Lyman Wight, Testimony, 1 July 1843 [Extradition of JS for Treason]

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  • Historical Introduction

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State of city of )
July 1st 1843)
This day came before the Municipal <​court​> and after being duly sworn in behalf of Jos. smith Sen. in a suit brought against sd Smith by the State of for having fled from Justice of the said for crimes of Treason, Murder &c <​said to have been committed in the year 1838​> Deposeth and saith that he
<​ sworn, says <​saith​> that he​> has been acquainted with Joseph Smith sen, for the last Twelve years, and the further saith that he removed To the state of in the year 1831 when the church of Jesus Christ of latter day saints was organized agreeably to the law of the land no particular difficulty took place <​un​>till after some hundreds had assembled in that land who believed in the Book of Mormon and revelations of <​which were given through​> s.d [said]Joseph Smith <​Senr​> after nearly Two years <​of peace​> had elapsed a strong prejudice amongst the various sects arose declaring that Joseph Smith was a false prophet— and ougt to die and he <​I​> heard hundreds say they <​had​> never <​known​> had heard the man but if they could come across him they would kill him as soon as they would a rattlesnake frequently heard them say those who believed in the doctrine he promulgated that if they did not renounce it they would exterminate [p. 1] or drive them from the county in which they lived
On enquiry of them if they had any prejudices against us they said no but Joe Smith ought to die and if he ever comes To this country we will kill him G——d d——n him matters went on thus untill some time in the summer of 1833 when mobs assembled in considerable bodies frequently visiting private houses threatening them with death & destruction instantly if they did not renounce Joe smith as a prophet and the book of <​mormon​> as a Fable. Some Time towards the last of the summer of 1833 they commenced their operations of Mobocracy <​on account of their of​> <​their prejudices against Joseph Smith <​Senr​> as I believe​> first by mating in gangs of from 30 To 60 by visiting the house of George Bebee calling him out of his house at the hour of midnight with many guns and pistols presented at his breast beating him most inhumanly with clubs and whips and same night or the night afterwards this gang unroofed 13 houses in what was called the Whitmer Branch of the Church in these scenes of Mobocracy continued To exist with unabated fury mobs went from house <​To house​> Thrusting poles & rails in at the windows and doors of the houses of the saints Tearing down a number of houses Turning hogs horses &C into cornfields [p. 2] burning fences &C Some time in the month of Oct. they broke into the store house of S. Gilbert and Co. and the <​I​> further saith he marched up with 30 or 40 men To witness the scene <​&​> found a man by the name of Brickbatting the store door with all fury the silks calicoes and other fine goods entwined about his feet reaching within the door of the store house was arrested and Taken before by 7 Testimonies and then acquitted without delay— the next day the witnesses were taken before the same man for false imprisonment and by the Testimony of this one were found Guilty of false imprisonment and committed To Jail this so exasperated the <​my​> feelings of that he <​I​> went with 200 men To enquire into the affair when he <​I​> was promptly met by the of the Militia who stated to him <​me​> that the whole had been a religious farce and had grown out of a prejudice they had imbibed against s.d Joseph Smith a man with whom they were not acquainted the <​I​> here agreed that the church would give up their arms provided the said would Take the arms from the mob To this the cheerfully agreed and pledged his honour with that [p. 3] <​of​> the , Owens [Samuel C. Owens], & others this Treaty entered into we returned To our homes resting assured on their honour that we would not be farther molested <​But​> The further saith that this solemn contract was violated in every sense of the word the arms of the mob were not Taken away and the saith that the majority of the majo <​militia​> To his <​my​> certain knowledge were engaged the next day with the mob ( & not excepted) going from house To house in gangs of 60 To 70 in number Threatning the lives of women and children if they did not leave forth with in this diabolical scene men were chased from their houses and homes without any preparation for himself <​thimselves​> or family <​families​> himself <​I​> was chased by one of these gangs across an open prairie 5 miles without being overtaken, <​&​> lay 3 weeks in the woods, <​was​> 3 days & 3 nights without eating food in the mean <​time my​> his wife and 3 small children in a