Minutes and Testimonies, 12–29 November 1838 [State of Missouri v. Gates et al. for Treason]

  • Source Note
  • Historical Introduction

Document Transcript

Be it remembered that at a criminal court of Enquiry held before me Judge of the fifth Judicial Circuit in the State of , at the Court house in on Monday the 12th day of November A D 1838 Wherein the following named persons, were then and there brought before me, being charged with the several crimes of high treason against the State, Murder, burglary, arson, robbery & larceny to wit: Joseph Smith Jr , , , , , , Washington Vorries, Sidney Turner, John Buckhannon, , Chandler Haldbrook, , Jesse D Hunter Andrew Whitlock, Martin, C. Al[l]red, William Al[l]red, , , Elijah Newman, , Zedediah Owens, , , Moses Clawson, John J. Tanner, Daniel Shearer, Daniel I. Thomas, , Elisha Edwards, John S. Higbey [Higbee], Ebenezer Page Benjamin Covey, ,, James M. Henderson, , , David Frampton, George Kimble, , Henry Zabriskey, Allen J. Stout, Sheffield Daniels, Silas Manard, Anthony Head, Benjamin Jones, , John T Earl, and Norman Shearer, All of whom being present before the court. and the said Ebenezer Page, , , [p. [1]] , , Henry Zabriskey, Allen Stout, Sheffield Daniel, George Kimball, & Normon Shearer satisfying the Court that they are poor persons, unable to employ counsel to assist them in their defence, It is therefore ordered that , & Esqrs. be appointed as cousel for said purpose— and not being able to progress further in the cause, the court adjourned until tomorrow morning 9 o’clock
Court met agreeably to adjournment 12 13th day of Novr a witness, produced sworn and examined on behalf of the State, Deposeth and saith:
That about four months ago, a band called the Daughters of Zion, or <​since cal[l]ed​> the Danite band was formed of the memberes of the Mormon <​church​> the original object of which was to drive from the county of all those who dissented from the mormon church, in which they succeeded admirably &c to the satisfaction of those concerned,— I consider. Joseph Smith Jr 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 they should be the means in the hands of God of bringing forth the Millenial Kingdom. It was stated from by Joseph Smith Jr that it was necessary this band should be bound together by a covenant, that those who reveald the secrets [p. [2]]
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 That they. In the name of Jesus Christ the Son of God, I do solemnly obligate myself, ever to conceal & never to reveal the secret purposes of this Society called the daughter of Zion; Should I ever do the same I hold my life as the forfeiture. The prophet, Joseph Smith Jr together with his two counselors, & were considered as the supreme head of the church, & the Danite band felt themselves as much bound to obey them, as to obey the Supreme God. Instruction was given to the danite band by Jos Smith Jr. that if any of them should get into a difficulty, the rest should help him out, and that they should stand by each other right or rong, & that this instruction was given at a publick address, talked to delivered at a danite meeting— He knows all the defen As for Joseph Smith Jr & his two counselors the witness does not know that they ever took the Danite oath.— He knows all the rest of the Defents. to be danites, except Sidney Tanner, Andrew Whitlock, Zedediah Owens, , John J. Tanner Daniel S. Thomas, George Kimble Anthony Head, Benj Jones & Norman Shearer. At the election last August, a report came to that some of the brethren in were killed. I called for 20 volunteers to accompany me to to see into this matter.— I went and 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. Black about 150 or 200 men of us, armed [p. [3]]
Jos. Smith Jr was commander, and if had not signed the paper presented he did. It was the common understanding & belief that he would have shared the fate of the dissenters. & were at when we went to s, & advised the movement. Of the prisoners, I do not recollect that , Washington Vories, Sidney Tanner, John Buckhannon, , Chandler Halbrooks , Jessee [Jesse] D. Hunter, Andrew Whitlock, Martin C al[l]red, Wm Al[l]red , Elija Newman Zed. Owens, , , Moses Clauson, John J. Tanner, Danl Shearer, Danl S. Thomas, Elisha Edwards, John S Higbey [Higbee], Ebenr Page, Benj Covey, Jas. M. Henderson, , David Frampton, Geo. Kimble, , Henry Zabriskey, Allen J Stout, Sheffield Daniels. Silas Manard, Anthony Head, Benj Jones, , John T Earl, Norman Shearer was <​were​> with us on the expedition to .— As regards the affair at , I know little personally but I heard. Mr say they had went <​gone​> down to , where it was said a mob had collected to wage war upon the Mormons residing in Carrol Cty, & that Jos Smith Jr with his friends went down to to give aid & help to his brethren the company was armed as I presumed was one in Company & also. went to see what was going on— I heard the above named persons say they were in s camp at several days except . I know not that <​he was at ​>— When the Mormons returned <​from​> : It was rumored that a mob was collecting in .— Jos Smith [p. [4]]
Jr. the Sunday before the late affair in , at a church meeting, gave that notice that he wished the whole collected on the next monday at . where he said (or the sunday before I don’t recollect which) that all who did not take arms in their defence, should be considered <​of the Mormons​> of , should be considered as tories, and should take their exit from the . At the meeting on monday where persons met from all parts 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 , & 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 potat[o]es, who refused to sell. the Capt then charged his company, several different times not to touch the Dutchmans potatoes. In the morning the Dutchman not <​had​> not a potatoe left in his patch— This was in refference to our touching no property on our expedition to , that did not belong to us, but <​he​> told us that the Children of God did not go to war at their own expense. A voted was taken whether the brethren should embody & go down <​out​> to to attack the Mob. this question was put by the prophet Jos Smith [p. [5]]
after and passed unanimously with a few exceptions Capts and some one else not recollected <​ were appointed​> neither of whom were militia <​commanders of the mormons​> by J Smith Jr. to go to . he frequently called these men Generals— I once had a command as an officer, but he 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 sirgeon to attend to the sick & wounded— When <​After​> we arrived at in , the a council was held at night, composed of Jos Smith Jr, , , &. , , Mr. Prest. , <​& ​> & perhaps . was not present; a correspondence was kept up between him & Jos Smith Jr I heard read some 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 should succeed. on reading the letter said it gave him great consolation, to have such authority that the kingdom of God was rolling on: In the above referred <​to​> council Mr Smith spoke & of our <​the​> grievances we had suffered. in , , & other places, declared that we must 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 and that we should be free & Independent, and that as the State of & the [p. [6]]
would not protect us. It was time then we should rise as the saints of the most high God & protect ourselves & take the Kingdom, and 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 occasions observed that one should chase a thousand & two put ten thousand to flight. That he considered the rotten he compared the Mormon Church to the little stone spoken of by the Propt Daniel. & that the dissenters first was part of the image & the state next, that should be destroyed by this little stone.
