Volume 3 — APPENDIX TO VOLUME III.

Affidavits Of Hyrum Smith et al. On Affairs In Missouri, 1831-39; Officially Subscribed To Before The Municipal Court Of Nauvoo The First Day Of July, 1843.

Explanatory Note.

In the month of June, 1843, a desperate effort was made to drag the Prophet Joseph Smith back to the state of Missouri, on a charge of treason against that state; and also alleging that because of his escape from Liberty prison in Clay county, Missouri, he had become a fugitive from justice. A process was issued by Thomas Reynolds, governor of the state of Missouri, and placed in the hands of Joseph H. Reynolds, appointed the agent of that state to receive the Prophet from the hands of the Illinois authorities who were to make the arrest. Thomas Ford, governor of Illinois, issued the necessary papers for the arrest, and placed them in the hands of Harmon T. Wilson, who, in company with Reynolds, the Missouri agent, arrested the Prophet near Dixon in Lee county, Illinois, something more than two hundred miles north and east of Nauvoo. The Prophet managed with the assistance of his friends in Illinois, to be returned to Nauvoo, where he succeeded in getting out a writ of habeas corpus before the municipal court of that place, by which he was delivered from the hands of the Missouri agent. In the course of the ex parte hearing the following witnesses were examined, viz., Hyrum Smith, Parley P. Pratt, Brigham Young, George W. Pitkin, Lyman Wight, and Sidney Rigdon. In the course of the examination of these witnesses by affidavit the story of the persecutions of the Latter-day Saints is related at length. It cannot be said that anything new is added to the Missouri period of the Church history by these affidavits, but they are statements made officially before a court of inquiry and therefore have a value of their own on that account, and as this is a documentary history of the Church, these volumes would be incomplete without them. A desire to group all events closely related has induced the Editors to take these affidavits out of the place where they were given, in 1843, and place them in this volume, which is so largely devoted to the Missouri period of the Church history.

The municipal court of Nauvoo sat on the first day of July, 1843, at eight o'clock a. m., William Marks acting as chief justice, Daniel H. Wells, Newel K. Whitney, George W. Harris, Gustavus Hills and Hiram Kimball associate justices and the witnesses were examined in the order in which their affidavits are here published.

I.

The Testimony of Hyrum Smith

Hyrum Smith sworn, said that the defendant now in court is his brother, and that his name is not Joseph Smith, Jun., but Joseph Smith, Sen., and has been for more than two years past.^[1] 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 another 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, abetting or assisting an enemy in any state in the Union; and that the said Joseph Smith, Sen., has not committed treason in the state of Missouri, or violated any law or rule of said state; I being personally acquainted with the transactions and doings of said Smith whilst he resided in said state, which was for about six months in the year 1838; I being also a resident in said state during the same period of time; and I do know that said Joseph Smith, Sen., 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 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, the people commonly called "Mormons" were threatened with violence and extermination; and on or about the first Monday in August, 1838, at the election in 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 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 the mobs were collecting together, and that they also murdered two of the citizens of the same place, [Gallatin] and would not suffer them to be buried, the said Smith and myself went over to Daviess county to learn the particulars of the affray; but upon our arrival at Diahman we learned that none was 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 previously, the springs and wells in the 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 water, Mr. Black was asked by said Joseph Smith, Sen., 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 [Joseph Smith, Sen.] also requested him to call together the most influential men of the county on the next day, that we might have an interview with them. To this he acquiesced, and, accordingly, the next day they assembled at the house of Colonel Wight, and entered into a mutual covenant of peace to put down mob violence and protect each other in the enjoyment of their rights. After this, we all parted with the best of feelings, and each man returned to his own home.

This mutual agreement of peace, however, did not last long; for, but a few days afterwards, the mob began to collect again, until several hundreds rendezvoused at Millport, a few miles distant from Diahman. They immediately commenced making aggressions upon the citizens called "Mormons," taking away their hogs and cattle and threatening them with extermination or utter extinction, saying that they had a cannon, and there should be no compromise only at its mouth. They frequently took 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 despatched from Far West to Austin A. King, judge of the fifth judicial district of the state of Missouri, and also to Major-General Atchison, commander-in-chief of that division, and Brigadier-General Doniphan, giving them information of the existing facts, and demanding immediate assistance.

General Atchison returned with the messengers, and went immediately to Diahman, and from thence to Millport, and he found that the facts were true as reported to him—that the citizens of that county were assembled together in a hostile attitude, to the number of two or three hundred men, threatening the utter extermination of the "Mormons." He at once returned to Clay county, and ordered out a sufficient military force to quell the mob.

Immediately after, they were dispersed, and the army returned. The mob commenced collecting again soon after. We again applied for military aid, when General Doniphan came out with a force of sixty armed men to Far West; but they were in such a state of insubordination that he said he could not control them, and it was thought advisable by Col. Hinkle, Mr. Rigdon and others, that they should return home. General Doniphan ordered 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. He said Neil Gillium, 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 banks of the Missouri river, at a little town called De Witt.

Immediately, whilst he was yet talking, a messenger 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 had threatened the utter extinction of the citizens of De Witt, 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 the inhabitants were suffering from hunger.

General Doniphan seemed to be very much alarmed, and appeared to be willing to do all he could to assist and to relieve the sufferings of the "Mormon" people. He advised that a petition be gotten up at once and sent to the Governor. A petition was accordingly prepared, and a messenger despatched to the governor, and another petition was sent to Judge King.

The "Mormon" people throughout the country were in a great state of alarm and also in great distress. They saw themselves completely surrounded by armed forces on the north, and on the northwest and on the south. Bogart, who was a Methodist preacher and a captain over a militia company of fifty soldiers, but who had added to this number out of the surrounding counties about one 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." Gillium 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 startling news that the "Mormons" could have no assistance. They stated that the governor said 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 Wit were obliged to leave their homes and go into Far West, but did not do so until after many of them had starved to death for want of proper sustenance, and several died on the road there, and were buried by the wayside, without a coffin or a funeral ceremony; and the distress, sufferings, and privations of the people cannot be expressed.

All the scattered families of the "Mormon" people, with but few exceptions, in all the counties, except Daviess, were driven into Far West.

This only increased their distress, for many thousands who were driven there had no habitations or houses to shelter them, and were huddled together, some in tents and others under blankets, while others had no shelter from the inclemency of the weather. Nearly two months the people had been in this awful state of consternation; many of them had been killed, whilst others had been whipped until they had to swathe up their bowels to prevent them from falling out.