skiff passed down Big blue river A distanc of <​fourteen​> miles and crossed over the & there borrowed a rag carpet of one of her friends [p. 4] and made a Tent of the same which was the only shield from the inclemencies of the weather during the 3 weeks <​of his <​my​> expulsion from home​> I was hid having found his <​my​> family in this situation and making some enquiry he <​I​> was informed he <​I​> had been hunted Throughout and counties and also the indian Territory Having made the enquiry of his <​My​> family why it was they had so much against him <​Me​> They <​The​> answered was “He believes in Joe smith and the book of Mormon G——d d——n him and we believe Joe Smith To be a damned rascal” here on the bank of the were eight families exiled from a plenteous homes without one particle of provision or any <​other​> means under the heavens to get any only by hunting in the forest <​I​> here built a camp 12 feet square against a sycamore log in which his <​my​> wife bore him <​me​> a fine son on the 27th of Dec.. the camp having neither chimney nor floor nor covering sufficient To shield Them from the inclemencies of the weather rendered it intolerable, in this doleful condition he <​I​> left his <​my​> family for the express purpose [p. 5] of making an appeal to the American people To know something of the Toleration of such vile and inhuman conduct <​and Traveled 1300 miles Through the interior of the <​​>​> he <​&​> was frequently answered that such conduct was not Justifiable in a republican government— “yet we feel to say that we fear that Joe smith is a very bad man and circumstances alters cases”— We would not wish To prejudge a man but in some circumstances the voice of the people ought to rule” the most of these expressions were from professors of religion, further saith that <​&​> in the above <​aforesaid​> persecution he <​I​> saw 190 women and children driven 30 miles across the prairie with 3 decrepit men only in their company, in the month of November, the ground thinly crusted with sleet and saith he <​I​> could easily follow their Trail by the Blood that flowed from their lacerated feet on the stubble of the burnt prairie this company not knowing the situation of the country nor the extent of built quite a number of cabins that proved To be in the Borders of , the mob infuriated at this rushed on them in The month of January 1834 [p. 6] burnt those scanty cabins and scattered the inhabitants To the four winds from which cause many were taken suddenly ill and of this illness died in the mean Time they burnt 203 houses & 1 grist mill These being the only residences of the saints <​in ​> the most part of 1200 saints who resided in made their escape to , <​I​> the would here remark that among one of the companies who <​that​> went to was a woman named sarah Ann Higbee who had been sick of chills and fever for many months, and another of the name of Keziah Higbee Who was under the most delicate circumstances, lay on the bank of the without shelter during one of The most stormy nights <​I​> ever witnessed while Torrents of rain poured down during the whole night and smallest streams of the smallest minutiae were magnified into rivers, the former was carried across the apparently a lifeless corpse the latter was delivered of a fine son on the bank within 20 minutes after being carried across the , [p. 7] under the open canopy <​of heaven​> and from which cause he <​I​> he has <​have​> every reason to believe she died a premature death. the only consolation they received <​From the mob,​> under these circumstances was G——d d——n you do you believe in <​Joe smith​> the book now The saith that during this whole time <​the​> <​s.d​> Joseph smith sen lived in in the Town of according To the best of <​my​> his knowledge & belief, a distance of 1100 miles from Missouri & Thinks that the church in <​there​> had but little correspondnc with him during That time. The further saith we now mostly found ourselves in some in negro cabins some in Gentlemen’s kitchens some in old cabins that had been out of use for years, and others in the open air without any thing to shelter them from the dreary storms of a and <​cold & stormy​> stormy winter, thus like men of servitud we went To work To obtain a scanty living among the inhabitants of every advantage which could [p. 8] be Taken of a people under these circumstances was not neglected by the people of Some<​A great​> degree of friendship prevailed between the saints and This people under these circumstances for the space of 2 years when the saints commenced purchasing some small Possessions for ourselves <​themselves​> this Together with the emigration created a Jealousy on the part of the old citizens That we were to <​be no longer​> <​be​> their servants no longer This raised an apparent indignation and the first thing expressed in this excitement was “you