Copy of Evidence, circa Late 1838–circa Early 1839 [State of Missouri v. JS et al. for Treason and Other Crimes]

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Copy of the testimoney before given before Honle Judge of 5th Judicial circuit in the State of . at the Court house in . by a criminal court of Enquiry begun Nov 12— 1838— State vs Joseph Smith Jr, , , , , , , Washington Voris [George Voorhease] Sidney Turner, JohnBuckhannon, Jacob Gates, Chandler Haldbrook , Jesse D Hunter, Andw Whitlock Martin C. Al[l]red, Wm Al[l]red, , Elijah Newman, , Zedediah Owens, , Thos Beck Moses Clawson, John J Tanner, Danl Shearer Danl J Thomas, , Elisha Edwards John S. Higbey [Higbee], Ebenezer Page, Benja Covey, , Jas M Henderson , , , David Frampton, George Kimble, Joseph W. Younger, Henry Zabriskey Allen J Stout Sheffield Daniels, Silas Manard, Anthony Head Benj Jones, Danl. Carn, John T. Earl and Norman Shearer who were charged with and [illegible] several crimes of High treason against the State, Murder, Burglary, Arson, robbery & larceny—
a witness, produced sworn & examined on behalf of the State. Deposeth & saith:
That about 4 months ago, a band called the Daughters of Zion, since called the Danite band was formed of the members of the Mormon church, the original object of which was to drive from the county of , all those who dissented from the the mormon church, in which they succeeded admirably & to the satisfaction of the concerned. I consider Joseph Smith Jun as the prime mover and organizer of this Danite band— The officers of the band, according to their grades were brought before him at a school house, together with & , the three composing the first presidency of the whole church. Joseph Smith Jr blessed them & prophesied over them, declaring that [p. [1]]
that they should be the means, in the hands of God of bringing forth the Millenial kingdom. It was stated by Jos Smith Jr that it was necessary this band should be bound together by a coveenant. That those who revealed the secrets of the society should be put to death. The covenant taken by all the Danite Band was as follows. to wit: They declared holding up their right hands
“In the name of Jesus Christ the Son of God, I do solemnly obligate myself ever to conceal, & never to reveal the secret purpose of this society, called the daughter of Zion. Should I ever do the same, I hold my life as the forefiture.”
The prophet Joseph <​Smith​> Jr together with his two counsellors & , were considered as the supreme head of the Church, and the Danite band feel themselves as much bound to obey them as to obey the supreme God. Instruction was given by Jos Smith Jr, that if any of them should get into a difficulty, the rest should help him out [illegible] that they should stand by each other right or rong, this instruction was given at a danite meeting in a publick address. As for JosSmith Jr & his two counsellors, the witness does not know that they ever took the Danite oath He knows that all the rest of the Deffts are danites. except Sidney Tanner, Andw Whitlock— Zedah. Owens, , John. J Turner, Danl S Thomas, , Geo. Kimble Anthony Head, Benj Jones, & Norman Shearer.
At an <​the​> Election, last Augst. a report came to that some of the brethren in were killed. I called for 20 volunteers to accompany me to Mr Joseph Smith in company to see into this matter I went & about 120 mormons accompanied me to Mr Joseph Smith Jr in company. when we arrived there I found the report exagerated, none were killed. We visited Mr about 150 or 200 men of us armed, Jos Smith was commander, and if had not signed the paper he did, it was the common [p. [2]]
understanding & belief that he would have shared the fate of the dissenters and were at when we went to s & advised the movement,
As regards the affair at , I know little personally, but I heard Mr <​say​> they had gone down to where it was said a mob had collected to wage war upon the mormons residing in Carroll county & that Joseph Smith Jr with his friends went down to to give aid & help to his brethren, the company, as I presume, were armed. they returned armed. & were in the company. went to see what was going on, I heard these persons say they were in s camps at several days— When the Mormons returned from it was rumoured that a mob was collecting in . Jos Smith Jr, the Sunday before the late disturbances in , at a church meeting, gave notice that he wished the whole collected on the next day (monday) at . He declared (on sunday or monday I dont recollect which) that all who did not take up arms in defence of the mormons of , should be considered as tories, and should take their exit out of the<​from​> the At the meeting on monday, where persons met from all parts of the county of , Jos Smith Jr took the pulpit & delivered an address, in which he said, that we had been an injured people, driven violently from , that we had appealed to the , magistrates, judges & even to the Prest of the & there had been no redress for us, and that now a mob was about to destroy the rights of our brethren of and that it was high time that we should take measures to defend our own rights. In the address he related an anecdote about a captain who applied to a Dutchman to purchase potatoes. who refused to sell [p. [3]]
sell. The captain then char[g]ed this company, several different tim[e]s not to touch the Dutchmans potatoes, In the morning the Dutchman had not a potatoe left in his patch. This was in refference to touching no property, in our expedition to that did not belong to us, but he told us that the people <​children​> of God did not go to war at their own expense— A vote was taken whether the brethren should embody and go down to to attack the mob, this question was put by the prophet Jos Smith Jr & passed unanimously, with a few exceptions Captains & were appointed commanders of the mormons by Jos Smith Jr to go to , he frequently called these man generals. I once had a command as an officer but Jos Smith Jr removed me from it & I asked him the reason & he assigned that he had another office for me: afterwards told me I was to fill the office of Surgeon to attend to the sick & wounded After we arrived at in . a council was held, at night composed of Jos. Smith Jr, , Captains & , , and myself & perhaps was not present, he remained at , a correspondence was kept up between him & Jos Smith Jr. I heard read one of the letters from Smith which as I remember was about as follows That he knew from prophesy & from the revelation of Jesus Christ that the enemies of the Kingdom were in their hands, & that they/the mormon church should succeed— on reading the letter said it gave him great satisfaction <​consolation​> that to have such authority that the kingdom of God was rolling on— In the above refered to council Mr Smith spoke of the grievances we had suffered in , , & other places, declared that we must [p. [4]]
in future stand up for our rights as citizens of the , & as saints of the most high God. & that it was the will of God we should do so, That we should be free and independant, and that as the State of and the would not protect us it was high time that we should <​set​> up as the saints of the most high God & protect ourselves & take the Kingdom observed that before the winter was over he thought we would be in & take it. Smith charged them that they should be united in supporting each other. Smith said on some occasion that one should chase a thousand and two put ten thousand to flight, That he considered the rotten, he compared the mormon church <​to​> the little stone spoken of by the prophet Daniel & that the Dissenters first & the next was part of the image that should be destroyed by this little stone— The cou[n]cil was called on to vote the measures of Smith, which they did unanimously— On the next day who was called by the prophet , took command of about 100 armed men & told them that he had a job for them to do & that the work of the Lord was rolling on, & they must be united. He then led his troops to , saying he was agoing to attack the mob there. He made a rush into , dispersed the few men there and took the goods out of ' store, & carried them to — & I afterwards saw the store house on fire. When we returned to the goods were deposited in the Lords store house under the care of bishop Orders were strictly given that all the goods should be deposited in the Lords store house no individuals were to appropriate any thing to themselves until a general distribution should be made— Jos. Smith Jr was at giving directions about things in general connected with the war when returned from to . the goods were divided or appor [p. [5]]
tioned out amongst those engaged, and thes[e] affairs were conducted under the superintendency of the first presidency. Apart of the goods were brought to , on their arrival under the care of , and others shouted thre[e] hozannahs to the victors— On the day went to , went to Mill Port, as I understood. I saw a great— many cattle, beds, furniture &c brought int[o] our camps by the Mormons. After we returned to , the troops were constantly kept in motion; and there was a council held at the house of to determine who should be chiefs. It was determined that should be commande[r] in chief at , Capt of the flying horse of . should be commander in chief of the troops. Capt of the flying horse or cavalry, and that the prophet Jos Smith Jr should be commander in chief of One whole Kingdom. the council was composed of Jos Smith Jr alias , & — the object of the council was in futherance of the scheme proposed in council in refered to above— after this coucil disputed as to the chief command of the troops & had a smart altercation about it with but Smith proposed that they agree to disagree and go on for the good of the kingdom— The troops were kept together until the militia came out lately; there was from 500 to 800 men as I should suppose under arms— It was about the time that the militia <​came​> out, lately to under that our prophet assembled the troops together at into a hollow square, and addressed them and stated to them that the kingdom of God should be set up & should never fall, and for every one that we lacked in number, of those who came against us the Lord would send angles [angels], who would fight for [p. [6]]
us & that we should be victorious— After the militia had been near a while, in an address Smith said that those troops were militia, & that we were militia too, and both sides clever fellows, & that he advised them to know nothing of what had happened, to say nothing & to keep dark:— that he Smith had forgotten more than he had ever known— After it was ascertained that the militia had arrived, inteligence was immediatley sent to to — next morning arrived in with about 100 mounted men and armed men The troops were constantly kept prepared, and in a situation to repel attack— The evening the militia arrived near , it was the general understanding in the mormon Camps that they were militia legally called out, previous and indeed previous to their arrival it was acertained that there were militia on their way to .— Some months ago I received orders to destroy the paper concerning the Danite society, which order was issued by the first presidency, and which paper being the constitution for the government of the danite Society, was in my custody, but which I did not destroy— It is now in 's possession— I gave the paper up to after I was taken prisoner— I found it in my house, where I had previously deposited it, and believe it had never been in any person's possession after I first recd— it This paper was taken into s house and read to the prophet & his counsellors, and was unanimously adopted by them as their rule and guide in future— After it was thus adopted I was instructed by the council to destroy it, as, if it should be discovered, it would be considered treasonable— This constitution, after it was approved of by the first presidency was read, article by article to the Danite band and unanimously adopted by them— This paper was drawn up about the time that the Danite band was formed— Since the drawing up of the paper against the dissenters, it was, that this constitution of the Danite band was drafted— but I have no minutes of the time, as we were directed <​not​> to keep no written minutes— which constitution above refered to is as follows—: [p. 7]
“Where as in all bodies laws are necessary, for the permanancy, safety, and well being of society, We the members of the society of the daughter of Zion, do agree to regulate ourselves under such laws as on righteousness shall be deemed necessary for the preservation of our holy religion, and of our most sacred rights, and the rights of our wives and children. But to be explicit on the subject, it is especially our object, to support and defend the rights confered on us by our venerable sires, who purchased them with the pledges of their lives, their fortunes, & their sacred honours— And now to prove ourselves worthy of the liberty confered on us by them, in the providence of God, we do agree to be governed by such laws, as shall perpetuate these high priviledges, of which we know ourselves to be the rightful possessors, and of which priviledges wicked and designing men have tried to deprive us, by all manner of evil, and that purely in consequence of the tenacity we have manifested in the discharge of our duty towards our God, who had given us those rights and priviledges, and a right in common with others to dwell on this Land— But we not having the priviledges of others allowed unto us. have determined, like unto our fathers to resist tyranny whether it be in kings, or in people It is all alike unto us— our rights we must have, and our rights we shall have in the name of Israels God.
Article 1st
All power belongs originally, and legitimately to the people, and they have a right to dispose of it as they shall deem fit— But as it is inconvenient, and impossible to convene the people in all cases the legislative powers have been given by them from time to time unto the hands of a representation, composed of delegates from the people themselves— This is and has been the law, both in civil and religious bodies, and is the true principle
Article 2nd
The executive power shall be vested in the president of the whole church and his counsellors—
Article 3rd
The legislative powers shall reside in the president and his counsellors together, and with the generals and [p. [8]]
Article 3rd
The Legislative powers shall reside in the President and his counsellors togeather and with the Gener[als] and Colonels of the society By them all laws shall be made regulating this society
Article 4th
All offices shall be during life and good behaviou[r] or to be regulted by the law of God.
