on foot, and I became afraid to speak my own mind. I objected to the course of Dr. Avard, in reference to the Danite band. I rather thought Joseph Smith, jr. upheld him, and would not allow any objections to him. After the return of the Mormons from De Witt, I heard Joseph Smith, jr., in the presence of Hyrum Smith, in a conversation, say that an application had been made to the Governor, and that they understood that he would give them no assistance, and they were determined to withstand the mob. They were greatly incensed against certain persons in Caldwell and Daviess, and said they intended to rid

    After the troops got to 'Diahmon, in all about four or five hundred men, I heard Lyman Wight addressing a portion of the men, who were there, (perhaps eight or ten:) "that the earth was the Lord's, and the fullness thereof, with the cattle upon a thousand hills; and if I was an hungry, I would not tell you;" that the Saints of the Lord had the same privilege or rights. After that, or perhaps the next day, I saw a drove of some four or five cattle pass along, and asked what cattle these were; and was answered that they were a drove of buffalo; others observed, they were cattle a Methodist priest had consecrated. Joseph Smith, jr., Hiram Smith, Parley P. Pratt, Lyman Wight, George W. Robinson, Caleb Baldwin, Alanson Ripley, George W. Harris, George Grant, Darwin Chase, Alexander McRay, Edward Partridge, Joseph W. Younger, and probably James W. Rawlins, were in the expedition that went, to Daviess county, at the time Gallatin was burnt. On the same day that the company went to Gallatin, Lyman Wight went with a company to Millport as lunderstood. He returned, and made a report (as I understood it to be) to Joseph Smith, jr., in which he said he found nothing to fight but fences and empty houses, I under stood him to say the people had not taken away all their property. Smith, the prophet, here asked him if they had taken the negroes. He said, yes. Some one then laughingly observed, Smith, you have lost your negro, to which, I think, he made no reply.

    Joseph Smith, jr. asked Wight if he had done any thing with the property remaining in Millport? Wight said not; they would leave that matter for a private council.

    Lyman Gibbs told me he went down with the expedition that fought Bogart, and he remained behind three quarters of a mile from the battle-

    James C. Owens, a witness produced, sworn, and examined on behalf of the State, deposeth and saith: In the morning of the day that the militia arrived at Far West, I heard Joseph Smith, jr., in a speech to the Mormon troops say that he did not care any thing about the coming of the troops, nor about the laws; that he had tried to please them. If they lived together, it wouldn't please them; if they scattered, it wouldn't please them; and that he did not intend to try to keep the laws or please them any longer; that they were a damned set and God should damn them, so help him Jesus Christ: that he meant to go on then, as he had begun, and take his own course, and kill and destroy, and told the men to fight like angels; that heretofore he told them to fight like devils, but now he told them to fight like angels that angels could whip devils. I think in this speech it was that lie said what they lacked in number, the Lord would make up by sending angels, and send two angels where they lacked one man. He swore considerably, and observed that they might think that he was swearing; but that God Almighty would not take notice of him in cursing such a damn set as they were. He further stated that they pretended to come out as militia, but that they were all a damned set of mobs. He stated, at that, or some other time, that as they had commenced consecrating in Daviess county, that he intended to have the surrounding counties consecrated to him; that the time had come when the riches of the Gentiles shouid be consecrated to the Saints.
    While the last expedition was in progress in Daviess, county, a portion of the troops returned to Far West, to whom, and to the people assembled, I understood Sidney Rigdon had read a letter from Joseph Smith, jr. I asked him to read it to me; which he did, and it was, as near as I can recollect, as follows: That the enemy was delivered into their hands, and that they need not fear; that this had been given to him by the spirit of prophesy, in the name of Jesus Christ. Sidney Rigdon appeared to rejoice at the information, and give into the thing. A few days before the militia got to Far West, Joseph Smith, jr., observed that he didn't intend to obey the laws any longer, that he had a great many writs served on him, and that he was of age, and did not intend to have another served on him. And further this deponent saith not. JAMES C. OWENS.

 

    John Cleminson, a witness, produced, sworn, and examined, in behalf of the State, deposeth and saith: Sometime in June, I attended two or three of the Danite meetings; and it was taught there, as a part of the duty of the band, that they should support the presidency in all their designs, right or wrong; that whatever they said was to be obeyed, and whoever opposed the presidency in what they said, or desired done, should be expelled from the county, or have their lives taken. The three composing the presidency was at one of the meetings, and, to satisfy the people, Dr.Avard called on Joseph Smith, jr., who gave them a pledge, that if they led them into a difficulty, he would give them his head for a foot-ball, and that it was the will of God that these things should be so. The teacher and active agent of the society was Dr. Avard, and his teachings were approved of by the presidency. Dr. Avard further taught, as a part of their obligation, that if any one betrayed the secret designs of the society, they should be killed, and laid aside, and nothing said about it.

I heard Sidney Rigdon's sermon, commonly called the "salt sermon," and its purport and design was about as other witnesses have stated before me. When process was filed against Joseph Smith, and others, in my office as clerk of Caldwell circuit court, for tresspass, Joseph Smith, jr., told me not to issue that writ; that he did no intend to submit to it; and that it was a vexatious thing, and I had a right to judge whether a suit was vexatious or not, and that he would see me out of it. Hiram Smith, (who was not a defendant in that suit,) also joined him in this promise, if I would not issue the writ. This was previous to the last term of the Caldwell circuit court. I considered myself not as a proper judge as to whether it was a vexatious suit or not. Joseph Smith, jr., said it was a vexatious thing and that he

 

    Reed Peck, a witness, produced, sworn, and examined, on behalf of the state, deposeth and saith:

A short time after Cowdery and the Whitmers left Far West, (some time in June,) George W. Robertson and Philo Dibble invited me to a Danite meeting. I went, and the only speaker was Dr. Avard, who explained the object of the meeting, and said that its object was, that we might be perfectly organized to defend ourselves against mobs; that we were all to be governed by the presidency, and do whatever they required, and uphold them; that we were not to judge for ourselves whether it were right or wrong; that God had raised up a prophet who would judge for us; and that it was proper we should stand by each other, in all cases -- and he gave us an example; if we found one of the Danites in difficulty, in Ray or Clay for instance, we should rescue him, if we had to do with his adversary as Moses did with the Egyptian -- put him in the sand. It made no difference whether the Danite was to blame or not; they would pack to Far West, and be taken care of. The question was asked, whether it would extend to a legal process? Avard answered, not. The Danite oath was administered to about 30 or 40 persons at this meeting. Philo Dibble told me who the head officers of the Danite band were: that George W. Robertson [sic] was colonel, that he (Dibble) was lieutenant colonel, and Semour Brunson major, and that I was chosen adjutant. After that, I had a talk with George W. Robertson and Philo Dibble together, in which I was informed who the officers were, as above; and further, that

 

    James C. Owens, a witness who was produced on a former day, and testified, being called back, further deposeth and saith: He does not think that William Whitman was in the last expedition to Daviess; I think he was left at Far West, as captain of the town guard: though he may have been in Daviess for aught I know. And further this doponent saith not. JAMES C. OWENS.

    Willam W. Phelps, a witness on the part of the State, pro,

 

    Willam W. Phelps, continued:

    That, as early as April last, at a meeting in Far West of eight or twelve persons, Mr. Rigdon arose, and made an address to them, in which he spoke of having borne persecutions, and law-suits, and other privations, and did not intend to bear them any longer, that they meant to resist the law, and if a sheriff came after them with writs they would kill him, and if any body opposed them, they would take off their heads. George W. Harris, who was present, observed, You mean the head of their influence, I suppose? Rigdon answered, he meant that lump of flesh and bones called the skull, or scalp. Joseph Smith, jr. followed Mr. Rigdon, approving his sentiments, and said that was what they intended to do. Both, in their remarks, observed, that they meant to have the words of the presidency to be as good and undisputed as the words of God; and that no one should speak against what they said. Hiram Smith was not in Far West at the time, and (I) think he was not in the country. Some time in June, steps were taken to get myself and others out of the county of Caldwell, and efforts were made to get the post office from me, (being post master,) by a demand for it. I explained the law, which I then informed the second presidency of the church, by letter, that I was willing to do any thing that was right, and, if I had wronged any man, I would make satisfaction. I was then notified to attend a meeting. Sidney Rigdon, in an address, again brought up the subject of the post office. I told them if public opinion said I should give it up, I would do so; but they (would) have to await the decision of the Postmaster General; which they agreed to do, with the understanding that a committee of three should inspect the letters written and sent by me, as well as those received by me. This committee, however, never made their appearance. After my case was disposed of, another man's was taken up; he attempted to speak in his defence, and said he was a republican. Several rushed up towards him, and stopped him, telling him if he had any thing to say in favor of the presidency, he might say it, and that was their republicanism. Joseph Smith, jr., Sidney Rigdon and Hiram Smith, who compose the first presidency were there. It was observed in the meeting that, if the person spoke against the presidency, they would hand them over to the hands of the Brother of Gideon. -- I knew not, at the time, who or what it meant. Shortly after that I was at another meeting, where they were trying several -- the first presidency being present; Sidney Rigdon was their chief spokesman. The object of the meeting seemed to be to make persons confess, and repent of their sins to God and the presidency; and arraigned them, for giving false accounts of their money and effects they had on hand; and they said, whenever they found one guilty of these things, they were to be handed over to the Brother of Gideon. Several were found guilty, and handed over as they said. I yet did not know what was meant by this expression, "the brother of Gideon." Not a great while after this, secret or private meetings were held; I endeavored to find out what they were; and I learned from John Corrill and others,