The called <​council​> was called on to vote the above measures, & were unanimouse in favour of them— On the next day the <​who was called by the prophet ​> took command took com of a body of armed men, <​about 100​> and told them he had a job for them to do. & that they the must work of the Lord was rolling on, & that they must be united. the He then led his troops to saying he was agoing to attack the mob there— at the goods in the store were taken. He made a rush into , dispersed the few men there, and took the goods out of the ' store, & took 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 put in the Lords store house. Jos Smith Jr was at giving directions about things in general connected with the war. [p. [7]]
When returned from to The goods were divided or apportioned out amongst those engaged and those these affairs <​were conducted​> under the superintendency of the first presidency— a part of the goods was brought to . On their arrival under the care of , & others shouted three 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 into our camps. After we all returned to the troops were constantly Kept in motion & there was a council held at s house at <​to​> to <​determine​> who should be the chiefs. It was determined that should be commander in chief at . Capt. of <​the​> flying horse of . should be commander in chief of the troops of the cavalry or flying horse. & that the propth Jos Smith Jr should be commander in chief of the whol[e] kingdom. The council was composed of Jos Smith Jr. , , <​&​> , & — The object of that council was a furtherance of the scheme proposed in council in referred to above— After this council disputed as to the chief command of the troops, & had a small <​smart​> altercation with <​about​> it <​with ​>. about weth but Smith proposed that they agree to disagree, & go on for the good of the Kingdom. The troops were kept together until the militia came out lately. There was about from 500 to 800 <​men​> as I should suppose, under arms— It was about the time that the militia [p. [8]]
came out lately to under , that our prophet assembled the troops together at into a hollow square and addressed them and stated th to them that the Kingdom of God should be set up, & should never fall, and for everyone that we lackd in number, in amount of those who came against us, the Lord would send angles [angels], who would fight for us, & that we should be victorious, when it was said After the mili that it that it waslitia 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. and 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 <​then knew​> knownAfter it was ascertained that the militia had arrivd inteligence was immediately send sent to , to , next morning arrived in , with about 100 mounted & armed men. The troops were constantly kept in battle array <​prepared​> <​&​> in a situation to repel attack— The evening the militia arrived near . It was learned in <​the​> general understanding in the Mormon camps that they were militia legally called out— The day be <​and indeed​> previous to <​the​> arrival of the militia men in it was ascertained that there these were militia on their way to previous <​some months​> ago. I received orders to destroy the papers concerning the Danite Society, which order wast issued by the first presidency, & which paper being the constitution for the government of the Danite Society, <​which​> was in my custody, but which I did not destroy— It is now in ’s [p. [9]]
possession— I gave the paper up to after I was taken prisoner by— I found it <​in my house​> where I had previously deposited it. & believe it had never been an in any person’s possession after I first recd. it— This paper was taken into — house & read to the prophet & his counsellors, <​the first presidency being absent​>— & was unanimously adopted by them, as their rule & 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. My understanding <​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 written minutes, and The <​which​> constitution for the above refered to is as follows:
Whereas, in all bodies Laws are necessary for the permanency, 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 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, and sacred honours.— And now to prove ourselves worthy of the liberty conferred on us by them, in the providence [p. [10]]
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. & 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 privileges, 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 Father our Fathers, to resist tyrany, whether it be in Kings, or in people, It is all alike unto us, Our rights we must have, and our rights we will <​shall​> have, in the name of Israels God—
Article 1st
All power belongs originally and legitimately to the people and they have a right, 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 into 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, with and with the generals and colonels of the Society. By them all Laws shall be made regulating the Society— [p. [11]]
Article 4th
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, and 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 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 judgments 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 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 subjects to their superiors in rank, according to laws made for that purpose—— [p. [12]]
In connection with the grand scheme of the Prophet, his preachers & prophets <​apostles​> should <​were instructed to​> preach <​to​> and prophets 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 & to possess the Kingdom, that it was the will of God that they should do so & that the Lord would give them power to do possess the Kingdom— There was another writing drawn up in June last; which had in for its object to get rid of the dissenters & which had the desired effect. Since that time & since the introduction of this scheme of the prophet made known in the above constitution I have heard the prophet say say that it was a fortunate thing that we got rid of the dissenters, as they would probably have enda[n]gered the rolling on of the Kingdom of God, Which as introduced & to be carried into effect by the Danite band. That they, the dissenters, were great obstacles in the way, & that unless they were removed the aforesaid Kingdom of God could could <​not​> roll on— This paper against the dissenters was drafted by & is as follows:
June 1838
To , , , and Greeting, Whereas, the Citizens of have borne 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 conceive <​that​> to bear any longer is a vice [p. [13]]
instead of a virtue, The We have borne 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 our 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 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 effected to despise our warnings and pass them off with a sneer or a grin, or a threat, and pursued your former course, and vengeance sleepeth sleeps [p. [14]]
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 else 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 officers 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 bretheren Presidents Joseph Jr Smith Jr and , 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 [p. [15]]
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 condesensions did you attempt to escape the work-house.
But now for the sequel. Did you practise 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 bourne? 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 gathering us to this place by their testimony which they gave concerning the plates of the book of Mormon, That they were shown to them by an angle, 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 house of the Lord 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 [p. [16]]
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 the church had chosen to preside over their meetings endeavoured to put the house 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 the house, and issued writs against the saints for endeavoring to sustain their rights, and bound them under heavy bonds, to appear before his honour, 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 seventy years of age, and notorious for his peaceable habits. , and , united with a gang of counterfeiters, thieves, lyars, and blacklegs of the deepest die, to deceive, cheat, and defraud, the saints out of their property, by every art, and stratagem, which wickedness could invent, using the influence of the vilest persecutors, to bring vexatious lawsuits, vilianous prosecutions, & even stealing not excepted
In the midst of this career, for fear of the saints would seek redress at their hands, they breathed out [p. [17]]
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 repentance, 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 and his company were writing letters to , in order to destroy the character 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 and ’s bogus money business got abroad into 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 a property & bringing it with him, which has within a few weeks past been 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 had promised to destroy them, and made an attempt to sell them to of . And on his arrival reported that he had a note of one [p. [18]]
thousand dollars, against a principal man of in this church, when it is a fact, that it was a palpable falshood, 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 slander and abuse was commenced by you all, for the purpose of destroying the characters of certain individuals, whose influence, & strict regard for righteousness 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 villifying 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 swearing false, to injure the characters and property of innocent men, stealing, cheating, lying, instituting vexatious law suits, selling bogus money, and also stones and sand for bogus money in which nefarious business , and were engaged while you were there.—
Since your arrival here you have commenced a general system of that same kind of conduct in this place. You set up a nasty dirty, pettefoggers office, pretending to be judges of the law, when it is a notorious fact that you are profoundly ignorant of it, and of every other thing [p. [19]]
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, & to bring their creditors upon them, and break them up In addition to this, you stir[r]ed up men of weak minds to prosecute one another for the vile purpose of getting a fee for pettifogger from 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 built <​bought​> city lots and built upon them, not that you can do any thing but cause vexatious lawsuits— And amongst 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 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 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 threatening 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 eighty four mormons— [p. [20]]
Close about 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 the its savour wherewith all shall it be salted &c.["] commonly called the salt of the earth <​sermon​>, in which the dissenters were called the salt that had lost its savour, & that they should be trampled upon, and driven out by the saints which was well understood by the danites as a part of their duty to do— When ’ men march 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 erected erecting their <​his​> bulwarks asked me if I did not think him pretty much of a general & 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 & fight our 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 as I understood from the battle ground, where I found Jos Smith Jr present laying hands on the wounded & blessing them [p. [21]]
to heal them. A was also there mortally wounded. I heard the following of the prissoners <​say they were he was​> in the fight, <​to wit:​> Norman Shearer.
I never saw <​heard​> make any inflammatory remarks, but I have looked on him as one composing the first presidency, acting in concert with Joseph Smith Jr approving by his presence acts & conversations the <​unlawful​> schemes of the presidency—— I never saw and two of the Defendents, take any active part in the above measures. testafied to by me. and I have heard Joseph Smith Jr say he consedered a coward & backward & ought to be forced out—
The presidency was made an
I was continually in the society or company of the presidency, continually receiving instruction from them as to the teachings of the danite band— & I continually informed them of my teachings— and they were well apprised of my course & teachings in the Danite-society—
And further this deponent saith not—
Sampson Avard
The following of the defendants were in the last expedition to — Joseph Smith Jr , , , , , , , Moses Clawson, , John S Higbey, Ebenezer Page, James. M. Henderson, , , Henry Zabriskey, doubtful,— , Maurice [Morris] Phelps [p. [22]]
doubtful, and further this saith not.
[remainder of page blank] [p. [23]]
Wyat Cravens, a witness produced, sworn & examined <​for the state​> deposeth & saith:
He was one belonging to <​in​> s company, and was present in the fight with the mormons about the 25th Oct last at <​about​> day break in , & <​appeared in comman[d] of the company that​> made an attack upon us— We were lying in camp when we heard them comeing. we got up & 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 could guess to abt 150​> armed with guns, swords & pistols, to about 40 yards when the fireing commenced, by both parties about the same time I can't say which side fired first, I was taken prisoner by the mormons, I saw Jos Smith to come up 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 & I with mormon we then started on to<​wards​> — 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 company <​captain​>, and ordered him to order <​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 an back and after getting near a field the Capt of the guard & one other rode off ahead, say [p. [24]]
ing they saw some one, shortly after the capt returned alone, they declared I should be guarded no further, but & 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 & had did not return— I fled & turned my head to look, & saw the man with his gun in a shooting position & shortly after, <​a​> while running I was shot by him, & I made my way to was in the battle— a Moses Rowland one of s men & several of the mormons was were killed in that battle, 5 of s company with with including myself were wounded & further this deponent saith not—
Wiatt Craven
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The order under which was ranging the north part of , when attacked by the mormons, was produced and read in court as evidence, which is as follows
Oct 23rd 1838 Head Quarters 3rd Division Mo Mi — Capt Sir your communication by express has been received You are hereby ordered to range the line between & with your company of volunteers, and prevent if possible any invasion of by any persons in arms whatever; You will also take care to inquire into the state of things in , & make report thereof to me from time to time. I will endeavor to be with you in a few days &c
M. G. 3rd D M M
Nehemiah Odle Sen a witness produced <​for the state​>, sworn & examined for the state, deposeth & saith, That he was in the battle between & the mormons, on the 25th Oct last. & say, <​saw​> 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 of religious ceremony to about this amount. “In the name of lazarus, God & the lamb, fire danites, and after fireing twice they charged, but which party fired first I don’t recollect. And further this deponent saith not.