Article 5th
The society reserves the power of electing all its officer[s] with the exception of the Aids and Clerks which the officers may need in the various stations The nomination to go from the Presidency to his second and from the Second to the third in rank and so down thro all the various grades each branch or department retains the power of electing its own particular officers
Article 6th
Punishments shall be inflected administered to the guilty in accordannce to the offence and no member shall be punished without law or by any others than those appointed by law for that purpose The Legislature shall have power to make laws regulating punishments as in their judgements shall be wisdom and righteousness
Article. 7th
There shall be a secretary whose business it shall be to keep all the Legislative records of the Society and also to keep a Register of the names of any member of the Society also the rank of the officers He shall also communicate the laws to the Generals as directed by laws made by the regulation of such business by the Legislature.
Article 8th
All officers shall be subject to the Commands of the Captains General given to the through the secretary of War and so all officers shall be subject to their superiors in rank according to laws made for that purpose. [p. [9]]
Whereas in all bodies laws are necessary for the permanent Safety and well being of society we the members of the society of the Daughter of Zion do agree to regulate ourselves under such laws as in righteousness shall be deemed necessary for the preservation of our holy religion and of our most sacred rights and the rights of our wives and Children. But to b[e] explicit on the Subject it is especially our object to support and defend the rights confered on us by our venerable sires who purchased them with the pledges of their lives fortunes and sacred honours. And now to prove ourselves worthy of this liberty confered on us by them in the providence of God we do agree to be governed by such laws as shall perpetuate these high privileges of which we know ourselves to be the rightful possessors and of which privileges wicked and designing men have tried to deprive us by all manner of evil and that purely in consequence of the tenacity we have manifested in the discharge of our duty towards our God who had given us these rights and privileges and a right in common with others to dwell on this [land] But we not having the privileges of others all owed unto us have determined like unto our Fathers to resist Tyranny whether it be in Kings or in people It is all alike to us our rights we must have and our rights we shall have in the name of Israels God.
Article 1st
All power belongs Originally and legitmately to the people and they have a right to dispose of it as they Shall deem fit. But as it is inconvenient and impossible to convince the people in all cases The Legislative powers have been given by them from time to time into the hands of a representation composed of delegates from the people themselves This is and has been the la[ws] both in civil and religious bodies and is the true principle
Article 2nd
The Executive power shall be vested in the President of the whole Church and his counsellors [p. [10]]
colonels of the society By them all laws shall be made regulating the society—
Article 4th
The society reserves the power of electing all its officers with the exceptions All offices shall be during life, and good behaviour, or to be regulated by the Law of God.
Article 5th
The society reserves the power of electing all its officers, with the exception of the aids and clerks which the officers may need in their various stations— The nomination to go from the presidency to his second, & from the second to the third in rank, and so down through all the various grades, each branch or department retains the power of electing its own particular officers—
Article 6th
Punishments shall be administered to the guilty in accordance to the offence, and no members shall be punished without law. or by any others than those appointed by law for that purpose— The Legislature shall have power to make laws regulating punishments, as in their judgments shall be wisdom and righteousness—
Article 7th
There shall be a secretary whos business it shall be to keep all the legislative records of the society, and also to keep a register of the names of every member of the society, also the rank of the officers. He shall also communicate the laws to the generals, as directed by laws made for the regulation of such business by the legislature
Article 8th.
All officers shall be subject to the commands of the Captain General, given through the secretary of war, and so all officers shall be subject to their superiors in rank, according to laws made for that purpose”—
In connection with the grand scheme of the prophet his preache[r]s and apostles were instructed to preach to and to instruct their followers, (who are estimated in Europe & at about 40,000) that it was their duty to come up to the stake called and to possess the kingdom, that it was the will of God that they should do so, & that the Lord would give [p. [11]]
give them power to possess the Kingdom— There was another writing drawn up in June last, which had for its object to get rid of the dissenters, and which had the desired effect. -[This is the paper drawn up against the dissenters refered to above by the witness]-— Since that time, and since the introduction of the scheme of the prophet made known in the above constitution, I have the prophet say that it was a fortunate thing that we got rid of the dissenters, as they would have endangered the rolling on of the kingdom of God, as introduced and to be carried into effect by the danite band, That they the dissenters were great obstacles in the way, and that unless they were removed, the aforesaid kingdom could not roll on— This paper against the dissenters was drafted by and is as follows:
June 1838
“To , , , and . greeting Whereas the citizens of have bourn with the abuse received from you at different times and on different occasions, until it is no longer to be endured, neither will they endure it any longer, having exhausted all the patience they have, and conceived that to bear any longer is a vice instead of a virtue. We have bourn long, and suffered incredibly, but we will neither bear nor suffer any longer and the decree has gone forth from our hearts, and shall not return to us void— Neither think gentlemen that in so saying we are trifling with either you or ourselves for we are not. There are no threats from you, no fear of loosing our lives by you, or by any thing you can say or do will restrain us, for out of the you shall go, and no power shall save you— And you shall have three days after you receive this communication to you, including twenty four hours in each day for you to depart, with your families peaceably, which you may do undisturbed by any person, but in that time if you do not depart we will use the means in our power to cause you to depart, for go you shall— We will have no more promises to reform [p. [12]]
as you have already done, and in every instance violated your promise, and regarded not the covenant which you had made, but put both it and us at defiance— We have solemnly warned you, and that in the most determined manner, that if you did not cease that course of wanton abuse of the citizens of this , that vengeance would overtake you sooner or later, and that when it did come, it would be as furious as the mountain torrent, and as terrible as the beating tempest, but you have affected to despise our warnings, and pass them off with a sneer, or a grin or a threat, and pursued your former course, and vengeance sleepth not, neither does it slumber, and unless you heed us this time, and attend to our request it will overtake you, at an hour when you do not expect, and at a day when you do not look for it. and for you there shall be no escape, for there is but one decree for you, which is depart,— depart, or a more fatal calamity shall befall you—
After had been taken by a States Warrant for Stealing and the Stolen property found concealed in the house of in which nefarious transaction had also participated, stole the property conveyed it to and to and there the officer of the law found it. While in the hands of the officer and under an arrest for this vile transaction and if possible to hide your shame from the world like criminals which indeed you were, you appealed to our beloved brethren Presidents Joseph Smith Jr, men whose characters you had endeavoured to destroy by every artifice you could invent, not even the basest lying excepted, and did you find them revengeful? no but notwithstanding all your scandalous attacks still such was the nobleness of their characters that even vile enemies could not appeal to them in vain,— they enlisted as you well know their influence to save you from your just fate, and they by their influence delivered you out of the hand of the officer, while you were pleading with them you promised reformation, you bound yourselves by the most solemn promises that you would never be employed again in abusing any of the citizens of , and by such condescensions did you attempt to escape the work house. But now for the [p. [13]]
<​Sequel?​> did you practice the promised reformation? you know you did not, but by secret efforts, continued to practise your iniquity, and secretly to injure their character notwithstanding their kindness to you.? are such things to be borne, you yourselves would answer that they are unsufferable If you were to answer according to the feelings of your own hearts, As we design this paper to be published to the world we will give an epitome of your scandalous conduct and treachery for the last two years. We wish to remind you that and were among the prinicipal of those who were the means of gathering us to this place by their testimony which they gave concerning the plates of the book of Mormon; That they were shewn to them by an Angel which testimony we believe now as much as before you had so scandalously disgraced it; You Commenced your wickedness by heading a party to disturb the worship of the Saints in the first day of the week and made the in to be a scene of abuse and slander, to destroy the reputation of those whom the church had appointed to be their teachers and for no other cause only that you were not the persons
The saints in having elected to be a justice of the peace, he used the power of that office to take their most sacred rights from them and that contrary to law
He supported a parcel of Blacklegs and in disturbing the worship of the saints, and when the men whom you <​the​> church had chosen to preside over their meetings endeavoured to put the to order, he helped (and by the authority of his Justices office too) these wretches to continue their confusion and threatened the church with a prosecution for trying to put them out of , and issued writs against the saints for endeavouring to sustain their rights, and bound themselves under heavy bonds to appear before his honor, and required bonds which were both inhuman and unlawful, and one of these was the venerable who had been appointed by the church to preside, a man of upwards of seventy years of age, and notorious for his peacble habits, and united with a gang of counterfeiters, thieves, liars, and blacklegs of the deepest dye to deceive, cheat, and defraud the saints out of their property, by every act and stratagem which wickedness could invent, using the influence of the vilest [p. [14]]
persecutors to bring vexatious lawsuits villianous prosecutions, and even stealing not excepted, In the midst of this career, for fear (of) the Saints would seek redress at at their hands, they breathed our threatnings of mobs and actually made attempts with their gang to bring mobs upon them. and his gang, such of them as belonged to the church, were called to an account by the church for their iniquity, they confessed repentence and were again restored to the church, But the very first opportunity they were again practising their former course, while this wickedness was going on in and his Company were writing letters to in order to destroy the characters of every person that they thought were standing in their way, And and were assisting to prepare the way to throw Confusion among the saints of , During the full career of & ’s Bogus money business got abroad into the the world that they were engaged in it and several Gentlemen were preparing to commence a prosecution against he finding it out, took with him , and fled to with their families, stealing property & bringing it with him, which has been within a few weeks past obtained by the owner, by means of a search warrant and he was saved from the penitentiary by the influence of two influential men of the place. He also brought notes with him upon which he had received pay and made an attempt to sell them to of . And on his arrival reported that he had a note of one thousand dollars against a principal man of this Church, when it was a palpable falsehood, and he had no such thing, and he did it for the purpose of inJuring his character. Shortly after and left for they were followed by , on whose arrival a general system of slandering and abuse was Commenced by you all, for the purpose of destroying the characters of certain individuals whose influence & strict regard for rightousness you dreaded, and not only yourselves but your wives and children led by Yourselves were busily engaged in it, neither were you contented with slandering and vilifying here but you Kept up continual Correspondence with your gang of marauders in , encouraging them to go on with their iniquity which they did to perfection by swaring false, to injure the characters and property of innocent men stealing cheating lying instituting vexatious lawsuits selling Bogus money and also stones and sand for bogus in which nefarious [p. [15]]
business and were ingaged while you were there, since your arrival here you have commenced a general system of the same kind of <​conduct​> in this place, You set up a nasty, dirty, pettifoggers office pretending to be Judges of the law, when it is a notorious fact that you are profoundly ignorant of it, and of evey other thing which is calculated to do mankind good, or if you know it you take good care never to practise it. And in order to bring yourselves into notice you began to interfere with all the business of the place trying to destroy the character of our merchants and bringing their creditors upon them and break them up, In addition to this you stirred up men of weak minds to prosecute one another for the vile purpose of getting a fee for pettifoging for one of them. You have also been threatning continually to enter into a general system of prosecuting, determined as you said to pick a flaw in the titles of those who have bought city lots and built upon them not that you can do any thing but cause vexatious lawsuits