believe too much in Joe smith consequently they commenced catching the saints in the streets whipping some of them <​un​>till their bowels gushed out and leaving others for dead in the streets. the further Saith this so exasperated the saints that they mutually agreed with the citizens of that they would, purchase an entire new County North of & cornering on there being not more than 40 or 50 inhabitants in this new who frankly sold out their possessions To them [p. 9] <​to​> the saints <​who​> immediately set in to enter the entire from the general government. The having been settled the saith that the issued an order for the organization of the into a Regiment of Militia and an election being called for a Col of s.d Regiment <​I​> was elected unanimously receiving 236 votes in August 1837. Then organized with Subaltern officers according to the statutes of the s and received legal and lawful commission from for the same. <​I​> Thinks sometime in the latter part of the winter s.d Joseph smith moved <​to​> the district of country the saints had purchased & not far from this time it was set into a county and it was called <​& he​> s.d. Joseph smith settled down like other citizens of a new county, and <​he​> was appointed the first elder in the church of Jesus Christ of latter day saints, holding no office in the either civil or military. [p. 10] here <​& I​> declares that he <​I​> never knew s.d Joseph smith To dictate by his influence or otherwise any of the officers either civil or military, he himself being exempt from military duty from the amputation from <​his leg <​of​>​> the bone of his leg a part of the bone on account of a fever sore. <​I​> removed from To purchased <​a preemption right​> for which he <​I​> gave 750 dollars, gained another by the side thereof, put in a large crop and became acquainted with the citizens of who appeared very friendly. In the month of June or July there was a Town laid off partly on his <​my​> preemption and partly on lands belonging to Government the emigration commenced Flowing To this newly laid <​off​> Town very rapidly This excited a prejudice in the minds of some of the <​old​> citizens who were an ignorant set <​&​> not very far advanced before the aborigenes of the country in civilization or cultivated minds, fearing lest this rapid tide of emigration should deprive [p. 11] them of office of which they were dear lovers— This was more plainly exhibited at the August election in the year 1838 the old settlers then swore that not one Mormon should vote at that election, accordingly they commenced operations by fist and skull this Terminated in the loss of some Teeth some blood <​flesh​> and some blood. the combat being very strongly contested on both sides many mormons were deprived of their votes <​& I​> was followed to the polls by 3 ruffians To the polls with stones in their hands swearing they would kill him <​me​> if he <​I​> voted. a false rumour was immediately sent To such as 2 or 3 mormons were killed and were not suffered To be buried the next day a considerable number of the saints came out To <​my​> s house S.d [said] Joseph smith came with them He enquired of <​me​> concerning the difficulty, the answer was Political difficulties, he then asked if there was any thing serious, the answer was no I think not, we then all mounted our horses and rode up into the Prairie a short distance from <​my​> s house to a cool spring near the house of where the greater number stopped for refreshment whilst a few waited on [p. 12] he was interrogated by one To know whether he Justified the course of conduct at the late election or not He said he did not and was willing and was willing to give his protest in writing which he did and also desired that there should be a public meeting called which <​I​> thinks was done on the next day. S.d Joseph Smith was not addressed on the subject but <​I​> was, who in behalf of the saints entered into an agreement with the other citizens of the that they <​<​we​> would​> live in peace enjoying those blessings fought <​for​> by our forefathers but while some of their leading men were entering into this contract others were raising mobs and in a short time the mob increased To 203 rank and file and they encamped within 6 miles of In the mean Time Joseph smith and those who came with him from returned To their homes in peace suspecting nothing,— <​but I​> seeing the rage of the mob and their full determination To drive the church from sent To (Major General of the division in which we lived) he immediately sent with between 200 or <​&​> 300 men— moved his troops [p. 13] near the mob force and came up & conversed with me <​​> <​me​> on the subject after conversing some Time on the subject Major Hughes came and informed That his men were mutinizing and the mob were determined To fall on the saints in The <​I​> having a Col’s