Volume 3 — APPENDIX TO VOLUME III. (continued 2)

The witness also says that they compelled the brethren to sign away their property by executing a Deed of Trust at the point of the bayonet; and that Judge Cameron stood and saw the "Mormons" sign away their property; and then he and others would run and kick up their heels, and said they were glad of it, and "we have nothing to trouble us now." This Judge also said, "G—— d—— them, see how well they feel now." General Clark also said he had authority to make what treaties he pleased, and the Governor would sanction it.

The witness also stated that he never transgressed any of the laws of Missouri, and he never knew a Latter-day Saint break a law while there. He also said that if they would search the records of Clay, Caldwell, or Daviess counties, they could not find one record of crime against a Latter-day Saint, or even in Jackson county, so far as witness knew.

Brigham Young.

V.

Testimony of Lyman Wight.

Lyman Wight sworn, saith that he has been acquainted with Joseph Smith, Sen., for the last twelve years, and that he removed to the state of Missouri in the year 1831, when the Church of Jesus Christ of Latter-day Saints was organized agreeable to the law of the land. No particular difficulty took place until after some hundreds had assembled in that land who believed in the Book of Mormon and revelations which were given through said Joseph Smith, Sen. After nearly two years of peace had elapsed, a strong prejudice among the various sects arose, declaring that Joseph Smith was a false prophet, and ought to die; and I heard hundreds say they had never known the man; but, if they could come across him, they would kill him as soon as they would a rattlesnake. Frequently heard them say of those who believed in the doctrine he promulgated, that, if they did not renounce it, they would exterminate or drive them from the county in which they lived. On inquiring of them if they had any prejudice against us, they said "No: but Joe Smith ought to die; and if ever he comes to this county we will kill him, G—— d—— him."

Matters went on thus until some time in the summer of 1833, when mobs assembled in considerable bodies, frequently visiting private houses, threatening the inmates with death and destruction instantly, if they did not renounce Joe Smith as a prophet, and the Book of Mormon. Sometime towards the last of the summer of 1833, they commenced their operations of mobocracy. On account of their priests, by uniting in their prejudices against Joseph Smith, Sen., as I believe, gangs of them thirty to sixty, visited the house of George Bebee, called him out of his house at the hour of midnight, with many guns and pistols pointed at his breast, beat him most inhumanly with clubs and whips; and the same night or night afterwards, this gang unroofed thirteen houses in what was called the Whitmer Branch of the Church in Jackson county. These scenes of mobocracy continued to exist with unabated fury.

Mobs went from house to house, thrusting poles and rails in at the windows and doors of the houses of the Saints, tearing down a number of houses, turning hogs and horses into corn fields, and burning fences. Some time in the month of October they broke into the store of A. S. Gilbert & Co., and I marched up with thirty or forty men to witness the scene, and found a man by the name of McCarty, brickbatting the store door with all fury, the silks, calicos, and other fine goods entwined about his feet, reaching within the door of the store-house. McCarty was arrested and taken before Squire Weston; and although seven persons testified against him, he was acquitted without delay. The next day the witnesses were taken before the same man for false imprisonment, and by the testimony of this one burglar were found guilty and committed to jail.

This so exasperated my feelings that I went with 200 men to inquire into the affair, when I was promptly met by the colonel of the militia, who stated to me that the whole had been a religious farce, and had grown out of a prejudice they had imbibed against said Joseph Smith—a man with whom they were not acquainted. I here agreed that the Church would give up their arms, provided the said Colonel Pitcher would take the arms from the mob. To this the colonel cheerfully agreed, and pledged his honor with that of Lieutenant-Governor Boggs, Samuel C. Owen, and others. This treaty entered into, we returned home, resting assured on their honor that we should not be further molested. But this solemn contract was violated in every sense of the word.

The arms of the mob were never taken away, and the majority of the militia, to my certain knowledge, were engaged the next day with the mob, (Colonel Pitcher and Boggs not excepted), going from house to house in gangs from sixty to seventy in number, threatening the lives of women and children, if they did not leave forthwith. In this diabolical scene men were chased from their houses and homes without any preparation for themselves or families. I was chased by one of these gangs across an open prairie five miles, without being overtaken, and lay three weeks in the woods, and was three days and three nights without food.

In the meantime my wife and three small children, in a skiff, passed down Big Blue river, a distance of fourteen miles, and crossed over the Missouri river, and there borrowed a rag carpet of one of her friends and made a tent of the same, which was the only shield from the inclemency of the weather during the three weeks of my expulsion from home. Having found my family in this situation, and making some inquiry, I was informed I had been hunted throughout Jackson, Lafayette, and Clay counties, and also the Indian Territory. Having made the inquiry of my family why it was they had so much against me, the answer was, "He believes in Joe Smith and the Book of Mormon, G—— d—— him; and we believe Joe Smith to be a —— rascal!"

Here, on the banks of the Missouri river, were eight families, exiled from plenteous homes, without one particle of provisions or any other means under the heavens to get any, only by hunting in the forest.

I here built a camp, twelve feet square, against a sycamore log, in which my wife bore me a fine son on the 27th of December. The camp having neither chimney nor floor, nor covering sufficient to shield them from the inclemency of the weather, rendered it intolerable.

In this doleful condition I left my family for the express purpose of making an appeal to the American people to know something of the toleration of such vile and inhuman conduct, and traveled one thousand and three hundred miles through the interior of the United States, and was frequently answered, "that such conduct was not justifiable in a Republican government; yet we feel to say that we fear that Joe Smith is a very bad man, and circumstances alter cases. We would not wish to prejudice a man, but in some circumstances the voice of the people ought to rule."

The most of these expressions were from professors of religion; and in the aforesaid persecution, I saw one hundred and ninety women and children driven thirty miles across the prairie, with three decrepit men only in their company, in the month of November, the ground thinly crusted with sleet; and I could easily follow on their trail by the blood that flowed from their lacerated feet on the stubble of the burnt prairie!

This company, not knowing the situation of the country or the extent of Jackson county, built quite a number of cabins, that proved to be in the borders of Jackson county. The mob, infuriated at this, rushed on them in the month of January, 1834, burned these scanty cabins, and scattered the inhabitants to the four winds; from which cause many were taken suddenly ill, and of this illness died. In the meantime, they burned two hundred and three houses and one grist mill, these being the only residences of the Saints in Jackson county.

The most part of one thousand and two hundred Saints who resided in Jackson county, made their escape to Clay county. I would here remark that among one of the companies that went to Clay county was a woman named Sarah Ann Higbee, who had been sick of chills and fever for many months, and another of the name of Keziah Higbee, who, under the most delicate circumstances, lay on the banks of the river, without shelter, during one of the most stormy nights I ever witnessed, while torrents of rain poured down during the whole night, and streams of the smallest size were magnified into rivers. The former was carried across the river, apparently a lifeless corpse. The latter was delivered of a fine son on the banks, within twenty minutes after being carried across the river, under the open canopy of heaven; and from which cause I have every reason to believe she died a premature death.

The only consolation they received from the mob, under these circumstances, was, "G—— d—— you, do you believe in Joe Smith now?" During this whole time, the said Joseph Smith, Sen., lived in Ohio, in the town of Kirtland, according to the best of my knowledge and belief, a distance of eleven hundred miles from Jackson county, and I think that the Church in Missouri had but little correspondence with him during that time.

We now found ourselves mostly in Clay county—some in negro cabins, some in gentlemen's kitchens, some in old cabins that had been out of use for years, and others in the open air, without anything to shelter them from the dreary storms of a cold and severe winter.

Thus, like men of servitude, we went to work to obtain a scanty living among the inhabitants of Clay county. Every advantage which could be taken of a people under these circumstances was not neglected by the people of Clay county. A great degree of friendship prevailed between the Saints and the people, under these circumstances, for the space of two years, when the Saints commenced purchasing some small possessions for themselves. This, together with the immigration, created a jealousy on the part of the old citizens that we were to be their servants no longer.