About this time General Parks came out from Richmond, Ray county. He was one of the commissioned officers sent out at the time the mob was first quelled, and went out to Diahman. My brother, Joseph Smith, Sen., and I went out at the same time.

On the evening that General Parks arrived at Diahman, the wife of my brother, the late Don Carlos Smith, came into Colonel Wight's about 11 o'clock at night, bringing her two children along with her, one about two and a half years old, the other a babe in her arms.

She came on foot, a distance of three miles, and waded Grand river. The water was then waist deep, and the snow three inches deep. She stated that a party of the mob—a gang of ruffians—had turned her out of doors and taken her household goods, and had burnt up her house, and she had escaped by the skin of her teeth. Her husband at that time was in Tennessee, [on a mission] and she was living alone.

This cruel transaction excited the feelings of the people of Diahman, especially of Colonel Wight and he asked General Parks in my hearing how long we had got to suffer such base treatment. 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, Sen., made no order about it.

And after Col. Wight had dispersed the mob, and put a stop to their burning houses belonging to the "Mormon" people, and turning women and children out of doors, which they had done up to that time to the number of eight or ten houses, which houses were consumed to ashes. After being cut short in their intended designs, the mob started up a new plan. They went to work and moved their families out of the county and set fire to their houses; and not being able to incense the "Mormons" to commit crimes, they had recourse to this stratagem to set their houses on fire, and send runners into all the counties adjacent to declare to the people that the "Mormons" had burnt up their houses and destroyed their fields; and if the people would not believe them, they would tell them to go and see if what they had said was not true.

Many people came to see. They saw the houses burning; and, being filled with prejudice, they could not be made to believe but that the "Mormons" set them on fire; which deed was most diabolical and of the blackest kind; for indeed the "Mormons" did not set them on fire, nor meddle with their houses or their fields.

And the houses that were burnt, had all been previously purchased by the "Mormons" of the people, together with the pre-emption rights and the corn in the fields, 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. 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, Sen., and myself returned 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 in 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 a line in double file within one-half mile on the south of the city of Far West and despatched three messengers with a white flag to the city. They were met by Captain Morey, with a few other individuals, whose names I do not now recollect. I was myself standing close by, and could very distinctly hear every word they said.

Being filled with anxiety, I rushed forward to the spot, expecting to hear good news. But, alas! and heart-thrilling to every soul that heard them, they demanded three persons to be brought out of the city before they should massacre the rest.

The names of the persons they demanded were Adam Lightner, John Cleminson, and his wife. Immediately the three persons were brought forth to hold an interview with the officers who had made the demand, and the officers told them they had now a chance to save their lives, for they intended to destroy the people and lay the city in ashes. They replied to the officers, 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 at once 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 Bogart, the Methodist preacher.

The name of the messenger was Charles C. Rich, who is now [1843] 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 a few miles back, by a special order of the Governor, 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, and plundering the "Mormon" people in that county, and burning some two or three hundred of their houses, in the years 1833 and 1834.

Mr. Rich requested General Doniphan to spare the people, and not suffer them to be massacred until the next morning, it then being evening. He coolly agreed that he would not, and also said that he had not as yet received the Governor's order, but expected it every hour, and should not make any further move until he had received it; but he would not make any promises so far as regarded Neil Gillium's army, it having arrived a few minutes previously and joined the main body of the army, he [Gillium] 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 [G. M. Hinkle] 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 [1843] the senior Warden of the Nauvoo [Masonic] lodge.

Another man, of the name of John Tanner, was knocked on the head at the same time, and his skull laid bare to the width of a man's hand; and he lay, to all appearances, 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 [Hancock] 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 October, according to the best of my recollections, that the army arrived at Far West, the sun about half-an-hour high. In a few moments afterwards, Cornelius Gillium arrived with his army and formed a junction.

This Gillium 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 carrying them off as prisoners and lacerating their bodies with hickory withes.

The army of Gillium were painted like Indians: some, more conspicuous than others, were 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 halloo, 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 [G. M. Hinkle] 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 order had arrived.

General Doniphan said that the order of the governor was, to exterminate the Mormons, by God; but he would be damned if he obeyed that order, but General Lucas might do what he pleased.

We immediately learned from General Doniphan, that "the Governor's order that had arrived was only a copy of the original, and that the original order was in the hands of Major-General Clark, who was on his way to Far West with an additional army of 6,000 men."

Immediately after this, there came into the city a messenger from Haun's Mills, 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 nearly the whole population of the place, 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 20 who were dead or mortally wounded; and there are several of the wounded now [1843] living in this city [Nauvoo].

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 at 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 with.

The city was surrounded with a strong guard; and no man, woman or child was permitted to go out or to come in, under penalty of death. Many of the citizens were shot at in attempting to go out to obtain sustenance for themselves and families.

There was one field fenced in, consisting of 1,200 acres, mostly covered with corn. It was entirely laid waste by the hands of the army. The next day after the arrival of the army, towards evening, Colonel Hinkle came up from the camp, requesting to see my brother Joseph, Parley P. Pratt, Sidney Rigdon, Lyman Wight, and George W. Robinson, stating that the officers of the army wanted a mutual consultation with those men; Hinkle also assured them that these 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);—had pledged their sacred honor that they should not be abused or insulted, but should be guarded back in safety in the morning, or as 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 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 [cannon] 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, howlings, yellings, and shoutings of the army, which were so horrid and terrific that it frightened the inhabitants of the city.

It is impossible to describe the feelings of horror and distress of the people.

After being thus betrayed, they [the prisoners] were placed under a strong guard of thirty men, armed cap-a-pie, who 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 to expect their liberties again. So far for their honor 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, of Far West 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. About twelve o'clock on that day, Colonel Hinkle came to my house with an armed force, opened the door, and called me out of doors and delivered me up as a prisoner unto that force. They surrounded me and commanded me to march into the camp. I told them that I could not go; my family were sick, and I was sick myself, and could not leave home. They said they did not care for that—I must and should go. I asked when they would permit me to return. They made me no answer, but forced me along with the point of the bayonet into the camp, and put me under the same guard with my brother Joseph; and within about half an hour afterwards, Amasa Lyman was also brought and placed under the same guard. There we were compelled to stay all that night and lie on the ground. But some time in the same night, Colonel Hinkle came to me and told me that he had been pleading my case before the court-martial, but he was afraid he would not succeed.