commission under was command<​ed​> To call out <​my​> his Troops forthwith and to use s own language “kill every G——d D——n Mobocrat <​you can find in the ​> or make them prisoners and if they come upon you give them Hell” he then returned To his troops & gave them an address stating the interview he had with <​me​> and he also said to the mob that if they were so disposed they could go on with their measures that he considered that with the militia under his command all sufficient to quell every G——d D——n Mobocrat in the and if they did not feel disposed so to do To go home or G——d d——n them he would kill every one of them” the mob then dispersed. During these movements Joseph Smith nor any of those of or any other place were <​not​> at only those who were settlers <​and legal citizens of the place​> [p. 14] The mob again assembled and went to Carroll county there being a small branch of the church at that place, but of the Transactions of at this place <​I​> has <​have​> no personal knowledge, they succeeded in driving the church from that place some to the east and some to the west &c this increased their ardour and with a redoubled <​forces​> from several counties of the they again returned to To renew the attack many unwanton attacks and violations of the rights of citizens Took place at this time from the hands of this hellish band <​I​> believing forbearance no longer to be a virtue again sent To the for military aid who ordered out came part of the way but fearing his men would mutinize and Join the mob he came on ahead and conversed with <​me​> a considerable time— the night previous to his arrival the of was driven from her house by this ruthless mob, <​&​> came into a distance of Three miles carrying Two children on her hips one of which was then rise of Two years old the other 6 or 8 months old the snow being over shoe mouth deep & she having to wade which was [p. 15] at this time waist deep and the mob burnt the house and every thing they had in it and passing the ruins thereof seemed fired with indignation at their hellish conduct <​&​> said he had hitherto <​thought​> it imprudent to call upon the militia under s <​my​> command in consequence of popular opinion but he now considered it no more than Justice that <​I should​> have command of his <​my​> own Troops “& <​said to me,​> “I therefore command you forthwith, To raise your companies immediately and take such course as you may deem best in order To disperse the mob from this <​I then​> called out 60 men and placed them under the command of Capt. , <​& <​I​> also​> took about the same number was ordered to where a party of the mob was <​were​> located, <​& I​> to where another party was located. <​I​> & formed the troops under their <​our​> command and addressed them as follows “Gentlemen I deplore your situation I regret that Transactions of this nature should have transpired in our once happy your condition is certainly not an enviable one surrounded by mobs <​on​> one side and popular opinion <​&​> prejudice [p. 16] against you on the other gladly would I fly to your relief with my troops but I fear it would be worse for you, most of them have relations living in this and will not fight against them one of my principal captains of namely and his men have already mutinized and have refused to obey my command I can only say to you gentlemen follow the command of Col. whom I have commanded To disperse all mobs found in or To make them prisoners and bring them before the civil authorities forthwith I wish to be distinctly understood that is vested with power and authority from me to disperse from your midst all who may be found on the side of mobocracy in the county of I deeply regret Gentlemen (knowing as I do the vigilance and perseverence of in the cause of freedom and rights of man) that I could not even be a soldier under his command in quilling the hellish outrages I have witnessed. In conclusion, Gentlemen, be vigilant and persevere and allay every excitement of mobocracy [p. 17] I have visited your place frequently, find you to be an Industrious and Thriving people willing to abide the laws of the land, and I deeply regret that you could not live in peace and enjoy the privileges of freedom. I shall now Gentlemen return and dismiss my troops and put under an arrest leave the sole charge with who I deem sufficiently qualified To perform according to law in all military discipline <​operations necessary”​>