 

    George M. Hinkle, a witness for the State, produced, sworn and examined, deposeth and saith: I was in Far West when the last Mormon expedition went to Daviess county. We heard of a great number of men gathering in Daviess, (mob;) I went down without being attached to any company, or without having any command; I found there were no troops (mob) gathered there. The Mormon forces consisted of about three hundred, as I suppose; they were engaged in scouting parties; some, it is said, went to Gallatin, and much mysterious was had in camp about goods, and that they were much cheaper than in New York. This last remark was made by Parley P. Pratt. I saw goods of various kinds; but know not from whence they came. It was a common talk in camps that the mob were burning their own houses and fleeing off.

 

    William Splawn, a witness produced, sworn and examined for the State, deposeth and saith, (he is a citizen of Daviess county:) I was at

 

    Thomas M. Odel, a witness for the State, produced, sworn and examined, deposeth and salth: On the Saturday after Gallatin was burnt, an armed company of twelve men rode up to Mr. Raglin's house, in Daviess county, where I resided. They inquired for John Raglin. I told them where he had gone. They said their object was to drive the mob from the county, and that I must go. I replied that I could not; that I had no way to get off, and that my family were barefooted. They replied, that made no difference; I must go; and said if I was not gone by next morning's sunrising they would take my life. They told Mrs. Raglin she must put out; That there she could not stay, and that Raglin had better never show himself there; that they would take his life if they ever set their eyes on him. Next morning, by the assistance of friends, we did start; leaving most of our property there. Since then I have returned, and found the houses burnt, and the property gone, consisting of household stuff, and twenty-nine bee-gums. The company above mentioned inquired for gums, and got down and took one gum from the house, belonging to one Josiah Littlefield. They further said, that they had been driven, as long as they were a going to; that they had got strong enough now to defend themselves; that they intended to do it by the sword; that they were at the defiance of any set of men that could come against them; and that they now intended to make it a war of extermination.
    The following of the defendants were in, that company, viz: James: H. Rollins, Jesse D. Hunter, Darwin Chase; and I think from his appearance, that Maurice Phelps was there, but may be mistaken. Hunter appeared to be captain, or commander, of the company, as he did most of the talking; but most all of them, had something to say. And further this deponent saith not. THOMAS M. ODLE. X His mark.



 

    John Raglin, a witness for the State, produced, sworn and examined, deposeth and saith: I was in Gallatin when the Mormons made an attack upon it, which took place one Thursday in October. All the per sons that were there left the town; and the Mormons, as I believe, they were to the number of about 150 or 200, all armed, took possession of the town; and the store and other houses were burnt, as I learned, that evening. And further this deponent salth not. JOHN RAGLIN. X his mark

    Allen Rathbun, a witness for the state, produced, sworn, and examined, deposeth and saith: On the day before the battle with Bogart, I was in Far West; and early in the morning Daniel Carn, one of the defendants here, asked me to help him grease his wagon. I did so, and asked him where he was going. He said he was going out to Raglin's, in Daviess county; that there were about forty bee stands there that they were going for. Directly after, I was down in Morrison's store, in Far West. There was a company of ten or a dozen men there, with two or three wagons. I heard Mr. Huntingdon ask for brimstone. Some of the company said they had two pounds. Huntingdon said that would do. Mr. Hunter, of the defendants, here gave the word of command, and they marched off. Mr. Daniel Carn was in the wagon with them. Late that evening I saw Mr. Carn's wagon at his grocery down in Far West. I saw Carn and Huntingdon unloading it. The wagon was loaded with one bee gum, and household stuff; consisting of beds, or bed clothes, kinder tied up; also, there were onions in the wagon. Mr. Carn that evening remarked that there would be in that evening a considerable number of sheep and cattle; and further remarked, that it looked to him sometimes, that it was not right to take plunder, but that it was according to the directions of Joseph Smith, jr., and that was the reason why he did it. The next morning I saw a considerable number of sheep on the square, in Far West -- near about one hundred. I then left Far West and returned home, (in the east part of Caldwell county,) having been summoned to Far West by my militia captain, but performed no military duties while there. And further this deponent saith not.
                                        ALLEN RATHBUN.

    Jeramiah Myers, a witness for the State, produced, sworn and examined, deposeth and saith: I was in the last expedition to Daviess county; being summoned from my home, (in the east part of Caldwell county,) by my militia officer, to go to Far West, where I was told wo had to march to Daviess; and did so. I think it was the third day after our arrival at 'Diahmon that Captain Fearnaught's company, of about one hundred men, started out; and not until we got near to Gallatin did I learn where they were going. I was then told there was a

    Andrew J. Job, a witness for the State, produced, sworn, and examined, deposeth and saith: While the Mormon troops were in Daviess in the last expedition, I was taken prisoner by Captain Fearnaught (as he was called,) who, I have since learned, was a Mr. Patten.

    While they were getting me into 'Diahmon about midnight, I passed on between Millport and that place, and counted ten houses on fire. James H. Rollins, Ebenezer Page, James M. Henderson, Alanson Ripley, and Sidney Tanner, were of the company that took me, prisoner.
    When the houses were burning, I heard Ebenezer Page say that the mob were burning their own houses, and would lay it on the Mormons.

 

    Freeburn H. Gardner, a witness on behalf of the State, produced, sworn, and examined, deposeth and saith: I was pressed to go in the expedition against Captain Bogart, and went part of the way, as far as to Bragg's place, about seven miles from Bogart's camp. While there, I heard D. Patten, who was called Captain Fearnaught, lecturing the troops; heard him direct his men how to shoot-to bring their guns up on a rise to their object, and hold their breath, and fire; and generally they would make a deadly shoot; and that those they were a aoing to fight should not be able to hurt them; that their pieces should be elevated too high, or held too low.
    When called on that night to go, I was informed by the man who came for me that the object was to disperse a mob down at Crooked River. I proceeded no further than to Bragg's place. I left, and returned home.

 

    Burr Riggs, a witness for the State, produced, sworn, and examined, deposeth and saith: In the latter part of June last, immediately after the witness and Cowdrey left Far West, I fell into company with Joseph Smith, jr., and Geo. W. Robinson. Jos. Smith, jr., said there were certain men using their influence against the proceedings of the presidency, and if they were suffered to go on they would do great injury. And Smith told Robinson, the first man he heard speaking against the presidency, and against their proceedings, he must tie him up and give him thirty-nine lashes; and if that would not do, give him thirty-nine more, until he was sorry for what he had said; and Robinson said he would do it.
    About the latter part of July, I heard Sidney Rigdon say, Wm. W. Phelps and Dr. Williams, and he strongly suspected John Corrill, were using their influence against the presidency of the church; and further said, Corrill and Phelps were men of great influence in the country, and their influence must be put down.
    I did not go out (with the troops) in the late expedition to Daviess; but my team was pressed. Four or five days after the Mormon troops had gone out, I learned that one of my horse's was sick, and that I had better go out and attend to him. I went out to 'Diahmon, and got there in the evening; remained there that night, and returned to Far West next morning. While in 'Diahmon I saw a great deal of plunder brought in, consisting of beds and bed-clothes; I also saw one clock, and I saw 36 head of cattle drove in, and put into a pen. All the above property was called consecrated property; and I heard John L. Butler, one of the Mormons who was engaged in assisting to drive the cattle in, say that they had taken the cattle from the citizens of the Grindstone Fork; and said he had made a valuable expedition. I saw Ebenezer Robinson there, who had a gun-barrel in his hand. I asked him where he got it, and he told me that the evening before he had set a barn on fire, and that he heard the gun go off while the house was burning, and he went back and got the barrel out of the ruins of the barn.
    The following of the defendants were in the last expedition to Daviess: Joseph Smith, jr., Hiram Smith, Lyman Wight; I think Amasa Lyman was not there; George W. Robinson was there, Alanson

 

    Elisha Camron, a witness for the State, produced, sworn, and examined, deposeth and saith: The day before the battle with Bogart I was in Far West, and was taken prisoner. I saw Lyman Wight, and informed him that they were raising militia in Clay county, and that there was no mob out. He appeared to be very angry, and said he, would fight any body that might come against them-that he did not care what came.
    My oxen that I drove with me were taken and put to work, as I was told; and I did not recover them until after the Mormons surrendered to the militia. Wight, when conversing with me as above, appeared to be friendly with me as he had been before. And further this deponent saith not. ELISHA CAMRON.