He said there was a court-martial then in session, consisting of thirteen or fourteen officers; Circuit Judge Austin A. King, and Mr. Birch, district attorney; also Sashiel Woods, Presbyterian priest, and about twenty other priests of the different religious denominations in that country. He said they were determined to shoot us on the next morning in the public square in Far West. I made him no reply.

On the next morning, about sunrise, General Doniphan ordered his brigade to take up the line of march and leave the camp. He came to us where we were under guard, to shake hands with us, and bid us farewell. His first salutation was, "By God, you have been sentenced by the court-martial to be shot this morning; but I will be damned if I will have any of the honor of it, or any of the disgrace of it; therefore I have ordered my brigade to take up the line of march and to leave the camp, for I consider it to be cold-blooded murder, and I bid you farewell;" and he went away.

This movement of Colonel Doniphan made considerable excitement in the army, and there was considerable whisperings amongst the officers. We listened very attentively, and frequently heard it mentioned by the guard that "the damned Mormons would not be shot this time."

In a few moments the guard was relieved by a new set. One of those new guards said that "the damned Mormons would not be shot this time," for the movement of General Doniphan had frustrated the whole plan, and that the officers had called another court-martial, and had ordered us to be taken to Jackson county, and there to be executed; and in a few moments two large wagons drove up, and we were ordered to get into them; and while we were getting into them, there came up four or five men armed with guns, who drew up and snapped their guns at us, in order to kill us; some flashed in the pan, and others only snapped, but none of their guns went off. They were immediately arrested by several officers, and their guns taken from them, and the drivers drove off.

We requested 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 into 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 they [the guard] immediately drove 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 were relieved every two hours, and we were permitted to sleep on the ground. The nights were then cold, with considerable snow on the ground; and for 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 and camels. We were examined from head to foot by men, women and children, only I believe they did not make us open our mouths to look at our teeth. This treatment was continued incessantly until we arrived at Independence in Jackson county.

After our arrival at Independence, we were driven all through the town for inspection, and then we were ordered into an old log house, and there kept under guard as usual, until supper, which was served up to us as we sat upon the floor, or on billets of wood, and we were compelled to stay in that house all that night and the next day.

They continued to exhibit us to the public, by letting the people come in and examine us, and then go away and give place for others, alternately, all that day and the next night. But on the morning of the following day, we were all permitted to go to the tavern to eat and to sleep; but afterward they made us pay our own expenses for board, lodging, and attendance, and for which they made a most exorbitant charge.

We remained in the tavern about two days and two nights, when an officer arrived with authority from General Clark to take us back to Richmond, Ray county, where the general had arrived with his army to await our arrival. 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 them, and they were ridden to Richmond, and the owners came there and got them.

We started in the morning under our new officer, Colonel Price, of Keytsville, Chariton county, with several other men to guard us.

We arrived there on Friday evening, the 9th day of November, and were thrust into an old log house, with a strong guard placed over us.

After we had been there for the space of half an hour, there came in a man who was said to have some notoriety in the penitentiary, bringing in his hands a quantity of chains and padlocks. He said he was commanded by General Clark to put us in chains.

Immediately the soldiers rose up, and pointing their guns at us, placed their thumb on the cock, and their finger on the trigger; and the state's prison-keeper went to work, putting a chain around the leg of each man, and fastening it on with a padlock, until we were all chained together—seven of us.

In a few moments General Clark came in. We requested to know of him what was the cause of all this harsh and cruel treatment. He refused to give us any information at that time, but said he would in a few days; so we were compelled to continue in that situation camping on the floor, all chained together, without any chance or means to be made comfortable, having to eat our victuals as it was served up to us, using our fingers and teeth instead of knives and forks.

Whilst we were in this situation, a young man of the name of Jedediah M. Grant, brother-in-law to my brother William Smith, came to see us, and put up at the tavern where General Clark made his quarters. He happened to come in time to see General Clark make choice of his men to shoot us on Monday morning, the 12th day of November. He saw them make choice of their rifles, and load them with two balls in each; and after they had prepared their guns, General Clark saluted them by saying, "Gentlemen, you shall have the honor of shooting the Mormon leaders on Monday morning at eight o'clock!"

But in consequence of the influence of our friend, the inhuman general was intimidated, so that he dared not carry his murderous designs into execution, and sent a messenger immediately to Fort Leavenworth to obtain the military code of laws.

After the messenger's return the general was employed nearly a whole week examining the laws; so Monday passed away without our being shot. However, it seemed like foolishness to me that 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 differences 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 continued twelve or fourteen days; and after that time, we were ordered by the judge to introduce some rebutting evidence—saying that, if we did not do it, we should 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 Bogart, the notorious Methodist minister; and he took fifty armed soldiers and started for Far West. I saw the subpoenas given to him and his company, when they started.

In the course of a few days they returned with almost all those forty men whose names were inserted in the subpoenas, 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 cannot help ourselves."

Several others made similar expressions in the agony of their souls; but my brother Joseph did not say anything, he being sick at that time with the toothache and pain 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 Rees that we should try to get some witnesses before the pretended court.

Accordingly, I gave the names of about twenty other persons. The Judge inserted them in a subpoena, and caused it to be placed into the hands of Bogart, the Methodist priest; and he again started off with his fifty soldiers to take those men prisoners, as he had done the forty others.

The Judge sat and laughed at the good opportunity of getting the names, that they might the more easily capture them, and so bring them down to be thrust into prison, in order to prevent us from getting the truth before the pretended court, of which he was the chief inquisitor or conspirator. Bogart returned from his second expedition with one witness 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 court open for us; and that if we did not rebutt 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 —— —— if the witness should not be sworn, and that it was a damned shame that these defendants should be treated in this manner,—that they could not be permitted to get one witness before the court, whilst all their witnesses, even forty at a time, have been taken by force of arms and thrust into that damned '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 as soon as he began to speak, a man by the name of Cook, who was a brother-in-law to priest Bogart, the Methodist, and who was a lieutenant, [in the state militia] and whose duty 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 around the place where the inquisition was sitting to keep the bystanders from intruding upon the majesty of the inquisitors, and jammed him along to the door, and kicked him out of doors. He instantly turned to some soldiers who were standing by him, and said to them, "Go and shoot him, damn him; shoot him, damn him."