And amongst an the most monstrous of all your abominations we have evidence, which when Called upon we can produce that letters sent to the post office in this place have been opened, read, and destroyed, and the persons to whom they were sent never obtained them thus ruining the business of the place, We have evidence of a very strong character that You are at this very time engaged with a gang of counterfeiters coiners and blacklegs, as some of those characters have lately visited our from and told what they had come for, and we know assuredly, that if we suffer you to continue we may expect and that speedily to find a general system of stealing counterfeiting cheating and burning property, as in , for so are your associates carrying on there at this time and that encouraged by You by means of letters you send continually to them, and to crown the whole you have had the audacity to threaten us, that if we offered to disturb you & you would get up a mob from and Counties for this insult if nothing else and your threatnings to shoot us if we offered to molest you we will put you from the county of so help us God?
the above was signed by some 84 Mormons [p. [16]]
June 1838
To and Greeting Whereas the Citizens of have borne with the abuses received from you at different times and on different occasions until it is no longer to be endured, neither will they endure it any longer, having exhausted all the patience they have. We have borne long and suffered incredibly, but we will bear nor Suffer any longer and the decree has gone forth from our hearts and shall not return unto us void— Neither think gentlemen in so doing we are trifling with either you or ourselves for we are not. There are no threats from you, no fear of lossing our lives by you or any thing you can say or do will restrain us for out of the you shall go and no power shall save you, and you shall have three days after you receive this our Communication to you including twenty-four hours in each day for you to depart with your families peaceably which you may do undistured by any person But in that time if you do not depart we will use the means in our power to cause you to depart for go you shall. We will have no more promises to reform as you have already made and in every instance violated your promise and regarded not the Covenant which you had made; but put both it and us at defiance We have Solmnly warned you and that in the most determined manner, that if you did not cease that course of wanton abuse of the Citizens of this that vengence would over take you sooner or later, and that when it did [p. [17]]
come it would be as furious as the Mountains' torrent and as terible as the beating tempest But you have affected to despise our warnings and pass them off with a sneer or a grin or a threat and still pursued your former course— Vengince sleeps not neither does it slumber; and unless you heed us this time, and attend to our request, it will over take you at an hour when you do not expect it and at a day when you do not look for it— and for you there shall be no escape; for there is but one decree for you which is depart depart or else a more fatal calamity shall befall you After had been takin by a States Warrant for stealing and the stolen property found concealed in the house of ; in which nefarious transaction had also participated— stole the property conveyed it to and to and there the officer of the law found it. While in the hands of the officers and under an arrest for this vile transaction and if possible to hide your shame from the world like criminals which indeed you were, you appealed to our beloved breathren President Joseph Smith and Men whose characters you had endeavoured to destroy, by every artifice you could invent not even the basest lying excepted Notwithstanding all your scandolous attacks, still such was the nobleness of their Characters that even vile enemies could not appeal to them in vain They enlisted as you well know other influance to save you from your just fate and they by their influance delivered you out of the hands of the officer While you were pleading [p. [18]]
with them you promised reformation you bound yourselves by the most solemn promises that you would never be employed again in abusing any of the citizens of and by such condescentions did you attempt to escape the work house.
But Now for the sequel did you practice the promised reformation— You know that you did not: but by secret efforts Continued to practice your inequity and clandestinely to injure their character notwithstanding their kindness to you. Are such things to be borne? You yourselves would answer that they are unsufferable if you were to answer according to the feelings of your own hearts. As we design this paper to be published to the world we will give an epitome of your scandalous conduct and treachery for the last two years. We wish to remind you that and were among the principal of those who were the means of geathering us to this place by their testimony which they gave concer[n]ing the plates of the book of Mormon, that they were shown to them by an Angel which testmony we believe now as much as before you so scandalously disgraced it. You commenced your wickedness by heading a party to disturb the worship of the Saints of the first day of the week, and made the in to be a scene of abuse and slander to destroy the reputation of those whom the Church had appointed to be their teachers and for no other course only that you were not the persons. The Saints in having elected to be a justice of the peace, he used the power of that office, to take their most sacred rights from them, and that [p. [19]]
contrary to law. He supported a parcel of Blacklegs in disturbing the worship of the Saints— and when the men whom the Church had chosen to preside over their meetings endeavoured to put the to order— by the authority of his office assisted those wretches in continuing their confusion and threatened the Church with a prosection for trying to put them out of the And issued writs against the Saints for endeavouring to sustain rights and bound them under heavy bonds to appear before his honour— and required bonds which were both inhuman and unlawful. One of those injured men was a man upwards of seventy years of age the venerable who had been appointed by the Church to preside— a man notorious for his peaceable habits
and united with a gang of Counterfiters thieves, liars, and Blacklegs of the deepest die to deceive, cheat and defraud the Saints out of their property by every art and stratagem which wickness could invent using the influance of the vileest persecutors to bring vexatious lawsuits upon vilanous persecutions and even steeling not excepted In the midst of this career for fear the saints would seek redress at their hands they breathed out threatnings of mobs and actually made attempts with their gang to bring mobs upon them. and his gang such of them as belonged to the Church were called to an account by the Church for their enequity— they confessed repentance and were again restored to the Church.
But the very first opportunity they were [p. [20]]
again practicing their former course— while this wi[c]kedness was going on in and his gang were writing letters to in order to distroy the character of every person they thought were standing in their way And and were assisting to prepare the way to throw Confusion among the Saints of . During the full career of and 's Bogus money business it got abroad into the wo[r]ld that they were engaged in it, and several gentlemen were preparing to commence a prosecution against . He finding it out took with him and fled to with their familys: stealing a property and bringing it with him; which has within a few weeks past been obtained by the owners by means of a search Warrent and he was saved from the Penitintiary by the influance of two influntial men of this place. He also brought notes with him upon which he had received pay and had promised to destroy them since here he made an attempt to sell them to of . And on his arrival reported that he had a note of One thousand dollars against a principal man in this Church when it is a fact that it was a palpable falsehood and had no such thing— and he did it for the purpose of injuring his character.
Shortly after and left for they were followed by , on whose arrival a general system of slander and abuse was commenced by you all for the purpose of destroying the Characters of certain individuals whose influance and strict [p. [21]]
regard for righteousness you dre[a]ded— and not only you but your wives and children led by yourselves were busily engaged in it. Neither were you contented with slandering and vilifying here: but you kept up continual correspondance with your gang of Marauders in encourageing them to go on with their iniquity which they did to perfection by swearing falsely to injure the Character and property of innocent men— cheating stealing, lying, and instituting vexatious Law Suits, selling bogus money, and also stones and sand for bogus money, in which nefarious business you and were engaged while at — Since your arrival here you have commenced a general system of the same kind of conduct in this place you got up a nasty dirty pettifoggers office pre-tending to be Judges of the law When it is a notorious fact that you are profoundly ignorant of it, and of every other thing calculated to do mankind good or if you know it you take good care never to practice it. And in order to bring yourselves into notice you began to interfere with all the business of the place. trying to distroy the Character of our Merchants and bring their creditors upon them and break them up. In addition to this you steared up men of weak minds to prosecute one another, for the vile purpose of geting a fee for a petifogger from them. You have been also been threatning Continually to enter into a general system of prosecuting— determined as you said to peck a flaw in the titles of those who have purchased City lots and built upon them not that you can do any thing but cause vexatious [p. [22]]
lawsuits. And among the most monstrous of all your abominations we have evidence which when called upon we can produce; that letters sent to the Post office in this place have been opened and read and destroyed, and the persons to whom they were sent never obtained them— thus ruining the business of the place. We have evidence of a very strong character that you are this very time engaged with a gang of Counterfeiters and coiners and blacklegs as some of those characters have lately visited our from and told what they had come for, and we know assuredly that if we suffer you to continue we may expect and that speedely to find a general system of Stealing, Cheating, Counterfeiting, and burning property as in for so are your associates carrying of there at this time and that encouraged by you by means of letters you send continually to them.
And to crown to whole you have had the audacity to threaten us that if we offered to disturb you— you would get up a mob from and Counties— for this insult if nothing else and your threatenings to shoot us if we offered to molest you We will put you from the County of So help us God
Milo Andrews [Andrus] Ralph Cox Daniel Carn Tru[e]man Brace Danil Carter J[esse] D Hunter Erastus Bingham Elisha Averett Silas Maynard [p. [23]]
Elijah Averett Joseph Clark Jr Joseph Corlay John S Higbee Chandler Holbrook Gad Yale Huntington Johnson John Lowry George P Dykes William C Gallaher Anthoney [Anthony] Head Richard Howard George Washington Vorheese [Voorhease] John W Clunk Harmon H Hills Cyrus Daniels Jotham Maynard Benjamin Benson Timothy B Fout [Foot] Daniel Shearer Solomon Daniels Andrew Moore James B Ivie Dwight Hadding Ezekial Billington John Fawsett John Crush Rufus Allen Norvil M Head Alfred W Lee Joseph Rose William Hewett Lewis Allen Harvey Greene [Green] James Hendrix James S Allen Ethan Barrows [Barrow] Edward Leaky Jackson Smith Jacob Gates Sydney Tanner James Brashear Nathan Tanner Wernier Carter Nelson Maynard Philo Allen.
[1/3 page blank] [p. [24]]
About the time the dissenters fled, preached a sermon from the text “ye are the salt of the earth; but if the salt have lost its savour, wherewithal shall it be salted? it is thenceforth good for nothing, but to be cast out, and to be trodden under foot of men.” commonly called the salt sermon, in which the dissenters were compared to <​called​> the salt that had lost its savour, and that they should be trampled upon, and driven out by the saints, which was well understood by the danites to be a part of their duty to do.— When ' men marched up to . Smith told me, as I understood him, that he had said to one of the militia captains, not to come any further as he might get into danger— Smith after erecting his bulwarks, (the night after arrived) asked me if I did not think him pretty much of a general and I answered in the affirmative— We were advised all the time to fight valiantly, and that the angles of the Lord would appear in our defence and fight out battles—
In refference to s battle, I know but little personally as to the start of the troops to fight — I was called upon to go along with the company. (which was commanded by ) as surgeon this was about midnight, but as I thought a little sleep would do me more good than fighting, I remained at home.— In the morning of the fight, about 6 o'clock I was called on by a who informed me that was wounded mortally— I went to about 3 miles from the battle ground, where I found Jos Smith Jr present laying hands on the wounded & blessing them to heal them— A was also mortally wounded. I heard the following of the prisoners say he was present in the fight to wit Norman Shearer [p. [25]]
Wyatt Cravens a witness produced sworn and examined for the state deposeth & saith he was one in 's Company and was present at the fight with the Mormons on the 25th day of October last
about day break in , and appeared in command of the company that made the attack upon us, we were lying in Camp when we heard them coming we got up and prepared for Battle, the mormons came in about 60 yards of us & formed the line of battle they then approached in a body numbering as near as I can guess to about 150 armed with guns swords & pistols to about 40 yards when the firing commenced by both parties
See next page
<​See next page—​>
 