    Charles Bleckley, a witness produced, sworn, and examined for the State, deposeth and saith: That, at the time when one of the houses at Millport was burning, I saw Joseph Smith, jr., Lyman Wight, Geo. W. Robinson, and two others, sitting on their horses looking at the burning. I also saw Mr. Turner, and a young Mr. Morin (both of whom lived in about half a mile of the place) there also.
    Some of the company on horseback said the citizens had commenced it with them, and they intended to take satisfaction. Most of the houses at Millport had the appearance of having been burnt several days before. Wight told us we might get our families out of the county in peace; that he, nor any person he could control, should hurt them; nor would they interrupt any unarmed persons. He said he had no desire they should leave the county, if they could live in peace. And further this deponent saith not. CHARLES BLECKLEY.

    James Cobb, a witness for the State, produced, sworn, and examined, deposeth and saith: That at the time when one of the houses at Millport was burning, I was there, and saw Joseph Smith, jr., Lyman Wight, Geo. W. Robinson, and two others, all on horseback, and Mr. Turner, and a son of Mr. Josiah Morin. The house (which was a stable) had just got in a way of burning. And further this deponent saith not. JAMES COBB.

 

    Jesse Kelly, a witness produced, sworn, and examined for the State, deposeth and saith: That he is a citizen of Daviess county; that about four days after the burning of Gallatin and Millport, myself and Addison Price were; surrounded in a house in Daviess county, and taken prisoners by a company of Mormons, they took from me three guns and a butcher-knife. Alexander McRay, the defendant, was captain of the company; Caleb Baldwin, another defendant, was in the company. The captain asked us if we belonged to the mob, and we replied not; he then said we had better join them, and come into 'Diahmon for protection; I replied, that I would consider of that; Mr. Price said to them, that he had moved his family into Livingston; the captain then said, if we did not wish to fight them, we must leave the State; for we intend, said he, after we get possession of Daviess, to take Livingston; and after that, keep on, till we take possession of the whole State.
    The captain then asked Mr. Price if he knew whether the Governor would be up or not; Price answered, he did not know; the captain then remarked he wished he would come up, that his scalp he would rather have than any other man's. There were thirty or forty armed men in this company, and, after carrying, us about four miles on towards 'Diahmon:, they released us, telling us we must leave, the county immediately; and if we did not want to fight them, we must leave the State immediately, for the State they intended to have. They said it was the mob who had plundered and burnt their own houses in Daviess, and then laid it on the Mormons; a number of the company had something to say, pretty much to the same import with what was said by the captain. And further this deponent saith not. JESSE KELLY.

    Addison Price, a witness in behalf of the State, produced, sworn, and examined, deposeth and saith: I am a citizen of Daviess, county; that about four, days after Millport was burnt, I was taken prisoner, together with Mr. Kelly, by a company of armed Mormons, near forty in number; they took from me a butcher-knife, bullet-moulds, and a bar of lead; and a butcher-knife, and three guns (one a shot gun, and two rifles) from Mr. Kelly, as he has himself stated. The guns were taken from Mr. Kelly, after they had taken us back to Mr. Kelly's house, where they found them; we having been taken prisoners about two miles from there. Alexander McRay, one of the defendants here, was captain of that company, and they sometimes called him general; and Caleb Baldwin was also of the company. The captain, on finding that I had removed my family and plunder into Livingston, asked me why I did so? I informed him that, as I had understood that when they came to a house they would take the beds, bedding, &c. off, I moved mine in time to save them. He advised me to go to them for protection, as there was obliged to be war there, and I would have to fight on one side or the other. I replied, I did not think there would be war; he said there would oblige to be, and, if I did not wish to fight,

 

    Samuel Kimbel, a witness on behalf of the State, produced, sworn and examined, deposeth and saith: That I reside near Far West, and was repeatedly warned, and my life threatened, if I did not go to Far West, and take up arms. About a week before the surrender of the Mormons to the militia, I went to Far West; my name was enrolled, and I was forbid to leave the town, and was paraded twice a day, and the roll called. While there, I heard Joseph Smith, jr. on a speech to the company of perhaps two hundred under arms, say it was impossible to please a mob; that he had applied to the Governor, and he understood that the Governor said he could do nothing for us. He said that the whole State was a mob, and that the Governor was nothing but a mob, and if he came upon them, he would make war upon him; he cursed the State as a damned mob, and said that God would damn them; he observed that the people might think he was swearing but that the Lord would not take notice of it. And further this deponent saith not. SAMUEL KIMBEL.

    John Whitmer, a witness for the State, produced, sworn and examined, deposeth and saith: About the 17th of April last, at a meeting of perhaps fifteen or twenty-five, in Far West, Joseph Smith, jr., spoke in reference to difficulties they had, and their persecutions, &c., in and out of the church. Mr. Smith said he did not intend in future to have any process served on him, and the officer who attempted it should die; that any person who spoke or acted against the presidency or the church should leave the country or die; that he would suffer no such to remain there; that they should lose their head. George W. Harris,

 

    James B. Turnur, a witness for the State, produced, sworn and examined, deposeth and saith: The day after Millport was burnt, in the evening I went up to Millport in company with young Mr. Morin: directly after our arrival, I saw Joseph Smith, jr., Hiram [sic] Smith, Lyman Wight and two others, ride up. Mr. Cobb; the mail rider, and several, of the Bleckleys, came up also. Cobb observed, "See what the, damned Mormons have done!" speaking of the burning. Hiram Smith asked how he knew it was the Mormons? He said they had burnt Gallatin. Some of the Mormons replied, that Gallatin was burnt by the mob

 

    [At this stage of the examination, Clark Hallett [Hullet] and Joel S. Mills were arraigned, and having time allowed them to procure counsel, they informed the court they did not wish counsel, and knew of no witnesses that they desired; and that they were ready to progress in any trial that might affect them; whereupon the trial progressed.]

    George W. Worthington, a witness on behalf of the State, produced, sworn and examined deposeth and saith: It was on Thursday, about the 18th day of October last, that Gallatin was taken by the Mormons. I reside in about a quarter of a mile of town. About one hundred Mormons, commanded by Captain Patten, as I have since learned, rushed into town; seven or eight of the citizens were there, who immediately fled. A portion of the Mormons (about fifty) surrounded my house. They took a horse, saddle, and bridle out of my yard, belonging to John A. Williams of Daviess county. They attempted to take my mare also, but ultimately agreed to let me have her; but they took my gun. I wished to know the name of the man who got it, so that I might get it at some future day. The Captain told me I need not ask for names; for they would not be given; they then all went up into town, as they said, to attend to that store; shortly after, three or four of them returned to my house again; and one of them was Joel S. Miles, one of the defendants here; they came after a Mormon girl, who was at my house; and they told me that, if I belonged to neither party, I had better put off, and take the best of my property with me. After they left, I went up into town to see after some books, notes and accounts I had up in town; but could not get hold of them, as they had been taken. I met with one of the company, some distance from Stolling's store, who told me if I would go to 'Diahmon I could get them, as well as a coat-pattern, which had also been taken. This person advised me to go to 'Diahmon or Far West, for protection. I turned off from him to return home. I looked towards the storehouse, and saw the smoke in the roof; and in a short time the flames burst out of the top of the house. I thought it best then for me to put out, seeing they were burning. It alarmed me, and I fixed, and did start, that evening, leaving something like $700 worth of property in my house. After I left, my house was burnt, and the property gone. Since then, I have seen some of my property in a vacant house in 'Diahmon; some in a storehouse; some in a house said to be bishop Knight's; all in 'Diahmon. These articles consisted of a clock, two glass jars, a box-coat, a paper of screws, some paints, a canister of turpentine, and some planes,

 