This raised an apparent indignation, and the first thing expressed in this excitement was, "You believe too much in Joe Smith." Consequently, they commenced catching the Saints in the streets, whipping some of them until their bowels gushed out, and leaving others for dead in the streets.

This so exasperated the Saints that they mutually agreed with the citizens of Clay county that they would purchase an entire new county north of Ray and cornering on Clay. There being not more than forty or fifty inhabitants in this new county, they frankly sold out their possessions to the Saints, who immediately set in to enter the entire county from the general government.

The county having been settled, the governor issued an order for the organization of the county and of a regiment of militia; and an election being called for a colonel of said regiment, I was elected unanimously, receiving 236 votes in August, 1837; we then organized with subaltern officers, according to the statutes of the state, and received legal and lawful commissions from Governor Boggs for the same.

I think, some time in the latter part of the winter, said Joseph Smith moved to the district of country the Saints had purchased, and he settled down like other citizens of a new county, and was appointed the first Elder in the Church of Jesus Christ of Latter-day Saints, holding no office in the county, either civil or military. I declare that I never knew said Joseph Smith to dictate, by his influence or otherwise, any of the officers, either civil or military; he himself being exempt from military duty from the amputation, from his leg, of a part of a bone, on account of a fever sore.

I removed from Caldwell to Daviess county, purchased a pre-emption right, for which I gave seven hundred and fifty dollars, gained another by the side thereof, put in a large crop, and became acquainted with the citizens of Daviess, who appeared very friendly.

In the month of June or July there was a town laid off, partly on my pre-emption and partly on lands belonging to government. The immigration commenced flowing to this newly laid off town very rapidly. This excited a prejudice in the minds of some of the old citizens, who were an ignorant set, and not very far advanced before the aborigines of the country in civilization or cultivated minds. They feared that this rapid tide of immigration should deprive them of office, of which they were dear lovers. This was more plainly exhibited at the August election in the year 1838. The old settlers then swore that not one "Mormon" should vote at that election; accordingly they commenced operations by fist and skull. This terminated in the loss of some teeth, some flesh, and some blood. The combat being very strongly contested on both sides, many Mormons were deprived of their votes, and I was followed to the polls by three ruffians with stones in their hands, swearing they would kill me if I voted.

A false rumor was immediately sent to Far West, such as that two or three "Mormons" were killed and were not suffered to be buried. The next day a considerable number of the Saints came out to my house. Said Joseph Smith came with them. He inquired of me concerning the difficulty. The answer was, political difficulties. He then asked if there was anything serious. The answer was, No, I think not. We then all mounted our horses and rode on to the prairie, a short distance from my house, to a cool spring near the house of Esquire Black, where the greater number stopped for refreshments, whilst a few waited on Esquire Black. He was interrogated to know whether he justified the course of conduct at the late election, or not. He said he did not, and was willing to give his protest in writing; which he did, and also desired that there should be a public meeting called; which, I think, was done on the next day.

Said Joseph Smith was not addressed on the subject, but I was, who, in behalf of the Saints, entered into an agreement with the other citizens of the county that we would live in peace, enjoying those blessings fought for by our forefathers. But while some of their leading men were entering into this contract, others were raising mobs; and in a short time the mob increased to two hundred and five, rank and file, and they encamped within six miles of Adam-ondi-Ahman.

In the meantime, Joseph Smith and those who came with him from Far West returned to their homes in peace, suspecting nothing. But I, seeing the rage of the mob and their full determination to drive the Church from Daviess county, sent to General Atchison (major-general of the division in which we lived). He immediately sent Brigadier-General Doniphan with between two and three hundred men. General Doniphan moved his troops near the mob force, and came up and conversed with me on the subject. After conversing some time on the subject, Major Hughes came and informed General Doniphan that his men were mutinying, and the mob were determined to fall on the Saints in Adam-ondi-Ahman. Having a colonel's commission under Doniphan I was commanded to call out my troops forthwith, and, to use Doniphan's own language, "kill every G—— d—— mobocrat you can find in the county, or make them prisoners; and if they come upon you give them hell." He then returned to his troops and gave them an address, stating the interview he had with me; and he also said to the mob, that if they were so disposed, they could go on with their measures; that he considered that Colonel Wight, with the militia under his command all sufficient to quell every G—— d—— mobocrat in the county; and if they did not feel disposed so to do, to go home or G—— d—— them, he would kill every one of them. The mob then dispersed.

During these movements, neither Joseph Smith nor any of those of Far West were at Adam-ondi-Ahman, only those who were settlers and legal citizens of the place.

The mob again assembled and went to De Witt, Carroll county, there being a small branch of the Church at that place. But of the transactions at this place I have no personal knowledge. They succeeded in driving the Church twice from that place, some to the east and some to the west. This increased their ardor, and, with redoubled forces from several counties of the state, they returned to Daviess county to renew the attack. Many wanton attacks and violations of the rights of citizens took place at this time from the hands of this hellish band.

Believing forbearance no longer to be a virtue I again sent to the Major General for military aid, who ordered out Brigadier-General Parks. Parks came part of the way, but fearing his men would mutiny and join the mob, he came on ahead and conversed with me a considerable time.

The night previous to his arrival, the wife of Don Carlos Smith was driven from her house by this ruthless mob, and came into Adam-ondi-Ahman—a distance of three miles, carrying her two children on her hips, one of which was then rising of two years old, the other six or eight months old, the snow being over shoemouth deep, and she having to wade Grand river, which was at this time waist deep. The mob burnt the house and everything they had in it. General Parks passing the ruins thereof seemed fired with indignation at their hellish conduct and said he had hitherto thought it imprudent to call upon the militia under my command, in consequence of popular opinion; but he now considered it no more than justice that I should have command of my own troops, and said to me, "I therefore command you forthwith to raise your companies immediately, and take such course as you may deem best in order to disperse the mob from this county."

I then called out sixty men, and placed them under the command of Captain David W. Patten, and I also took about the same number. Captain Patten was ordered to Gallatin, where a party of the mob was located, and I went to Millport where another party was located. Captain Patten and I formed the troops under our command and General Parks addressed them as follows:

"Gentlemen, I deplore your situation. I regret that transactions of this nature should have transpired in our once happy state. Your condition is certainly not an enviable one, surrounded by mobs on one side and popular opinion and prejudice on the other. Gladly would I fly to your relief with my troops, but I fear it would be worse for you. Most of them have relations living in this county, and will not fight against them.

"One of my principal captains (namely Samuel Bogart) and his men have already mutinied and have refused to obey my command.

"I can only say to you, gentlemen, follow the command of Colonel Wight, whom I have commanded to disperse all mobs found in Daviess county, or to make them prisoners and bring them before the civil authorities forthwith.

"I wish to be distinctly understood that Colonel Wight is vested with power and authority from me to disperse from your midst all who may be found on the side of mobocracy in the county of Daviess.

"I deeply regret, gentlemen, (knowing as I do, the vigilance and perseverance of Colonel Wight in the cause of freedom and rights of man) that I could not even be a soldier under his command in quelling the hellish outrages I have witnessed.

"In conclusion, gentlemen, be vigilant, and persevere, and allay every excitement of mobocracy. I have visited your place frequently, find you to be an industrious and thriving people, willing to abide the laws of the land; and I deeply regret that you could not live in peace and enjoy the privileges of freedom. I shall now, gentlemen, return and dismiss my troops, and put Captain Bogart under arrest, leave the sole charge with Colonel Wight, whom I deem sufficiently qualified to perform according to law, in all military operations necessary."

Captain Patten then went to Gallatin. When coming in sight of Gallatin, he discovered about one hundred of the mob holding some of the Saints in bondage, and tantalizing others in the most scandalous manner. At the sight of Captain Patten and company the mob took fright and such was their hurry to get away, some cut their bridle reins, and some pulled the bridles from their horses' heads and went off with all speed.