The soldiers ran after the man to shoot him. He fled for his life, and with great difficulty made his escape. The pretended court immediately arose, and we were ordered to be carried to Liberty, Clay County, and there to be thrust into jail. We endeavored to find out for what cause; but all we could learn was, that it was because we were "Mormons."

The next morning a large wagon drove up to the door, and a blacksmith came into the house with some chains and handcuffs. He said his orders were from the Judge to handcuff us and chain us together. He informed us that the Judge had made out a mittimus and sentenced us to jail for treason. He also said the judge had done this that we might not get bail. He also said the Judge declared 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 declared that if he let us out before the "Mormons" had left the state, we would not let them leave, and there would be another damned fuss kicked up. I also heard the Judge say, whilst he was sitting in his pretended court, that there was no law for us, nor for 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 they drove off for Clay county. 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 [bed] 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 lie some two or three days in a torpid, stupid state, not even caring or wishing for life,—the poison being administered in too large doses, or it would inevitably have proved fatal, had not the power of Jehovah interposed in our behalf, to save us from their wicked purpose.

We were also subjected to the necessity of eating human flesh for the space of five days or go without food, except a little coffee or a little corn-bread. The latter I chose in preference to the former. We none of us partook of the flesh, except Lyman Wight. We also heard the guard which was placed over us making sport of us, saying they had fed us on "Mormon" beef. I have described the appearance of this flesh to several experienced physicians and they have decided that it was human flesh. We learned afterwards, by one of the guard, that it was supposed that that act of savage cannibalism in feeding us with human flesh would be considered a popular deed of notoriety: but the people, on learning that it would not take, tried to keep it secret; but 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 [a writ of] habeas corpus twice but were refused both times by Judge Reynolds, who is now [1843] the Governor of that state. We also petitioned one of the county judges for a writ of habeas corpus, which was granted in about three weeks afterwards, but were not permitted to have any trial. We were only taken out of jail and kept out for a few hours, and then remanded back again.

In the course of three or four days after that time, Judge Turnham came into the jail in the evening, and said he had permitted Mr. Rigdon to get bail, but said he had to do it in the night, and had also to get away in the night and unknown to any of the citizens, or they would kill him; for they had sworn to kill him, if they could find him. And as to the rest of us, he dared not let us go, for fear of his own life as well as ours. He said it was damned hard to be confined under such circumstances, for he knew we were innocent men; and he said the people also knew it; and that it was only a persecution, and treachery, and the scenes of Jackson county acted over again, for fear that we should become too numerous in that upper country. He said that the plan was concocted from the governor down to the lowest judge and that damned Baptist priest, Riley, who was riding into town every day to watch the people, stirring up the minds of the people against us all he could, exciting them and stirring up their religious prejudices against us, for fear they would let us go. Mr. Rigdon, however, got bail and made his escape into Illinois.

The jailer, Samuel Tillery, Esq., told us also that the whole plan was concocted by the governor down to the lowest judge in that upper country early in the previous spring, and that the plan was more fully carried out at the time that General Atchison went down to Jefferson city with Generals Wilson, Lucas, and Gillium, the self-styled Delaware Chief. This was sometime 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 do it. "But," said he, "you need not be concerned, for the governor has laid a plan for your release." He also said that Squire Birch, the state's attorney, was appointed to be circuit judge on the circuit passing through Daviess county, and that he (Birch) was instructed to fix the papers, so that we should be sure to be clear from 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 had been 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 were empannelled were all at the massacre at Haun's Mills and lively actors in that awful, solemn, disgraceful, cool-blooded murder; and all the pretense they made of excuse was, they had done it because the governor ordered them to do it.

The same men sat as a jury in the day time, and were placed over us as a guard in the night time. They tantalized us and boasted of their great achievements at Haun's Mills and at other places, telling us how many houses they had burned, and how many sheep, cattle, and hogs they had driven off belonging to the "Mormons," and how many rapes they had committed, and what squealing and kicking there was among the d—— b——s, saying that they lashed one woman upon one of the damned "Mormon" meeting benches, tying her hands and her feet fast, and sixteen of them abused her as much as they had a mind to, and then left her bound and exposed in that distressed condition. These fiends of the lower regions boasted of these acts of barbarity, and tantalized our feelings with them for ten days. We had heard of these acts of cruelty previous to this time, but we were slow to believe that such acts had been perpetrated. The lady who was the subject of this brutality did not recover her health to be able to help herself for more than three months afterwards.

This grand jury constantly celebrated their achievements with grog and glass in hand, like the Indian warriors at their war dances, singing and telling each other of their exploits in murdering the "Mormons," in plundering their houses and carrying off their property. At the end of every song they would bring in the chorus, "G——d——, G——d——, G——d——, Jesus Christ, G——d—— the Presbyterians, G——d—— the Baptists, G——d—— the Methodists," reitering one sect after another in the same manner, until they came to the "Mormons." To them it was, G——d—— the G——d—— Mormons, we have sent them to hell." Then they would slap their hands and shout, Hosanna! Hosanna! Glory to God! and fall down on their backs and kick with their feet a few moments. Then they would pretend to have swooned away into a glorious trance, in order to imitate some of the transactions at camp meetings. Then they would pretend to come out of the 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 down each other's necks, crying, "Damn it, take it; you must take it!" And if anyone refused to drink the whisky, others would clinch him and hold him, whilst another poured it down his neck; and what did not go down the inside went down the outside. This is a part of the farce acted out by the grand jury of Daviess county, whilst they stood over us as guards for ten nights successively. And all this in the presence of the great Judge Birch, who had previously said, in our hearing, that there was no law for the "Mormons" in the state of Missouri. His brother was there acting as district attorney in that circuit, and, if anything, was a greater ruffian than the judge.

After all their 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; 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 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 in the afternoon, the sun about two hours high, 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 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 next 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, and 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 arrived safe at Quincy, Adams county, where we found our families in a state of poverty, although in good health, they having been driven out of the state previously by the murderous militia, under the exterminating order of the executive of Missouri; and now [1843] the people of that state, a portion of them, would be glad to make the people of this state [Illinois] believe that my brother Joseph had committed treason, for the purpose of keeping up their murderous and hellish persecution; and they seem to be unrelenting and thirsting for the blood of innocence; for I do know most positively that my brother Joseph has not committed treason, nor violated one solitary item of law or rule in the state of Missouri.