    Joseph H. McGee, a witness for the State, produced, sworn, and examined, deposeth and saith: On Thursday, the 18th day of October, I was at Mr. Worthington's in Daviess county, when the Mormons made an attack upon Gallatin. Mr. Worthington had a pair of saddle-bags in my shop, (in Gallatin,) with notes and accounts in them; and he requested me, to go up to the shop and try to secure them. When I went up, the Mormons had broken open my shop, and taken them out; one of them had put the saddle-bags on his horse and I asked him for them. He answered, that he had authority from Captain Still to take them, and would not let me have them. He then told me I must go up to the store. I went along; and when I arrived there, Clark Hallett [?], one of the defendants, told him that he knew little Joe McGee; that there was no harm in him, and to let him go. I was then turned loose. While at the, store, I saw the Mormons taking the goods out of the store house, and packing many of the articles off on their horses; a number of barrels and boxes were rolled out before the door. When these men who had goods packed before them, rode of, I heard a man, who remained at the store, halloo to one of them to send four wagons. I went down to Mr. Worthington's; and, in returning towards the store again, a short time after, I saw the smoke and flames bursting from the roof of the store house, and three men coming out of the house, who immediately rode off. The balance of the company had just previously left, except two, who were at Mr. Yales's, a citizen there, guarding him. I heard Parley Pratt order the men to take out the goods before the house was set on fire. I also saw Joel S. Miles there in the Mormon company. The following articles were taken out of my shop, in addition to Mr. Worthington's saddle-bags: two bed-quilts, a black broadcloth coat, three pair of pantaloons, two vests, a roundabout, two shirts, a pair of socks, a looking-glass, a pair of shoes, and some trimmings-such as thread, buttons, &c., all belonging to myself; 5 1/2 yards of broadcloth, with trimmings; also a vest pattern and trimmings, belonging to Mr. Worthington, and 2 1/4 yards of cloth, and the trimmings, belonging to James Handley; also, 3 1/2 yards of cloth, and a vest pattern and trimmings, belonging to Mabery Splawn; 7 yards of jeans and trimmings belonging to Enoch Riggs; also, 4 yards of jeans and trimmings belonging to Thomas Gilbrath; also, 4 yards of jeans and trimmings belonging to Mr. Creekmore, and 31/4 yards of jeans and trimmings belonging to James Bleckley. And further this deponent saith not.. J. H. McGEE.

 

    John Lockhart, a witness for the State, produced, sworn, and examined, deposeth and saith: That he was in Bogart's company, and was one of the picket guard on the morning of the attack. Myself and the other guards were standing at the same tree, near the road, about a quarter of a mile from the camp; and about day-break we discovered men approaching us in the road. When the front of them got within about 15 or 20 steps of us, the other guard raised his gun. I told him not to shoot, but to hail them. He hailed them, and asked, "Who comes there?" They replied, "a friend;" but still moved on. I hailed the second time, and bade them to stand. I asked who was there; they answered, a friend. I asked them if they had any arms, and go off, and leave them; they told me to come and get them. I again told them to lay them down, and leave them; they made a noise with their guns, as if they were laying them down, and again called to us to come and get them. I could see clear enough to perceive that they had not laid down their guns, as they said they had done; but had them on their shoulders. At that time I discovered one of the men strike the ground with his sword, and immediately I heard a percussion cap burst without the gun's firing. I told the other guard to shoot; that they had bursted a cap at us; and immediately I raised my gun and fired—the other did not shoot. We then ran to camp, where, in a few moments, the Mormons arrived, and the action commenced.
    When we were placed on guard, we had express orders to hail before we shot at anyone. 'The company we hailed in the road was the same who attacked us. And further this deponent saith not. JOHN P, LOCKHART. X his mark.

    Porter Yale, a witness for the State, produced, sworn. and examined, deposeth and saith: I was at Gallatin, at my father's, when the Mormons made an attack upon it and burnt it. When they surrounded my father's house, they took two guns-one a shot gun, and one rifle. In going to the door, I saw one of them taking my mare out of the stable. I went over to see what he was doing; who observed "that it was a pretty good mare," and was about putting a bridle upon her. I told him, if she went, I would go, along, (as I was determined to stick to my nag.) He replied, that he wanted me to go. I then caught my mare, and went with the company to 'Diahmon, where they kept me two or three days. There appeared to be about 100 Mormons (at Gallatin;) and a portion of them left with me for 'Diahmon, others were behind, coming on. Most of them had goods packed before them, on their horses, which had been taken from Stollings' store. Two men went on ahead for wagons; and on my way to 'Diahmon we met two or three wagons, which they said were going after the goods. I left before the store was set on fire; but I heard some of the


 

    Benjamin Slade, a witness for the State, produced, sworn, and examined, deposeth and saith: I was at a meeting in the schoolhouse in Far West, while the Mormon troops were in 'Diahmon, in the last expedition. After the assembly had got into the house, a guard was placed at the door. Mr. Rigdon got up, and, in a speech, said that the time had now come in which every man must take his part in this war, and that they had been running away, and leaving Caldwell county, and that the last man had now left the county that should be allowed to do so. A formal vote, by way of resolution, or covenant, was put-that, if any man attempted to leave the county, any one of the company then present was to kill him, and say nothing about it, and throw him into the brush. When this was put to the vote, I heard no one vote against it. Rigdon then called for the negative vote, and said he wanted to see if any one dare vote against it. There was no negative vote. There was other questions put and voted on; but I sat at the back part of the house, and did not distinctly hear what they were. I heard Mr. Rigdon say that "yesterday a man had slipped his wind, and was thrown in the brush;" and, said he, "the man that lisps it shall die." Several companies were called for, and made up at this meeting-a spy, provision, and wood company, &c. And further this deponent saith not. BENJAMIN SLADE.

    [At this stage of the examination the following defendants, on motion of the attorneys prosecuting on behalf of the State, were discharged, there being no evidence produced against them, viz: Amasa Lyman, John Buchannan, Andrew Whitlock, Alvin G. Tippetts, Jedediah Owens, Isaac Morley, John J. Tanner, Daniel S. Thomas, Elisha Edwards, Benjamin Covey, David Frampton, Henry Zabriski, Allen J. Stout, Sheffield Daniels, Silas Manard, Anthony Head, John T. Earl, Ebenezer Brown, James Newberry, Sylvester Hewlett, Chandler Holbrook, Martin C. Alred, and William Alred.]

    Ezra Williams, a witness on behalf of the State, produced, sworn, and examined, deposeth and saith: I was in the last expedition to Da-

 

    Addison F. Green, a witness for the State, produced, sworn, and examined, deposeth and saith: The following of the defendants were in the expedetion against Bogart, to wit: Lyman Gibbs, Norman Shearer, and Darwin Chase. I saw Joseph Smith, jr., Sidney Rigdon, Lyman Wight, and Francis Higbey, come riding up from towards Far West, meeting the company who had that morning fought with Bogart. They met the company near the timber of Log creek in Caldwell county. I was one of the spy company from Far West; and the evening before the fight Captain Bogart had taken me prisoner in Ray county, but released me the same evening, and told me I could go home; but I thought proper to remain with them in camp that night. I was at a meeting in Far West, the Saturday before the fight with Bogart, in which a spy and other companies were organized. I heard Sidney Rigdon (speaking of those who would attempt to leave the county at that time) say, "It was the duty of any present, if, they saw such movements, to stop the men;" and if they persisted in going, he said something about sending them to the other world to tell their hellish news, or something like this.
    The evening that I and one Pinckun [Pinkham] were taken prisoners (who was liberated when I was,) our two horses were also. I knew of nobody about, who could have taken the news to Far West. And further this deponent saith not. A. F. GREEN.

    John Taylor, a witness on behalf of the State, produced, sworn and examined, deposeth and saith: In the morning of the battle with Bogart, I was on the prairie a short time after the battle, and saw the Mormon company on their return. I saw Lyman Gibbs one of the defendants, in the company. This was about one and a half mile from the battle ground. Gibbs had arms, and charged me with being a mob; said he knew I was, &c. And further this deponent saith not. JOHN TAYLOR. X his mark.
    [John Taylor lives in Ray county, near the Caldwell line.]

 

    Timothy Lewis, a witness for the State, produced, sworn, and examined, deposeth and saith: I was at 'Diahmon during the last expedition to Daviess county. I remained in the place during the time the Mormon troops were there. I was out on one of their scouting parties, but saw a great deal of property and plunder brought in, which was said to be consecrated property by those who brought it in, as well as by others. Those who were active in plundering, said they intended to consecrate all the property in Daviess county, and take the county to themselves. They said there was no law in this State, but that a law was about to be established by a higher Power, to be given by revelation.
    The following of the defendants were in the expedition to Daviess county: Alanson Ripley, David Pettigrew, and Joseph W. Younger, Alanson Ripley resides in 'Diahmon, and is a surveyor. I saw him surveying, but did not see him take up arms. And further this deponent saith not. TIMOTHY LEWIS. X his mark.

    [Clark Hallett, one of the defendants, at this stage of the examination asked the court to assign him counsel, he not being able to employ counsel: whereupon the court assigned Messrs. Rees, Doniphan, and Williams, as counsel.]