I went to Millport, and on my way discovered the inhabitants had become enraged at the orders of Generals Doniphan and Parks, and that they had sworn vengeance, not only against the Church, but also against the two generals, together with General Atchison; and to carry out their plans, they entered into one of the most diabolical schemes ever entered into by man, and these hellish schemes were ingeniously carried out.

Namely, by loading their families and goods in covered wagons, setting fire to their houses, moving into the midst of the mob, and crying out, "The Mormons have driven us and burnt our houses." In this situation I found the country between my house and Millport, and also found Millport evacuated and burnt.

Runners were immediately sent to the governor with the news that the "Mormons" were killing and burning everything before them, and that great fears were entertained that they would reach Jefferson City before the runners could bring the news.

This was not known by the Church of Latter-day Saints until two thousand two hundred of the militia had arrived within half a mile of Far West; and they then supposed the militia to be a mob.

I was sent for from Adam-ondi-Ahman to Far West; reached there, the sun about one hour high, in the morning of the 29th of October 1838; called upon Joseph Smith, and inquired the cause of the great uproar. He declared he did not know, but feared the mob had increased their numbers, and were endeavoring to destroy us.

I inquired of him if he had had any conversation with any one concerning the matter. He said he had not, as he was only a private citizen of the county—that he did not interfere with any such matters.

He told me there had been an order, either from General Atchison or Doniphan, to the sheriff to call out the militia in order to quell the riots, and to go to him; he could give me any information on this subject. On inquiring for the sheriff, I found him not. That between three and four p. m. George M. Hinkle, colonel of the militia in that place, called on me, in company with Joseph Smith, and said Hinkle said he had been in the camp in order to learn the intention of the same. He said they greatly desired to see Joseph Smith, Lyman Wight, Sidney Rigdon, Parley P. Pratt, and George W. Robinson.

Joseph Smith first inquired why they should desire to see him, as he held no office, either civil or military. I next inquired why it was they should desire to see a man out of his own county.

Colonel Hinkle here observed, There is no time for controversy. If you go not into the camp immediately, they are determined to come upon Far West before the setting of the sun; and said they did not consider us as military leaders, but religious leaders. He said that if the aforesaid persons went into the camp, they would be liberated that night or very early next morning; that there should be no harm done.

We consulted together and agreed to go down. On going about half the distance from the camp, I observed it would be well for Generals Lucas, Doniphan and others, to meet us, and not have us go in so large a crowd of soldiers. Accordingly, the generals moved onwards, followed by fifty artillerymen, with a four-pounder. The whole twenty-two hundred moved in steady pace on the right and left, keeping about even with the former.

General Lucas approached the aforesaid designated persons with a vile, base and treacherous look in his countenance. I shook hands with him and saluted him thus: "We understand, general, you wish to confer with us a few moments. Will not tomorrow morning do as well."

At this moment George M. Hinkle spake and said, "Here, general are the prisoners I agreed to deliver to you." General Lucas then brandished his sword with a most hideous look and said, "You are my prisoners, and there is no time for talking at the present. You will march into the camp."

At this moment I believe that there were five hundred guns cocked, and not less than twenty caps bursted; and more hideous yells were never heard, even if the description of the yells of the damned in hell is true, as given by the modern sects of the day.

The aforesaid designated persons were then introduced into the midst of twenty-two hundred mob militia. They then called out a guard of ninety men, placing thirty around the prisoners, who were on duty two hours and off four. The prisoners were placed on the ground, with nothing to cover them but the heavens, and they were over-shadowed by clouds that moistened them before morning.

Sidney Rigdon, who was of a delicate constitution, received a slight shock of apoplectic fits, which excited great laughter and much ridicule in the guard and mob militia. Thus the prisoners spent a doleful night in the midst of a prejudiced and diabolical community.

Next day Hyrum Smith and Amasa Lyman were dragged from their families and brought prisoners into the camp, they alleging no other reason for taking Hyrum Smith than that he was a brother to Joe Smith the Prophet, and one of his counselors as President of the Church.

The prisoners spent this day as comfortably as could be expected under the existing circumstances. Night came on, and under the dark shadows of the night, General Wilson, subaltern of General Lucas, took me on one side and said; "We do not wish to hurt you nor kill you, neither shall you be, by G——; but we have one thing against you, and that is, you are too friendly to Joe Smith, and we believe him to be a G—— d—— rascal, and, Wight, you know all about his character." I said, "I do, sir." "Will you swear all you know concerning him?" said Wilson. "I will, sir" was the answer I gave. "Give us the outlines," said Wilson. I then told Wilson I believed said Joseph Smith to be the most philanthropic man he ever saw, and possessed of the most pure and republican principles—a friend to mankind, a maker of peace; "and sir, had it not been that I had given heed to his counsel, I would have given you hell before this time, with all your mob forces."

He then observed, "Wight, I fear your life is in danger, for there is no end to the prejudice against Joe Smith." "Kill and be damned sir," was my answer. He answered and said "There is to be a court-martial held this night; and will you attend, sir." "I will not, unless compelled by force," was my reply.

He returned about eleven o'clock that night, and took me aside and said: "I regret to tell you your die is cast; your doom is fixed; you are sentenced to be shot tomorrow morning on the public square in Far West, at eight o'clock." I answered, "Shoot, and be damned."

"We were in hopes," said he, "you would come out against Joe Smith; but as you have not, you will have to share the same fate with him." I answered "You may thank Joe Smith that you are not in hell this night; for, had it not been for him, I would have put you there." Somewhere about this time General Doniphan came up, and said to me, "Colonel the decision is a d—— hard one, and I have washed my hands against such cool and deliberate murder." He further told me that General Graham and several others (names not recollected) were with him in the decision and opposed it with all their power; and he should move his soldiers away by daylight in the morning, that they should not witness a heartless murder. "Colonel, I wish you well."

I then returned to my fellow-prisoners, to spend another night on the cold, damp earth, and the canopy of heaven to cover us. The night again proved a damp one.

At the removal of General Doniphan's part of the army, the camp was thrown into the utmost confusion and consternation. General Lucas, fearing the consequence of such hasty and inconsiderate measures, revoked the decree of shooting the prisoners, and determined to take them to Jackson county. Consequently, he delivered the prisoners over to General Wilson, ordering him to see them safe to Independence, Jackson county.

About the hour the prisoners were to have been shot on the public square in Far West, they were exhibited in a wagon in the town, all of them having families there but myself; and it would have broken the heart of any person possessing an ordinary share of humanity to have seen the separation. The aged father and mother of Joseph Smith were not permitted to see his face, but to reach their hands through the cover of the wagon, and thus take leave of him. When passing his own house, he was taken out of the wagon and permitted to go into the house, but not without a strong guard, and not permitted to speak with his family but in the presence of his guard; and his eldest son, Joseph, about six or eight years old, hanging to the tail of his coat, crying, "Father, is the mob going to kill you?" The guard said to him, "You d—— little brat, go back; you will see your father no more."

The prisoners then set out for Jackson county, accompanied by Generals Lucas and Wilson, and about three hundred troops for a guard. We remained in Jackson county three or four days and nights, during most of which time the prisoners were treated in a gentlemanly manner and boarded at a hotel, for which they had afterwards, when confined in Liberty jail, to pay the most extravagant price, or have their property, if any they had, attached for the same.

At this time General Clark had arrived at Richmond, and, by orders from the Governor, took on himself the command of the whole of the militia, notwithstanding General Atchison's commission was the oldest; but he was supposed to be too friendly to the "Mormons," and therefore dismounted; and General Clark sanctioned the measures of General Lucas, however cruel, and said he should have done the same, had he been there himself.