Nehemiah odle [p. [26]]
Morris Phelps <​Capt ​> a witness produced, sworn and examined for the state, deposeth & saith:
That on the evening of the 24th Oct, <​last​> while ranging under the order of above inserted. I met with several mormons & read to them it to them, supposing they would inform the mormons of <​the character of my company​>. the <​We​> had been informed on that evening by citizens of that we would be <​were in danger of being​> 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 approaching forming <​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 being within about 30 steps of my right— I and in number were about 150. or 200. as I supposed and further this saith not.
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Maurice [Morris] Phelps a witness produced, sworn and examined for the state deposeth & saith,
That , <​was in the battle with ​> was one of the expedition, but was not in the battle, thinks was in the battle, thinks was in the battle. thinks Benj Jones was in the battle, thinks Norman Shearer was also & wounded [p. [27]]
Nehemiah Odle a witness produced, sworn &
I was called upon by , "to go down to to to help relieve some mormons prisoners who <​it​> was said had been taken by a mob I first refused to go, but <​being​> threatend with force, I consented to go— we proceeded to Mc Daniels field at in where we were commanded to hitch our horses. and we proceeded down to where was encamped myself 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 Lyman & others who went to the prisoners<​wounded​> and pronounced a blessing on them & prayed for them to be healed & saved. when we started from Mc Daniels fence the only command 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 a the following exceptionable principle was inculcated, that we should take spoils <​or plunder​> in some cases, this principle 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 Was stated by . in <​&​> speaking of dissenters who were unwilling to fight mobs, said that <​they​> ought to be pitched upon horses with pitch forks & bayonets, and forced into the [p. [28]]
front of the battle, & their property confiscated to the use of the army. The ancedote spoken of above about the dutchman was told by Smith after s address, and without any application of it by him— and further this deponent saith not:
Morris Phelps
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a witness produced sworn and examined in behalf of the State, deposeth and saith:
That about last June I was invited to <​a​> private meeting, in which an effort was adopt <​made​> to adopt some plan to get rid of the dissenters, there was something I did not like & opposed it with others & it failed. after that I met and 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 first presidency was present at the meeting above refered to. We have a rule in the Church, authorising every one who chos <​any member to​> consecrate or give, voluntarily his surplus property to the church, for charitable purposes— last summer preached a sermon commonly called the salt sermon, which seemed to be <​have​> for its object to produce a feeling to among the people to get rid of the dissenters a for crimes alleged & because they did not <​dis​>agree<​d​> with them— immediately [p. 29]
in a few days there seemed considerable excitement among the people, & the dissenters left, as I advised 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 of tens of and captains of tens and—fifties &c were appointed. I took exceptions only 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 rong. at the second or at least the last meeting I attended, the presidency, to wit Jos Smith Jr & , (and also ) was there There was at this meeting a ceremony of introducing the officers 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 president 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 future 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 presidency, & if the presidency led them astray they might destroy them.— In the last, or in some publick meeting Jos Smith Jr said if the people would let us alone we would preach the gospel to them in peace, but if they [p. [30]]
came on us to molest us, we would establish our religion by the sword & that he would become to this generation a second mahommet— 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 twenty odd times & always cleared they had never found any thing against him, & that made him of age and he would submit to it no longer— I heard ’s 4th of 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 he further remarked, that neither will we suffer <​permit​> any man or set of men to institute vexatious law suits against us, to cheat us out of our just rights, if so <​they do​> woe be unto them”— This mormon church has been represented as being the little crush stone spoken of by Daniel, which should roll on and crush all opposition to it, and ultimately to <​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 fifties &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 speak set up opposition to any thing that might be set on foot [p. [31]]
foot— and I became afraid to speak my own mind— I objected to <​the​> so course of , in refference to this Danite band & that Joseph Smith Jr rather I thought, upheld him & would not allow any objections to him— After the return of the mormons from , I heard Jos Smith Jr and <​in presence of​> in a conversation say they had applied <​that an application had been made​> to the <​& that they understood that he​> who would give them no assistance, & they were determined to withstand the mob, they were greatly incensed against certain families <​persons​> in & . and <​said​> they meant <​intended​> to rid the counties of them <​& of the mob​> in the course of that week, on this was on sunday morning, and in the course of the day instructions were given that a <​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 those who did engage in their undertaking— On Sunday in his discourse J Smith Jr, in his discourse spoke of persons taking at some times, what at other times it would be rong to take— and gave as an example the case of David eating the Shew-bread, & also of the Saviour & his apostles plucking the ears of corn & eating as they passed thro. the corn-field.— He supposed the prejudices of the pharasees & jews 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 entered into, in a speech said, that those who were unwilling to go into the war, they ought to be put upon their horses with guns & bayonets, and forced into the [p. [32]]
front of the war having refference to those who heretefore had been backward in defending themselves property & families— No persons were suffered to leave the in this extreme time & I met with Phelps to consult as to what we ought to do.— After the troops got to (in all about 400. or 500), I heard addressing a portion of the men who were <​there​> (perhaps 8 or 10) That the earth was the Lord’s & the fullness their thereof, with the cattle upon a thousand hills <​&​> If <​I​> were an hungry I would would not tell you.” That the saints of the Lord had the same priviledge or right, after that, perhaps the next day I saw a drove of some 4 or 5 cattle pass along, & asked what cattle those were, & was answered that they were a drove of buffalo, others observed they were cattle a Methodist priest had consecrated— I think that Joseph Smith Jr Jr , , , , , , , , , , , probably & , 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 but fences and empty houses. I understood him to say the people had not taken away all their property— Smith <​the prophet​> asked him if they had taken taken away the negroes. he said yes. some one then laughingly observed Smith you have lost your negro, to which I think he made no reply. [p. [33]]
J. Smith Jr asked if they he had done any thing with the property remaining in milport; said not— they would leave that matter for a private council— told me that he went down with the expedition to fight <​that fought​> , and that he remained behind about a three quarters of a mile from the battle ground holding horses— I saw feel confident that was not in the fight with .— upon cross examination. he thinks the original object of the danite band was to operate upon the dissenters but afterward <​it​> grew into a system to carry out the designs 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 & I learned it from various sources connected with that band— Upon cross examination— It was my understanding that s teaching in the Danite society was proceeded from the presidency— And furt I never heard that constitution spoken of by read in the society when I was present.— nor did I ever hear of it ’till lately And further this saith not
Before the examination of the above witness ,— Maurice [Morris] Phelps and , were put upon their trial with the other defendents, and under the same charges with them [p. [34]]
Robert Snodgrass, a witness produced, sworn and examined for the State, deposeth and saith:
Two or three months ago, I heard Joseph Smith Jr. say in , That the time had now come that the Saints should <​rise &​> take the kingdom, by the sworn <​and they should​> do it by the <​sword of the​> Spirit, and if not, by the sword of power, and further said that they had been trampled on and abused as long as the Lord required it. was present, and said in refference to the dissenters, that if they did not take a hand with them they would set the gideonites upon them, & have them bounding over the plains. he further heard them say that their church should over <​was that​> Kingdom spoken of by Daniel that should overcome all other Kingdoms— but I <​never​> heard heard Jos Smith Jr and further this deponent saith not
Robert Snodgrass
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George Walters, a witness produced, sworn, and examined for the State deposeth & saith:
Soon after the dissenters were driven away, from , I was in in s store, <​perhaps the last of June last​> & heard Jos Smith Jr say that he believed Mahommet was an inspired man, and had done a great deal of good, & that he intended to take the same <​course​> Mahommed did— that if the people would let him alone he would after a while die a natural death, but if they did not. he would make it one gore of blood from the rocky Mountains to <​the​> State of , he further said that he would <​had​>, or would have (the witness does not remember which) as good <​regular​> an inquisition as ever was established, and, as good a [p. [35]]
a set of inquistion as ever was. this conversation was had when talking about the dissenters— I heard , and , & I think say that if ever the dissenters returned to , their heads should be the forfeit.