Nehemiah Odell Senr. a witness produced sworn and examined for the State deposeth and saith that he was in the Battle between and the Mormons on the 25th of October last and says
was in the battle commanding part of the Mormon forces on that occasion. The officer who gave the Command to the Mormons, after some kind of religious ceremony to about this amount "In the name of Lazarus God & the lamb" fire Danites” and after firing twice they charged, but which party fired first I dont recollect and further this deponeth saith not
Nehemiah Odell
 
Captain a witness produced sworn and examined for the State deposeth and saith,
that on the evening of the 24th Octr last while ranging under the Orders of as is below inserted I met with several Mormons & read it to them supposing they would inform the Mormons of the Character of my company. We had been informed on that evening by citizens of that we were in danger of bei[n]g attacked by the Mormons that night, whereupon I fell back to an encampment on in . On the next morning near day break my picket guard gave information that they were coming and in a few moments I saw the mormon forces forming and a few guns were fired out of the brush by the Mormons, when the fight commenced the left wing of the Mormon forces were with [p. [26]]
in about 30 steps of my right, and in number were about 150 or 200 as I supposed and further this deponent saith not
The Order under which was ranging the north part of when attacked by the Mormons was produced and read in court as evidence And is as follows
Octr 23 1838
HeadQuarters 3d Division M
Sir Your Communication by express has been receivd You are hereby ordered to range the line between and Counties with Your Company of volunteers and prevent if possibe any invasion of county by any persons in arms whatever; You will also take care to enquire into the state of things in county & make report thereof to me from time to time I will endeavour to be with you in a few days &c
signed
Major Genl. 3d. Div M.
[1/2 page blank] [p. [27]]
Wiatt Cravens a witness, produced sworn & examined for the state deposeth and saith He was one in s company, and was present in the fight with the mormons the 25th Oct last, about day break in
and , appeared in command of the company that made the <​an​> attack upon us— We were lying in camp when we heard them comeing. We got up and prepared for battle. The mormons came in about 60 yards of us, and formed the line of battle, they approaced in a body numbering as near as I could guess about 150, armed with guns, swords & pistols to within about 40 yards of us, when the fireing commenced by both parties about the same time, I can't say which sided fired first— I was taken prisoner by the mormons— I saw Jos Smith Jr come to the mormons at a house in log creek timber a few miles from the battle ground. The wounded were taken out of the waggon there, and we started on towards — J Smith Jr passed on by me to the head of the company, where & were riding— After getting into the prairie halted the company, he & 4 others rode off a piece & confered together, & then returned to the company & called out some captain, and ordered him to call out 10 of his braves— 7 men came out, and I was placed under their guard, & told by that they would escort me off & let me go. about my business— We started back, and after getting near a field, the Capt of the guard and one other rode off ahead saying they saw a man some one— Shortly after the Capt returned alone— The[y] declared they would <​I should be​> guard<​ed​> me no further, and pointed out the path I should take, which led around the fence— I then thought the man who had not returned had been placed round the fence to kill me— but I was determined to do the best I could to make my escape— In passing on I discovered my direction would lead me to where I thought the man was placed, and I took off to the right, and immediately I was ordered to stop by some person, whom I recognized to be the man of the guard, who left with the Capt. of the guard & [p. [28]]
did not return, I fled & turned my head to look & saw the man with his gun in a shooting position & shortly after, while running I was Shot by him, & I made my way to . was in the battle— Moses Rowland one of s men, & several of the mormons was killed in that battle. 5 of s company including myself were wounded, and further this deponent saith not—
Wiatt Cravens—
 
