Docket Entry, 1–circa 6 July 1843 [Extradition of JS for Treason]

  • Source Note
  • Historical Introduction
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it, & was on his way going to , to get the children if he could find them, He said the woman thus murdered was his sister or his wifes sister I am not possitive which. The man was in great agitation. What success he had I know not.
The trial at last ended & , Joseph Smith, Senior , , , & myself were sent to in village of Clay , Clay county Missouri.
We were kept there from three to four months; after which time we were brought out, on , before one of the judges During the hearing under the habeas corpus, I had, for the first time, an opportunity of hearing the evidence, as it was all written & read before the court.
It appeared from the evidence, that they attempted to prove us guilty of treason in consequence of the militia of , being under arms at the time, that ’ army came to . This calling out of the militia, was what they founded the charge of treason upon an account of which I have given above. The charge of murder was founded on the fact, that a man of their number, they said, had been killed in the Bogard battle.
The other charges was founded on things, which took place in . As I was not in at that time, I cannot testify any thing about them.
A few words about this Written testimony.
I do not now recollect of one single point, about which testimony was given, with which I was acquainted, but was misrepresented, nor one solitary witness whose testimony was there written, that did not swear falsely; & in many instances I cannot see how it could avoid, being intentional, on the part of those who testified— for all of them did swear things that I am satisfied they knew, to be false at the time— & it would be hard to persuade me to the contrary.
There were things there said, so utterly without foundation in truth— so much so— that the persons swearing, have known it, The best construction I can ever put on it, is, that they swore things to be true which they did not know to be so, & this, to me, is wilful perjury.
This trial lasted for a long time, the result of which was, that I was ordered to be discharged from prison, & the rest remanded back, but I was told by those who professed to be my friends, that it would not do for me to to go out of jail at that time, as the mob were watching & would most certainly take my life— & when I got out, that I must leave the for [p. 148]
it, & was on his way going to , to get the children if he could find them, He said the woman thus murdered was his sister or his wifes sister I am not possitive which. The man was in great agitation. What success he had I know not.
The trial at last ended & , Joseph Smith, Senior , , , & myself were sent to in village of , Clay county Missouri.
We were kept there from three to four months; after which time we were brought out, on , before one of the judges During the hearing under the habeas corpus, I had, for the first time, an opportunity of hearing the evidence, as it was all written & read before the court.
It appeared from the evidence, that they attempted to prove us guilty of treason in consequence of the militia of , being under arms at the time, that ’ army came to . This calling out of the militia, was what they founded the charge of treason upon an account of which I have given above. The charge of murder was founded on the fact, that a man of their number, they said, had been killed in the Bogard battle.
The other charges was founded on things, which took place in . As I was not in at that time, I cannot testify any thing about them.
A few words about this Written testimony.
I do not now recollect of one single point, about which testimony was given, with which I was acquainted, but was misrepresented, nor one solitary witness whose testimony was there written, that did not swear falsely; & in many instances I cannot see how it could avoid, being intentional, on the part of those who testified— for all of them did swear things that I am satisfied they knew, to be false at the time— & it would be hard to persuade me to the contrary.
There were things there said, so utterly without foundation in truth— so much so— that the persons swearing, have known it, The best construction I can ever put on it, is, that they swore things to be true which they did not know to be so, & this, to me, is wilful perjury.
This trial lasted for a long time, the result of which was, that I was ordered to be discharged from prison, & the rest remanded back, but I was told by those who professed to be my friends, that it would not do for me to to go out of jail at that time, as the mob were watching & would most certainly take my life— & when I got out, that I must leave the for [p. 148]
Page 148