On the 5th of <​In​> July last I heard told me I was <​in​> and went bail for who was a dissenter and one who was driven from I was taken to task & warned that I would suffer for it—and and on leaving town that evening, in company with , there was a number of guns fired at us. as I heard the balls whistle near us— in a day or two I returned to town and saw who took me to task for going ’s bail.— About a week before the militia came to , I was taken by an armed force with my waggon horses & harness, to . when there I was taken before ’s door. was called out, to whom I & waggon & team were delivered up as consecrated property I asked him what it meant, who replied he did not know, but would see the presidency in the house. he returned & told me the presidency wished to see me I went in & saw the following men to wit. Jos Smith Jr , , , & . Jos Smith Jr. accused me of lying, of harbouring the mob, of being too intimate with a the dissenters & carrying news to & other places, and said as to people leaving the a stop must be put to it, that it was a time of war, and to permit persons who are right in among them to go out and carry news, would never do and it should be stop[p]ed, if not in any other way, they would do it by taking their lives— As I had been to [p. [36]]
he asked me whether I thought a mob, or the militia would come on. I told him as far as I could learn that they would wait till they got orders from the .— he said he did not care what come that the militia was nothing but a mob, <​that​> the state of was a mob, & that the himself was a mob character. he then wanted I should take up arms & <​help​> fight their battles— I replied I could not, but proposed to leave the , he said I should not do that, but I might go home, if I offered to leave the they would kill me if they could— and take my <​all my​> property, and I should never be <​any​> the better for it but if I would stay, & behaved myself, I might live on it. if they wanted any of my property they would take it, & if they conquered they would pay me for it. but if they were conquered they <​I​> must loose it. I agreed to stay at home— I returned home. but my waggon & team <​horses​> except one mare was retained in their service until they were conquered, also my guns & saddle— In that same room & assembly where the above conversation took place, something was said as to where their war department should be. Jos Smith Jr thought it should be at so as to draw the seat of war there as that place was much better, naturally fortified— it was agreed on, and s house to be the <​cou[n]cil​> chamber— at that time. was appointed commander of the horse of , & commander in chief of the foot. was commander of the horse of , & commander of the foot— no one at that meeting opposed the <​above​> proceedings.— This was <​I think​> the day before the attack on s [p. [37]]
company, spoken of by other witnesses— At the aforesaid meeting at s, Jos Smith Jr complained that when at last, his horse had greatly suffered, and told he wanted him to procure him a good hostler, and in some <​of his​> excursions about, it would be <​a​> good notion for him to pick up a black boy or two.— He further remarked further <​that​> it was time to lay religion aside and take up our their guns.— and further this deponent saith not.
George Walter
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a witness produced, sworn, and examined in behalf of the State, deposeth and saith:
I was at when the <​last​> mormon expedition went to , we heard of a great number of men gathering in , I went down without being attached to any company, or without having any command. I found there were no troops gathered there, the mormon forces consi[s]ted of about 300, as I suppose— they were engaged in scouting parties, some, it was said, went to & took & much mysterious conversation was had in the camp, about goods & that they were much cheaper there than they were in , this last was said <​by​> s— I saw goods of various kinds, but knew not from whence they came— It was a common talk in camps that the mob were burning <​their own​> houses and fleeing off. there was much mysterious conversation in camps as to plundering & house burning so much so that I had my own notions about <​it​> & <​I​> spoke to Mr Smith Jr— in the house, & told him that this course of things of burning houses & plundering by the mormon troops would ruin us, that it could not be kept hid and would bring the force of the State upon us, that houses would [p. [38]]
be searchd & stolen property found— his answer <​Smith replied​> to me in a pretty rough manner, to keep still, that I should say nothing about it. that it would discourage the men & he would <​not​> suffer me to say any thing about it. again in a private conversation, I said to him, I would not raise any meeting by saying any thing publickly, but I wished to talk to him privately, not wishing however to set myself <​up​> above him in the matter, but that I wished to do it for the good of the church— I knew this was the way I could get to talk with him— I explained myself more fully than when in the house & told him I thought things were running to a dangerous extreme & he ought to exercise his influence to stop it, as this course of things would ruin his people. he answered, I was mistaken & that I was scared, & that this was the only way to gain our liberty & our point, that the mob had begun it with us in & had been kept up to this day, & told me to be cheered up & not to oppose him, & pledged his gave some pledged himself in some way that it would go on right— I replied I hoped <​for the better & that​> it would be better than I anticipated— both of the above conversations occurred in — at the time the mormon troops were assembled there— There was a council held the evening after I arrived at , where, as I learned from the presidency of that stake to wit. & others, in which some offercers were appointed. As I do not recollect precisely how they <​made​> but I think was commander in chief of all the mormon forces in — Neither of the Mr Smiths seem to have <​had​> any command <​as officers in the field​> but seemed to give general directions— I saw a great deal of plunder, & bee stands brought into camps, & I saw many persons for several <​days​> taking the honey out of them. I understood this property & plunder was placed into [p. [39]]
the hands of the bishop at named — to be divided out among the<​m​> brethren as their wants might require— There were a number of horses & cattle drove in, & hogs also hogs hauled in dead with the hair on <​but​> whose they were I know not. they were generally called consecrated property— <​I think it was​> the day that was attacked, I saw start off with troops as was said to Mill-port all this seemed to be done under Jos Smith<​s​> Jr inspection— I saw when he returned— and the company from return about the same time— and I heard Smith find fault with for not being as resolute as to serve Mill-port as they had served <​this was remarked to me alone​>— the following named defendants were in the expedition to , above refered to to wit: Jos Smith Jr, , , , I think— Washington Vorhies I think, , Martin. C. Al[l]red, Wm Al[l]red I think— , , I believe— for a few days— . , for a few days— & Maurice [Morris] Phelps.
I returned into & recd. an order from to order out the militia of to defend the citizens against mobs.— I issued that order to the different officers, but I found them very much disorganized, & I enquired the reason why, they answerd they cared nothing for their commissions— that the organization of the Danite band had taken all power out of their hands— under the order considerable men turned out but were not regularly enrolled—— <​On​> The day before the battle with , there was a council held in , in which was [p. [40]]
appointed commander in chief of all the horse he could raise in — I objected to this, <​inquired​> (in as much as I was the commanding Colonel of the militia of the .) <​how this was to be​> Prest Smith told me that if it reduced my command to ten men I must be satisfied with it— so I went home, & retired to bed early, next morning about sun rise, I heard of the battle Jos Smith Jr & perhaps some others, <​who I think were not in the battle​> went to meet those with the wounded— <​(who I think were not in the battle)​> The following named defendants I saw in the troop return from the fight with : I think— & Norman Shearer— On the evening that the militia <​arrived​> near , I got into town haveing been to hunt them to confer that day, to confer with them— when I arrived into , with about 100 men, I found them on foot, I saw other mormon forces formed in single line in the brush, in a position to receive the militia <​who were​> marching up— I learned from Mr Pomeroy that they were Militia, and I told him they need not come up to fight we wanted to settle the matter without fighting & for fear of a collision between the two forces I ordered the mormons formed in the brush to retreat— at this time Jos Smith Jr rode up, and upbraided me for such an order and told me it should not be done— He then ordered the men to stand still— & talked harshly to me charging me with Cowardice— I knew it would not do to oppose his wishes— and retired home— He went & took command of the forces I had formed, in the square <​(which I had with me that​> day & had dismounted & formed as above stated—) & <​he​> marched them down to the other line of mormons who were formed to recd. the militia [p. [41]]
It was generally believed among all in had that several days previous to their arrival, that the militia were comeing out, & that these forces, when they arrived, were militia— For Along thro’ the week that the fight was had with , it was a general understanding given out by Jos Smith Jr. that he calculated that he would fight any forces that should come against them— whether militia or mob— & if they pushed them too tight, they would march thro — or the calculation was that they would push the war to that effect— I have heard Jos Smith Jr say that he believed Mahommet was a good man, that the Koran was not a true thing, but the world belied Mahommet as they had belied him— & that he believed Mahommet a true prophet
— The general teachings of the presidency were that the kingdom they were setting up, was a temporal as well as a Spiritual kingdom— that it was the little stone spoken of by Daniel &Often Until lately the teachings of the church appeared to be that peaceable & that the Kingdom would was to be set up peaceably— but lately a different idea has been advanced, that the time had come when this kingdom was to be set up by forcibly forcible means, if necessary. it was taught the times had come when the riches of the Gentiles were to be consecrated to the true Israel— this thing of taking property, was considered a fulfilment of the above prophecy— The preacher who were sent out to preach their doctrines, were instructing instructed to direct their converts to come up to Zion meaning this upper [p. [42]]
part of — I He thinks the evening the militia arrived, Smith had a disposition not to fight them, from what I could understand, more on account of their numbers, than their character— I heard it said <​but​> whether it was in the council where was appointed commander in chief, or where, I do not recollect, but I heard it stated as I think by Jos Smith Jr that the militia was a mob, <​&​> that the state of was a mob, that the was a mob man or words to that effect— When opposing Pres Smith at above referred to about the plu[n]dering of property, he remarked it was impossible so many people could subsist there without resorting to something of that kind— And further this saith not.