Maurice [Morris] Phelps a witness produced sworn and examined for the state deposeth and saith,
that was in the Battle with , was one of the expedition but not in the battle was in the battle thinks Benjamin Jones was in the Battle Norman Shearer was also & wounded, I was called upon by to go down to to help relieve some Mormons prisoners who it was said had been taken by a mob, I first refused to go but being threatned / with force I consented to go we proceeded to McDaniels field in . where we were commonded to hitch our horses and we proceeded down to where was encamped my self in the extreme rear the fight was brought on but I was not in it On our return from the battle ground near log creek timber in we met Jos. Smith Jr & others who went to the wounded and pronounced blessings on them & prayed for them to be healed & saved, when we started from McDaniels field fence the only commond given that I heard was boys follow me given by the commander. I have been in two danite meetings the first I did not make any exceptions to, & in the second the following exceptionable was inculcated. “that we should take spoel or plunder in some cases" but it was Objected to And I have never attended a danite Meeting since, the day before the mormons went to J. Smith Jr. in an address told an anecdote of a Dutchman who had been applied to by a Capt to purchase Potatoes. &c in speaking of dissenters who were unwilling to fight mobs, Said that they ought to be pitched upon their horses with pitchforks & Bayonets And forced into the front of the battle & their property confiscated to the use of the army the andecdote spoken of above about the dutchman was told by Smith after s address and without any [p. [29]]
application of it by him & further the deponeth saith not
Morris Phelps
 
a witness produced sworn & examined in behalf the State <​deposeth &​> saith
that about last JuneI was invited to a private meeting in which an effort was made to adopt some plan to get rid of the dissenters, there were Some things I did not like and opposed it with others & it failed. After that I met & he told me I ought not to have any thing to do with it that they would do as they pleased, I took his advice, I learned afterwards that they had Secret meetings, but I was never invited none of the 1st Presidency was present at the meeting above refered to, we have a rule in the Church authorizing any member to consecrate or give voluntaryly his surplus property to the church for charitable purposes, last Summer preached a Sermon Commonly called the salt sermon, which seemed to have for its object to produce a feeling among the people to get rid of the dissenters for crimes alleged & because they disagreed with them, in a few days there seemed considerable excitement among the people, & the dissenters left. as I adresed them they were in danger, I was afterwards invited to one of those meetings where an oath in substance the same as testified to by was administered, the Society was ultimately organized into companies and captains of tens & 50s. were appointed. I took exceptions only as to the teachings as to the duties of that society wherein it was said if one brother got into any kind of a difficulty it was the duty of the rest to help him out right or wrong, at the second or at least the last meeting I attended the presidency to wit Jos. Smith Jr & & also was there, there was at this meeting a ceremony of introducing the Offices of the Society to the presidency, who pronounced blessings on each of them as introduced exhorting to faithfulness in their Calling & they should have blessings. after this Prest Smith got up & made general remarks about in substance as follows, relating the oppressions the society had suffered and they wanted to be prepared for further events but said he wished to do nothing unlawful & if the people would let him alone they would preach the gospel & live in peace, towards the close he observed to the people that they should obey the presi [p. [30]]
dency & If the Presidency led them astray they might destroy them, In the last or in some public meeting Jos. Smith Jr said if the people would let us alone we would preach the Gospel to them in peace but if they did Came on us to molest us we would establish our religion by the sword & that he would become to this generation a second Mahomet.
About April last I heard Joseph Smith Jr & (who appeared to be vexed on account of troubles & lawsuits they had had) say that they would suffer vexatious lawsuits no longer & that they would resist even an officer in the discharge of his duty, Smith said he had been before courts some 20 odd times they had never found any thing against him & that made him of age & he would submit to it no longer. I heard s 4th July speech I heard him say he would not suffer people to come into their Streets & abuse them, nor would they suffer vexatious law suits, In substance further remarked that “neither will we permit any man or set of men to institute vexatious lawsuits against us to cheat us out of our just rights If they do wo be unto them” this mormon church has been represented as being the little stone spoken of by Daniel which should roll on and crush all opposition to it and ultimately should be established as a temporal as well as a spiritual Kingdom, these things were to be carried on through the instrumentality of the Danite band as far as force was necessary. If necessary they being organized into bands of tens. 50s. &c ready for war the teachings of that society led them to prohibit the talkings of any persons against the presidency so much so that it was dangerous for any man to set up opposition to any thing that might be set on foot & I became afraid to speak my own mind. I objected to the course of in reference to this Danite band I rather thought Jos Smith Jur upheld him & would not allow any objections to him. After the return of the Mormons from I heard Jos. Smith Jr in presence of in a conversation say that an application had been made to the and that they understood that he would give them no assistance & they were determined to withstand the mob, they were greatly incensed against certain persons in & & said they intended to rid the counties of them & of the mob in the course of [p. [31]]
that week, this was on Sunday morning and in the course of that day instructions were given to meet the next day (monday) On Monday Jos Smith Jr made a speech and some resolutions were passed purporting that those persons who would not engage in their undertaking their property should be consecrated to the use of the church <​those who​> did engage in thees undertaking On sunday Jos. Smith Jr in his discourse spoke of persons taking at some times, what at other times it would be wrong to take, and gave as an example the case of David eating the shew bread & also of the [S]aviour & his apostles plucking the ears of corn and eating as they passed through the cornfield he suppose[d] the prejudices of the Jews and Pharisees were so great against the Saviour that they would give them nothing to eat & they took that method to get it, On the monday when the resolutions above refered to were introduced in a speech said that those who were <​un​>willing to go into the War ought to be put upon their horses with guns & bayonets and forced into the front of the war having reference to those who heretofore had been backward in defending themselves & families No persons were suffered to leave the in this extreme time and I met with Phelps to consult as <​to​> what we ought to do
After the troops got to in all about 4 or 500 men I heard addressing a portion of the men who were there (perhaps 8 or 10) “that the earth was the Lord's and the fulness thereof with the cattle upon a 1000 hills & if I was an hungry I would not tell you" that the Saints of the Lord had the same privilege or rights, after that perhaps the next day I saw a drove of some 4 or 5 Cattle pass along & asked what cattle these were & was answered that they were a drove of buffalo, others observed they were cattle a methodist priest had consecrated. Jos. Smith Jr Jos. W. Younger probably Jas W Rawlins were in the expedition that went to , at the time was burnt on the same day that the Company went to went with a Company to Mill Port as I understood he returned & made a report as I understood it to be to Jos Smith Jr in which he said he found nothing to fight [p. [32]]
but fences & empty houses I understood him to say the people had not taken away all their property Smith the Prophet here asked him if they had taken the negroes he said yes some one then Laughingly observed Smith You have lost your negro to which I think he made no reply
Jos Smith Jr asked if he had done any thing with the property remaining in Millport said not this would leave that matter for a private counsil.
told me he went down with the expedition with that fought and he remained behind 3/4 of a mile from the battel Ground to hold<​ing​> horses I feel confident that was not in the fight with , I think the original object of the Danite band was to operate on the dissenters but afterwards it grew into a system to carry out the design of the Presidency and if necessary to use physical force to upbuild the Kingdom of God it was to be done by them this is my Opinion as to their object and I learned it from various sources connected with that band, up It was my understanding that s teachings in the danite society proceeded from the Presidency. I never heard that Constitution spoken of by read in the society when I was present nor did I ever hear of it until lately & further this saith not
[1/2 page blank] [p. [33]]
James C Owens, a witness produced sworn and examined on behalf of the state, deposeth and saith: In the morning of the day that the militia arrived near
I heard Joseph Smith Jr in a speach to the mormon troops say, That he did not care any thing about the coming of the troops, nor about the laws, that he had tried to please them— If they lived together it wouldn't please them.— if they scattered it wouldn't please them & that he did not intend to try to keep the laws or to please them any longer. that they were an damned se[c]t, and God should damn them, so help him Jesus Christ.— That he meant to go on then as he had begun, and take his own course, and kill & destroy— and told the men to fight like angles [angels]. that heretofore he had told them to fight like devils, but now told them to fight like angles, that angles could whip devils.— I think in this speach it was that he said that what they lacked in number the Lord would make up by sending angles, and send two angles where they lacked one man. He swore considerably and observed that they might consider think that he was swearing, but that God Almighty would not take notice of him in cursing such a damned set as they were. He further stated that they pretended to come out as militia, but that they were all a damned set of mobs.— He stated at that or some other time that as they had commenced consecrating in county, that he intended to have the surrounding counties consecrated to him, that the time had come when the riches of the Gentiles should be consecrated to the saints— Of the prisoners While the last expedition was in progress in — A portion of the troops returned to , to whom & to the people assembled I understoon had read a letter from Jos Smith Jr— I asked him to read it to me, which he did, and it was as near as I can recollect as follows That the enemy was delivered into their hands, and that they need not [p. [34]]
[blank] [p. [34a]]
not fear, that this had been given to him by the spirit of prophesy in the name of Jesus Christ— appeared to rejoice at the information, and give into the thing— A few days before the Militia got to Jos Smith Jr observed that he didn't intend to obey they laws any longer, that he had had a great many law suits writs served on him, & that he was of age, and did not intend to have another served on him— And further this deponent saith not—
James C. Owens
 
