Hyrum Smith Testimony Before the Municipal Court at Nauvoo, Illinois, 1 July 1843
Hyrum Smith
Joseph Smith, the Prophet and His
Progenitors for Many Generations by Lucy Smith Chapter 49
Testimony of Hyrum Smith
Here I [Lucy Mack Smith] shall introduce a brief history of our troubles in
Missouri, given by my son Hyrum, before the Municipal Court, at Nauvoo, June 30, 1843, when Joseph was tried for treason against
the state of Missouri:
"Hyrum Smith, sworn: Said that the defendant now in court
is his brother, and that his name is not Joseph Smith, Jr., but his
name is Joseph Smith, Sr., 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 in December last, and I have not
been absent from him at any one time, not even for 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 any other man's 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, Sr., 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 knew that said Joseph Smith, Sr, 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 Daviess
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 Dayless 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 Colonel Lyman Wight's. The next morning, the
weather being very warm, and having been very dry for some time
previous, 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, St., 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, (Mr. Black) to call
together the most influential men of the county 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 Colonel
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
destruction; 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
everything they could to excite the indignation of the 'Mormon'
people to rescue them, in order that they might make that a pretext
for 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 dispatched 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. General 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 Colonel
Hinkle, Mr. Rigdon, and others, that they should return home.
General Doniphan ordered Colonel 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, Nell Gillum,
from the Platte Country had come down with two hundred armed
men, and had taken up their station at Hunter's Mill, a place distant
about seventeen or eighteen miles northwest of the town of Far
West, and, also, that an armed force had collected again at
Millport, in Daviess County, consisting of several hundred men,
and that another armed force had collected at De Witt, in Carroll
County, about fifty miles southeast of Far West, where about
seventy families of the 'Mormon' people had settled, upon the bank
of the Missouri River, at a little town called De Witt.
Immediately a messenger, whilst he was yet talking, came in
from De Witt, 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.
General Doniphan seemed to be very much alarmed, and
appeared to be willing to do all that 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 immediately dispatched
to the governor, and another petition was sent to Judge King.
The 'Mormon' people throughout the country were in a state
of great alarm, and also in great distress. They saw themselves
completely surrounded with armed forces, on the north, and on the
northwest, and on the south, and also Bogard, who was a
Methodist preacher, and who was then a captain over a militia
company of fifty soldiers, but who had added to his number, out of
the surrounding counties, about a hundred more, which made his
force about one hundred and fifty 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 articles, 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 northwest side of Far
West; and Sashiel Woods, a Presbyterian minister, was the leader
of the mob in Daviess 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 he cared, he could not render them any
assistance.'
The people of De Witt were obliged to leave their homes and
go into Far West; but did not until many of them had starved to
death for want of proper sustenance, and several died on the road
there, and were buried by the wayside, without a coffin or a
funeral ceremony, and the distress, sufferings, and privations of the
people can not be expressed.
All the scattered families of the 'Mormon' people, in all the
counties except Daviess, were driven into Far West, with but few
exceptions.
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 load 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,
Sr., went out at the same time.
On the evening that General Parks arrived at Diahman, the
wife of the late Don Carlos Smith, my brother, came in to Colonel
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 three 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 burned 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 Colonel Wight, and he asked General Parks,
in my hearing, how long we had got to suffer such base violence ?
General Parks said he did not know how long. Colonel Wight then
asked him what should be done? General 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.'
Colonel Wight did so precisely, according to the orders of
General Parks, and my brother Joseph Smith, Sr., made no words
about it. And after Colonel 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 eight or ten 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 burned 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 burned, together with the preemption 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 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, Sr., and myself, returned
back to the city of Far West, and immediately dispatched 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 meantime, 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 t.o every moment. Everything 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 in a line in double file, in one
half mile on the east of the city of Far West, and dispatched three
messengers with a white flag 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 Clemison, 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
officers, 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 dispatched with a white 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
Nell 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 dispatched 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 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 breech of a gun until his skull was
fractured, and his brains ran 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 manner, with red spots marked
on his face, and styled himself the "Delaware chief." They would
whoop, and halloa, 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 governor's orders had arrived. General
Doniphan said, 'that the order of the governor was to exterminate
the Mormons, by God, but he would be d--d 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 the 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 Comstock, 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 massacred the whole population of the town, and
then came on 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 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 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, hallooings, yellings, and shoutings of the army, which
were so horrid and terrific that they frightened the inhabitants of
the city. It is impossible to describe the feelings oś 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 were relieved every
two hours. They were compelled to lie on the cold ground that
night, and were told in plain language that they need never 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 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 courtmartial, 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 twenty other priests of the different religious
denominations in that county. 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 d--d 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 were considerable whisperings
amongst the officers. We listened very attentively, and frequently
heard it mentioned by the guard, that the d-- 'Mormons' would not
be shot this time.
In a few moments the guard was relieved with a new set; one
of the new guard said, that the d--d '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 Jacksen County,
and, there to be executed. And in a few moments two large wagons
drove up, and we were ordered to get into them. 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 driven 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 any one of our families, under the pain of
death.