    Patrick Lynch, a witness for the State, produced, sworn and examined, deposeth and saith: I was living in Gallatin, a clerk in Stolling's store, when the Mormons took that place, which was about the middle of October last. When the Mormons had approached to within fifty or one hundred yards of the storehouse, I left, having first locked the door, and deposited the key in my pocket. I ran into the brush, between one hundred and two hundred yards of the storehouse, where I saw them taking the goods from the house; some were packed off on horses; and after that, when near half a mile off, I saw wagons, apparently loaded, which I believed to be goods from the store. I have found a number of articles taken from the store in 'Diahmon, since the surrender of arms there by the Mormons-such as tin-ware, painted muslin, a piece of bleached domestic, a piece of brown cloth, a lady's cloak, three pair of scales, and a part of two sets of weights, a ledger and three day-books, and the notes of hand to the amount of perhaps $300, were taken from the store. The books have not been recovered, but the notes I found in the house of Bishop Knight, at 'Diahmon, in the possession of his wife, except such notes as were on Mormons; these we have not recovered. In about three hours after the Mormons took Gallatin, I returned, and found the store-house burnt. The post office and treasurer's office were kept in the store-house, and the records, papers &c., belonging to each were either taken off by the Mormons or consumed by the fire. And further this deponent saith not. PATRICK LYNCH.

 

[Defence Witnesses]

    Malinda Porter, a witness for the defendants, produced, sworn, and examined deposeth and saith: I have been living in the family of Lyman Wight for the last two years, as an inmate of the family. On Monday night of the arrival of the Mormon troops at 'Diahmon, in the last expedition to Daviess, I was at Lyman Wight's house; he was not absent from the house that night; his wife was sick, and a guard was placed around his house that night. Lyman Wight has two feather-beds, and one of them was taken away by an old lady, who, I was told, was a Mrs. Morgan, and who claimed it as hers. Of the bed taken away, the tick was striped, and pieced at one end; the stripes of the piece were crosswise. This bed has been in the family ever since I have lived in it. There were also some knives and forks taken from the house at the same time, and by the same person, which were the property of Lyman Wight; and three glass tumblers were also taken from his house, which was his property. During all the time that the Mormon troops were in 'Diahmon, Colonel Wight remained in 'Diahmon, and was not out in any scouting party. And further this deponent saith, not. MALINDA PORTER.

    Delia F. Pine, a witness for the defendants, produced, sworn, and examined, deposeth and saith: I have been living in Lyman Wight's family since the 5th of July last, and was at his house when the Mormon troops arrived at 'Diahmon, in the last expedition to Daviess. That night Lyman Wight remained at home all night. There was a bed in Wight's house, belonging to him, which was pieced at the end, and which has, since the surrender of the Mormons, been claimed and taken off by a woman, said to be a widow Morgan; also, she, claimed and took some spoons, knives, and forks, which I knew were the property of Wight. I at no time have seen property at his house which, did not belong to him. Lyman Wight never left 'Diahmon during the stay of the Mormon troops there, in the last expedition which was during the whole time troops, were in Daviess. And during the time they were in Daviess, I do not think Mr. Wight was out of my sight, at any time, more than an hour. It was Wednesday, before the snow fell, it think, that the Mormon troops arrived in 'Diahmon, and they

 

    Nancy Rigdon, a witness on behalf of the defendants, produced, sworn, and examined, deposeth and saith: I have heard Sampson Avard say that he would swear to a lie to accomplish an object; that he had told many a lie, and would do so again. When George W. Robinson went to Daviess, during the last expedition, he went after the troops had left Far West, and returned after some and before others had returned. I saw Mr. Robinson when he returned, and he had no clock with him, nor have I seen any clock about the house, which was brought from Daviess county. In the morning of the fight with Bogart, I heard my father, Sidney Rigdon, say that Captain Patten's company had gone down the night before to see about a mob. He was apprized of their going at the time of their going; but I knew nothing of it till that morning, when a messenger came to my father's, and informed him that there had been a fight. My father then started to meet the company, and to see those who were wounded. And further this deonent saith not. NANCY RIGDON.

    Jonathan W. Barlow, a witness for the defendants, produced, sworn, and examined, deposeth and saith: I was at Joseph Smith, jr's. house the morning after the battle with Captain Bogart. A messenger, (named, I think, Mr. Emmett,) came early in the morning after Smith, from Captain Patten, saying that Patten was wounded, and wished to see Smith. I caught Joseph Smith and Lyman Wight's horses, who started off together. (On cross-examination.) I did the feeding, watering of horses, cutting of wood, &c., about the place of Joseph Smith, jr.; and on that evening (the evening before Bogart's battle) I was absent from the house on that business perhaps half an hour, and finished about dark. I was in the house from that time through the night, and was not out, that I remember of-at least not longer than to go a few paces for a pail of water. Joseph Smith, Jr., and Lyman Wight, were both in the house all the time, and were not absent that night, that I know of; and had they been absent before bed-time long enough to have gone to the square up in town, I should most likely have known it; and I don't believe they were. They went to bed, be-

 

    Thorit Parsons, a witness on behalf of the defendants, produced, sworn,and examined, deposeth and saith: I was living in Caldwell county at the time of the battle with Captain Bogart, on the head of the east fork of Log creek, and about five or six miles from the battle-ground. On the day. before the fight, between 1 and 3 o'clock in the evening, a company of twenty-three, mostly armed men, came to my house; they inquired my name, and told me I must go away-that I must- leave that place. I asked them where I should go; they answered that was my own lookout, and that I must leave there by next day night. They were strangers, all to me; but I have seen the man since who had the command of them, and now think that it was Captain Bogart, as he looks like the man, having learned his name since. They further stated to me, that if they got the forces from Clinton county expected, they would give Far West thunder and lightning before the next day night. All that was said to me, was sent immediately to Far West, I think that Lieut. Cook was also of the company, and was ordered by the captain to go in and look for guns. I told him I had none and he said he would take my word for it. And further this deponent saith not. THORIT PARSONS.

    Ezra Chipman, Ezra Chipman, a witness on behalf of the defendants, produced, sworn, and examined, deposeth and saith: I was at Lyman Wight's house, sick, during the late expedition to Daviess county. Lyman Wight was not out of 'Diahmon on any expedition, nor did he command any company during the stay of the Mormons at 'Diahmon, nor was he out of the town, to my recollection, during that time; had he been, I think I should most likely have known it. I saw a bed taken from Lyman Wight's house, after the surrender of arms by the Mormons at 'Diahmon, and claimed by the old lady who took it; the same bed I saw at Wight's before the coming of the Mormons to 'Diahmon. During the stay of the Mormon troops at 'Diahmon, in the last expedition to Daviess, I am certain that Wight was not out of Diahmon fhalf an hour at one time. And further this deponent saith not. EZRA CHIPMAN.

    Arza Judd, jr., a witness on behalf of the defendants, produced, sworn, and examined, deposeth and saith: I was at the house of Thorit Parsons, in Caldwell county, on the day before the battle with Bogart; and a company of armed men (about twenty or upwards) came there

 

    [At this stage of the examination, the defendants by their counsel, informed the court that they had closed the examination of their witnesses. The following witness was then produced as rebutting testimony on behalf of the State, to-witt:]

    Asa Cook, a witness for the State, produced, sworn, and examined, deposeth and saith: That, on the day before the battle with Bogart, I was in the edge of Caldwll; but heard no man, nor did I myself, order Thorit Parsons, or any other man, away from his home; I met with a man, in the road in Caldwell county, going towards Far West, who said he was a Mormon. I told him to tell his leaders when he arrived at Far West, that we were no mob, but militia, acting under General Atchison's order. After this man left us, myself and two others, who constituted my company, turned across the prairie to the timber on the head waters of Log Creek, and, at a house in the edge of the timber, I met with a number of Capt. Bogart's company, to which I belonged; and I heard Mr. Lockhart, one of the Company, inquire[d] (I think,) where Parsons lived; and I understood the answer to be, from the man of the house, that he lived lower down the creek. I never heard Capt. Bogart say anything to this man, like ordering him off. Capt. Bogart had learned that he might be attacked that night, and he was out on the edge of Caldwell, to discover if the Mormons were making any movements indicating an intention to attack him.
    There was a conversation (at the house, above referred to,) between John Lackhart and the man of the house, of a rough character, in relation to Parsons, as I understood it, but did not distinctly learn any thing said. I am Lieutenant of the company, and there were not orders given, nor was it understood that any member of the company was authorized, to order any citizens to leave their homes. And further this deponent saith not. Asa Cook."