Nathaniel Carr. a witness produced, sworn and examined in behalf of the state. deposeth and saith—
While the last expedition was going on in a portion of the troops returned to , and was paraded before s door— A letter was produced by him, recd. as he said from Jos Smith Jr & , and perhaps , and I think — the letter was read, which stated something like this that all things were going on well in that they had nothing <​to fear​>, and that the enemy was in their hands— I understood from what was said in the letter that they knew this from revelation. The letter was read to about 200 men most of them under arms— The appeared under military rule, picket guards were sent out morning & evening— this state of things was continued for three or four weeks & until the mormons surrendered their arms. When the forces that went out to attack were collecting about midnight, I heard them say that a mob was collecting near Fields who had taken some of the brethren prisoners, and that they were collecting a company to release them— And further this deponent saith not.
Nathaniel Carr [p. [35]]
<​a wit[ness]​> [produ]ced [s]worn and examined in behalf of the State, dep[os]eth and saith:
Some time in June last I attended two or three Danite meetings, and it was taught there as a part of the duty of the band, that they should support the presidency in all their designs right or rong; that whatever they said was to be obeyed, and whoever opposed the presidency in what they said, or desired done, should be expeled the , or have their lives taken. The three composing the presidency was at one of those meetings, and to satisfy the people, called on Jos. Smith Jr, who gave them a pledge that if they led them into a difficulty, he would give them his head for a foot-ball,— and that it was the will of God these things should be so.— The teacher, and active agent of the Society was , and his teachings were approved of by the presidency— further taught as a part of their obligation, that if any one betrayed the secret designs of the society, they should be killed and laid aside, and nothing said about it.— I heard 's sermon commonly called the salt sermon, and its purport and design was about as other witnesses have stated them, before me— When process was filed against Joseph Smith Jr and others in my office as clerk of circuit court, for trespass, Jos Smith <​Jr​> told me not to issue that writ, that he did not intend to submit to it; that it was a vexatious thing and I had a right to judge whether a suit was vextious or not; and that he would see me out in it; (who was not a defendant in that suit) also joined him in this promise <​If I would not issue the writ​> This was previous to the last term of the Circuit Court. —I considered myself not as a proper judge as to whether it was a vexatious suit or not. Jos. Smith Jr said it was a vexatious thing, and that he would not suffer it to be issued; and I felt myself intimidated and in danger if I issued it. Knowing the regulation of the Danite band,
On the monday prior to the last expedition I heard say that those who had heretofore been backward in taking up arms in defending themselves, ought <​to​> or should be put upon [p. [36]]
upon their horses with bayonets and pitch-forks and forced and Smith said forced into the front of the battle, and that the property of those who would not go into the war, should be consecrated to the use of those who did. Mr Smith said their beef, corn and potatoes they would take—
I went in the expedition to , in which was burnt, as I felt myself compelld to go from the regulations which had been made.
It was generally understood that every movement made in was under the direction & supervision of the first presidency, of whom Jos Smith Jr & were in .
The following of the Defts. were in that expedition to . viz: Jos Smith Jr, , , ,— John Buckhannon was not there, was there, was there, Elijah Newman was not there, was not there, Moses Clawson I think was there. was there, John S. Higby [Higbee] I think was there <​ & was there​>, was there. David Frampton was not there. Sheffield Daniels I think was not there. Danl Carn was there. James H Rawlings was there Maurice [Morris] Phelps, I think was there.
Of the troops at in this expedition I some were sent on one expedition, and some on another, but all were there mutually to aid and assist each other in all that they undertook or did on that occasion— When we first went to , I understood the object to be to drive out the mob, <​If any should be colected there​> but when we got there we found none. I then learned the object was, from those who were activley engaged in the matter, to drive out all the citizens of , and get possession of their property; It was understood that they burnt mormon houses, as well as the houses of the citizens, the burning of the mormon houses was to bring the mormons into as I understood it. It was said by some that the Mormons were burning their own houses, and by others that the mob were burning them. and so much was said about it, that I did not know when I got the truth— I heard one of the morm[o]n troo[ps] say that the missourians [p. [37]]
sourians at had taken the goods out of <​’​> the store, and piled them up. and set fire to the store house, and had gone off for waggons to haul off the goods, but that our waggons had got there first and had hauled them off.— I understood that the goods were deposited with the of the church at as consecrated property to the church. A great deal of other property was brought into the mormon camps, but know where it came from. but understood it to be consecrated property. It was frequently observed among the troops, that the time had come when the riches of the gentiles should be consecrated to the Saints.— From the time of the return of the troops from the town of was kept under military rule, troops paraded, and disciplined every day.
It was a generally prevailing understanding among the troops, and seemed to be so much so towards the last, that no other impressions prevailed, that they would oppose, either militia or mob, should they come out against them; for they considered them all mob at heart.— this was about the time the militia arrived there—
As to personally, I have thought him to be a good meaning man, but in connexion with others under the order of the Danite society, I thought I had as much to fear from him as from others. As to the constitution testifed of, by I never heard of it until he disclosed it when he was taken prisoner— I did not attend the first meeting in which the Danite band was formed. I did not see in the last expedition to have arms upon his person, but he constituted one of the counsellors of Jos Smith Jr & it was not usual for any of the presidency, composed of Prest. Smith & his counsellors, to take arms & go into the ranks.
When I arrived at , I staid the first night at 's house & informed that was coming out, with the militia answered that he did not wish to come out, & sent an express to him not to come, he remarked that they could settle the difficulties themselves. And further this saith not
. [p. [38]]
a witness, produced, sworn, and examined on behalf of the State, deposeth and saith
A short time after & the Whitmers left (sometime in June) and invited me to a Danite meeting. I went, & the only speaker was who explained the object of the meeting, and said that its object was, that they <​we​> might be perfectly organized, to defend ourselves them<​our​>selves against mobs, that we were to all to be governed by the Presidency, and do whatever they required, and uphold them: that we were not to judge for ourselves whether it were right or rong. that God had raised us up a Prophet who would judge for us, and that it was proper we should stand by each other in all cases. and he gave us an example:— if we found one of the Danites in a difficulty, in or for instance, we should rescue him, if we had to do with his adversary, as Moses did with the Egyptian— put him in the sand; It made no difference whether the danite was to blame or not, they would pack to , and there be taken care of— The question was asked, whether it would extend to a legal process.— answered not. The Danite oath was administered to about 30. or 40; <​persons​> at this meeting— told me who the head officers of the Danite meeting band were: that was Colonel, that he was Lieut Colonel, and Major, and that I was chosen Adjutant. After that I had a talk with & together, in which I was informed who the officers were as above, and further, that was Captain General of the band, Maj Genl. and Brig Generl. this is as I now recollect it. in speaking to the society, remarked that it would be impossible for the presidency to explain the object of the society, to every member, but that the presidency would explain their views or wishes, to the head officers, and they to the members of the society— I was present at one meeting where the officers of the society were [p. [39]]
presented & introduced to the presidency, each officer receiving a blessing from them— stated that he had procured the Presidency to come there, to show the Society, that what he was doing was according to their direction or will— And while there the presidency approved of s course in the society. however did not explain to the presidency what his teachings had been in the society—
I heard , on one occassion say that the Danites were to consecrate their surplus property, and to come in by tens to do so. and if they lied about it,— he said Peter killed Ananias and Saphira, and that would be an example for us—
When appointed adjutant of the Danite band, as refered to above, I did not think proper to object openly, tho' I determined within myself not to act, & the lists, and other papers brought to me for recording, I threw aside & made no record of—
On the day before the last expedition to I heard Joseph Smith Jr, in a speach say, in refference to stealing, that in a general way he did not approve of it, but that on one occasion, our saviour and his disciples, stole corn in passing through the corn fields for the reason that they could not otherwise procure any thing to eat. He told an anecdote of a Dutchman’s potatoes, and said in substance that a Colonel or Captain was quartered near a dutchman from whom he wished to purchase some potatoes, who refused to sell them, the officer then charged his men not to be caught stealing the Dutchman's potatoes, but next morning he found his potatoes all dug— I think this was in refference to the expedition to , and that they had been compeled to go out there so often, that the people there ought to bear the expense.
Such men as would oppose things undertaken as being unlawful, & such as they feared was a violation of the law. I have heard Smith & in their publick addresses denominate “O dont men” these I understood to be those <​who were​> denominated also dissenters; and in refference to such <​men​> who were hanging [p. [40]]
hanging back, & did not wish to engage in their expeditions, they were called traitors, and refering to such, as I understood, proposed that blood should first begin to flow in the streets if of — but his proposition did not carry The proposition was then made, and carried unamimously that those who thus hung back, should be pitched upon <​there their​> horses with and made to go, and placed in front of the battle army. All the above occured in , the day before the last expedition to — The following of the Defendents were in the last expedition to . JosSmith Jr, , . , <​I am certain​> was not there, , & were there, John Buckhannon was not there, , , & were out, was not there out, was there, was there, John S. Higby [Higbee] I think, James M Henderson was there, was there, I think was there, Geo. Kimble was there, Jas M <​Jos W​> Younger was there. James N Rawlins & Maurice [Morris] Phelps I think were there. When the troops arrived at they were divided into companies of 20, 40, 50 &c just as they might be called for, those companies were sent out in different parts of the , as I saw them <​thus​> occasionally going out & comeing in. I saw a company about 50 called a fur company come once some had one thing, <​&​> some another, one I saw with a feather bed, another had some spun yarn— I understood from some of those who were bringing property, that they were to take it, to the Bishops store & deposit it, and if they failed to do so, it would be considered stealing.
— As the property was brought in there was a general shout of hurrah, and waving of hats by those in camps— I heard , one of the troops, tell in camps, that the mob had burned the store-house in but that the Mormons had [p. [41]]
hauled off the goods. And also that the mob were burning some Mormon houses. I looked at him as though I did not believe it, and he stooped down to me, being on his horse, and whispered to me, that it was who had gone with 20 men to the grindstone fork who was burning those houses. The goods taken in was generally understood in Camps, to have been deposited with the as consecrated property— When the Companies would return from their expeditions, they would make their report to the presidency who were there— As this company, above refered to as the fur Company, passed with their plunder, I heard Mahlon Johnson, who lived in the lower part of , ask Joseph Smith Jr, if these preceedings would not endanger the families living in that lower part of <​and excite the people to come on them​>, and Smith asked him, what he was talking about, that this was the first step they had ever taken to quell the mob.
I heard Perry Keyes <​Kiso​>, one who was engaged in the depredations in , say, that Joseph Smith Jr. remarked in his presence, that it was his intention, after they got through in , to go down and take the store in Carrolton; this remark Smith made while in <​​>— After the Mormon troops returned to from , I saw several of the captains of tens, who had been in that expedition, makeing out a list of their men, for the purpose, as they said, of being handed in that they might receive their portion of the spoils.—
— I heard say that he was in the expedition against .
Several days before the Militia came to I learned through of , that they were raising the Militia, On Monday before the militia arrived I went out towards , to see if I could meet them. I met a young man who informed me that was on with the militia. I returned to and informed Mr [p. [42]]
& Smith Jos Smith Jr, as well as giving general information of the fact. I proposed to Mr Smith to go next morning and try to find them, to which he assented, I was disappointed in my effort & returned late in the evening to , Just as I arrived I saw the militia & I went down to them with a flag. I met with who recd. me, & told me there were about 1300 in number & that they were militia. On my return to I met with Jos Smith Jr, & informed him, that the troops were milita under 's command. (as I then supposed was the case) Mr Smith asked me their number & when I told him, he replied— keep up good courage we can whip that number if they make an attack upon us. Some other person came up at the time and enquired of me their number, and Mr Smith answered that Mr Phelps, who was a judge of numbers having seen troops before, said that there were about 250, as he would suppose. then whispered to me not to tell the men their number of the militia, that it would frighten them or damp their courage And further this deponent saith not.
At this Stage of the examination of the following named defendants vis. Ebeny Brown William Whitman and were brought to the bar of the Court and put upon their trial for the offences alledged against the other defendts. and time being allowed them to employ Counsel they retired and again returned to the bar appearing by their Counsel Messr. & the examination of was then continued. deposeth and further Saith that
was in the last expedition to and was Captain of a Company of 50 which I have spoke of as called the Fur Company. He went under the fictitious name of , when the men were paraded, they were called out as all belonging to s company my impression is that was not in that expedition, but he was captain of 12 men [p. [43]]
in under the Danite order as I understand as he was neither an Officer or private of Militia and was known and called under the fictitious name of and his Company was called the regulators, I saw William Whitman in the Expedition to and Seemed to be one of the troops engaged with others, some time previous to the difficulties in , the first time when the militia went out there for the purpose of keeping the peace, I heard Jo. smith Jr in a public address say that he had a reverance for the Constitution of the and of this but as for the laws of this he does not intend to regard them nor care any thing about them, as they were made by lawyers and blacklegs the above things were said some time in last July or August. On the eve of the last expedition to I heard Joseph Smith Jr. say that they meaning the heads of the church had appealed to the for protection and he had sent us back word that we must fight our own battles, he futher stated that the law was unequally administered, all against us and none for us and spoke of the prosecutions set on foot in as an instance and He then said we must take our own cause in our own hands and defend ourselves — that he did not calculate to regard the laws any longer, I think it was in the last of June or first of July last that I heard say that he had just returned from a council with the presidency in which council was broken of his Office of Capt Genl. of the Danite band for having spoken against one of the presidency, it being a regulation of that society that no one should speak against them— or hear any one else do it with impunity In that council said an arrangement was made to dispose of the dissenters vizt. that all the head offices of the Danite band should have a list of the dissenters both here and in and said he I will tell you how I will do with them when I meet one damning the presidency I can damn them as well as he, and if he wanted to drink he would get a bowl of brandy & get them half drunk and taking him by the arm he would take him to the woods or brush and said "he (would) be into their guts in a minute and put them under the sod" he gave this 'as" an example of the way they should be deposed of, the only motives for getting rid of the dissenters in this way as far as I ever learned was that if they remained among the Mormons they would introduce a class there that would utlimately endanger their lives & destroy the church and if they were suffered to go out from among them they would be telling lies on them in the surrounding country, these reasons I gathered from s "Salt Sermon" and said in the same Sermon that he would assist to erect a gallows on the Square and hang them all, Jos Smith Jr [p. [44]]
was present and followed after he had made the above declaration and said he did not wish to do any thing unlawful, he then spoke of the fate of Judas & said that Peter had hung him (Judas) & said that he approved of s sermon & called it a good sermon and further this saith not
 