The guard that went with me ordered my wife to get me
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 meanwhile, 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 we were immediately driven off
for Jackson County. We traveled about twelve miles that evening,
and encamped for the night. The same strong guard was kept
around us, and was 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 the
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 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 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
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 afterwards 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 officers 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
(Sterling) Price, of Keytesville, Chariton County, Missouri, with
several other men to guard us over. We arrived there on Friday
evening, the ninth 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 they were served up to us, using our fingers and teeth
instead of knives and forks.
Whilst we were in this situation, a young man, by 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 to see General Clark make
choice of his men to shoot us on Monday morning, the twelfth 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 design 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 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, 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 anything 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 subpoena, 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 subpoena 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 subpoena, 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, anyhow.'
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
anything, of course we must submit to this tyranny and oppression;
we can not help ourselves.' Several others made similar ex-
pressions, in the agony of their souls, but my brother Joseph did
not say anything, he being sick at that time with the toothache, 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 subpoena, and caused it to be
placed in 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 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 d--d, if the witness should not be sworn; and that it was a d--d
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 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, 'Go and shoot
him, d--n him, shoot him, d--n 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 from the judge were 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 d--d
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 were driven 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 anything 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 torpid, stupid
state, not even caring or wishing for life. The poison was
administered in too large doses, or it would inevitably have proved
fatal, had not the power of Jehovah interposed on 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 t.o 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 the
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 John 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 he 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 for the rest of us, he dared
not let us go, for fear of his own life, as well as ours. He said it
was d--d 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 Baptist priest, Riley, 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, 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 went down to Jefferson City with Generals Wilson,
Lucas, and Gillum, the self-styled 'DELAWARE CHIEF.' This was
some time in the month of September, when the mob were
collected at De Witt, 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 Esquire Birch, the State's attorney,
was appointed to be circuit judge, on the circuit passing through
Daviess County, and that he (Birch) was instructed to fix the
papers, so that we would be sure to be clear of any incumbrance in
a very short time.
Some time in April we were taken to Daviess County, as they
said, to have a trial; but when we arrived at that place, instead of
finding a court or 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
impaneled were all at the massacre at Haun's Mill, and lively actors
in that awful, solemn, disgraceful, cool-blooded murder; and all the
pretense they made of excuse was, that they had done it, because
the governor ordered them to do it. The same jury sat as a jury in
the daytime, and were placed over us as a guard in the night time;
they tantalized and boasted over us of their achievements at Haun's
Mill and other places, telling us how many houses they had burned,
and how many sheep, cattle, and hogs they had driven off.
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 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 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 d--n God, God d--n Jesus Christ, God d--n the Presbyterians,
God d--n the Baptists, God d--n the Methodists!' reiterating one
sect after another in the same manner, until they came to the
'Mormons:' to them it was, 'God d--n the God d--n Mormons! we
have sent them to hell.' Then they would slap their hands and
shout, 'Hosannah, hosannah, 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 in 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 whisky and a tumbler, and turn it out full of whisky, and pour it
down each other's necks, crying, 'D--n it, take it, you must take it;'
and if any one refused to drink the whisky, others would clinch
him, while 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
Daviess County, while 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
'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 all 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 Daviess to Boone 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 in
the afternoon, and went as far as Diahman that evening, and
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
stayed until the morning, when we started on our journey to Boone
County, and traveled on the road about twenty miles distance.
There we bought a jug of whisky, with which we treated the
company, and while there the sheriff showed us the mittimus
before referred to, without date or signature, and said that Judge
Birch told him never to carry us to Boone County, and never to
show the mittimus, 'and,' said he, 'I shall take a good drink of
grog, and go to bed, you may do as you have a mind to.' Three
others of the guard drank pretty freely of whisky, 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, we arrived in Quincy, Adams
County, [Illinois,] 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 had 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 were 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 agreeable 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, Sr., has
not been in the state of Missouri since the spring of the year 1839.
And further this deponent saith not. [signed] "HYRUM SMITH." [Times and Seasons, volume 4, page 246.]
Note: "In justice to the several survivors of Elder George M. Hinkle, who are in full
faith of the gospel, and in the church [RLDS Church], we should state that during the later years
of that elder's life, he labored diligently to spread the truth, and a number of
those who were by his labors convinced of the truth, are with the church.
Colonel Hinkle himself stated to several, that the part performed by him, by
which it was supposed that he betrayed his brethren, was misunderstood, and a
sufficient opportunity to explain and exculpate himself was not afforded him. That
he retained his faith and an affection for the martyrs until his death is certain.
The defense of Colonel Hinkle was published in Messenger and Advocate, the organ of Sidney Rigdon, August 1, 1845, in which he claims that
the terms of surrender were laid before Joseph Smith and he said, "I will go,"
and his fellow prisoners voluntarily accompanied him. He also claims that W. W.
Phelps, John Corrill, and A. Morrison were as much implicated as was he." Heman C. Smith, RLDS Church Historian."