“A History, of the Persecution, of the Church of Jesus Christ, of Latter Day Saints in Missouri,” December 1839–October 1840

  • Source Note
  • Historical Introduction
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before the Court. He had previously  told Mr. , that if he () wished to save himself, he must  swear hard against the heads of the  Church, as they were the ones, the  court wanted to criminate, and if he  could swear hard against them, they  would, that is neither court nor mob,  disturb him. I intend to do it, said  he, in order to escape, for if I do not,  they will take my life. To aid him in  this work, there was standing a body  of armed men; a part of this armed  body stood in the presence of the court  to see that the witnessess swore right,  and another part was scouring the  county to drive out of it every witness  that they could hear of, whose testimo ny would be favorable to the defend ents. This course was kept up during  the whole time of the court. If a wit ness did not swear to please the court,  he or she would be threatened to be  cast into prison. They never pleased  the Court when their testimony was  favorable to the defendants. One in stance is all the proof that need be  adduced on this head. A man by the  name of Allen was called on, he began  to tell the story about ’s burning  houses in the south part of ,  he was kicked out of the house and  three men took after him with loaded  guns, and he hardly escaped with his  life. Every witness that the defend ants had, (that these creatures knew  of, and they made dilligent search to  find all they could) were either arres ted under pretention of some charge,  or else driven off. When a witness  did not swear to please the attorney,   he would order them to be ta ken into custody and they were imme diately cast into prison and the next  morning they would be brought forward  and tried again. Such was the cousre [course]  the Court and their armed body pursu ed during their sittings till they got  through; by such means they got men  to swear for them, and to swear to  most unhallowed falsehoods. It was  indeed suborning witnesses to swear,  to promise a man’s life if he would  swear, and death or imprisonment if  he did not swear, and not only to swear,  but swear to please them.
This matter of driving away witnes ses or casting them into prison or chas ing them out of the county, was car ried to such a length that our lawyers,   and , told  us not to bring our witnesses there at  all, for if we did there would not be  one of them left for the final trial, for  no sooner would and his men  know who they were, than they would  put them out of the county; as to mak ing any impression on , if a co hort of angels were to come down and  declare we were clear, said  it would all be the same, for he ()  had determined from the beginning to  cast us into prison; we never got the  privilege of introducing our witnesses  at all; if we had we could have dis proved all they swore.
We here must rather go back a lit tle, for after arrived at , he arrested a great many per sons, an account of which will be found  in the memorial of the citizens of , to the Legislature of .  Their trials also went on at the same  time. One thing in relation to ’s  proceeding, we forgot to mention— we will insert it here. After he had  arrived, some persons made applica tion for a privilege to go and plunder  houses for goods; this was readily  granted, and under this authority,  houses were plundered, locks broken,  and property taken at pleasure; and  all this without any civil process what ever.
We will here give a specimen or  two, of their swearing. We will first  introduce . This  said was angry at one of the  prisoners—, in  consequence of a law suit existing be tween them. , we suppose,  thought he had a fair opportunity now,  to take vengence, in swearing against  him; so he swore that in he saw have  a clock, in his arms, There had been  a clock found in some hazel bushes,  somewhere in the neighborhood of  . This clock, a man in , swore to be his; it was  presented to , and swore  positively that, that was the clock, he  saw have in . Now the truth is, that  the clock which said had,  belonged to another man; who had it  at that time, and has it at this, if he  has not sold it; and it is now in [.] [p. 163]
before the Court. He had previously told Mr. , that if he () wished to save himself, he must swear hard against the heads of the Church, as they were the ones, the court wanted to criminate, and if he could swear hard against them, they would, that is neither court nor mob, disturb him. I intend to do it, said he, in order to escape, for if I do not, they will take my life. To aid him in this work, there was standing a body of armed men; a part of this armed body stood in the presence of the court to see that the witnessess swore right, and another part was scouring the county to drive out of it every witness that they could hear of, whose testimony would be favorable to the defendents. This course was kept up during the whole time of the court. If a witness did not swear to please the court, he or she would be threatened to be cast into prison. They never pleased the Court when their testimony was favorable to the defendants. One instance is all the proof that need be adduced on this head. A man by the name of Allen was called on, he began to tell the story about ’s burning houses in the south part of , he was kicked out of the house and three men took after him with loaded guns, and he hardly escaped with his life. Every witness that the defendants had, (that these creatures knew of, and they made dilligent search to find all they could) were either arrested under pretention of some charge, or else driven off. When a witness did not swear to please the attorney, he would order them to be taken into custody and they were immediately cast into prison and the next morning they would be brought forward and tried again. Such was the cousre [course] the Court and their armed body pursued during their sittings till they got through; by such means they got men to swear for them, and to swear to most unhallowed falsehoods. It was indeed suborning witnesses to swear, to promise a man’s life if he would swear, and death or imprisonment if he did not swear, and not only to swear, but swear to please them.
This matter of driving away witnesses or casting them into prison or chasing them out of the county, was carried to such a length that our lawyers, and , told us not to bring our witnesses there at all, for if we did there would not be one of them left for the final trial, for no sooner would and his men know who they were, than they would put them out of the county; as to making any impression on , if a cohort of angels were to come down and declare we were clear, said it would all be the same, for he () had determined from the beginning to cast us into prison; we never got the privilege of introducing our witnesses at all; if we had we could have disproved all they swore.
We here must rather go back a little, for after arrived at , he arrested a great many persons, an account of which will be found in the memorial of the citizens of , to the Legislature of . Their trials also went on at the same time. One thing in relation to ’s proceeding, we forgot to mention—we will insert it here. After he had arrived, some persons made application for a privilege to go and plunder houses for goods; this was readily granted, and under this authority, houses were plundered, locks broken, and property taken at pleasure; and all this without any civil process whatever.
We will here give a specimen or two, of their swearing. We will first introduce . This said was angry at one of the prisoners—, in consequence of a law suit existing between them. , we suppose, thought he had a fair opportunity now, to take vengence, in swearing against him; so he swore that in he saw have a clock, in his arms, There had been a clock found in some hazel bushes, somewhere in the neighborhood of . This clock, a man in , swore to be his; it was presented to , and swore positively that, that was the clock, he saw have in . Now the truth is, that the clock which said had, belonged to another man; who had it at that time, and has it at this, if he has not sold it; and it is now in . [p. 163]
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