then went to , when coming in sight of he discovered about 100 of the mob holding some of the saints in bondage, and Tantalizing others in the most scandalous manner, at the sight of and company the mob took fright and such was their hurry to get away some cut their bridle reins & some pulled the bridles from their horses heads and went off all speed, nothing to prevent the speed of their horses. <​I​> went to and on his <​my​> way discovered that the inhabitants had become enraged at the orders of the Generals & and that they had sworn vengeance against not only [p. 18] <​agst.​> the church but also <​against​> the Two Generals Together with , and To carry out their plans they entered into one of the most diabolical schemes ever entered into by man and these hellish schemes were inguriously carried out. firstly, by loading their families and goods in covered waggons setting fire to their houses moving into the midst of the mob and crying out the Mormons have driven us and burnt our houses.— In this situation <​I​> found the country between <​my​> his house and and also found evacuated and burnt runners were immediately sent to the with the news that the mormons were killing and burning every thing before them and that great fears were entertained that they would reach before the runners could bring the news this was not known by the church of latter day saints till 2200 of the militia had arriven within half a mile of and they then supposed the militia supposed to be a mob. <​I​> was sent for from To reached there <​the Sun​> about one hour high in the morning of the 29th of Oct 1838 called upon Joseph smith enquired the cause [p. 19] of the great uproar he declared he did not know but feared the mob had increased their numbers, and was endeavouring To destroy us <​I​> enquired of him if he had had any conversation with any one concerning the matter he said he had not as he was only a private citizen of the that he did not interfere with any such matters. <​I​> thinks <​that he Told him <​me​> there had been an order​> from or , one, To the To call out the Militia in order to quell the riot and To go to him he could give <​me​> any information on this subject on enquiring for him I found not. states that between 3 & 4 o.clock P M Col of Militia in that place called on <​me​> in company with Joseph smith, and sd said he had been in the camp in order to learn the intention of of the same, he said they greatly desired To see Joseph smith <​&​> , & Joseph smith first enquired why they should desire to see him as he held no office either civil or military. <​I​> next enquired why it <​was​> they should desire to see a man out of his own [p. 20] county here observed there is no time for controversy, if they <​you​> were <​are​> not into the camp immediately they <​are​> were determined To come upon before the setting of the sun. <​& said​> they did not consider them <​us​> as military leaders, but religious leaders. he said that if the aforesaid persons went into the camp they would be liberated that night or very early next mor[n]ing that there should be no harm done. They <​We​> consulted Together and agreed To go down— On going about half the distance from the camp <​I​> observed it would be well for Generals and others To meet us and not have us go in so large a crowd of soldiers accordingly the Generals moved onwards followed by 50 Artillery men with a four pounder the whole 2200 moved in steady pace on the right and left keeping about even with the former. approached the aforesaid designated persons with a vile, base and Treacherous look in his countenance <​I​> shook hands with him and saluted him thus “we understand you wish to confer with us a few moments, will not Tomorrow [p. 21] morning do as well” at this moment spoke and said, here are the prisoners I agreed to deliver To you then brandished his sword with a most hideous look and said you are my prisoners and there is no Time for Talking at the present, you will march into the camp. at this moment <​<​I​> believe​> that there was 500 guns cocked and not less than 20 caps bursted and more hideous yells were <​never​> heard even if it is true the description of of the yells of the Damned in hell is true as given by the modern sects of the day. the aforesaid designated persons were then introduced into the midst of 2200 Mob Militia they then called out a guard of 90 men placing 30 around the prisoners who were on duty 2 hours & 4 off prisoners were placed on the ground with nothing to cover but the heavens and they were overshadowed by clouds that moistened us <​them​> before morning was of a delicate constitution received a slight shock of Apoplectick fits which excited great laughter and much ridicule in the guard an mob Militia. thus we <​prisoners​> [p. 22] spent a doleful night in the midst of a prejudiced and diabolical community next morning <​day​> <​& ​> was <​were​> dragged from his <​their​> Family <​Families​> and brought a prisoner<​s​> into the camp <​they​> alleging no other reason <​for Taking ​> than that he was brother To Joe smith the prophet and one of his counsellors as president of the church— the prisoners spent this day as comfortably as could be expected under the existing circumstances. Night came on & under the dark shadows of the night subaltern