After we came in from , <​from the last expedition there​> to Jos Smith Jr said to <​he​> intented to hoist a new flag or strandard, on the square <​of ​> on which he would intended to white write “Religion aside & free toleration to all religions & to all people that would flock to him it— & that he believed thousands in the surrounding country would flock to it, & give him force sufficient to accomplish his designs, in maintaining his flock flag, & <​in​> carrying on the war— The Morning that I marchd out of to march meet upon the militia to confer with them, as above refered <​to​> Jos Smith Jr made a speach to the troops who were called together in which he said That the troops <​that​> were gathering thro’ the country were a damn mob, that he had tried to please them long enough that we had tried to keep the law long enough but as to keeping the law of any longer [p. [43]]
he didn’t intend to to try to keep it any longer <​do so.​>— that the whole state was a mob stet set, & that if they came to fight him he would play hell with their apple carts.— He told his people, <​that​> they heretefore had the character of fighting like Devils, but they should now fight like angles [angels] for angles could whip devils— While in on the last expedition I mentioned the great difficulties, the course they were pursuing would likely get them into— are they the replied reply was by a number of them, that as the citizens had all fled, there would be none to prove it by but themselves, & they could swear to the <​as​> they pleased in the matter. these <​I believe​> were of the danite order— & I understood from them that they could swear each other clear if it should become necessary— While at , I heard a conversations about having commenced the war & I expressed doubts as to their being able to get along with it in the community— in that conversation, while many were present I heard say— That the sword had now been drawn & should not be sheathed, until he had marched to in Carroll county into & to was many other places in the , & swore that he was able to accomplish it— During the time of the <​last​> expedition to a portion of the troops returned to , & was paraded in the square before s house. he <​​> addressed them in a cheering & encouraging manner, in the course they had been <​were​> pursuing— A letter was sent from from Jos Smith Jr to , which he then had in his hand but said their was a profound secret in it, & that the boys <​who were present were sent away​> who could not keep se [p. [44]]
crets must be sent off before he read it which was done— and if it was near as I recollect as follows. That our enemies were now delivered in our hands & that we should have victory <​over them​> in every instance— this was a prophecy in the name of the Lord Jesus Christ— the latter stated that <​in the name of Jesus Christ​> he knew this by the spirit of prophesy — Since the return from — Jos. Smith Jr told me, that in refference to his plans, that if the citizens of & surrounding country rose and went out there to fight them, that he would <​intended to​> have men to slip in behind them, and lay waste the country & burn their houses— In the council in , a few days before the militia came out— I recollect, in making arrangements for the war. the presidency was to have the supreme <​rule​>, and that their war office, or head quarters were to be at — where <​Jos Smith Jr said​> they could have all necessary preperations to carry on the war in a war like manner— & they were to have gone in a day or two to take their seats— At the time Smith Jr & myself were under guard at he manifested a ◊◊eat disposition to converes [converse] about our difficulties aid he heard I had turned against him, and proposed to me the idea of hanging together and of not testifying against each other, and if we suffer, all suffer together.— I felt myself awkwardly situated as I had heard that there was a combination of the Danites against me. I told him I would testefy nothing that <​but​> the truth, let it fall on whom it would— And further this saith not—
[p. [45]]
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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 speech to the Mormon troops say— That he did not care any thing about the comeing 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 & he did not intend to try to keep the law, or <​to​> please them any longer, that they were a damnd set, and God should damn them so help him Jesus Christ,— that he meant to go on then as he had begun. to & take his own course & kill & destroy and told the men to fight like angles [angels],— that heretofore he told them to fight like devils, but now told them to fight like angles, that angles could whip devils— I think in this speech it was that <​he said​> what they lacked in numbers, the Lord would make <​up​> by sending angles, & send two angles where they lacked one man— and he swoor consederably, & obser[v]ed that they might think he was swearing but that God Almighty wouldnot 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 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, the following went in the <​last​> expedition to , viz. Jos Smith Jr , I heard— [p. [47]]
Washington Vories, Chandler Haldbrook, Elijah Newman I think, James M. Henderson, , I think— .,— while the last expedition was in progress in — a portion of the troops returned to , to whom <​& to the people assembled​> I understood , had read a letter from Jos Smith Jr, to I afterwards asked <​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 fear, that it 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 it <​the​> thing— A few days before the militia got to , Jos Smith Jr observed that he didn’t intend to obey the laws any longer, that he had had a great many 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
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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 , & I think .— the letter was read, which stated something like this that all things was <​were​> going on well in , that they had nothing to fear & that the enemy was in their hands.— I understood this information to be by from what was said in the letter, that they knew this by revelation. the letter was read to about [p. [48]]
200 men, most of them under arms— The town 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. The follo of the above defendents the following were in the last expedition to . Jos Smith Jr, , Washington Vories I think, Mr Buchnannon was not out. . <​was out​>. Jesse D Hunter, was out I think, , I saw about during the time of the expedition— Daniel <​Norman​> Shearer was <​not​> out, captain of a company was <​not​> out, , Jas M Henderson, I think was out. also I think, was out, , went out monday night & returned wednesday <​thursday​> night— The following <​persons​> told me they <​he​> went was in the battle with , <​to wit​> Norman Shearer.— When the forces that went out to attack were collecting about midnight, I heard them say that a mob was collecting collected near Fields; who had taken some of the brethren prisoners & that they were collecting a company to release them and that he saw the man who brought in until fewer to that amount And further this deponent saith not.
Nathaniel Carr
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Zadoc Martin <​Abner Scovel​> a witness produced, sworn— and examined for the state deposeth and saith:
In the latter part of June last, I heard Joseph Smith Jr say, That if the people would let him alone he would conquer them by the sword of the Spirit, but if they would not he would beat the plow shears into sword & their pruning hooks into spears & conquer them he would he said <​soon after this​> what do we care for the laws of the land, when there are <​is​> no person to so long as there is no person to put them in force.— after this I had some talk with him. & I observed to him that I thought people ought to obey the laws of the land and then he repeated the same thing againA Soon after the time that Phelps & Williams was baptized, (about the last of June <​or July​> last) I heard say, in , that if Phelps or Williams apostatized again, or disobeyed the presidency <​set up against the government or Kingdom— ​>. the Lord would kill them in half an hour, or would put it in to the hearts of his saints to kill them.— I knows of no other violent measures except from rumour— I live in 4 miles of , and have been occasionally there in the day time but never attended their private meetings— and further this deponent saith not.
Abner Scovel
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a witness produced, sworn and examined in behalf of the state deposeth and saith:
Some time in June I attended two or three Danite meetings. and it was taught there as a part of the duty of that band, that they [p. [50]]
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​> they gave them a pledges 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 and active— agent of the Society was , and his teachings were approved of by the presidecy. 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 &​> nothing said about it: I heard s sermon, commonly called the salt sermon, and its purport & design was about as other witnesses have stated <​them​> before me— When process was filed against Jos Smith Jr and others, before me 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 & I had a right to Judge of it— and that he would me see me out in it. <​who was not a defendant in that suit​> also joined him in this promise <​if​> I would not issue it. <​this was​>— Previous to the last term of the circuit, and <​court I​> know of . I considered myself not as proper judge, as to whether it was a vexatious suit or not. Jos Smith Jr, said it was a vexatious thing, & that he would not suffer it to be issued— and I felt myself intimidated and [p. [51]]
in dangered if I issued it, knowing the regulation that had been entered into by the Danite band. On the monday prior to the last expedition, I heard Jos Smith Jr or say that those who had heretofore been backward in taking up arms in defending themselves, ought to or should be put upon their horses with bayonets or pitchforks & <​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 they their would beef, corn & 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 and supervision of the first Presidency Jos Smith Jr & of the presidency were in . The following of the Defents. were in that expedition to viz Jos Smith Jr . , . John Buchkannan was not there— was there. was there Elijah Newman was not there. was not there. Moses Clawson I think was there— was there, a John S. Higbey [Higbee] I think was there, was there. . was there <​was there​> David Frampton was not there— Sheffield Daniels I think was not there. Benj Jones I think was there. was there. , <​was there​> & Maurice [Morris] Phelps <​I think​> were was there— [p. [52]]
Of the troops at in this expedition some were sent on one expedition, & some on another but all were there mutually to aid assist 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 mobs if any should be collected there, a but when we got there we found none, I then learned the the object was, from those who were actively engaged in the matter, to drive out all the citizens of & 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 were <​was​> to bring the mormons into as I understood it— It was said by some that the mormons were burning there their own houses, and by others that the mob burnt them.— & so much so was said about it that I did not know when I got the truth— I heard one of the mormon troops say that the missourians, at had taken the goods out of store & piled them up & set by fire to the store <​house​> & had gone off for waggons to haul off the good but that our waggons got their first & had hauled them off. they 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 not 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 [p. [53]]
— 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 agenerally prevailing understanding among the troops, and seemed to be so much so towards, the last that no other impressions prevailed— that they would either <​oppose​> mob or militia, should the come troops 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 others <​him​> as <​from​> others— As to the constitution testified of by , I never heard of it until he disclosed it when he was taken prisoner— and I not did a not attend the first meetings in which the danite band was formed, I see not did not see , in the last expedition to , have arms upon his person— but he constituted one of the counsellors of Prest Joseph Smith Jr &c it was not usual for any of the President Presidency to compose composed of the Prest Smith & his counsellors to take arms and go into the ranks— When I arrived at I staid the first night at s house— and informed that was comeing 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, I heard and further this saith not— [p. [54]]