But I do know that the "Mormon" people, en masse, were driven out of that state, after being robbed of all they had; and they barely escaped with their lives, as also 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 this in consequence of the exterminating order of Governor Boggs, the same being sanctioned by the legislature of the 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 Gillium, 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 a large number 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; the Saints 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, Sen., has not been in the state of Missouri since the spring of the year 1839. And further this deponent saith not.

[Signed] Hyrum Smith.

II.

Testimony of Parley P. Pratt

Parley P. Pratt, sworn, says that he fully concurs in the testimony of the preceding witness, so far as he is acquainted with the same; and that Joseph Smith has not been known as Joseph Smith, Jun., for the time stated by Hyrum Smith. He was an eye-witness of most of the scenes testified to by said Hyrum Smith, during the persecutions of our people in Missouri. That during the latter part of summer and fall of the year 1838, there were large bodies of the mob assembled in various places for the avowed object of driving, robbing, plundering, killing, and exterminating the "Mormons," and they actually committed many murders and other depredations, as related by the preceding witness.

The Governor was frequently petitioned, as also the other authorities, for redress and protection. At length, Austin A. King, the judge of the Circuit court of the Fifth Judicial District, ordered out somewhere near a thousand men, for the avowed purpose of quelling the mob and protecting the "Mormons." These being under arms for several weeks, did in some measure prevent the mob's proceedings for some time. After which, Judge King^[2] withdrew the force, refusing to put the State to further expense for our protection without orders from the Governor.

The mobs then again collected in great numbers, in Carroll, Daviess, and Caldwell counties, and expressed their determination to drive the "Mormons" from the State or kill them. They did actually drive them from De Witt, firing upon some, and taking other prisoners.

They turned a man by the name of Smith Humphrey and family out of doors, when sick, and plundered his house and burned it before his eyes. They also plundered the citizens generally, taking their lands, houses, and property.

Those whose lives were spared, precipitately fled to Far West in the utmost distress and consternation. Some of them actually died on the way, through exposure, suffering and destitution. Other parties of the mob were plundering and burning houses in Daviess county, and another party of the mob were ravaging the south part of Caldwell county in a similar manner.

The Governor was again and again petitioned for redress and protection, but utterly refused to render us any assistance whatever. Under these painful and distressing circumstances, we had the advice of Generals Atchison, Doniphan and Parks to call out the militia of Caldwell and Daviess counties, which was mostly composed of "Mormons" and to make a general defense.

The presiding Judge of Caldwell county, Elias Higbee, gave orders to the sheriff of said county to call out the militia. They were called out under the command of Colonel Hinkle, who held a commission from the Governor, and was the highest military officer in the county. This force effectually dispersed the mob in several places, and a portion of them were so organized in the city of Far West, that they could assemble themselves upon the shortest notice, and were frequently ordered to assemble in the public square of said city, in cases of emergency.

These proceedings against the mob being misrepresented by designing men, both to the Governor and other authorities and people of the State, caused great excitement against the "Mormons." Many tried to have it understood that the "Mormons" were in open rebellion, and making war upon the State.

With these pretenses, Governor Boggs issued the following:—

Exterminating Order.

Headquarters Of The Militia.

City Of Jefferson, October 27, 1838.

Gen. John B. Clark.

Sir:—Since the order of the morning to you, directing you to come with 400 mounted men to be raised within your division, I have received, by Amos Bees, Esq., of Ray county, and Wiley C. Williams, Esq., one of my aides, information of the most appalling character, which entirely changes the face of things, and places the "Mormons" in the attitude of an open and avowed defiance of the laws, and of having made war upon the people of this State.

Your orders are, therefore, to hasten your operations with all possible speed. The "Mormons" must be treated as enemies, and must be exterminated or driven from the State, if necessary, for the public peace.

Their outrages are beyond all descriptions. If you can increase your force, you are authorized to do so to any extent you may consider necessary. I have just issued orders to Major-General Willock, of Marion county, to raise 500 men, and to march them to the northern part of Daviess [county], and there unite with General Doniphan, of Clay, who has been ordered with 500 men to proceed to the same point for the purpose of intercepting the retreat of the "Mormons" to the north. They have been directed to communicate with you by express. You can also communicate with them, if you find it necessary.

Instead, therefore, of proceeding as at first directed, to reinstate the citizens of Daviess, in their homes, you will proceed immediately to Richmond, and there operate against the "Mormons."

Brigadier General Parks, of Ray, has been ordered to have 400 of his brigade in readiness to join you at Richmond. The whole force will be placed under your command.

I am very respectfully your ob't Serv't,

L. W. Boggs,

Commander-in-chief.^[3]

In the meantime Major-General Lucas and Brigadier-General Wilson, both of Jackson county, (who had, five years previously, assisted in driving about 1,200 "Mormon" citizens from that county, besides burning 203 houses, and assisted in murdering several, and plundering the rest), raised forces to the amount of several thousand men, and appeared before the city of Far West in battle array.

A few of the militia then paraded in front of the city, which caused the cowardly assailants to come to a halt at about a mile distant, in full view of the town.

A messenger arrived from them and demanded three persons before they massacred the rest and laid the town in ashes. The names of the persons demanded were Adam Lightner, John Clemenson, and his wife. They gave no information who this army were, nor by what authority they came; neither had we at that time any knowledge of the governor's order, nor any of these movements, the mail having been designedly stopped by our enemies for three weeks previously. We had supposed, on their first appearance, that they were friendly troops sent for our protection; but on receiving this alarming information of their wicked intentions, we were much surprised, and sent a messenger with a white flag to inquire of them who they were, and what they wanted of us, and by whose authority they came.

This flag was fired upon by Captain Bogart, the Methodist priest, who afterwards told me the same with his own mouth. After several attempts, however, we got an interview, by which we learned who they were, and that they pretended to have been sent by the governor to exterminate our people.

Upon learning this fact no resistance was offered to their will or wishes. They demanded the arms of the militia, and forcibly took them away. They requested that Mr. Joseph Smith and other leaders of the Church should come into their camp for consultation, giving them a sacred promise of protection and safe return. Accordingly, Messrs. Joseph Smith, Sidney Rigdon, Lyman Wight, George W. Robinson, and myself started in company with Colonel Hinkle to their camp when we were soon abruptly met by General Lucas with several hundred of his soldiers, in a hostile manner, who immediately surrounded us, and set up the most hideous yells that might have been supposed to have proceeded from the mouths of demons, and marched us as prisoners within their lines.