Accordingly, he remanded the prisoners from Jackson county, and they were taken and escorted by a strong guard to Richmond; threatened several times on the way with violence and death. They were met five miles before they reached Richmond by about one hundred armed men; and when they arrived in town, they were thrust into an old cabin under a strong guard. I was informed by one of the guards that, two nights previous to their arrival, General Clark held a court-martial, and the prisoners were again sentenced to be shot; but he being a little doubtful of his authority, sent immediately to Fort Leavenworth for the military law and a decision from the United States' officers, where he was duly informed that any such proceedings would be a cool-blooded and heartless murder. On the arrival of the prisoners at Richmond, Joseph Smith and myself sent for General Clark, to be informed by him what crimes were alleged against us. He came in and said he would see us again in a few minutes. Shortly he returned and said he would inform us of the crimes alleged against us by the state of Missouri.

"Gentlemen, you are charged with treason, murder, arson, burglary, larceny, theft, and stealing, and various other charges too tedious to mention at this time;" and he immediately left the room. In about twenty minutes, there came in a strong guard, together with the keeper of the penitentiary of the state, who brought with him three common trace chains, noozed together by putting the small end through the ring, and commenced chaining us up, one by one, and fastening us with padlocks about two feet apart.

In this uncomfortable situation the prisoners remained fifteen days, and in this situation General Clark delivered us to the professed civil authorities of the state, without any legal process being served on us at all during the whole time we were kept in chains, with nothing but ex parte evidence, and that given either by the vilest apostates or by the mob who had committed murder in the state of Missouri. Notwithstanding all this ex parte evidence, Judge King did inform our lawyer, ten days previous to the termination of the trial, whom he should commit and whom he should not; and I heard Judge King say on his bench, in the presence of hundreds of witnesses, that there was no law for the "Mormons," and they need not expect any. Said he, "If the Governor's exterminating order had been directed to me, I would have seen it fulfilled to the very letter ere this time."

After a tedious trial of fifteen days, with no other witnesses but ex parte ones, the witnesses for the prisoners were either kicked out of doors or put on trial themselves. The prisoners were now committed to Liberty jail, under the care and direction of Samuel Tillery, jailer. Here we were received with a shout of indignation and scorn by the prejudiced populace.

Prisoners were here thrust into jail without a regular mittimus, the jailer having to send for one some days after. The mercies of the jailer were intolerable, feeding us with a scanty allowance on the dregs of coffee and tea from his own table, and fetching the provisions in a basket, without being cleaned, on which the chickens had roosted the night before. Five days he fed the prisoners on human flesh, and from extreme hunger I was compelled to eat it. In this situation we were kept until about the month of April, when we were remanded to Daviess county for trial before the grand jury. We were kept under the most loathsome and despotic guard they could produce in that county of lawless mobs. After six or eight days, the grand jury (most of whom, by-the-bye, were so drunk that they had to be carried out and into their rooms as though they were lifeless,) formed a fictitious indictment, which was sanctioned by Judge Birch, who was the State's Attorney under Judge King at our ex parte trial, and who at that time stated that the "Mormons" ought to be hung without judge or jury. He, the said judge, made out a mittimus, without day or date, ordering the Sheriff to take us to Columbia. The Sheriff selected four men to guard five of us.

We then took a circuitous route, crossing prairies sixteen miles without houses; and after traveling three days, the Sheriff and I were together by ourselves five miles from any of the rest of the company for sixteen miles at a stretch. The Sheriff here observed to me that he wished to God he was at home, and your friends and you also. The Sheriff then showed me the mittimus, and he found it had neither day nor date to it, and said the inhabitants of Daviess county would be surprised that the prisoners had not left them sooner; and, said he, "By G——, I shall not go much further."

We were then near Yellow Creek, and there were no houses nearer than sixteen miles one way, and eleven another way, except right on the creek. Here a part of the guard took a spree, while the balance helped us to mount our horses, which we purchased of them, and for which they were paid. Here we took a change of venue, and went to Quincy without difficulty, where we found our families, who had been driven out of the State under the exterminating order of Governor Boggs. I never knew of Joseph Smith's holding any office, civil or military, or using any undue influence in religious matters during the whole time of which I have been speaking.

Lyman Wight.

VI.

Testimony of Sidney Rigdon

Sidney Rigdon sworn, says I arrived in Far West, Caldwell county, Missouri, on the 4th of April, 1838, and enjoyed peace and quietness, in common with the rest of the citizens, until the August following, when great excitement was created by the office-seekers. Attempts were made to prevent the citizens of Daviess from voting. Soon after the election, which took place in the early part of August, the citizens of Caldwell were threatened with violence from those of Daviess county and other counties adjacent to Caldwell.

This, the August of 1838, I may date as the time of the beginning of all the troubles of our people in Caldwell county and in all the counties in the state where our people were living. We had lived in peace from the April previous until this time; but from this time till we were all out of the state, it was one scene of violence following another in quick succession.

There were at this time settlements in Clay, Ray, Carroll, Caldwell, and Daviess counties, as well as some families living in other counties. A simultaneous movement was made in all the counties and in every part of the state, where settlements were made, this soon became violent; and threatenings were heard from every quarter. Public meetings were held, and the most inflammatory speeches made, and resolutions passed, which denounced all the "Mormons" in the most bitter and rancorous manner. These resolutions were published in the papers, and the most extensive circulation given to them that the press of the country was capable of giving.

The first regular mob that assembled was in Daviess county, and their efforts were directed against the settlements made in that county, declaring their determination to drive out of the county all the citizens who were of our religion, and that indiscriminately, without regard to anything else but their religion.

The only evidence necessary to dispossess any individual or family, or all the evidence required, would be that they were "Mormons," as we were called, or rather that they were of the "Mormon" religion. This was considered of itself crime enough to cause any individual or family to be driven from their homes, and their property made common plunder. Resolutions to this effect were made at public meetings held for the purpose, and made public through the papers of the state, in the face of all law and all authority.

I will now give a history of the settlement in Carroll county. In the preceding April, as myself and family were on our way to Far West, we put up at a house in Carroll county, on a stream called Turkey Creek, to tarry for the night. Soon after we stopped, a young man came riding up, who also stopped and stayed through the night. Hearing my name mentioned, he introduced himself to me as Henry Root; said he lived in that county at a little town called De Witt, on the Missouri river, and had been at Far West to get some of those who were coming into that place to form a settlement at De Witt. Speaking highly of the advantages of the situation, and soliciting my interference in his behalf to obtain a number of families to commence at that place, as he was a large proprietor in the town plat, he offered a liberal share in all the profits which might arise from the sale of property there to those who would aid him in getting the place settled. In the morning we proceeded on our journey.

Some few weeks after my arrival, the said Henry Root, in company with a man by the name of David Thomas, came to Far West on the same business; and after much solicitation on their part, it was agreed that a settlement should be made in that place; and in the July following the first families removed there, and the settlement soon increased, until in the October following it consisted of some seventy families. By this time a regular mob had collected, strongly armed, and had obtained possession of a cannon, and stationed themselves a mile or two from the town. The citizens, being nearly all new comers, had to live in their tents and wagons, and were exerting themselves to the uttermost to get houses for the approaching winter. The mob commenced committing their depredations on the citizens, by not suffering them to procure the materials for building, keeping them shut up in the town, not allowing them to go out to get provisions, driving off their cattle, and preventing the owners from going in search of them. In this way the citizens were driven to the greatest extremities, actually suffering for food and every comfort of life; in consequence of which, there was much sickness, and many died. Females gave birth to children, without a house to shelter them; and in consequence of the exposure, many suffered great afflictions, and many died.

Hearing of their great sufferings, a number of the men of Far West determined on going to see what was doing there. Accordingly we started, eluded the vigilance of the mob, and, notwithstanding they had sentinels placed on all the principal roads, to prevent relief from being sent to the citizens, we safely arrived in De Witt, and found the people as above stated.