of Took <​me​> one side and said we do not wish to hurt you nor kill you neither shall you be by G——d but we have one thing against you and that is you are too friendly to Joe smith and we believe him To be a God Damned rascal!” and you know all about his character <​I​> said, I do sir, will you swear all you know concerning him s.d , I wills sir was the answer of <​I gave​>— Give us the outlines s.d , says he <​I then​> told said he <​I​> believed s.d Jos Smith [p. 23] To be the most philanthropic man he ever saw and possessed of the most pure & Republican principles, a friend To mankind a maker of peace and sir had it not been that I had given heed to his counsel I would have given you hell before this time with all your mob forces, he then observed “ I fear your life is in danger for there is no end to the Prejudice against Joe smith, kill & be Damned sir was my answer. He answered <​and sd.​> there is To be a court martial held this night and will you attend sir? I will not unless compelled by force was my reply. <​ further saith​> He returned about 11 O’clock that that night <​&​> Took him <​me​> aside, and said I regret to tell you your die is cast your doom is fixed you are sentenced to be shot <​Tomorrow​> To morning on the public square <​in ,​> at 8 o’clock. says his <​I​> answered, was shoot and be damned. We were in hopes said he you would come out against Joe Smith, but as you have not, you will have to share the same fate with him. <​I​> answered, you may thank Joe smith that you are not in [p. 24] in hell this night for had it not been for him I would have put you there some where about this time came up and said To <​me,​> the decision is a damned hard one and I have washed my hands against such cool and deliberate murder, <​&​> says he further Told him <​me​> that General Gray <​Graham​> & several others (names not recollected) were with him in the decision and opposed it with all their power that he should move his soldiers away by daylight in the morning that they should not witness such a heartless murder. I wish you well. says he <​I​> then returned To his <​my​> fellow prisoners To spend another night on the cold damp earth and the canopy of heaven to cover us, the night again proved a damp one at the removal of ’s part of the army the camp was Thrown into the utmost confusion and consternation. fearing the consequence of such hasty and inconsiderate measures revoked the decree of shooting prisoners and determined to take them To [p. 25] Consequently he delivered the prisoners over to ordering him To see them safe To in Jackson county about the hour that we <​prisoners​> were to have been shot on the publick square in we <​they​> were exhibited in a waggon in the town, all of them having families <​there​> but <​me​> and it would have broken the heart of any person possessing an ordinary share of humanity To have saw the separation. the aged & of Joseph smith were not permitted to see his face but To reach their hands through the curtains of the wagon and thus Take leave of him when passing his own house he was Taken out of the wagon & permitted to go into the house but not with out a strong guard & not permitted To speak with his family but in the presence of his guard his eldest son <​about 7 <​6​> or 8 <​7​> years old​> hanging to the tail of his coat crying father is the mob going To kill you the guard said To him “you Damned little brat go back you will see your father no more” the prisoners then set out for accompanied by Generals & and about 300 troops for a guard. after we remained [p. 26] in 3 or 4 days and nights during <​most of​> which Time the prisoners were Treated in the most Gentlemanly manner and boarded at a Hotel for which they had afterwards when confined in To pay the most extravagant price or have their property, of <​if​> any they had, attached for the same From at this time had arrived at and by orders from the Took on himself the command of <​the​> whole of the Militia notwithstanding, s commission was the oldest, but he was supposed to be too friendly to the mormons and therefore dismounted, and sanctioned the measures of , however cruel they might have been, and said, he should have done the same had he been there himself. accordingly he remanded the prisoners from they were the says <​ &​> they were taken and escorted by a strong guard to , Threatened several times on the way with violence and death, they were met 5 miles before they reached by <​about​> 100 armed men and when they arrived in they [p. 27] were Thrust into an old cabin under a strong guard. <​I​> was informed by one of the Generals that 2 nights previous To their arrival held a court martial and also sentenced the prisoners <​<​were​> again sentenced​> To be shot, but he being a little doubtful of his authority sent immediately to <​​> for the military law and a decision from the