There we were detained for two days and nights, and had to sleep on the ground, in the cold month of November, in the midst of rain and mud, and were continually surrounded with a strong guard, whose mouths were filled with cursing and bitterness, blackguardism and blasphemy—who offered us every abuse and insult in their power, both by night and day; and many individuals of the army cocked their rifles and, taking deadly aim at our heads, swore they would shoot us.

While under these circumstances, our ears were continually shocked with the relation of the horrid deeds they had committed and which they boasted of. They related the circumstance in detail of having, the previous day, disarmed a certain man in his own house, and took him prisoner, and afterwards beat out his brains with his own gun, in presence of their officers. They told of other individuals lying here and there in the brush, whom they had shot down without resistance, and who were lying unburied for the hogs to feed upon.

They also named one or two individual females of our society, whom they had forcibly bound, and twenty or thirty of them, one after another, committed rape upon them. One of these females was a daughter of a respectable family with whom I have been long acquainted, and with whom I have since conversed and learned that it was truly the case. Delicacy at present forbids my mentioning the names. I also heard several of the soldiers acknowledge and boast of having stolen money in one place, clothing and bedding in another, and horses in another, whilst corn, pork, and beef were taken by the whole army to support the men and horses; and in many cases cattle, hogs, and sheep were shot down, and only a small portion of them used—the rest left to waste. Of these crimes, of which the soldiers boasted, the general officers freely conversed and corroborated the same. And even General Doniphan, who professed to be opposed to such proceedings, acknowledged the truth of them, and gave us several particulars in detail.

I believe the name of the man whose brains they knocked out was Carey. Another individual had his money chest broken open and several hundred dollars in specie taken out. He was the same Smith Humphrey whose house the mob burned at De Witt.

After the "Mormons" were all disarmed, General Lucas gave a compulsory order for men, women, and children to leave the state forthwith, without any exceptions, counting it a mercy to spare their lives on these conditions. Whilst these things were proceeding, instead of releasing us from confinement, Hyrum Smith and Amasa Lyman were forcibly added to our number as prisoners; and under a large military escort, commanded by General Wilson before mentioned, we were all marched to Jackson county, a distance of between fifty and sixty miles, leaving our families and our friends at the mob's mercy, in a destitute condition, to prepare for a journey of more than two hundred miles, at the approach of winter, without our protection, and every moment exposed to robbery, ravishment, and other insults, their personal property robbed and their houses and lands already wrested from them.

We were exhibited like a caravan of wild animals on the way and in the streets of Independence, and were also kept prisoners for a show for several days.

In the meantime, General Clark had been sent by Governor Boggs with an additional force of 6,000 men from the lower country, to join General Lucas in his operations against the "Mormons." He soon arrived before Far West with his army, and confirmed all Lucas had done, and highly commended them for their virtue, forbearance, and other deeds in bringing about so peaceable and amicable an adjustment of affairs. He kept up the same scene of ravage, plunder, ravishment, and depredation, for the support and enrichment of his army, even burning the houses and fences for fuel.

He also insisted that every man, woman, and child of the "Mormon" society should leave the state, except such as he detained as prisoners, stating that the governor had sent him to exterminate them, but that he would, as a mercy, spare their lives, and gave them until the first of April following to get out of the state.

He also compelled them, at the point of the bayonet, to sign a deed of trust of all their real estate, to defray the expenses of what he called "The Mormon War."

After arranging all these matters to his satisfaction, he returned to Richmond, thirty miles distant, taking about sixty men, heads of families, with him, and marching them through a severe snowstorm on foot, as prisoners, leaving their families in a perishing condition.

Having established his headquarters at Richmond, Ray county, he sent to General Lucas and demanded us to be given up to him. We were accordingly transported some thirty or forty miles, delivered over to him, and put in close confinement in chains, under a strong guard.

At length we obtained an interview with him, and inquired why we were detained as prisoners. I said to him, "Sir, we have now been prisoners, under the most aggravating circumstances, for two or three weeks, during which time we have received no information as to why we are prisoners, or for what object, and no writ has been served upon us. We are not detained by the civil law; and as ministers of the Gospel in time of peace, who never bear arms, we cannot be considered prisoners of war, especially as there has been no war; and from present appearances, we can hardly be considered prisoners of hope. Why, then, these bonds?"

Said he, "You were taken to be tried." "Tried by what authority?" said I. "By court-martial," replied he. "By court-martial?" said I. "Yes," said he. "How," said I, "can men who are not military men, but ministers of the Gospel, be tried by court-martial in this country, where every man has a right to be tried by a jury?" He replied, it was according to the treaty with General Lucas, on the part of the state of Missouri, and Colonel Hinkle, the commanding officer of the fortress of Far West, on the part of the "Mormons," and in accordance with the governor's order. "And," said he, "I approve of all that Lucas has done, and am determined to see it fulfilled." Said I, "Colonel Hinkle was but a colonel of the Caldwell county militia, and commissioned by the governor, and the 'Mormons' had no fortress, but were, in common with others, citizens of Missouri; and therefore we recognize no authority in Colonel Hinkle to sell our liberties or make treaties for us."

Several days afterwards, General Clark again entered our prison, and said he had concluded to deliver us over to the civil authorities. Accordingly, we were soon brought before Austin A. King, judge of the Fifth Judicial Circuit, where an examination was commenced, and witnesses sworn, at the point of the bayonet, and threatened on pain of death, if they did not swear to that which would suit the court.

During this examination, I heard Judge King ask one of the witnesses, who was a "Mormon," if he and his friends intended to live on their lands any longer than April, and to plant crops? Witness replied, "Why not?" The judge replied, "If you once think to plant crops or to occupy your lands any longer than the first of April, the citizens will be upon you; they will kill you every one—men, women and children, and leave you to manure the ground without a burial. They have been mercifully withheld from doing this on the present occasion, but will not be restrained for the future."

On examining a "Mormon" witness, for the purpose of substantiating the charge of treason against Mr. Joseph Smith, he questioned him concerning our religious faith:—1st. Do the Mormons send missionaries to foreign nations? The witness answered in the affirmative. 2nd. Do the Mormons believe in a certain passage in the Book of Daniel (naming the passage) which reads as follows:—"And the kingdom and dominion, and the greatness of the kingdom under the whole heaven, shall be given to the people of the Saints of the Most High, whose kingdom is an everlasting kingdom, and all dominions shall serve and obey him?" (Dan. 7:27.) On being answered in the affirmative, the judge ordered the scribe to put it down as a strong point for treason; but this was too much for even a Missouri lawyer to bear. He remonstrated against such a course of procedure, but in vain. Said he, "Judge, you had better make the Bible treason."