During the time we were there, every effort that could be was made to get the authorities of the county to interfere and scatter the mob. The judge of the circuit court was petitioned, but without success; and after that, the governor of the state, who returned for answer that the citizens of De Witt had got into a difficulty with the surrounding country, and they might get out of it, for he would have nothing to do with it; or this was the answer the messenger brought, when he returned.

The messenger was a Mr. Caldwell, who owned a ferry on Grand river, about three miles from De Witt, and was an old settler in the place.

The citizens were completely besieged by the mob: no man was at liberty to go out, nor any to come in. The extremities to which the people were driven were very great, suffering with much sickness, without shelter, and deprived of all aid, either medical or any other kind, and being without food or the privilege of getting it, and betrayed by every man who made the least pretension to friendship; a notable instance of which I will here give as a sample of many others of a similar kind.

There was neither bread nor flour to be had in the place. A steamboat landed there, and application was made to get flour; but the captain said there was none on board.

A man then offered his services to get flour for the place, knowing, he said, where there was a quantity. Money was given to him for that purpose. He got on the boat and went off, and that was the last we heard of the man or the money. This was a man who had been frequently in De Witt during the siege, and professed great friendship.

In this time of extremity, a man who had a short time before moved into De Witt, bringing with him a fine yoke of cattle, started out to hunt his cattle, in order to butcher them, to keep the citizens from actual starvation; but before he got far from the town, he was fired upon by the mob, and narrowly escaped with his life, and had to return; or, at least, such was his report when he returned.

Being now completely enclosed on every side, we could plainly see many men on the opposite side of the river, and it was supposed that they were there to prevent the citizens from crossing; and, indeed, a small craft crossed from them, and three men in it, who said that that was the object for which they had assembled.

At this critical moment, with death staring us in the face, in its worst form, cut off from all communication with the surrounding country, and all our provisions exhausted, we were sustained as the children of Israel in the desert, only by different animals,—they by quails, and we by cattle and hogs which came into camp; for such it truly was, as the people were living in tents and wagons, not being privileged with building houses.

What was to be done in this extremity? Why, recourse was had to the only means of subsistence left, and that was to butcher the cattle and hogs which came into the place, without asking who was the owner, or without knowing; and what to me is remarkable is, that a sufficient number of animals came into the camp to sustain life during the time in which the citizens were beseiged by the mob. This indeed, was but coarse living; but such as it was, it sustained life.

From this circumstance the cry went out that the citizens of De Witt were thieves and plunderers, and were stealing cattle and hogs. During this time, the mob of Carroll county said that all they wanted was that the citizens of De Witt should leave Carroll county and go to Caldwell and Daviess counties.

The citizens, finding that they must leave De Witt or eventually starve, finally agreed to leave; and accordingly preparations were made, and De Witt was vacated.

The first evening after we left, we put up for the night in a grove of timber. Soon after our arrival in the grove, a female who a short time before had given birth to a child, in consequence of exposure, died.

A grave was dug in the grove, and the next morning the body was deposited in it without a coffin, and the company proceeded on their journey, part of them going to Daviess county, and part into Caldwell. This was in the month of October, 1838.

In a short time after their arrival in Daviess and Caldwell counties, messengers arrived, informing the new citizens of Caldwell and Daviess that the mob, with their cannon, was marching to Daviess county, threatening death to the citizens, or else that they should all leave Daviess county. This caused other efforts to be made to get the authorities to interfere. I wrote two memorials, one to the governor and one to Austin A. King, circuit judge, imploring their assistance and intervention to protect the citizens of Daviess against the threatened violence of the mob.

These memorials were accompanied with affidavits, which could leave no doubt on the mind of the governor or judge that the citizens before mentioned were in imminent danger.

At this time things began to assume an alarming aspect both to the citizens of Daviess and Caldwell counties. Mobs were forming all around the country, declaring that they would drive the people out of the state.

This made our appeals to the authorities more deeply solicitous as the danger increased, and very soon after this the mobs commenced their depredations, which was a general system of plunder, tearing down fences, exposing all within the field to destruction, and driving off every animal they could find.

Some time previous to this, in consequence of the threatenings which were made by mobs, or those who were being formed into mobs, and the abuses committed by them on the persons and property of the citizens, an association was formed, called the Danite Band.

This, as far as I was acquainted with it, (not being myself one of the number, neither was Joseph Smith, Sen.,) was for mutual protection against the bands that were forming and threatened to be formed for the professed object of committing violence on the property and persons of the citizens of Daviess and Caldwell counties. They had certain signs and words by which they could know one another, either by day or night. They were bound to keep these signs and words secret, so that no other person or persons than themselves could know them. When any of these persons were assailed by any lawless band, he would make it known to others, who would flee to his relief at the risk of life.

In this way they sought to defend each other's lives and property; but they were strictly enjoined not to touch any person, only those who were engaged in acts of violence against the persons or property of one of their own number, or one of those whose life and property they had bound themselves to defend.

This organization was in existence when the mobs commenced their most violent attempts upon the citizens of the before-mentioned counties; and from this association arose all the horror afterwards expressed by the mob at some secret clan known as Danites.

The efforts made to get the authorities to interfere at this time was attended with some success. The militia was ordered out under the command of Major-General Atchison of Clay county, Brigadier-Generals Doniphan of Clay, and Parks of Ray county, who marched their troops to Daviess county, where they found a large mob; and General Atchison said, in my presence, that he took the following singular method to disperse them.

He organized them with his troops as part of the militia called out to suppress and arrest the mob. After having thus organized them, he discharged them and all the rest of the troops, as having no further need for their services, and all returned home.

This, however, only seemed to give the mob more courage to increase their exertion with redoubled vigor. They boasted, after that, that the authorities would not punish them, and they would do as they pleased.

In a very short time their efforts were renewed with a determination not to cease until they had driven the citizens of Caldwell, and such of the citizens of Daviess as they had marked out as victims, from the state.

A man by the name of Cornelius Gillum, who resided in Clay county, and formerly sheriff of said county, organized a band, who painted themselves like Indians, and had a place of rendezvous at Hunter's Mills, on a stream called Grindstone. I think it was in Clinton county, the county west of Caldwell, and between it and the west line of the state.

From this place they would sally out and commit their depredations. Efforts were again made to get the authorities to put a stop to these renewed outrages, and again General Doniphan and General Parks were called out with such portions of their respective brigades as they might deem necessary to suppress the mob, or rather mobs, for by this time there were a number of them.

General Doniphan came to Far West; and, while there, recommended to the authorities of Caldwell to have the militia of said county called out as a necessary measure of defense, assuring us that Gillum had a large mob on Grindstone Creek, and his object was to make a descent upon Far West, burn the town and hill or disperse the inhabitants; and that it was very necessary that an effective force should be ready to oppose him, or he would accomplish his object.

The militia were accordingly called out. He also said that there had better be a strong force sent to Daviess county to guard the citizens there. He recommended that, to avoid any difficulties which might arise, they had better go in very small parties without arms, so that no legal advantage could be taken of them. I will here give a short account of the courts and internal affairs of Missouri, for the information of those who are not acquainted with the same.

Missouri has three courts of law peculiar to that state—the supreme court, the circuit court, and the county court; the two former about the same as in many other states of the Union. The county court is composed of three judges, elected by the people of the respective counties. This court is in some respects like the court of probate in Illinois, or the surrogate's court of New York; but the powers of this court are more extensive than the courts of Illinois or New York.

The judges (or any one of them of the county court of Missouri) have the power of issuing habeas corpus in all cases where arrests are made within the county where they preside. They have also all power of justices of the peace in civil as well as criminal cases. For instance, a warrant may be obtained from one of these judges by affidavit, and a person arrested under such warrant.