James C Owens a witness who was produced on a former day and testified being called back to the bar again further deposeth and saith, He does not think William Whitman was in the last expedition to ,
I think he was left at as Captain of the town guard though he may have been in for aughts I Know and further this deponent saith not
James C Owens
 
William Splawn a witness produced sworn and examined on behalf the state deposeth and saith
I was at Eli Bagleys in county when an armed company of men about 10 or 12 in number James H Rawlins and Jesse D Hunter two of the defendants were of the Company Came to Bagleys they enquired who I was and if I was a mob Character and learning I was not they let me along they enquired for and said they heard he was a mob character and had gone for men to fight them and if they got their eyes on him they would take his life & that he had better keep out of the way to be positive that Hunter was of the company I will not but I have little or no doubt of it from his appearance this was on saturday after I learned that was burned the thursday before And during the time the mormon troops were in county And further this deponent saith not
William Splawn —
 
Thomas M Odell a witness produced sworn and examined on behalf the state deposeth And Saith,
that on the Saturday after was burnt an armed Company of 12 men rode up to s house in county where I resided, they enquired for I told them where he had gone, they said their Object was to drive the mob from the and said that I must go, I replied I could not, that I had no way to get off and that my family was bare footed they replied that made no difference I must go, and said If I was not gone by next morning by sun rise they would take my life, they told Mrs [Flora Storm] Raglin she must put out, that there she could not stay and that had better never shew him self there that they would take his life if ever they set their eyes on him next [p. [45]]
morning by the assistance of friends we did start leaving most of our property there, Since then I have returned and found the houses burnt & the property gone consisting of hous hold plunder and 29 bee gums they enquired for Guns and got down one and took it away from the house belonging to one Josiah Littlefield they further said that they had been driven as long as they were a going to, that they had got strong enough now to defend themselves that they intended to do it by the Sword that they run at the defiance of any set of men who could come against them & that they now intended to make it a war of extermination, the following of the defendants were in the above Company vizt. James H Rawlins Jesse D Hunter & I think from his appearance Maurice [Morris] Phelps was there but may be mistaken, Hunter appeared to be Captain or Commander of the Company as he did the most of the talking, but most all of them had something to say and further this deponent saith not
X <​his mark​> Thos M Odle
 
a witness produced sworn and examined on behalf the State deposeth and saith
I was in when the Mormons made An attack on it which took place on <​one​> thursday in October all the persons that were there left the And the Mormons as I believe them to be to the number of about 150 or 200 all armed took possesion of the and the store And other houses were burnt as I learned that evening and futher this deponent saith not
X <​his mark​>
 