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, a witness, produced sworn, and examined in behalf of the State, deposeth and saith—
A short time after & the Whitmers left — (some time 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 might be perfectly organized, to defend our <​them​>selves against mobs— that we were all to be governed by the presidency, & do whatever they required— and uphold them and that God had raised up a prophet that we were not to judge for ourselves whether it were right or rong that God had raised us a prophet who would judge for us, & 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, as Moses did the Egyptian, put the man rescue him, if we had to do with his adversary, as Moses did with the Egyptian, put him under the sand— it made no difference whether the Danite <​was to blame​> or not, they would pack him off to , & there be taken care of— The question was asked from<​whether it would extend the legal ​> a civil process. this man should or not— & he replied not— The Danite oath was administered in this meeting— to about 30 or 40 persons— A , told me that the who the head officers of the Danite band were, that was colonel that he was Lieut. Colonel and [p. [55]]
Major— and that I was chosen Adjutant, after that, I had a talk with & together, in which I was informed as who the officers were as above, and that was Captain General of the band. Maj Genl. and Brig Genl. This is I 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 officer <​views or wishes​> to the head officers & that <​the​> officers to the members of the society— I was present at one meeting, when where the officers of the society were <​presented &​> introduced & presented 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 teaching had been in the society—
— I heard , on one occasion say that the danites were to consecrate their surplus property, and to come in by tens to do so— and if they refused <​lied​> about it they were to be dealt with as I my understanding was they were to be killed and instanced the case of Annanias & Saphira— who about it <​he said that Peter killed​> Annanias & Saphira did, the man and that would be an example for us— When appointed adjutant of the Danite band as referred to above— I did not think proper to object openly, ‘tho I determined within myself not [p. [56]]
to act— and the lists and other papers brot. to me for recording— I threw aside & made no record of any papers On the day before the last expedition to I heard <​the​> Jos Smith Jr, spake in a speech say, in refference to stealing, that in a general way he did not approve of it, but that on one occasion our Saviour & his disciples stole corn in passing thro’ 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 dutchmans potatoes but next morning the he found his potatoes all dug.— I think it was in refference to the expedition to & 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, were called O, do I have <​heard​> Mr Smith and denominate in their publick addresses denominate “O don’t men” these I understood to be those who were denominated dissenters— and in refference to men who were hanging back and did not wish to engage in their expeditions, <​they​> were called traitors, and said <​proposed​> that blood should first begin to flow in the streets of — but his proposition did not carry— The proposition was then made [p. [57]]
<​and carried unanimously​> that those who thus hung back, should be pitched upon their horses and made to go and placed in front of the army All the above occurred in , the day before the last expedition to — The following of the defendents were in the last expedition to . Jos Smith Jr, , , , I feel am certain was not there— , & , were there, John Buckhannan was not there, .,<​were out​>, — was not out. was there, , was there, John. S. Higbey [Higbee] I think, James M Henderson was there, . was there. I think was there Geo Kimble was there, was there, Henry Zabriski , & Maurice [Morris] Phelps was <​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 doing occasionally going out & comeing in. I heard <​ say that a​> a captain of ten return & report to that he had taken some guns from some of their citizens— I saw a company of about 50 called a fur company come in 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, & if they failed to do so [p. [58]]
it would be considered it stealing— As the property was brot. in there was a general shout of hurrah, & waiving 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 hald <​hauled​> off the goods & hauled and also that the mob were burning the <​some​> mormon houses on Grindstone, I looked at him as though I did not believe it. he stooped down to me then, being on his horse & whispered to me that it was who had had gone with 20 of the mormon troops that day to the Grindstone fork— who was burning these houses, The goods taken from , 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 reports to the presidency who were there— As this company, above refered to as the fur company, passed with their plunder, I heard Mahlow Johnson who lived in the lower part of , ask Joseph Smith Jr, if these proceedings would not endanger the families of those liveing in that part of , and excite the people to come on the them 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 one who was engaged in the depredations in say, that Joseph Smith Jr remarked in his presence [p. [59]]
that it was his intention, after they got through in — to go down and take the store in Carrolton— this remark Smith made while at — After the mormon troops returned to from — I saw several of the captains of tens who had been in that expedition— making 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 that went down against After the return of the troops from to — Several days before the militia came to I learned from<​through​> Mr Arthur of that they were raising the militia, and On monday before the militia arrived, I went out toward to see if I could meet them, I met a young man who informed me that was on with the militia. I returned to , & informed & Jos Smith Jr. as well as giving general information of the fact— Next morning 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 they were about 1300 in number & that they were militia— On my return to town I met with Jos Smith Jr and informed him, that the troops were [p. [60]]
militia under ’s command Mr Smith asked me their number, and 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, & Mr Smith answered that Mr Phelps said, who was a judge of numbers having seen troops before & that there was about 250, as he would suppose— Mr then whispered to me, not to tell the men their the number of militia that it <​would​> frighten them or dampen their courage. And futher this saith not
-[At this stage of the examination of the following named defendents viz: . , Ebeny Brown, , and , were brought to the bar of the Court, and put upon their trial for the offences aledged against the other Defendents— and time being allowed them to employ counsel, they reti they retired and returned again appearing by themselves & Messrs. & their co[u]nsels— and the examination of was then continued.]-
deposeth, & further saith
That was in the last expedition to , & was captain of the company of 50, which I spoke of above as being called the fur-company. the he went under the fictitious name of — when the men were paraded, they were called out as all belonging to [p. [61]]
to s company. my impression is that was not in that expedition— but he was captain of 12 men in under the Danite order as I understand, <​as he was neither an officer nor private of militia​> and was called 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— Sometime previous to the difficulties in the first time when the militia went out there for the purpose of keeping the peace, I heard Jos Smith Jr, in a publick address, say, that he had a reverence for the Constitution of the and of this , but as for the laws of this he did not intend to regard them nor care any thing about <​them​>, as they were made by lawyers and black legs.— the above things were said sometime in last July or August— On the eve of the last expedition to , I heard Joseph Smith— Jr say that he <​they we (meaning the heads of the church)​> had appealed to the for protection and he had sent him <​us​> back word that he<​we they nor​> must fight <​their​> his <​our​> own battles— that he further said that the law was unequally administered, all against him <​us​> and none for him us— and spoke of the prosecutions set on foot in as an instance— and he then said we must take our own case in our own hands and defend ourselves— that he did not calculate to regard the laws any longer, as they were unequally admin It 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 consil co[u]ncil with the presidency, in which an council was broken of his office of Capt Genl. of the Danite [p. [62]]
band for having spoken against , one of the presidency, it being a regulation of that Society that no one of the church should speak against them.— or hear any one else do it with impunity.— In that coucil said, it was an arrangement was made to dispose of the dissenters, viz. that all the head officers 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— I willWhen 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 takeing him by the arms and he would take them <​him​> to the woods or brush, and said he “into their guts in a minute & put them under the sod”— he gave this as an example of the way they should be disposed of.— The only motive for do getting rid of the dissenter 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 ultimately endanger their lives & destroy the church, and if they went 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 was willing <​would assist​> to erect a gallows on the square & hang them all.— Jos. Smith Jr was present and followed , after he had made the above declarations, & said that he did not wish to do any thing unlawful— he <​then​> spoke of the fate of Judas, and said that Peter had hung him Judas He said that he approved of s sermon & called it a good sermon [p. [63]]
sermon— And further this saith not
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James. C. Owens a witness produced sworn a who was produced on a former day, and testified, being called back to the bar again, further deposeth and saith— He does not think that 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 aught I know. And further this deponent saith not
James C. Owens
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William Splawn a witness produced, sworn and examined in behalf of the State deposeth and saith:
I was at Eli Bagley’s in , when an armed company of men came to his house. about 10 or 12 men in number of [illegible] and Jesse D Hunter too two of the Defts were of the company <​that came to Bagley’s​>. they enquired who I was, & if I was a mob character, & learning that I was not, and let me alone they inquired for , and said they heard he was a mob character & had gone for a mob <​men​> to fight them— & that if they got their eyes on him they would take his life & that he had better keep out of the way— to be possitive that Hunter was of the company. I will not, but I have little or no doubt of the subject <​it from his appearance​>— and further this deponent saith not [p. [64]]
This was on Saturday after I learned William that was burned the thursday before and during the time that the mormon troops were in And further this deponent saith not
William Splawn
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Thomas M Odle a witness produced, sworn and examined on behalf of the state deposeth and saith:
On the saturday after was burned an armed company of twelve men rode up to ’s house in , 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 that I could not, that I had no way to get off, and that my family was barefooted— they replied that made no defference I must go— after a while when and said that if I was not gone by next morning 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 show himself there, that they would take his life if they ever set their eyes on him— next 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 house hold plunder, & 29 bee gums. they enquired for guns, and got down & took one gun from the house [p. [65]]
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 were 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 Defendents were in the above company viz. , 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 most of the talking— but most all of them had something to say— And further this deponent saith not.