officers, when he was duly informed informed that any such proceeding would be a cool <​blooded​> and heartless murder— on the arrival of <​the​> prisoners at says that he & Joseph Smith <​& I​> sent for To be informed by him what crimes were alleged against <​us​> them he came in and said he would see us again in a few minutes, shortly he returned and said he would inform us of the crimes alleged against us by the state of “Gentlemen, you are charged with Treason Murder <​​> Theft and stealing and various other charges Too Tedious To mention at this time, <​&​> he immediately left the room. In about 20 minutes there came in a <​strong​> strong guard Together [p. 28] with the keeper of the Penitentiary of the who brought with him 3 common Trace chains noosed Together by putting the small end through the ring at then commenced chaining <​us​> up one by one and fastening with padlocks about 2 feet apart In this unhallowed situation says the prisoners remained about 15 days and in this situation delivered them <​us​> over To the professed <​civil​> authorities of the without any legal process being served on <​us​> them at all during the whole time we were kept in chains with nothing but evidence and that either by the vilest apostates, or by the Mob who had committed murder in the state of . notwithstanding all this expartee evidence had <​did​> inform our Lawyer 10 days previous to the termination of the Trial who he should commit To and who he should not, further saith <​& I​> he heard say on his bench in the presence of hundreds of witnesses that there was no law for the mormons and they <​need​> not expect any— said <​he​> if the s exter [p. 29]minating order had been directed To me I would have seen it fulfiled To the very letter eer [ere] this time. after a tedious Trial of 15 days with no other witnesses but <​ones​> witnesses says the witnesses of prisoners were either kicked out of doors or put on Trial for themselves. further says <​&​> the prisoners were now committed To under the care and direction of saml. Tillery Jailor. here we were received with a shout of indignation and <​scorn​> by the prejudiced populace prisoners were here thrust into Jail without a Regular the Jailor having to send for one some days after. The Mercies of the Jailor were intolerable feeding us with a scanty allowance, on the dregs of coffee and Tea from his own Table and fetching the provisions in a basket on <​in​> which the chickens had roosted the night before without being cleaned 5 days he fed the prisoners on human flesh and from extreme hunger <​I​> we were <​was​> compelled to eat it In this situation we were kept [p. 30] untill about the first <​month​> of April when we were remanded To for Trial before the Grand Jury. There we were kept under the most Loathesome and despotic guard they could produce in this <​that​> country of Lawless mobs.— after 6 or 8 days the grand Jury (<​most of​> who<​m​> by the by were so drunk that they had to be carried out and in To their room as though they were lifeless,) formed a fictitious indictment which was sanctioned by (who by the by was the s attorney under at our Trial,) and who at that time stated that the mormons ought to be hung without Judge or Jury) he the sd made out a without day or date ordering the sheriff to take us to columbia the sheriff selected 4 men to guard 6 <​5​> of us we then took a circuitous route crossing prairies 16 miles without houses and after Travelling 3 days and <​the​> sheriff <​& I​> were together by themselves <​ourselves​> for 5 miles from any of the rest of the company, for 16 miles at a stretch, the sheriff here observed to <​me​> that he wished to God he was at home and & <​my​> [p. 31] and <​my​> friends <​& I​> also. the sheriff then showed <​me​> the and he found it had no <​neither​> day or date to it, and said the inhabitants of would be surprised that the prisoners had not left them sooner, and said he by G——d I shall not go much further. further says “we were then near yellow creek and there were no houses <​nearer​> one way nearer than 16 miles & 11 miles another way, except right on the creek here the a part of the guard took a spree while the balance of them helped them us to mount our horses which we purchased of them and for which <​they were paid​> <​There here we took a change of venue &​> we have since paid them From thence we <​to​> reach we <​​> without difficulty reached where we found our families who had been driven out of the under the exterminating order of . further saith that he <​I​> never knew of Jos Smith holding any office civil or military or using and any undue influence in religious matters during the whole of routine of which I he <​I​> has <​have​> been speaking. has hastily
 
’s Testimony July 1, 1843
E
 
Filed July 1st. 1843.— [p. 32]

Footnotes

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