Allen Rathburn a witness produced sworn and examined on behalf of the State deposeth And saith,
On the day before the battle with I was in and early in the morning Daniel Carn One of the defendants here asked me to help him to grease his Waggon I did so and asked him where he was going he said he was going out to s in county that there were about 40 bee Stands there they were going for. directly after wards I was down at s store in there was a company of 10 or 12 men with 2 or 3 waggons I heard ask for brimstone some of the Company said they <​had​> 2 pounds answered that would do, Mr [Jesse D.] Hunter one of the defendants here, gave the word of command and they marched off Mr Daniel Carn with his Waggon with them late that evening I saw Danl Carn with his Waggon at his grocery door in far west I saw Carn and unloading it the Waggon was loaded with one bee gum and household plunder consisting of beds or bed cloaths Kinder tied up also there were onions in the waggon Mr Carn's that evening remarked that there would be in that night [p. [46]]
a considerable number of Sheep and Cattle, he further Said that it looked to him sometimes that it was not right to take plunder but that it was according to Jos Smith Jr directions And that was the reason why he did it, the next morning I saw a considerable number of sheep on the square in near about 100. I then left and returned home in the east part of having been summoned to by my Militia captain but performed no military duty while there And further this deponent saith not
Allen Rathburn
Jeremiah Myers a witness produced sworn and examined deposeth and saith
I was in the last expedition to being summoned from an home in the east part of by my militia officer to go to where I was told we had to march to and did so. I think it was the third day after our arrival at that s company of about 100 men started out and not until we got near to did I learn where they were going I was then told there was a mob at And that we were going to disperse them when within about 1/2 mile of we formed and rushed into in a hurrah I only saw 2 men who were running Others said there were about 15 we gathered up around the store and some went in hallowing bring them out here supposing there were men in the house about this time myself and another man returned to camp at that evening I saw Store goods at the Bishop's Store and was informed by Mahlon Johnson One of the Company to that the goods taken from the Store in were the goods I saw deposited in the bishops store, they were Called and Considered Consecrated (goods) or property and that they were to be dealt out by the bishop to those that stood in need, I saw parties coming <​in​> and going <​out​> while in Camp but I saw no property Come into our Camp but I saw a pen of cattle which was Called Buffalo the following of the defendants were in the last expedition to , Jos Smith Jr, who resides in , Washington Voorhees [George Voorhease] I never saw in Command during this Expedition My camp was half a mile from 's And I staid pretty constantly about my own camp I do not recollect that I was in any other expedition than the one to Ebenezer Page [p. [47]]
was in the last expedition to , was there Danl Carn was there James W Rawlins was there Maurice [Morris] Phelps I think was there there was some property brought into by the Mormons as their own this was not deposited with the but they took it themselves And further this deponent saith not
Jeremiah Myers
[remainder of page blank] [p. [48]]
[blank] [p. [48a]]
a witness on the part of the state produced sworn and examined, deposeth and saith,
That as Early as April last at a meeting in of 8 or 12 persons, arose & made an address to them in which he spoke of having borne persecutions & Law suits and other privations & did not intend to bear them any longer, that they meant to resist the law and if a sheriff Came after them with writs they would kill him, & if any body opposed them they would take off their heads, who was present observed you mean the head of their influenced I suppose answered he meant that lump of flesh and bones called the skull or scalp— Jo Smith Jr followed approving his sentiments and said that was what they intended to do both in their remarks observed that they meant to have the words of the Presidency to be as good and as undisputed as the word of God. And that no one should speak against what they said. was not in at this time and think he was not in the Country. Some time in June steps were taken to get myself and others out of the county of , and efforts were made to get the Post office from me, being P. M., by a demand for it, I explained the law which seemed satisfactory & it was given up. I then informed the 2d. Presidency of the church by letter, that I was willing to do anything that was right and if I had wronged any man I would make satisfaction. I was then notified to attend a meeting. in an address again brought up the subject of the P. office. I told them if public opinion said I should give it up I would do so but they have to await the decision of the P. M. G. which they agreed to do, with the unde[r] [p. [49]]
standing that a committee of three should inspect the letters written & sent by me as well as those received by me— this committee however never made their appearance— after my case was disposed of another man's was taken up. he attempted to speak in his defenced & said he was a Republican, several rushed up towards him and stopt him, telling him if he had anything to say in favor of the Presidency he might say it, and that was their republicanism— J. Smith Jr & who compose the presidency were there. It was observed in the meeting that if any person spoke against the presidency they would hand him over in to the hands of the brother of Gideon. I knew not at the time who or what it meant
Shortly after that I was at another meating where they were trying several, the first presidency being present. was chief spokes man— The object of the meeting seemed to be to make persons confess and repent of their sins to God and the Presidency and arraigned them forgiving false accounts of their money and effects they had on hand and they said of whenever they found one guilty of these doings they were to be handed over to the brother of Gideon Several were found guilty and handed over as they said— I yet did not know what was meant by this Expression 'the brother of Gideon'— Not a great while after this secret & private meetings were held I endevored to find out that they were and I learned from and others they were forming a secret society called Danites formerly called the brother of Gideon. In the meeting above refered to in which I was present one man arose to defend himself [p. [50]]
and he was ordered to leave the house, but commenced to speak, then said "Where are my ten men" 30 or more men arose up where upon the man said he would leave the house. At this meeting I agreed to conform to the order of the church in all things knowing I had a good deal of property in the and if I went off I should to leave it. For some time before and after this meeting an armed guard was kept in town and one of them at my house, during the night as I supposed to watch my person In the for part of July— I being one of the Justices of the County Court was forbid by Joseph Smith jr from issuing any process against him I learned from the Clerk of the Circuit Court that declaration had been filed against Smith & others by Johnson and in referance to that Case, Smith told the Clerk that he should not issue a writ against him— I observed to Mr.Smith that there was a legal objection to issuing it that the Cost, meaning the Clerks fee had not been paid— Smith replied he did not care for that— he did not intend to have any writ issued against him in the — These things together with many other alarmed me for the situation of our , and at our next Circuit Court I mentioned these things to the Judge & several members of the bar—
A few days before the 4th day of July last I heard known by the fictitious name of say that was writing a declaration to declare the church independent. I remarked to him— I thought such a thing treasonable to set up a government with in a government— he answered it would not be treasonable if they could maintain it— [p. [51]]
or fight till they died. and some other made about the same remark— 's 4th of July oration was the declaration refered to. Along through the summer & fall, a storm appeared to be gathering and from time to time I went out into & counties— saw and conversed with many gentleman on the subject who always assured me that they would use every exertion that the law should be enforced, and I repeatedly made these things known in & that there was no disposition among the people to raise mobs against them from these counties.
I never <​was​> invited, nor did I attend any of their secret meetings. I was at the meeting the Monday before the last Expedition to — having learned that steps would be taken then which might effect me. At this meeting the Presidency together with many others were there to the number of perhaps 200 or 300 or more.
Joseph Smith Jr I think it was who addressed the meeting and said in substance— that they was then about to go war in that those persons who had not turned out, their property should be taken to maintain the war— this was by way of formal resolution and was not objected to by any present. A motion was then made by that the blood of those who were thus backward should first be spilt in the streets of . A few said amen to this,— but immediately Mr Jo Smith Jr. before s motion was put. rose and moved that they be taken out into & if they came to battle they should be put on their horses with bayonets & pitchforks and put in front— this passed without a dissenting voice— There was a short made then by Jo Smith Jr. about carrying [p. [52]]
on the war in which he said it was necessary to have something to live on, and when they went out to war it was necessary to take spoils to live on. This was in reference to the dissenters as well as to the people of where they going in this speach he told the ancedote of the Dutchmans potatoes. Finding I should have to go and not wishing to be put in front of the battle I sought a situation and went out with my waggon. This was the Expedition in which and Millport were bur[n]t. I went on to a few days after the Mormon troops had gone out. I went to the tavern late at Night where I found J. Smith Jr. & others. I informed J. Smith that the troops had returned home some 40 or 50 in number, but told him that was in and his troops just behind.
There was a conversation among them as to what they would and they came to the conclusion to send down to at his house for him to send an express to that his troops were not needed. Some time before day I awoke and found <​& ​> in the house— he said he had sent the Express to informing him that his Militia was not needed— asked J. Smith twice if he had come to the point now to resist the law. that he wanted that matter now distinctly understood— he said he had succeeded in smoothing the matter over with when he was out, and that he defied the U. S. to take him, but that he had submitted to be taken, because he Smith had done so— This was in reference to the examination for the offence for which he and Smith had been brought before in . Smith replied the time had come when he should resist all law— [p. [53]]
In the fore part of the night after my arrival I heard a good deal of converstion about driving out the mob from . I heard J. Smith remark there was a store at & a Grocery at Millport And in the morning and in the morning after the Conversation between Smith and about resisting the law, a plan of operations was agreed on which was that who was present should take a company of 100 men or more and go to and take it that day— to take the goods out of the store at bring them to and burn the store— was to take a company and go to Millport on the same day, and was to take a company and go to the grind stone fork on the same day. This arrangement was made in the house before day while I was lying on the floor. When I arose in the morning some of the companies were gone. But I saw parade a horse company— and start off with it towards Millport— I I also a foot company the same day go off
On the same day in the evening I saw both these Companies return. The foot company had some plunder which appeared to be beds and bed clothes &c. They passed on towards the Bishops store. but I know not <​what​> they did with the plunder. I remained in the Camps one day and two nights at when I returned to . The night before I started to an Express arrived was sent from Joseph Smith and to at but what was in the contents of the Express I know not. When I returned to I had a message in refernce to having wood & provisions provided for the families of those persons living in who were in [p. [54]]
And for the purpose of giving that information I was invited to a school house where it was said the people had assembled. I went there and was admitted. The men being paraded before the door when I arrived in number about 40 or 50— It was remarked that these were tried men and we all marched into the house— A guard was placed around the house and one at the door then commanded<​commenced​> making Covenants with uplifted hands— the first was that if any man attempted to move out of the or pack their things for that purpose that any man then in the house, seeing this seeing this without without saying anything to any other person, should kill him and haul him aside into the brush, and that all the burial he should have should be in a turkey-buzzards guts— so that nothing should be left of him but his bones.
That measure was carried in form of a covenant with uplifted hands— after the vote had passed he said now see if any one dare vote against it, and called for the negative vote & there was none. The next Covenant that if any persons from the surrounding Counties Came into their town walking about no odds who he might be, Any one of that meeting should kill him and throw him aside into the brush. this passed in manner as the above had passed
The third Covenant was conceal all these things. then observed that the kingdom of Heaven had no secrets— that yesterday a man had slipt his wind, and was drag[g]ed into the hazel brush, and said he— "the man who that lisps it shall die." There was several companies organised at this meeting, and volunteers called for, and I having assigned to me the Command of the express Company Called for volunteers wanting to be doing something to make a show. a Deft. [p. [55]]
was in that meeting, and was appointed by Capt. of a Company, whose duty it was to watch the movements of the enemy, or mob in Buncombe, and if they bur[n]t one house in his company was to burn four of theirs, and men was selected who were strangers in the Community where they were to act towards the latter part of the instructions to 's company, observed that if the inhabitants in the surrounding Country Commenced burning houses in , if they Could not get clear of them in any other way they would poison them off. This last remark, I did not understanding as being particularly addressed to as a part of the duties of his Company, but seemed addressed to the meeting generally
This meeting was on Saturday, and on the next Monday I returned to , with 7 or 8 waggons, 3 or 4 of which was moving some families, tho <​I​> been directed to take to for use there.
I arrived at that evening and next morning 4 of the waggons were loaded and sent back to . Joseph Smith jr and perhaps informed me they wanted 4 waggons a part of which was to haul beef and pork to We and what the balance of the balance of the loading was I did not know, but these waggons brought out by me, were pointed out, and taken back to . I remained in the Camps at that day— My waggon and another went down to Millport and brought up Slades goods which were there. Slade is not a Mormon, but has three brothers residing in or about who are Mormons.
The following of the defendants were in the last [p. [56]]
Expedition to — Joseph Smith Jr. , , , , , Elijah Newman was one of my men. was not there, was there, , was there, was there, James H. Rawlins was there, Sheffield Daniels I think was not there. was there, and he was Called — While in I saw with a Clock under his arm which I afterwards saw in , and which was claimed by a Mr. Mc.Laney of as his property after the arrival of at . And further this saith not.
[p. [57]]
[blank] [p. [57a]]

Footnotes

  1. 1

    TEXT: Page was torn and subsequently repaired using adhesive tape, rendering this word illegible.  

  2. 2

    TEXT: Page was torn and subsequently repaired using adhesive tape, rendering this word illegible.  

  3. 3

    TEXT: “char[page torn]ed”.  

  4. 4

    TEXT: “tim[page torn]s”.  

  5. 5

    TEXT: “thes[page torn]”.  

  6. 6

    TEXT: “thre[page torn]”.  

  7. 7

    TEXT: “Gener[page torn]”.  

  8. 8

    TEXT: “behaviou[page torn]”.  

  9. 9

    TEXT: “officer[page torn]”.  

  10. 10

    TEXT: “la[page torn]”.  

  11. 11

    TEXT: “wit[page torn]”.  

  12. 12

    TEXT: “[page torn]ced”.  

  13. 13

    TEXT: “[page torn]worn”.  

  14. 14

    TEXT: “dep[page torn]eth”.  

  15. 15

    TEXT: “D[page torn]mick”.  

  16. 16

    TEXT: “morm[page torn]n”.  

  17. 17

    TEXT: “troo[page torn]”.