From another of these judges, a habeas corpus may issue, and the person arrested be ordered before him, and the character of the arrest be inquired into; and if, in the opinion of the judge, the person ought not to be holden by virtue of said process, he has power to discharge him. They are considered conservators of the peace, and act as such.

In the internal regulations of the affairs of Missouri, the counties in some respects are nearly as independent of each other as the several states of the Union. No considerable number of men armed can pass out of one county into or through another county, without first obtaining the permission of the judges of the county court, or some one of them; otherwise they are liable to be arrested by the order of said judges; and if in their judgment they ought not thus to pass, they are ordered back from whence they came; and, in case of refusal, are subject to be arrested or even shot down in case of resistance.

The judges of the county court (or any one of them) have the power to call out the militia of said county, upon affidavit being made to them for that purpose by any of the citizens of said county, showing it just, in the judgment of such judge or judges, why said militia should be called out to defend any portion of the citizens of said county.

The following is the course of procedure: Affidavit is made before one or any number of the judges, setting forth that the county (or any particular portion of it) is either invaded or threatened with invasion by some unlawful assembly, whereby the liberties, lives, or property of the citizens may be unlawfully taken.

When such affidavit is made to any one of the judges, or all of them, it is the duty of him or them before whom such affidavit is made to issue an order to the sheriff of the county, to make requisition upon the commanding officer of the militia of said county to have immediately put under military order such portion of the militia under his command as may be necessary for the defense of the citizens of said county.

In this way the militia of any county may be called out at any time deemed necessary by the county judges, independently of any other civil authority of the state.

In case that the militia of the county is insufficient to quell the rioters and secure the citizens against the invaders, then recourse can be had to the judge of the circuit court, who has the same power over the militia of his judicial district as the county judges have over the militia of the county. And in case of insufficiency in the militia of the judicial district of the circuit judge, recourse can be had to the Governor of the state, and all the militia of the state called out; and if this should fail, then the Governor can call on the President of the United States.

I have given this explanation of the internal regulation of the affairs of Missouri, in order that the court may clearly understand what I have before said on this subject, and what I may hereafter say on it.

It was in view of this order of things that General Doniphan, who is a lawyer of some celebrity in Missouri, gave the recommendation he did at Far West, when passing into Daviess county with his troops, for the defense of the citizens of said county.

It was in consequence of this that he said that those of Caldwell county who went into Daviess county should go in small parties and unarmed; in which condition they were not subject to any arrest from any authority whatever.

In obedience to these recommendations the militia of Caldwell county was called out, affidavits having been made to one of the judges of the county, setting forth the danger which it was believed the citizens were in from a large marauding party assembled under the command of one Cornelius Gillum, on a stream called Grindstone.

When affidavit was made to this effect, the judge issued his order to the sheriff of the county, and the sheriff to the commanding officer, who was Colonel George M. Hinkle; and thus were the militia of the county of Caldwell put under orders.

General Doniphan, however, instead of going into Daviess county, soon after he left Far West returned to Clay county with all his troops, giving as his reason the mutinous character of his troops, who he believed would join the mob, instead of acting against them, and that he had not power to restrain them.

In a day or two afterwards, General Parks, of Ray county, also came to Far West, and said that he had sent on a number of troops to Daviess county, to act in concert with General Doniphan. He also made the same complaint concerning the troops that Doniphan had, doubting greatly whether they would render any service to those in Daviess, who were threatened with violence by the mobs assembling; but on hearing that Doniphan, instead of going to Daviess county, had returned to Clay, followed his example and ordered his troops back to Ray county; and thus were the citizens of Caldwell county and those of Daviess county, who were marked out as victims by the mob, left to defend themselves the best way they could.

What I have here stated in relation to Generals Doniphan and Parks, was learned in conversations had between myself and them, about which I cannot be mistaken, unless my memory has betrayed me.

The militia of the county of Caldwell were now all under requisition, armed and equipped according to law. The mob, after all the authority of the state had been recalled except from the force of Caldwell county, commenced the work of destruction in earnest, showing a determination to accomplish their object.

Far West, where I resided, which was the shire town of Caldwell county, was placed under the charge of a captain by the name of John Killian, who made my house his headquarters. Other portions of the troops were distributed in different portions of the county, wherever danger was apprehended. In consequence of Captain Killian making any house his headquarters, I was put in possession of all that was going on, as all intelligence in relation to the operations of the mob was communicated to him. Intelligence was received daily of depredations being committed not only against the property of the citizens, but their persons; many of whom, when attending to their business, would be surprised and taken by marauding parties, tied up, and whipped in a most desperate manner.

Such outrages were common during the progress of these extraordinary scenes, and all kinds of depredations were committed. Men driving their teams to and from the mills where they got their grinding done, would be surprised and taken, their persons abused, and their teams, wagons and loading all taken as booty by the plunderers. Fields were thrown open, and all within exposed to the destruction of such animals as chose to enter. Cattle, horses, hogs and sheep were driven off, and a general system of plunder and destruction of all kinds of property carried on, to the great annoyance of the citizens of Caldwell and that portion of the citizens of Daviess marked as victims by the mob.

One afternoon a messenger arrived at Far West calling for help, saying that a banditti had crossed the south line of Caldwell and were engaged in threatening the citizens with death, if they did not leave their homes and go out of the state within a very short time—the time not precisely recollected; but I think it was the next day by ten o'clock, but of this I am not certain. He said they were setting fire to the prairies, in view of burning houses and desolating farms; that they had set fire to a wagon loaded with goods, and they were all consumed; that they had also set fire to a house, and when he left it was burning down.

Such was the situation of affairs at Far West at that time, that Captain Killian could not spare any of his forces, as an attack was hourly expected at Far West.

The messenger went off, and I heard no more about it till some time the night following, when I was awakened from sleep by the voice of some man apparently giving command to a military body. Being somewhat unwell, I did not get up. Some time after I got up in the morning the sheriff of the county stopped at the door and said that David W. Patten had had a battle with the mob last night at Crooked River, and that several were killed and a number wounded; that Patten was among the number of the wounded, and his wound supposed to be mortal. After I had taken breakfast, another gentleman called, giving me the same account, and asking me if I would not take my horse and ride out with him and see what was done. I agreed to do so, and we started, and after going three or four miles, met a company coming into Far West. We turned and went back with them.

The mob proved to be that headed by the Reverend Samuel Bogart, a Methodist preacher; and the battle was called the Bogart Battle. After this battle there was a short season of quiet; the mobs disappeared, and the militia returned to Far West, though they were not discharged, but remained under orders until it should be known how the matter would turn.

In the space of a few days, it was said that a large body of armed men were entering the south part of Caldwell county. The county court ordered the militia to go and inquire what was their object in thus coming into the county without permission.

The militia started as commanded, and little or no information was received at Far West about their movements until late the next afternoon, when a large army was descried making their way towards Far West. Far West being an elevated situation, the army was discovered while a number of miles from the place.

Their object was entirely unknown to the citizens as far as I had any knowledge on the subject; and every man I heard speak of their object expressed as great ignorance as myself. They reached a small stream on the south side of the town, which was studded with timber on its banks, and for perhaps from half a mile to a mile on the south side of the stream, an hour before sundown.

There the main body halted; and soon after a detachment under the command of Brigadier-General Doniphan, marched towards the town in line of battle. This body was preceded probably three-fourths of a mile in advance of them by a man carrying a white flag, who approached within a few rods of the eastern boundary of the town and demanded three persons who were in the town, to be sent to their camp; after which, the whole town, he said, would be massacred. When the persons who were inquired for were informed, they refused to go, determined to share the common fate of the citizens. One of those persons did nor belong to the Church of Latter-day Saints. His name is Adam Lightner, a merchant in that city.

The white flag returned to the camp. To the force of General Doniphan was opposed the small force of Caldwell militia, under Colonel Hinkle, who also marched in line of battle to the southern line of the town. The whole force of Colonel Hinkle did not exceed three hundred men; that of Doniphan perhaps three times that number. I was in no way connected with the militia, being over age, neither was Joseph Smith, Sen.