    At this point, the testimony on both sides closed, and the court being satisfied that there is no probable cause for charging a portion of said prisoners, with the offences alleged against them, to wit: King Follet, Benj. Jones, Geo. W. Morris [Harris], Elijah Newman, Moses Clawson, and Daniel Shearer, they are accordingly discharged. On motion of the circuit attorney, and there appearing to the satisfac-

 

    As Judge of the fifth Judicial Circuit, in the State of Missouri, and sitting as a court of inquiry against the above named defendants for the several offences of Treason against the State, Murder, Burglary, Arson, Robbery and larceny, I certify that the several witnesses

 

    O. H. Searcy to General Clark. Gen. Clark:- I think you have now all the testimony. Col. Price informed me, that your and and himself transcribed the testimony of W. W. Phelps and Reed Peck. If any is wanting, it is John Cleminson's, but I think I transcribed that in the book you took down with you. Below I give you a list of the witnesses, in the order they were examined-if the testimony of any are lacking, I will transcribe it for you. I remain, respectfully, Yours, &c., O. H. SEARCY.

    List of witnesses for the State. Sampson Avard, Wyatt Cravens, Gen. Atchison's order, Nehemiah Odle, Capt. Samuel Bogart, Maurice Phelps, John Corrill, Robert Snodgrass, George Walter, George M. Hinkle, James C. Owens, Nathaniel Carr, Abner Scovel, John Cleminson, Reed Peck, James C. Owens (re-examined,) William Splawn, Thomas M. Odle, John Raglin, Allen Rathbun, Jeremiah Myers, Andrew J. Job, Freedurn H. Gardner, Burr Riggs, Elisha Camron, Charles Bleckley, James Cobb, Jesse Kelly, Addison Price, Samuel Kimbel, William W. Phelps, John Whitmer, James B. Turnur, George W. Worthington, Joseph H. McGee, John Lockhart, Porter Yale, Benjamin Slade, Ezra Williams, Addison F. Green, John Taylor, Timothy Lewis, Patrick Lynch.

    Witneses for the Defendants. Malinda Porter, Delia F. Pine, Nancy Rigdon, Jonathan W. Barlow, Thorit Parsons, Ezra Chipman and Arza Judd, jr.

    Rebutting testimony for the State. Asa Cook.

 

    OFFICE OF SECRETARY OF STATE, City of Jefferson,
    February 23, 1841. To the clerk of the circuit court of Boone county.

    SIR:-By a resolution of the last General Assembly, the Secretary of State was required to have published, in pamphlet, form, a number of copies of the evidence taken before the Examining Court, at Richmond, in relation to the Mormon difficulties, and such of the letters, orders and correspondence on that subject, on file in this office, as might be selected by a joint committee of the two Houses of the General Assembly. In the report of that committee, which has been made to me, they express the opinion that the Secretary of State should procure from the clerks of the circuit courts of Boone and other counties, a general certificate, as to
    1st Who of the Mormons were indicted.
    2d. For what crime.
    3d. What was the final disposition of said indictments.
    First. Whether they (the indictments) were disposed of by trial or dismissed; or,
    Second. In any case was a trial prevented by the escape of the prisoner, or the forfeiture of his recognizance, or from any other cause.
    In order to carry this opinion into full effect, let me request you to transmit to me, at your earliest convenience, a certificate embracing in full the above particulars.
    As such information will serve to render more clear and striking many of the facts, detailed in the testimony, (which is on file in this office,) and will thereby assist in clearing the aspersions which are now so industriously circulated against our State, in consequence of these disturbances, I trust that you will loose [sic] no time in preparing your certificate for publication, which, it is desirable, should be made at a period as early as possible. I am very respectfully, Your obedient servant, JAMES L MINOR, Secretary of State.

 

    I, Roger N. Todd, Clerk of the Boone Circuit Court, in obedience to a request from the Secretary of State, do hereby certify, that the following persons were indicted in the Daviess Circuit Court, for the following crimes, and that a change of venue was granted them to the county of Boone, as appears from the records, certified from the Daviess Circuit Court:

    Indictment for obstructing process, State of Missouri, }
            vs.

    Lyman Wight and Wm. Osburn.

Who were ordered by the Daviess Circuit Court, to be taken by the sheriff of said county, to the jail in the county of Boone, there to await their trial, which said defendants were not delivered, and this cause was dismissed, after remaining on the docket for some time, the defendants not appearing.

    Indictment for treason, State of Missouri,
            vs.

    Jacob Gates, Hiram Smith, Thomas Rich, Joseph Smith, jr., Lyman Wight, E. Robinson, Wm. Whiteman, Lemuel Bent, Joseph W. Younger, David Pettigrew, Edward Partridge, Geo. W. Robinson, Washingtan Voorhees, Jesse D. Hunter, Jas. H. Rawlins, Sidney Tanner, David Carn, Alanson Ripley, Jas. Worthington, George W. Harris, Alex McRay, Ebenezer Brunson, Thos. D. March [B. Marsh], James Durphey, Perry Durphey, Geo. Hinkle, Arthur Morrison, Elias Higbey, Parley P. Pratt, Reynolds Calhoun, Vincent Knight, Geo. Morey, Daniel Carn, Caleb Baldwin, Ebenezer Page, Finley Page, Rosewell Stephens, Jabez Durphey, Moses Dailey, Benj. Durphey and James Whittaker.

    From the records sent to this court, it appears that Jos. Smith, jr., Lyman Wight, Hiram Smith, Caleb Baldwin and Alex. McRay, were ordered to be taken by the sheriff of Daviess county to the jail in the county of Boone, there to await their trial on a change of venue from Daviess to Boone county which was not done, and there being no recognizance or file, in my office, against the other defendants, and this cause, having been continued some time on the docket, and no defendant appearing, was dismissed.

 

    Indictment for arson, State of Missouri,
            vs.

    Caleb Baldwin, Arthur Morrison, Elias Higbey, Thos. D. March [B. Marsh], Lyman Wight, Ebenezer Brunson, Jos. Smith, jr., Jesse D. Hunter and Parley P. Pratt.

    In this cause, the defendants, Jos. Smith, jr., Lyman Wight and Caleb Baldwin, were ordered to be removed to the jail in Boone county for trial, which order, however, was not complied with, and there being no recognizance on file, in my office, against the other defendants, and the cause, after being continued for some time on the docket, was dismissed.

    Indictment for arson, State of Missouri,
            vs.

    Jacob Gates, Hiram Smith, Thomas Rich, Joseph Smith, jr., Lyman Wight, E. Robinson, Wm. Whiteman, Lemuel Bent, Jos. Younger, David Pettigrew, Edward Partridge, Geo. W. Robinson, Washington Voorhees, James H. Rawlins, Sidney Tanner, David Cran[dell?], Alanson Ripley, Jas. Worthington, Geo. W. Harris, Alex. McRay, Ebenezer Brunson, Thos. D. March [B. Marsh], Jas. Durphey, Parley P. Pratt, Reynolds Calhoun and Jesse D. Hunter.

    In this cause, the defendants Joseph Smith, Lyman Wight, Hiram Smith and Alex. Mckay, were ordered to be removed to the jail in Boone county for trial, and there being no recognizance on file, in my office, against the other defendants, and the order for removing them, however, was not complied with, the cause, after being continued for some time on the docket, was dismissed.

    Indictment for riot, State of Missouri,
            vs.

    Jos. Smith, jr., Lyman Wight, Moses Dailey, Joseph Younger, Perry Durphey, Ephraim 0wens, John Lemmon, James Whittaker, Alanson Brown, James Bingham Amos Tubbs, Absalom Scritchfield, William Aldridge, George Smith and Caleb Baldwin. The defendants, Joseph Smith, jr., Caleb Baldwin and Lyman Wight were ordered by the court in Daviess county, to be removed to the county jail in Boone for trial, and there being no recognizance on file,

 

    Indictment for receiving goods, State of Missouri,
            vs.

    Jos. Smith, jr.,

    Which said defendant was ordered by the court to be removed to the county of Boone for his trial, which order, however, was not complied with, and after having his cause continued for some time on the docket, was dismissed, the defendant not appearing.

    Indictment for larceny, State of Missouri,
            vs.

    James Worthington, Cornelius D. Lott, Joseph Smith, jr., and Lyman Wight.

    the said Lyman Wight and Joseph Smith, jr., were ordered to be removed to the jail in the county of Boone, form the county of Daviess, which order was not complied with, and there being no recognizance on file, in my office, against the other defendants, the cause was dismissed, after haveing been continued on the docket for some time, there being no appearance of the defendants.

    Inictment for murder, State of Missouri,
vs.

    Parley P. Pratt, Maurice Phelps and Lyman Gibbs.

    This cause was removed from the county of Ray to the county of Boone, by a change of venue, and the said defendants were removed to the jail in the county of Boone, from which said jail, the said Parley P. Pratt and Maurice Phelps made their escape, and this cause was dismissed.

    As to the other defendant, Lyman Gibbs, he was discharged from custody, and after continuing this cause on the docket for some time, it was dismissed.

    Indictment for robbery, State of Missouri
            VS.

    King Follett

    This cause was also removed to Boone county, by a change of venue, and the defendant removed to the jail in Boone county, and having had a trial, was acquitted and discharged from custody.
 

