“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
Page 164
image
This, could have proven if he could have introduced his witnesses. For this, he was bound over to appear at the county Court, in the sum of one thousand dollars. Another, by the name of [Andrew] Job, whose mother had gone to the house of , and swore a feather bed which was in his house was her’s: After she got away, she said she never had a bed since she lived in ; but she wanted one of “old ’s” beds. Her son came to the court, to swear against for stealing; and accordingly swore that his mother’s bed was found in his house. The question was asked, how he knew it was his mother’s bed? He said he had slept upon it and he felt the stripes with his feet. His mother’s bed, had a striped tick, and the stripes went two ways, and he felt them with his feet, while lying in the bed. He was then asked if there was not a sheet on the bed under him? He said there was, but still he felt the stripes in the tick, through the sheet, so distinctly that he knew that they went two ways, and that it was his mother’s bed, and that was the way they found out, his mother’s bed was there. proved, in the mean time, that, that same bed had been in his house for many years. We give these as specimens of men’s swearing. We might multiply them to a great number, but it would swell this narrative beyond the limits allowed it. Let so much suffice.
The court at last closed, on the 29th of November, after a session of two weeks, and three days, and during most of the time we were closely confined in chains. At the close of the court, and some few days before it closed, there were a considerable number of those who had been arrested by released. Out of that number was , Esq. who was one of the seven, who had been carried to , and from thence to . They were either all released, or admitted to bail, except , , , , Joseph Smith, Jr. and ; who were sent to , Clay co. to jail, to stand their trial for treason and murder. The treason, for having whipped the mob out of and taking their cannon from them; and the murder, for the man killed in the battle. Also , Morris Phelps, , , and Norman Shearer; who were put into jail, to stand their trial, for the same crimes. At this time the Legislature had commenced its session, and a Memorial was presented to the senate and house of Representatives, to obtain a committee to investigate the whole affair pertaining to the ’s order, the operations of the mob, and the conduct and operations of the Militia, while at .
After much legislation, disputation, and controversy, and angry speechifying; as the papers of , published at the time, abundantly testify, the petition and memorial, were laid on the table, until the July following; thus utterly refusing to grant the memorialists, their request; thereby refusing to investigate the subject; and thus it stands until this day, uninvestigated by any legal authority.
After we were cast into prison, we heard nothing but threatenings, that if any Judge or Jury, or court of any kind, should clear any of us, that we should never get out of the alive. This soon determined our course; and that was, to escape out of their hands as soon as we could; and by any means we could. After we had been some length of time in prison, we demanded a writ of Habeas Corpus of , one of the Judges; which with some considerable reluctance, was granted. Great threatenings were made at this time by the mob, that if any of us were liberated we should never get out of the alive. After the investigation one of our number was released from prison by the decision of the Judge; the remainder were committed to jail. He also returned with them until a favorable opportunity offered which through the friendship of the Sheriff, Mr. Samuel Hadley, and the Jailor, Mr. Samuel Tillery, he was let out of the jail secretly, in the night, and being solemnly warned by them to be out of the with as little delay as possible, he made his escape.— Being pursued by a body of armed men, it was through the direction of a kind providence that he escaped out of their hands and safely arrived in [p. 164]
This, could have proven if he could have introduced his witnesses. For this, he was bound over to appear at the county Court, in the sum of one thousand dollars. Another, by the name of Andrew Job, whose mother had gone to the house of , and swore a feather bed which was in his house was her’s: After she got away, she said she never had a bed since she lived in ; but she wanted one of “old ’s” beds. Her son came to the court, to swear against for stealing; and accordingly swore that his mother’s bed was found in his house. The question was asked, how he knew it was his mother’s bed? He said he had slept upon it and he felt the stripes with his feet. His mother’s bed, had a striped tick, and the stripes went two ways, and he felt them with his feet, while lying in the bed. He was then asked if there was not a sheet on the bed under him? He said there was, but still he felt the stripes in the tick, through the sheet, so distinctly that he knew that they went two ways, and that it was his mother’s bed, and that was the way they found out, his mother’s bed was there. proved, in the mean time, that, that same bed had been in his house for many years. We give these as specimens of men’s swearing. We might multiply them to a great number, but it would swell this narrative beyond the limits allowed it. Let so much suffice.
The court at last closed, on the 29th of November, after a session of two weeks, and three days, and during most of the time we were closely confined in chains. At the close of the court, and some few days before it closed, there were a considerable number of those who had been arrested by released. Out of that number was , Esq. who was one of the seven, who had been carried to , and from thence to . They were either all released, or admitted to bail, except , , , , Joseph Smith, Jr. and ; who were sent to , Clay co. to jail, to stand their trial for treason and murder. The treason, for having whipped the mob out of and taking their cannon from them; and the murder, for the man killed in the battle. Also , Morris Phelps, , , and Norman Shearer; who were put into jail, to stand their trial, for the same crimes. At this time the Legislature had commenced its session, and a Memorial was presented to the senate and house of Representatives, to obtain a committee to investigate the whole affair pertaining to the ’s order, the operations of the mob, and the conduct and operations of the Militia, while at .
After much legislation, disputation, and controversy, and angry speechifying; as the papers of , published at the time, abundantly testify, the petition and memorial, were laid on the table, until the July following; thus utterly refusing to grant the memorialists, their request; thereby refusing to investigate the subject; and thus it stands until this day, uninvestigated by any legal authority.
After we were cast into prison, we heard nothing but threatenings, that if any Judge or Jury, or court of any kind, should clear any of us, that we should never get out of the alive. This soon determined our course; and that was, to escape out of their hands as soon as we could; and by any means we could. After we had been some length of time in prison, we demanded a writ of Habeas Corpus of , one of the Judges; which with some considerable reluctance, was granted. Great threatenings were made at this time by the mob, that if any of us were liberated we should never get out of the alive. After the investigation one of our number was released from prison by the decision of the Judge; the remainder were committed to jail. He also returned with them until a favorable opportunity offered which through the friendship of the Sheriff, Mr. Samuel Hadley, and the Jailor, Mr. Samuel Tillery, he was let out of the jail secretly, in the night, and being solemnly warned by them to be out of the with as little delay as possible, he made his escape.— Being pursued by a body of armed men, it was through the direction of a kind providence that he escaped out of their hands and safely arrived in [p. 164]
Page 164