I went into the line formed by Colonel Hinkle, though unarmed, and stood among the rest to await the result, and had a full view of both forces. The armies were within rifle shot of each other.

About the setting of the sun, Doniphan ordered his army to return to the camp at the creek. They wheeled and marched off. After they had retired a consultation was held as to what was best to do. By what authority the army was there, no one could tell, as far as I knew. It was agreed to build, through the night, a sort of fortification, and, if we must fight, sell our lives as dearly as we could. Accordingly, all hands went to work; rails, house-logs and wagons were all put in requisition, and the south line of the town as well secured as could be done by the men and means, and the short time allowed; we expected an attack in the morning.

The morning at length came, and that day passed away, and still nothing was done but plundering the cornfields, shooting cattle and hogs, stealing horses and robbing houses, and carrying off potatoes, turnips, and all such things as the army of General Lucas could get, for such they proved to be; for the main body was commanded by Samuel D. Lucas, a deacon in the Presbyterian church. The next day came, and then it was ascertained that they were there by order of the governor.

A demand was made for Joseph Smith, Sen., Lyman Wight, George W. Robinson, Parley P. Pratt and myself to go into their camp. With this command we instantly complied, and accordingly started.

When we came in sight of their camp, the whole army was on parade marching towards the town. We approached and met them, and were informed by Lucas that we were prisoners of war. A scene followed that would defy any mortal to describe; a howling was set up that would put anything I ever heard before or since at defiance. I thought at the time it had no parallel except it might be the perdition of ungodly men. They had a cannon.

I could distinctly hear the guns as the locks were sprung, which appeared, from the sound, to be in every part of the army. General Doniphan came riding up where we were, and swore by his Maker that he would hew the first man down that cocked a gun. One or two other officers on horseback also rode up, ordering those who had cocked their guns to uncock them, or they would be hewed down with their swords. We ware conducted into their camp and made to lie on the ground through the night.

This was late in October. We were kept here for two days and two nights. It commenced raining and snowing until we were completely drenched; and being compelled to lie on the ground, which had become very wet, the water was running around us and under us. What consultation the officers and others had in relation to the disposition that was to be made of us, I am entirely indebted to the report made to me by General Doniphan, as none of us was put on any trial.

General Doniphan gave an account, of which the following is the substance, as far as my memory serves me: That they held a court-martial and sentenced us to be shot at eight o'clock the next morning, after the court-martial was holden, in the public square in the presence of our families; that this court-martial was composed of seventeen preachers and some of the principal officers of the army. Samuel D. Lucas presided. Doniphan arose and said that neither himself nor his brigade should have any hand in the shooting, that it was nothing short of cold-blooded murder; and left the court-martial and ordered his brigade to prepare and march off the ground.

This was probably the reason why they did not carry the decision of the court-martial into effect. It was finally agreed that we should be carried into Jackson county. Accordingly, on the third day after our arrest, the army was all paraded; we were put into wagons and taken into the town, our families having heard that we were to be brought to town that morning to be shot. When we arrived a scene ensued such as might be expected under the circumstances.

I was permitted to go alone with my family into the house. There I found my family so completely plundered of all kinds of food, that they had nothing to eat but parched corn, which they ground with a handmill and thus were they sustaining life.

I soon pacified my family and allayed their feelings by assuring them that the ruffians dared not kill me. I gave them strong assurances that they dared not do it, and that I would return to them again. After this interview I took my leave of them and returned to the wagons, got in, and we were all started off to Jackson county.

Before we reached the Missouri river, a man came riding along the line apparently in great haste. I did not know his business. When we got to the river, Lucas came to me and told me that he wanted us to hurry, as Jacob Stolling had arrived from Far West with a message from General John C. Clark, ordering him to return with us to Far West, as he was there with a large army. He said he would not comply with the demand, but did not know but Clark might send an army to take us by force. We were hurried over the river as fast as possible, with as many of Lucas' army as could be sent over at one time, and sent hastily on, and thus we were taken to Independence, the shire town of Jackson county, and put into an old house, and a strong guard placed over us.

In a day or two they relaxed their severity. We were taken to the best tavern in town, and there boarded and treated with kindness. We were permitted to go and come at our pleasure without any guard. After some days Colonel Sterling G. Price arrived from Clark's army with a demand to have us taken to Richmond, Ray county. It was difficult to get a guard to go with us. Indeed, we solicited them to send one with us, and finally got a few men to go, and we started. After we had crossed the Missouri, on our way to Richmond, we met a number of very rough-looking fellows, and as rough-acting as they were looking. They threatened our lives. We solicited our guard to send to Richmond for a stronger force to guard us there, as we considered our lives in danger. Sterling G. Price met us with a strong force, and conducted us to Richmond, where we were put in close confinement.

One thing I will here mention, which I forgot. While we were at Independence, I was introduced to Burrell Hicks, a lawyer of some note in the country. In speaking on the subject of our arrest and being torn from our families, he said he presumed it was another Jackson county scrape. He said the Mormons had been driven from that county and that without any offense on their part. He said he knew all about it; they were driven off because the people feared their political influence. And what was said about the Mormons was only to justify the mob in the eyes of the world for the course they had taken. He said this was another scrape of the same kind.

This Burrell Hicks, by his own confession, was one of the principal leaders in the Jackson county mob.

After this digression, I will resume. The same day that we arrived at Richmond, Price came into the place where we were, with a number of armed men, who immediately on entering the room cocked their guns; another followed with chains in his hands, and we were ordered to be chained together. A strong guard was placed in and around the house, and thus we were secured. The next day General Clark came in, and we were introduced to him. The awkward manner in which he entered and his apparent embarrassment were such as to force a smile from me.

He was then asked for what he had thus cast us into prison? To this question he could not or did not give a direct answer. He said he would let us know in a few days; and after a few more awkward and uncouth movements he withdrew. After he went out, I asked some of the guard what was the matter with General Clark, that made him appear so ridiculous? They said he was near-sighted. I replied that I was mistaken if he were not as near-witted as he was near-sighted.

We were now left with our guards, without knowing for what we had been arrested, as no civil process had issued against us. For what followed until General Clark came in again to tell us that we were to be delivered into the hands of the civil authorities, I am entirely indebted to what I heard the guards say. I heard them say that General Clark had promised them before leaving Coles county, that they should have the privilege of shooting Joseph Smith, Jun., and myself; and that General Clark was engaged in searching the military law to find authority for so doing, but found it difficult, as we were not military men and did not belong to the militia; but he had sent to Fort Leavenworth for the military code of law, to find law to justify him in shooting us.

I must here again digress to relate a circumstance which I forgot in its place. I had heard that Clark had given a military order to some persons who had applied to him for it, to go to my house and take such goods as they claimed. The goods claimed were goods sold by the sheriff of Caldwell county on an execution, which I had purchased at the sale.

The man against whom the execution was issued availed himself of that time of trouble to go and take the goods wherever he could find them.

I asked General Clark if he had given any such authority. He said that an application had been made to him for such an order, but he said, "Your lady wrote me a letter requesting me not to do it, telling me that the goods had been purchased at the sheriff's sale; and I would not grant the order."

I did not, at the time, suppose that Clark in this had barefacedly lied; but the sequel proved he had; for, some time afterwards, behold there comes a man to Richmond with the order, and showed it to me, signed by Clark. The man said he had been at our house and taken all the goods he could find. So much for a lawyer, a Methodist, and a very pious man at that time in religion, and a major-general of Missouri.

During the time that Clark was examining the military law, there was something took place which may be proper to relate in this place. I heard a plan laying among a number of those who belonged to Clark's army, and some of them officers of high rank, to go to Far West and commit violence on the persons of Joseph Smith, Sen's wife and my wife and daughter.