X <​his mark​> Thomas M. Odle
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a witness produced, sworn and examined on behalf of the state deposeth and saith:
— I was in when the Mormons made an attack upon it, which took place on <​one​> thuresday in Oct— all the persons that were there left the town, and the Mormons <​as I believe them to be​> to the number of about 150 or 200 all armed took possession of the , and the store and other houses were burnt as I learned that evening.— and further this saith not—
X <​his mark​> [p. [66]]
Allen Rothburn 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 one of the defendents here, told me asked me to help him grease his waggon, I did so and asked him where he was going, he said he was going out to s, in , that there were about 40 bee stands there that they were going for, <​directly after​> I was then down at s store, in , there was a company of 10 or a dozen men with two <​or 3​> waggons, I heard <​a​> ask for brimstone some of the company said they had two pounds. answered that would do. Mr [Jesse] Hunter one of the Defts. here gave the word of command and they marchd off— Mr with his waggon with them— Late that evening I saw s drive his waggon at his grocery door in . I saw and unloading it. The waggon was loaded with one bee gum and houshold plunder consisting of beds or bed cloths kinder tied up, also there were onions in the waggon — 's that evening remarked <​that​> thare would be in that night a considerable number of sheep and cattle, & furthered said, that it looked to him <​sometimes​> that it was sometimes no not right to take plunder, but that it was according to [p. [67]]
Joseph Smith’s 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 return home in the east part of . haveing been summoned to by my militia captain further but performed no military duty while there— And further this deponent saith not—
Allen Rothburn
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Jerremiah Myers a witness produced, sworn and examined, deposeth and saith:
I was in the last expedition to being summoned from my 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 chose a company of about 100 <​men​> and 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 , we that we were going to disperse them— When in about half a mile of we formed, and rushed into town with a hurrah. I saw only two men who were running, others said there were about 15— We gathered up around the store & some went in hallooing bring them out here, supposing there were men in the house— About this time myself and another man returned to camps at [p. [68]]
— 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 property & that they were to be dealt out by the as to those who stood in need— I saw parties going out and coming in, while in camps, but saw no property come into our camps— but I saw a pen of cattle which was called buffalo— The following of the Defts were in the last expedition to . Joseph Smith Jr. , <​(who resides in )​> Washington Vories.— 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 not I do not recollect that I was in any <​other​> expedition than the one to — Ebenezer Page was in the last expedition to . was there, Jo was there. was there Maurice [Morris] Phelps I think was there— There was some property brought into belonging to by the mormons as there own, this was not deposited by with the , but were <​they​> taken <​took​>by it themselves— And further this deponent saith not
Jeremiah Myers [p. [69]]
Henry Wood a witness on the part of the state, produced sworn and examined— deposeth and saith:
-[At this stage of the trial examination, <​the following named defendants,​> , & Sylvester Hewlett were brought to the bar of the court and put <​upon​> their trial for the offences alledged against the other defendants, and time being allowed them forto procure counsel, they informed the court that they were ready to appear by themselves & their counsel Esqr the examination then progressed]-
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Andrew. J. Job, a witness for the state, produced sworn & examined, deposeth and saith:
While the mormon troops were in in the last expedition, I was taken prisoner—by them a as he was called who I have since learned was a , while they were getting me into , about midnight I passed on between Mill Port &c that place & counted ten houses on fire. , Ebenr. Page, James M Henderson, , & Sidney Tanner, were of the company that took me prisoner. When the houses were burning, I heard Ebenezer Page say that the mob were burning their own houses, & would lay it on the mormons. I observed it was very curious they should burn their own houses. He replied it was, but they were doing so— I arrived at that night about mid a prisoner, and was detained there until next morning about day break, when I was [p. [70]]
and Ira Glaze, & William Bone, who were also taken prisoners— were tu[r]ned loose— <​by​> & told that he would give us 4 hours to leave the , and if they caught us after that time we should not live any longer— Before we left— I heard say, “come boys feed your horses & get your breakfast— we must try & scatter the mob”— After I left I went to my step mother’s, and made efforts to get out of the — After the mormons surrendered at to the militia— I went with my step-mother to , to hunt for her property which had been left at the house when she moved, and which was missing on her return— such as beds, bed clothing, knives & forks a trunk &c On examination— we found, at the house of , & on upon his bed-stead a feather bed which I knew to be the one, that was left by her at the <​time​> she fled from the mormons. as above stated also we found <​in ’s house​> a set of knives & forks which I knew to be the same left at the house as above stated. I knew the bed from its appearance, the tick was striped & pieced at the end and the stripes of the piece turned cross ways <​wise​>— My step-mother left her residence, in two miles of , where she left the above articles, on Wedensday before I was taken prisoner which was on the sunday after. and when at the night I was a prisoner, I slept on that same bed [p. [71]]
bed, <​as I believed it to be,​> at one Sloans (as I understood his name to be)— When my step-mother fled as above stated, she went to the lower end of to where <​left her home​>I near , where the above articles were left. she went into the lower part of — to which place I went when turned loose as a prisoner— my father’s name is Robert Job— And further this deponent saith not.
X <​his mark​> Andw. J Job
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<​Freeburn H Gardener​> a witness, on behalf of the State, produced, sworn & examined, deposeth and saith:—
I was pressed to go in the expedition against ,& went part of the way, as far as to Brag’s place— about 7 miles to <​from​> camp— while there, I heard , a who was <​called​> lecturing the troops— heard him direct his men how to shoot— to bring their guns up on a raise riseto their object, & hold their breath & fire, and generally they would make a deadly shoot— and that those they were a going to fighght should not be able to hurt them, that their pieces should be elevated to<​o​> high or be <​held​> too low— when called on that night to go, I was informed by the man who came for me, that the object was to disperse a mob <​down on ​>— I proceeded no further than to Brags place. I left the camp and returned home The [p. [72]]
following named defendants were in the expedition against — Washington Vories was not in the expedition— he stated he had no horse to ride— & that if I would not go— he must have wished to get my horse to ride that he might go— I replied if the horse went I must go with it he replied <​answered​> I might have his gun (as I had none) but that he would rather go himself. I took his gun, and joined the company as above— ) was in the expedition— as he told me And further this deponent saith not
X <​his mark​> Freeburn H. Gardner
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. a witness in behalf of the state, produced, sworn and examined, deposeth and saith:
In the latter part of June last, immediately after the Whitmers & left — I fell in company with Joseph Smith Jr & . Jos Smith Jr said. There were certain men using their <​influence against the​> proceedings, on of the presidency, and if they were suffered to go on they would do great injury & Smith told , the first man he heard speaking against the presidency, & against their proceedings he must tie him up & give him 39 lashes, and if that would not do, give him 39 more until he was sorry for what he said. which <​and​> said he would do it—
About the latter part of July I heard say.— and [p. [73]]
, and he strongly suspected , for <​were​> useing their influence against the presidency of the Church, and further said that and were men of great influence in the country, and their influence must be put down—
In the late expedition to — I did not go but my team was pressed, four or five days afterwards <​the mormon troops had gone out​> I learned that one of my horses was sick & that I had better go out, & attend to him— I went out to & got there in the evening, four or five, remained that night & returned home to Far <​to ​> next morning to While at I saw a great deal of plunder brought in, consisting of beds. & bed cloths. I also saw one clock. and I saw 36 head of cattle drove up & put in a pen. as consecrated pro All the above property was called consecrated property— I heard and I learned <​heard​> from <​from​> those who brought , one of the mormons who was engaged in assisting to drive the cattle in, say that they had taken the cattle from the citizens of the Grindstone fork. and said he had made a valuable expedition— I saw . there who had a gun barrel in his hand, I asked him where he got it and he told me, that the evening <​before​> he had set a barn on fire and that he heard the gun go off— awhile the house was burning, and that evening, he went back & got the barrel out of the ruins of the barn— The following of the Defen [p. [74]]
dents were in the last expedition to — Joseph Smith Jr. , — I think was not there. was there. was there. John Buckhannan was not there. I think was there. was there. Jesse D Hunter, was , were there. Elijah Newman went out when I did. and I think returned next morning. there were some families going to & Newman went as one of a guard, to guard them out— I th was not there— was there. & returned while the <​mormon​> troops were in with an express. from to for some waggons— to move off families— was there— John S. Higbey [Higbee] I think was there— was there— <​was there​> & returned <​in​> that a few days. I think Silas Manard was not there, I think was not there—. I think I think was not out— Sylvester Hewlett I think was in , during the expedition— Two or three days before the surrender of the mormons to <​the​> Militia at — I heard Joseph Smith Jr. say that the sword was now unsheathed, and should not be again sheathed until he could go through these . and live in any county he pleased peaceably— I have this I heard this from <​him​> before the expedition to the last time, when and Mill port were burnt as well as afterwards— and [p. [75]]
I heard it on several occasions— I never heard Joseph Smith Jr say that he would disobey the laws of the country— The following of the Defendants were in the expedition against . ; I think was not there— was not there. Norman Shearer was there.