After an examination of this kind for many days, some were set at liberty, others [were] admitted to bail, and themselves and [those who went their] bail [were] expelled from the state forthwith, with the rest of the "Mormon" citizens, and Joseph Smith, Hyrum Smith, Sidney Rigdon, Lyman Wight, and others, were committed to the Clay county jail for further trial. Two or three others and myself were put into the jail at Ray county for the same purpose.

The "Mormon" people now began to leave the state, agreeably to the exterminating order of Governor Boggs. Ten or twelve thousand left the state during the winter, and fled to the state of Illinois.

A small number of the widows and the poor, together with my family and some of the friends of the other prisoners, still lingered in Far West, when a small band of armed men entered the town and committed many depredations and threatened life; and swore that if my wife and children, and others whom they named, were not out of the state in so many days, they would kill them, as the time now drew near for the completion of the exterminating order of Governor Boggs.

Accordingly, my wife and children and others left the state as best they could, wandered to the state of Illinois, there to get a living among strangers, without a husband, father or protector. Myself and party still remained in prison, after all the other "Mormons" had left the state; and even Mr. Smith and his party had escaped.

In June, by change of venue, we were removed from Ray county to Columbia, Boone county, upwards of one hundred miles towards the state of Illinois; and by our request a special court was called for final trial. But notwithstanding we were removed more than one hundred miles from the scenes of the depredations of the mob, yet such was the fact, that neither our friends nor witnesses dare come into that state to attend our trial, as they had been banished from the state by the governor's order of extermination, executed to the very letter by the principal officers of the state, civil and military.

On these grounds, and having had all these opportunities to know, I testify that neither Mr. Smith nor any other "Mormon" has the least prospect for justice, or to receive a fair and impartial trial in the state of Missouri.

If tried at all, they must be tried by authorities who have trampled all law under their feet, and who have assisted in committing murder, robbery, treason, arson, rape, burglary and felony, and who have made a law of banishment, contrary to the laws of all nations, and executed this barbarous law with the utmost rigor and severity.

Therefore, Mr. Smith, and the "Mormons" generally, having suffered without regard to law, having been expelled from the state, Missouri has no further claims whatever upon any of them.

I furthermore testify that the authorities of other states who would assist Missouri to wreak further vengeance upon any individual of the persecuted "Mormons," are either ignorantly or willfully aiding and abetting in all these crimes.

Cross-examined he stated that he was very intimate with Mr. Smith all the time he resided in the state of Missouri, and was with him almost daily; and that he knows positively that Mr. Smith held no office, either civil or military, either real or pretended, in that state; and that he never bore arms or did military duty, not even in self-defense; but that he was a peaceable, law-abiding and faithful citizen, and a preacher of the Gospel, and exhorted all the citizens to be peaceable, long-suffering and slow to act even in self-defense.

He further stated that there was no fortress in Far West, but a temporary fence made of rails, house logs, floor planks, wagons, carts, etc., hastily thrown together, after being told by General Lucas that they were to be massacred the following morning, and the town burnt to ashes, without giving any information by what authority. And he further states that he only escaped himself from that state by walking out of the jail when the door was open to put in food, and came out in obedience to the governor's order of banishment, and to fulfill the same.

Parley P. Pratt.

III.

Testimony of George W. Pitkin

George W. Pitkin sworn. Says that he concurs with the preceding witnesses, Hyrum Smith and Parley P. Pratt, in all the facts with which he is acquainted; that in the summer of 1838 he was elected Sheriff of the county of Caldwell and State of Missouri. That in the fall of the same year, while the county was threatened and infested with mobs, he received an order from Judge Higbee, the presiding Judge of said county, to call out the Militia, and he executed the same.

The said order was presented by Joseph Smith, Sen., who showed the witness a letter from General Atchison, giving such advice as was necessary for the protection of the citizens of said county. Reports of the mobs destroying property were daily received. Has no knowledge that Joseph Smith was concerned in organizing or commanding said Militia in any capacity whatever.

About this time he received information that about forty or fifty "Yauger rifles" and a quantity of ammunition were being conveyed through Caldwell to Daviess county, for the use of the mob, upon which he deputized William Allred to go with a company of men and intercept them, if possible. He did so, and brought the said arms and ammunition into Far West, which were afterwards delivered up to the order of Austin A. King, Judge of the Fifth, Circuit in Missouri.

It was generally understood at that time that said arms had been stolen by Neil Gillum and his company of volunteers, who had been upon a six months' tour of service in the war between the United States and the Florida Indians. They were supposed to have been taken from the Fort at Tampa Bay, and brought to Richmond, Clay county, and that Captain Pollard or some other person loaned them to the mob.

He further says that whilst in office as Sheriff, he was forcibly and illegally compelled by Lieutenant Cook, the son-in-law or brother-in-law of Bogart, the Methodist priest, to start for Richmond; and when he demanded of him by what authority he acted, he was shown a bowie-knife and a brace of pistols; and when he asked what they wanted of him, he said they would let him know when he got to Richmond. Many of the citizens of Caldwell county were taken in the same manner, without any legal process whatever, and thrust into prison.

George W. Pitkin.

IV.

Testimony of Brigham Young

Brigham Young sworn. Says that so far as he was acquainted with the facts stated by the previous witnesses, he concurs with them, and that he accompanied Mr. Joseph Smith, Sen., into the State of Missouri, and arrived at Far West on the 14th day of March, 1838, and was neighbor to Mr. Smith until he was taken by Governor Boggs' Militia a prisoner of war, as they said, and that he was knowing to his character whilst in the State of Missouri; and that he, Mr. Smith, was in no way connected with the Militia of that state, neither did he bear arms at all, nor give advice, but was a peaceable, law-abiding, good citizen, and a true Republican in every sense of the word.

He was with Mr. Smith a great share of the time, until driven out of Missouri by an armed force, under the exterminating order of Governor Boggs.