This gave me some uneasiness. I got an opportunity to send my family word of their design and to make such arrangements as they could to guard against their vile purpose. The time at last arrived, and the party started for Far West. I waited with painful anxiety for their return. After a number of days, they returned. I listened to all they said, to find out, if possible, what they had done. One night—I think the very night after their return—I heard them relating to some of those who had not been with them the events of their adventure. Inquiry was made about their success in the particular object of their visit to Far West. The substance of what they said in answer was that they had passed and repassed both houses, and saw the females; but there were so many men about the town, that they dare not venture, for fear of being detected; and their numbers were not sufficient to accomplish anything, if they made the attempt; and they came off without trying.

No civil process of any kind had been issued against us. We were then held in duress, without knowing what for or what charges were to be preferred against us. At last, after long suspense, General Clark came into the prison, presenting himself about as awkwardly as at the first, and informed us that we would be put into the hands of the civil authorities. He said he did not know precisely what crimes would be charged against us, but they would be within the range of treason, murder, burglary, arson, larceny, theft, and stealing. Here, again, another smile was forced, and I could not refrain from smiling at the expense of this would-be great man, in whom, he said, "the faith of Missouri was pledged." After long and awful suspense, the notable Austin A. King, judge of the circuit court, took the seat, and we were ordered before him for trial; Thomas Birch, Esq., prosecuting attorney. All things being arranged, the trial opened. No papers were read to us, no charges of any kind preferred, nor did we know against what we had to plead. Our crimes had yet to be found out.

At the commencement we requested that we might be tried separately; but this was refused, and we were all put on our trial together. Witnesses appeared, and the swearing commenced. It was so plainly manifested by the judge that he wanted the witnesses to prove us guilty of treason, that no person could avoid seeing it. The same feelings were also visible in the state's attorney. Judge King made an observation something to this effect, as he was giving directions to the scribe who was employed to write down the testimony, that he wanted all the testimony directed to certain points. Being taken sick at an early stage of the trial, I had not the opportunity of hearing but a small part of the testimony when it was delivered before the court.

During the progress of the trial, after the adjournment of the court in the evening, our lawyers would come into the prison, and there the matters would be talked over.

The propriety of our sending for witnesses was also discussed. Our attorneys said that they would recommend us not to introduce any evidence at that trial. Doniphan said it would avail us nothing, for the judge would put us in prison, if a cohort of angels were to come and swear we were innocent. And besides that, he said that if we were to give the court the names of our witnesses, there was a band there ready to go, and they would go and drive them out of the country, or arrest them and have them cast into prison, or else kill them, to prevent them from swearing. It was finally concluded to let the matter be so for the present.

During the progress of the trial, and while I was lying sick in prison, I had an opportunity of hearing a great deal said by those who would come in. The subject was the all-absorbing one. I heard them say that we must be put to death—that the character of the state required it; the state must justify herself in the course she had taken, and nothing but punishing us with death could save the credit of the state; and it must therefore be done.

I heard a party of them, one night, telling about some female whose person they had violated; and this language was used by one of them: "The d—— b——, how she yelled! "Who this person was, I did not know; but before I got out of prison I heard that a widow, whose husband had died some few months before, with consumption, had been brutally violated by a gang of them, and died in their hands, leaving three little children, in whose presence the scene of brutality took place.

After I got out of prison and had arrived in Quincy, Illinois, I met a strange man in the street who inquired of me respecting a circumstance of this kind, saying that he had heard of it, and was on his way going to Missouri to get the children if he could find them. He said the woman thus murdered was his sister, or his wife's sister, I am not positive which. The man was in great agitation. What success he had, I know not.

The trial at last ended, and Lyman Wight, Joseph Smith, Sen., Hyrum Smith, Caleb Baldwin, Alexander McRae, and myself were sent to jail in the village of Liberty, Clay county, Missouri.

We were kept there from three to four months; after which time we were brought out on habeas corpus before one of the county judges. During the hearing under the habeas corpus, I had, for the first time, an opportunity of hearing the evidence, as it was all written and read before the court.

It appeared from the evidence that they attempted to prove us guilty of treason in consequence of the militia of Caldwell county being under arms at the time that General Lucas' army came to Far West. This calling out of the militia was what they founded the charge of treason upon, an account of which I have given above. The charge of murder was founded on the fact that a man of their number, they said, had been killed in the Bogart battle.

The other charges were founded on things which took place in Daviess county. As I was not in Daviess county at that time, I cannot testify anything about them.

A few words about this written testimony:

I do not now recollect one single point about which testimony was given, with which I was acquainted, but was misrepresented, nor one solitary witness whose testimony was there written, that did not swear falsely; and in many instances I cannot see how it could avoid being intentional on the part of those who testified, for all of them did swear to things that I am satisfied they knew to be false at the time, and it would be hard to persuade me to the contrary.

There were things there said so utterly without foundation in truth—so much so, that the persons swearing must at the time of swearing have known it. The best construction I can ever put upon it is that they swore things to be true which they did not know to be so; and this, to me, is wilful perjury.

This trial lasted for a long time, the result of which was that I was ordered to be discharged from prison, and the rest remanded back. But I was told by those who professed to be my friends that it would not do for me to go out of jail at that time, as the mob were watching and would most certainly take my life; and when I got out, that I must leave the state, for the mob, availing themselves of the exterminating order of Governor Boggs, would, if I were found in the state, surely take my life; that I had no way to escape them but to flee with all speed from the state. It was some ten days after this before I dared leave the jail. At last, the evening came in which I was to leave the jail. Every preparation was made that could be made for my escape. There was a carriage ready to take me in and carry me off with all speed. A pilot was ready—one who was well acquainted with the country—to pilot me through the country, so that I might not go on any of the public roads. My wife came to the jail to accompany me, of whose society I had been deprived for four months. Just at dark, the sheriff and jailer came to the jail with our supper. I sat down and ate. There were a number watching. After I had supped, I whispered to the jailer to blow out all the candles but one, and step away from the door with that one. All this was done. The sheriff then took me by the arm, and an apparent scuffle ensued,—so much so, that those who were watching did not know who it was the sheriff was scuffling with. The sheriff kept pushing me towards the door, and I apparently resisting until we reached the door, which was quickly opened, and we both reached the street. He took me by the hand and bade me farewell, telling me to make my escape, which I did with all possible speed. The night was dark. After I had gone probably one hundred rods, I heard some person coming after me. I drew a pistol and cocked it, determined not to be taken alive. When the person approaching me spoke, I knew his voice, and he speedily came to me. In a few moments I heard a horse coming. I again sprung my pistol cock. Again a voice saluted my ears that I was acquainted with. The man came speedily up and said he had come to pilot me through the country. I now recollected I had left my wife in jail. I mentioned it to them, and one of them returned, and the other and myself pursued our journey as swiftly as we could. After I had gone about three miles, my wife overtook me in a carriage, into which I got and rode all night. It was an open carriage, and in the month of February, 1839. We got to the house of an acquaintance just as day appeared. There I put up until the next morning, when I started again and reached a place called Tenney's Grove; and, to my great surprise, I here found my family, and was again united with them, after an absence of four months, under the most painful circumstances. From thence I made my way to Illinois, where I now am. My wife, after I left her, went directly to Far West and got the family under way, and all unexpectedly met at Tenney's Grove.

Sidney Rigdon.

Footnotes:

1. Joseph Smith, the father of the prophet, died on September 14th, 1840, and hence at the time these warrants were issued against the prophet in June, 1843, he was no longer Joseph Smith, Junior, but Joseph Smith, Senior.

2. For explanation of how it was that the militia was under direction of the Judge, a civil officer, see testimony of Sidney Rigdon.

3. The above now celebrated "Exterminating order" is copied from the collection of Documents published by order of the "General Assembly" of Missouri (the state legislature), 1841.