Transcript of Proceedings, circa 18 September 1838 [State of Missouri v. JS et al. for Riot]
Transcript of Proceedings, , MO, ca. 18 Sept. 1838, State of MO v. JS et al. for Riot (Daviess Co., MO, Justice of the Peace Court 1838). Published [ca. Apr. 1841] in Document Containing the Correspondence, Orders, &c., in Relation to the Disturbances with the Mormons; and the Evidence Given before the Hon. Austin A. King, Judge of the Fifth Judicial Circuit of the State of Missouri, at the Court-House in Richmond, in a Criminal Court of Inquiry, Begun November 12, 1838, on the Trial of Joseph Smith, Jr., and Others, for High Treason and Other Crimes against the State. Fayette, MO: Boon’s Lick Democrat, 1841; 159–163.
pel him to do so; that he was at their service, they could sacrifice him, or do as they thought proper, but he would sign no such obligation; that they had him surrounded with an armed force, and he was destitute of arms. At that time Mr. Smith, , and he thinks , put their hands to their swords, and said, could have their swords. He replied he had no use for them, that they could keep them. They still urged him to sign their obligation. He still refused, and called on them as christians, and said if they were the latter day saints they must be christians, and said their making of him an unjust request, and that they were not bound in any manner to interrupt the citizens of , and requested a list of all their names. They then said they were willing for to draw an instrument of his own, and they would then come into an obligation with him, and seeing the situation of his family, told them he would give them an obligation under his hand, if it would of any satisfaction to them, and told them he would give them a certificate to about the following effect:
“I, a justice of the peace, within and for , do hereby certify that I will support the constitution of this , and of the , and will support no mob, that I am not attached to any mob, and will not attach myself to any such people.” Some of the company seemed to think it was sufficient, but it was objected to by others, and said, if it would be more satisfactory, he would add another sentence to it, as follows: “That I will not molest the people called Mormons, and they will not molest me” or, “if they will not molest me.” He signed, and handed it to them and they appeared to be satisfied with it; they then said, speaking: Now we are going down to see the Col. of your , and , and will soon settle the business with them, and said a common excuse would not let them off, they must make some great acknowledgment for their threats, and if they did not, they would take their lives or shoot them down, or could shoot them down. said he could shoot a man who would not sign that obligation, or that would oppose him, or be in a mob against him, and drink his heart’s blood. said to , you must be of a savage nature; and he replied he was, that he was an old Virginian, that it was his disposition and he could not help it. then asked Mr. Smith, if he protected in his savage disposition, or if he possessed such a heart? he replied no. When they were at his house the second time they repeated that they would go through the , and compel every officer, civil and military, to sign a similar paper, or that they should sign that paper.
Questioned by , one of the defendants. Do you recollect seeing me at your house that day, or at any other time?
Answer. I do not.
Question, by same. Do you recollect ever to have seen me on the north side of the ?