    Caleb Baldwin, Washington Voorhees, Jas. Worthington, George A. Smith, Moses Dailey, Wm. Aldridge, Absalom Scritchfield, Amos Tubbs, Perry Durphey, Jas. Bingham, Ephraim Owens, John Lemons, James Whittaker, Alanson Brown, Jas. Wilson, Jno. Wood and A. McRay.
    Which said suit was continued for some time, and dismissed, the defendants not appearing, and no recognizance on file, in my office against them.
    I do further certify, that the above and foregoing, contains a list of the Mormons who were indicted, and their cause removed to Boone county for trial, by a change of venue, as appears from the records of the Boone Circuit Court, and the disposition of each of the cause above set forth.
    {L.S.] In witness whereof, I have hereunto set my hand, and affixed the seal of the Boone Circuit Court, at office, in Columbia, on this 6th day of March, 1841.
    ROGER N. TODD, Clerk.

            GALLATIN, Daviess County, Mo., March 18th, 1841.
        To JAMES L. MINOR, Secretary of State.

        Sir:-In compliance with your request of the 23d February, I hasten to lay before you a statement of, Ist., who of the Mormons we indicted in our Daviess circuit court, 2nd., for what crimes, 3rd., what was the final disposition of said indictments, &c.
    1st. Jacob Gates, Hiram [sic] Smith, Thos. Rich, Joseph Smith, jr., Lyman Wight, E. Robinson, Wm. Whiteman, Lemuel Bent, Joseph W Younger, David Pettigrew, Edward Partridge, Geo, W. Robinson Washington Voorhees, Jesse D. Hunter, Jas. H. Rawlins, Sidney Tanner, David Carn, Alanson Ripley, Jas. Worthington, George Voorhees, Alex. McRay, Zeno Brunson, Thos. D. March [B. Marsh], Jas. Durphey Perry Durphey, Geo. Hinkle, Arthur Morrison, Elias Higbey, Parley P. Pratt, Reynolds Calhoun, Vincent Knight, Geo. Morey, Daniel Carn, Caleb Baldwin, Ebenezer Page, Finley Page, Roswell Stephens, Jabz Durphey. Moses Dailey. Beniamin Durphey and James Whittaker, were

 

    And Caleb Baldwin, Washington Voorhees, James Worthington, George. A. Smith, Moses Dailey, William Alridge, Absolom Scritchfield, Amos Tubbs, Perry Durphey, James Bingham, Ephraim Owens, John Lemmon, James Whittaker, Alanson Brown, James Wilson, John Wood, and Alexander McRay, were all indicted for burglary at the same term of said court.

    And Jesse D. Hunter, Alfred Brunson, James H. Rawlins, Maurice Phelps, and Darwin Chase, were all indicted for burglary at the same term of our said court.

    And Cornelius P. Lott, James Worthington, Joseph Smith, jr., and Lyman Wight, were all indicted for larceny at our said court, at same term.

    And Arthur R Morrison, Caleb Baldwin, Elias Higbey, Thomas D. March [B. Marsh], Lyman Wight, Zeno Brunson, Joseph Smith, jr., Jesse D. Hunter and Parley P. Pratt, were all indicted for arson at the same term of our said court.

    And Cornelius P. Lott, was indicted at the same term of our said court, for horse stealing; and Jos. Smilh, jr., was indicted at the same term of our said court for receiving stolen goods,

    And Joseph Smith, jr., Lyman Wight, Moses Dailey, Joseph W. Younger, Perry Durphey, Ephraim Owens, John Lemmon, James Whittaker, Alanson Brown, James Bingham, Amos Tubbs, Absalom Scritchfield, William Alridge, George Smith,and Caleb Baldwin, were indicted for riot, at the same term of our said court.

    And Lyman Wight and William Osburn, were indicted at the same term of said court for obstructing execution of process.

    A change of venue was granted by our said court at said April term, to Jos. Smith, jr., Lyman Wight, Hiram Smith, Caleb Baldwin and Alex. McRay, in all the foregoing. cases in which they are parties, to the circuit court of Boone county, in this State, the said last named defendants being in the custody of the sheriff of Daviess county, who was commanded by our said court to convey the said defendants to the jail of said county of Boone, and the said sheriff returned the several orders of commitment into our said court, at the next ensuing term thereof, with a certificate of the escape of said Joseph Smith, jr., Lyman Wight, Hiram Smith, Caleb Baldwin and Alex. McRay, endorsed thereon. And writs of capias were issued against all the other defendants in the foregoing indictments, immediately after the finding of the same, and they were all returned at the next succeeding term of our

 

    The following defendants were recognized by the Hon. Austin A. King. sitting as a committing court, in the town of Richmond in Ray county, in November and December, 1838, for their appearance at the April term, 1839, of the Daviess circuit court, to answer charges of arson, burglary, robbery and larceny, which recognizances were all forfeited, at said April term, of Daviess circuit court, to wit: William Whiteman, Sidney Tanner, Alanson Riply, Daniel Carn, Thomas Rich, James H. Rawlins, Edward Partridge, Jesse D. Hunter, Washington Voorhees, David Pettigrew, Ebenezer Robinson, Lemuel Bent, Jacob Gates, Geo. W. Robinson and Jos. W. Younger.

    The following defendants were recognized before John Wright and Elijah Foley, two justices of the peace in and for Daviess county or the 18th September, 1838, for their appearance at the circuit court of said county, next to be holden, then and there to answer to a charge of riot, which recognizances were all forfeited at April term, of Daviess circuit court, 1839, to wit: Alanson Riply, Geo. A. Smith, Moses Dailey, Wm. Alridge, Absalom Scritchfield, Amos Tubbs, Perry Durphey, James Bingham, Joseph W. Younger, Ephraim Owens, John Lemmon, James Whittaker and Alanson Brown.

    The following defendants, Henry H. Belt, Henry Johnson, Ali Bagly, Jas. Wilson, John Wood, and Henry Almstead, were recognized by Philip Covington, a Justice of the Peace, within and for Davies county, on the 29th September, 1838, for their appearance at the next term, of our Daviess Circuit Court, to answer a charge for misdemeanors, which recognizances were all forfeited at the April term, 1839, our said court.

    Lyman Wight was recognized by John Wright and Elisha Foley, two Justices of the Peace as aforesaid, on the 18th day of Sept. 1838, for his appearance at the next Circuit Court of the county of Daviess, in answer to two several indictments to be preferred to the Grand Jury against him, said Wight, who appeared in discharge of said recognizance, he being in custody of the sheriff, and brought into Court under a charge of Treason, as before stated, Jos. Smith, jr. and Lyman Wight were recognized, in the county of Daviess on the 7th day of September, 1838, by the Hon. Austin King, for their appearance at the next succeeding term of Daviess Circuit Court, to answer to an indictment to be preferred to the Grand Jury against them for a misdemeanor, who both appeared in discharge of this recognizance, they being in custody of the sheriff; on a charge of Treason as above stated.

    All of the above forfeited recognizance, were prosecuted to fit judgment at the December, term, 1839, of our said Daviess court, and executions issued on the same, and they were returned at April term

 

    STATE OF MISSOURI, } SS.
    County of Daviess

    I, Robert Wilson, Clerk of the Circuit Court, within and for the County and State aforesaid, do hereby certify that all the statements made on the foregoing pages are true, and have been carefully collected from the records of our said Court.

    In testimony whereof, I have hereunto set my hand, with my private seal affixed, there being no official seat yet provided, at Gallatin, the 13th day of March, A. D., 1841. {L.S,} ROBERT WILSON, Clerk.

    I here append certain testimony, which is on file in this office, taken before John Wright, and Elijah Foley, Justices of the peace, setting as a Committing Court on the 18th of September, 1838, in Daviess county, and said testimony committed to writing by the late Hon. Th. C. Burch, then Circuit Attorney in this Judicial Circuit, which is as follows, to wit: Examination of Alanson Ripley, George A. Smith, Moses Dailey, William Alridge, Absalom Scritchfield, Amos Tubbs, Perry Durphey, James Bingham, Joseph W. Younger, Ephraim Owens, John Lemmon, James Whittaker and Alanson Brown, taken before us, John Wright and Elijah Foley, two justices of the peace, within and for the county of Daviess, in the State of Missouri, on the 18th day of September, 1838, upon a charge of having upon the 8th day of August, 1838, at said county of Daviess, with others unlawfully assembled, and surrounded the house of Adam Black, and blocked up the doors of the dwelling house of said Black, and threatened the life of said Black, and other citizens, of said county of Daviess.