He heard the most of Mr. Smith's public addresses, and never did he hear him give advice or encourage anything contrary to the laws of the State of Missouri; but, to the contrary, always instructing the people to be peaceable, quiet, and law-abiding; and if necessity should compel them to withstand their enemies, by whom they were daily threatened in mobs at various points, that they, the "Mormons," should attend to their business strictly, and not regard reports; and if the mob did come upon them, to contend with them by the strong arm of the law; and if that should fail, our only relief would be self-defense; and be sure and act only upon the defensive. And there were no operations against the mob by the Militia of Caldwell county, only by the advice of Generals Atchison, Doniphan, and Parks.

At the time that the army came in sight of Far West, he observed their approach, and thought some of the Militia of the state had come to the relief of the citizens; but, to his great surprise, he found that they were come to strengthen the hands of the mobs that were around and which immediately joined the army.

A part of these mobs were painted like Indians; and Gillum, their leader, was also painted in a similar manner, and styled himself the "Delaware Chief;" and afterwards he and the rest of the mob claimed and obtained pay as Militia from the state for all the time they were engaged as a mob, as will be seen by reference to the acts of the Legislature.

That there were "Mormon" citizens wounded and murdered by the army under the command of General Lucas; and he verily believes that several women were ravished to death by the soldiery of Lucas and Clark.

He also stated that he saw Joseph Smith, Sidney Rigdon, Parley P. Pratt, Lyman Wight, and George W. Robinson delivered up by Colonel Hinkle to General Lucas, but expected that they would have returned to the city that evening or the next morning, according to agreement, and the pledge of the sacred honor of the officers that they should be allowed to do so; but they did not return at all.

The next morning, General Lucas demanded and took away the arms of the Militia of Caldwell county, (which arms have never been returned), assuring them that they should be protected. But as soon as they obtained possession of the arms, they commenced their ravages by plundering the citizens of their bedding, clothing, money, wearing apparel, and everything of value they could lay their hands upon; and also attempting to violate the chastity of the women in sight of their husbands and friends, under the pretence of hunting for prisoners and arms.

The soldiers shot down our oxen, cows, hogs, and fowls at our own doors, taking part away and leaving the rest to rot in the streets. The soldiers also turned their horses into our fields of corn.

Here the witness was shown General Clark's speech, which is as follows, viz.:—

"Gentlemen,—You, whose names are not attached to this list of names, will now have the privilege of going to your fields, and of providing corn, wood, etc., for your families.

"Those that are now taken will go from this to prison, be tried, and receive the due demerit of their crimes; but you (except such as charges may hereafter be preferred against,) are at liberty as soon as the troops are removed that now guard the place, which I shall cause to be done immediately.

"It now devolves upon you to fulfill the treaty that you have entered into, the leading items of which I shall now lay before you.

"The first requires that your leading men be given up to be tried according to law. This you have complied with. The second is, that you deliver up your arms. This has also been attended to. The third stipulation is, that you sign over your properties to defray the expenses that have been incurred on your account. This you have also done.

"Another article yet remains for you to comply with, and that is, that you leave the State forthwith. And whatever may be your feelings concerning this, or whatever your innocence is, it is nothing to me.

"General Lucas (whose military rank is equal with mine,) has made this treaty with you. I approve of it. I should have done the same, had I been here, and am therefore determined to see it executed.

"The character of this state has suffered almost beyond redemption, from the character, conduct, and influence that you have exerted; and we deem it an act of justice to restore her character by every proper means.

"The order of the Governor to me was, that you should be exterminated, and not allowed to remain in the state. And had not your leaders been given up and the terms of the treaty complied with before this time, your families would have been destroyed and your houses in ashes.

"There is a discretionary power vested in my hands, which, considering your circumstances, I shall exercise for a season. You are indebted to me for this clemency.

"I do not say that you shall go now, but you must not think of staying here another season, or of putting in crops; for the moment you do this, the citizens will be upon you. And if I am called here again, in case of non-compliance with the treaty made, do not think that I shall act as I have done now.

"You need not expect any mercy, but extermination; for I am determined the Governor's order shall be executed.

"As for your leaders, do not think—do not imagine for a moment—do not let it enter into your minds that they will be delivered and restored to you again; for their fate is fixed—the DIE is cast—their doom is sealed.

"I am sorry, gentlemen, to see so many apparently intelligent men found in the situation that you are; and oh! if I could invoke that great Spirit of the unknown God to rest upon and deliver you from that awful chain of superstition and liberate you from those fetters of fanaticism with which you are bound—that you no longer do homage to a man! I would advise you to scatter abroad, and never again organize yourselves with Bishops, Priests, etc., lest you excite the jealousies of the people and subject yourselves to the same calamities that have now come upon you.

"You have always been the aggressors. You have brought upon yourselves these difficulties by being disaffected, and not being subject to rule. And my advice is, that you become as other citizens, lest by a recurrence of these events you bring upon yourselves irretrievable ruin."

When asked by the Court if it was correct, and after reading it, he [Brigham Young] replied:—

Yes, as far as it goes; for, continued he, I was present when that speech was delivered, and when fifty-seven of our brethren were betrayed into the hands of our enemies, as prisoners, which was done at the instigation of our open and avowed enemies, such as William E. M'Lellin and others, and the treachery of Colonel Hinkle. In addition to the speech referred to, General Clark said that we must not be seen as many as five together. If you are, said he, the citizens will be upon you and destroy you, but flee immediately out of the state. There was no alternative for them but to flee; that they need not expect any redress, for there was none for them.

With respect to the treaty, the witness further says that there never was any treaty proposed or entered into on the part of the "Mormons," or even thought of. As to the leaders being given up, there was no such contract entered into or thought of by the "Mormons," or any one called a "Mormon," except by Colonel Hinkle. And with respect to the trial of the prisoners at Richmond, I do not consider that tribunal a legal court, but an inquisition, for the following reasons: That Mr. Smith was not allowed any evidence whatever on his part; for the conduct of the Court, as well as the Judge's own words, affirmed that there was no law for "Mormons" in the state of Missouri. He also knew that when Mr. Smith left the state of Missouri, he did not flee from justice, for the plain reason that the officers and the people manifested by their works and their words that there was no law nor justice for the people called "Mormons." And further, he knows that Mr. Smith has ever been a strong advocate for the laws and constitutions of his country, and that there was no act of his life while in the state of Missouri, according to his knowledge, that could be implied or construed in any way whatever to prove him a fugitive from justice, or that he has been guilty of "murder, treason, arson, larceny, theft, and stealing,"—the crimes he was charged with by General Clark, when he delivered him over to the civil authorities; and he supposes that the learned General did not know but that there was a difference between "larceny, theft, and stealing."