    Adam Black, of lawful age, being produced sworn and examined as a witness on the part of the State, deposeth and saith: that in the morning between nine and ten o'clock, Lyman Wight and some of the above named gentlemen and others, amounting to about 17, well armed, came in about ten steps of his door, and called him to come out to the fence. He refused going out, and invited them to get down, and come to the house. They refused alighting, saying they had not time. Lyman Wight said he had come to see the witness, that he had some talk for him; he then went out to him, and he said they had come to see the witness, to get him to sign an obligation, binding him, said witness, to, do them justice as justice of the peace; witness refused to do so, and told him that if his oath and the laws of the country did not bind him, a written obligation would be no more binding, and told

 

    The examination then adjourned till ten o'clock tomorrow morning.

    P. S. The Defendants appeared before said Court, on the following morning and voluntarily proposed to enter into recognizance, and were recognized accordingly, without prosecuting the examination any further.

    The writer of this was present during the whole proceedings.

    State of Missouri,} SS.
    County of Daviess.

    I, Robert Wilson, Clerk of the Circuit Court, of the County aforesaid, do hereby certify that the above and foregoing is a true copy of the testimony, which it purports to be, now on file in my office.

    [L. S.]   In testimony whereof, I have hereunto set my hand, with my private seal affixed, there being no official seal yet provided, at Gallatin, the 18th day of March, A. D., 1841. Robert Wilson, Clerk.

    State of Missouri,} SS.
    County of Caldwell,

    Be it remembered, that from the records and papers on file in the Caldwell Circuit Court, it appears, that Sidney Rigdon was committed to jail, on a charge of treason against the State—committed in Caldwell county—for want of a jail in Caldwell county, he was sent to the jail in Clay county. It further appears, from the recognizance n file, that he was admitted to bail on habeas corpus, by a Justice of the Clay county Court. That afterwards, at the Caldwell Circuit Court, March term, 1839, said Rigdon was indicted for treason—he failed to appear, and his recognizance was forfeited. Said Rigdon, and his bail left the state, and no other steps have been taken, as appears from the record.

    [L. S.] In testimony whereof, I have hereunto set my hand, and affixed the seal of said office, this 19th day of March, A. D., 1841. Elliott Roberts, Clerk

    Office of the Secretary of State}
    City of Jefferson,

    I, James L. Miner, Secretary of State of the State of Missouri, do hereby certify that the foregoing sheets contain true and correct copies of the evidence, orders, letters, &c., from the papers filed in this office. JAS L. MINER, Secretary of State, Missouri.

    Omitted Evidence may be found in James H. Hunt, Mormonism: Embracing the Origin, Rise and Progress of the Sect, with an Examination of the Book of Mormon; Also, Their Troubles in Missouri, and Final expulsion from the State; With and Appendix, giving an Account of the Late Disturbances in Illinois, Which Resulted in the Death of Joseph and Hyrum Smith, by G. W. Westbrook. (St. Louis, IL: Ustick & Davies, 1844).

 

    DEPOSITIONS OF R. SNODGRASS AND G. WALTER.     217

    Robert Snodgrass, a witness produced, sworn and examined for the State, deposeth and saith:-
    “Two or three months ago, I heard Joseph Smith, junior, say, in Far-West, that the time had now come that the Saints should rise and take the kingdom, and they should do it by the sword of the Spirit, and if not, by the sword of power; and further said, that they had been trampled on and abused as long as the Lord required it. Sidney Rigdon was present, and said, in reference to the dissenters, that if they did not take a hand with them, they would set the Gideonites upon them, and have them bounding over the plains. He further heard them say, that their church was that kingdom spoken of by Daniel, that should overcome all other kingdoms. And further this deponent saith not.[“] “ROBERT SNODGRASS."

 

    George Walter, a witness produced, sworn and examined for the State, deposeth and saith:-
    “Soon after the dissenters were driven away from Caldwell county, I was in Far-West, in Corill's [Corrill's] store, perhaps the last of June last, and heard Joseph Smith, jun., say, that he believed Mahomet was an inspired man, and had done a great deal of good, and that he intended to take the same course Mahomet did; that if the people would let him alone, he would, after a while, die a natural death; but if they did not, he would make it one gore of blood from the Rocky Mountains to the State of Maine. He further said, that he had, or would have, (the witness does not-remember which,) as regular an inquisition as ever was established, and as good a set of inquisitors as ever was. This conversation was had when talking about the dissenters. I heard Huntingdon and Dr. Avard, and I think Mr. Rigdon, say, that if ever the dissenters returned to Far-West, their heads should be the forfeit. In July last, I was in Far-West, and went bail for Lyman E. Johnson, who was a dissenter, and one who was driven from Far-West. I was taken to task, and warned that I would suffer for it, and, on leaving town that evening, in company with Johnson, there were a number of

    218     DEPOSITION OF GEORGE WALTER.

    guns fired at us, as I heard the balls whistle near us. In a day or two I returned to town, and saw Rigdon, who took me to task for going Johnson's bail. About a week before the militia came to Far-West, I was taken by an armed force, with my wagon, horses, and harness, to Far-West. When there, I was taken before Sidney Rigdon's door. Col. Henkle [Hinkle] was called out, to whom I and wagon and team were delivered up as consecrated property. I asked him what it meant? who replied be did not know, but would see the presidency in the house: he returned, and told me the presidency wished to see me. I went in, and saw the following persons, to wit-Joseph Smith, jun., Hiram Smith, Sidney Rigdon, Lyman Wight, and G.W. Robertson. Joseph Smith, jun., accused me of lying, of harboring the mob, of being too intimate with the dissenters, and carrying news to Richmond and other places, and said, as to the people leaving the county, a stop must be put to it, that it was a time of war, and to permit persons who right in among them to go out and carry news would never do, and it should be stopped, if not in any other way, they would do it by taking their lives. As I had been to Richmond, he asked me, whether I thought a mob or the militia, would come on? I told him, as far as I could learn, that they would wait till they got orders from the governor. He said, he did not care what came; that the militia was nothing but a mob; that the State of Missouri was a mob, and that the governor himself was a mob character. He then wanted I should take up arms, and help fight their battles. I replied, I could not, but proposed to leave the county: he said I should not do that, but I might go home; if I offered to leave the county, they would kill me if they could, and take all my property, and I should never be any the better for it; but if I would stay, and behaved myself, I might live on it; if they wanted any of my property they would take it, and if they conquered they would pay me for it, but if, they were conquered I must lose it. I agreed to stay at home. I returned home, but my wagon and horses, except one mare, were retained in their service until they were conquered; also, my gun and

    DEPOSITION OF GEORGE WALTER.     219

   saddle. In that same room and assembly where the above conversation took place, something was said as to where their war department should be. Joseph Smith, junior, thought it should be at Diahmond, so as to draw the seat of war there, as that place was much better naturally fortified. It was agreed on, and Lyman Wight's house to be the council chamber. At that time, David Patton was appointed commander of the horse of Caldwell and Hinkle commander-in-chief of the foot; Branson [Brunson] was commander of the horse of Davies, and Wight commander of the foot. No one at that meeting opposed the above proceedings. This was the day before the attack on Captain Bogart's company spoken of by other witnesses. At the aforesaid meeting at Rigdon's, Joseph Smith, jun., complained that when at Diahmond last, his horse had greatly, suffered, and told Wight he wanted him to procure a good hostler, and in some of his excursions about, it would be a good notion for him to pick up a black boy or two. He further remarked, that it was time, to lay religion aside, and take up their guns. And further this deponent saith not.[“] “George Walter.”

 

    DEPOSITION OF A. SCOVEL.     227

    Abner Scovel, a witness produced, sworn and examined for the State, deposeth and saith:-
   "In the latter part of June last, I heard Joseph Smith, jun., say, that if the people would let him alone, he would conquer them by the sword of the spirit; but if they would not, he would beat the plough-shares into swords, and their pruning-hooks into spears, and conquer them he would. He said, soon after this, 'What do we care for the laws of the land, so long as there is no person to put them in force?' After this, I had some talk with him, and observed to him, that I thought people ought to obey the laws of the land; and then he repeated the same thing again. Soon after the time that Phelps and Williams were baptized (about the last of June or July last), I heard Sidney Rigdon say, in Far-West,

    228     DEPOSITION OF A. SCOVEL.

    that if Phelps or Williams apostatized again, or set up against the government or kingdom, the Lord would kill them in half an hour, or would put it into the hearts of his Saints to kill them. I know of no other violent measures, except from rumor. I live within four miles of Far-West, and have been occasionally there in the day time, but never attended their private meetings: and further this deponent saith not.[“]
    (Signed)     “Abner Scovel."

    James H. Hunt, Mormonism: Embracing the Origin, Rise and Progress of the Sect, with an Examination of the Book of Mormon; Also, Their Troubles in Missouri, and Final expulsion from the State; With and Appendix, giving an Account of the Late Disturbances in Illinois, Which Resulted in the Death of Joseph and Hyrum Smith, by G. W. Westbrook. (St. Louis, IL: Ustick & Davies, 1844).