While the last expedition was going on in ; I there was a meeting in which was called a Danite meeting, in which presided. the meeting there were present between 60 & 100 men. a guard was put around the house. & one was placed at the door.— said, That the last man had run away from . that was agoing to, that the next man who started he should be pursued and brot back dead or alive— this was put to vote and agreed to without any one objecting to it. he further said, that “one man had slip[p]ed his wind yesterday, and had been thrown aside in the brush for the buzzards to pick and that the first man that lisped it should die” At this meeting companies were chosen some to procure wood for the town, & some to haul in houses into to town, & some to procure meal for the army at and also for the families of those who were in the expedition to — and one company for spies— said these companies were necessary, and appointed men <​as heads of the companies​> to make them up— further stated at this meeting, that the enemy [p. [76]]
were in then in their hands and <​that​> they should prevail. He gave instructions to the spy company that they should go out to and surround country, to learn the movements of mobs. and that if they found any mob burning houses in , be sure said he that you do the same thing to them— was the captain of this spy company— It was stated in this meeting that the object of organizing these <​spy​> company was to be able to guard against mobs which they said were comeing on them from all quarters,
When was raising his company to go against . he remarked that it <​(s company)​> was said to be militia, but it was a cursed mob, and that in the name of the Lord he would go and disperse them.
— When was instructing the spy company, <​or apparently in conversation with them​>, above refered to, on his instructions. I heard it said that if they could not get rid of the mob in any other way, they could poison their families, them to death. At the time of this last remark I was engaged in other conversation and did not hear all that conversation— And further this saith not—
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Elisha Camron, a witness in behalf of the state, produced, sworn, and examined, deposeth and saith:
The day before the battle with , I was in . and was taken prisoner. I saw , and informed him that they were raising militia in & that there was no mob out. he appeared to be very angry, and said he would fight any force <​body​> that might come against them, that he did not care what come— My oxen that I drove with me were taken and put to work <​as I was told​> & I did not recover them until after the mormons surrendered to the militia— when conversing with me as above, appeared to be friendly with me as he had been before— And further this deponent saith not—
Elisha Camron
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Charles Blakeley a witness, <​produced sworn & examined​> in behalf of the state deposeth and saith:
That at the time when some <​one​> of the houses at Mill-port were was burning I saw Joseph Smith Jr, , and & two others setting on their horses, looking at the burning— I also saw and a young Mr Morin both of whom lived in about half a mile of the place, there also. Some of the company on horse-back said the citizens had commenced it with them & they intended to take satisfaction— Mr Cob [p. [78]]
most of the houses at mill-port had the appearance of having been burnt several days before— And further this deponent saith not told us we might get our families out of the in peace, that he nor any person he could control should hurt them— nor would they interupt any unarmed persons— he said he had no desire they should leave the if they could live in peace— And further this deponent saith not:
Charles Bleckley
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James Cobb, a witness for the State, produced sworn & examined. deposeth and saith:
That at the time one of the houses at mill-port was burning, I was there, and saw Joseph Smith Jr. . , and two others all on horse back, and and a son of Mr — The house which was a stable had just got in a good way of burning— And further this deponent saith not—
James Cobb
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Jesse Kelly, a witness produced sworn & examined on the part of the State deposeth and saith, that he is [p. [79]] a citizen of ,
that about 4 days after the surround <​burning​> of & Mill port myself and Adison Price was surround in a house <​in ​> and taken prisoners by a company of mormons, they took from me 3 guns & a butcher knife the deft was capt of the company an other defendant was there in the company, The . asked us if we belonged to the mob we replied not. he then said we had better join them & come into for protection, I replied that I would consider of that, Mr. Price said to them that he would consider had moved his family into , the then said if we didnot wish to fight, them we must leave the , for we intend said he, after we clear get possession of we intend to take [p. [80]]
and after that keep on till we get take possession of the whole .
The then asked Mr Price, if he knew whether the would be up or not— Price answered he did not know— the then remarked that he wished he would come up, that his scalp he intended to have <​would rather have than any other mans​>— There were 30 or 40 armed men in this company, and after carrying us about 4 miles on towards , they released us. telling us we must leave the immediately, and if we did not want to fight them we must leave the immediately, for the they intended to have—— They said it was the mob who had plundered and burnt the <​their own​> houses in and then layed it on on the Mormons— A number of the company had something to say, tending pretty much to the same import with what was said by the — And further this deponent saith not:
Jesse Kelly
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Addison Price a witness in behalf of the state produced Sworn & examined, deposeth and saith
of ourI am a citizen of , that about 4 days after Mill-port was burnt, I was taken prisoner, together with Mr Kelly, by a company of armed Mormons, near 40 in number [p. [81]]
they took from me a butcher-knife, bullet moles [molds?], and a bar of lead from me, and a butcher knife & 3 guns <​1 a shot gun & 2 rifles​> from Mr Kelly as he has <​himself​> stated by himself.— the guns were taken from Mr Kelly, after they had <​taken​> us back to Mr Kelly’s house, where they found them, we haveing been taken prisoners about 2 miles from there— one of the defendents here was captain of that company, & they sometimes called him general, & was also in the company— The , on finding that I had I had removed my family & plunder into , asked why I did so.— I informed him that as I learned they were as I had understood that when they came to a house, they would take the beds, bedding &c off. I moved mine in time to save it— He advised me to go to them for protection, as there was obliged to be war then, and that I would have to fight on one side or the other. I replied I did not think there would be war, he said there would oblige to be, and if I did not wish to fight I must leave the . he frequently, in making these remarks, raised up his right hand, and warned me in the name of the Great God to leave the — and that I had better leave the . It was said by several of the company that as soon as they had rid , they would have and & before they stop[p]ed they intended to have the . They asked me if I knew whether any one had gone for the . <​I answered I did not know​> that <​they said​> they understood he had been sent for. and was coming up into the [p. [82]]
country to see what was going on. they <​said they​> only hoped he would, that they intended to scalp him the first man as soon as he did come, for he was nothing but an infernal mob himself— There was a great deal more said in the way of threats, they enquired of me if I knew if there were any mobs comeing against them. I answered that I knew of none, they said that the whole was a mob.— I asked them what they called themselves, they answered they were militia— After carrying us on towards (where they said they intended to take us— ) after but after carrying us about 4 miles, they released us— This company bore a white flag with them— And further this deponent saith not
Addison Price
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Samuel Kimble, a witness on behalf of the State, produced sworn & examined— deposeth and saith:
That he went to That I reside near , and was repeatedly warned & my life threatened if I did not go to & take up arms, about a week before the surrender of one the mormons to the militia, I went to , my name was enroled & I was forbid to leave The — and <​was​> paraded twice a day and the roll called. While there, I heard Joseph Smith Jr in a speech to the company of perhaps 200 hundred under arms. in which he said <​say​>, [p. [83]]
It was impossible to please a mob, if that he had applied to the , and he understood the said he could do nothing for us. he said that the whole was a mob, and that the was nothing but a mob, & if he came upon them he would make war upon him— he cursed the as a damn mob & that God almighty would damn them— he observed that the people might think he was swearing, but that the Lord would not take notice of it— And further this deponent saith not
Samuel Kimbel
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a witness on behalf of the State, produced sworn & examined deposeth and saith:
That as early as April last, at a meeting, in , of 8, or 12, persons, , arose and made an address to them in which he spoke of persecutions having bourne persecutions & law suits & other privations, and did not intend to bear them any longer. that they <​he​> meant to resist the law, and if a sheriff came after them with writs they would kill them <​him​>— and if any body opposed them they would take off their heads— who was present observed, you mean the head of their influence I suppose— answered, he meant, that lump of flesh & bones called the skull or scalp Mr Smith Joseph Smith Jr followed . approving of his sentiments, & sevearl said that was [p. [84]]
what they intended to do. he both of them, in their remarks observed that they meant to have the words of the presidency sustaind, that no one should speak against what they said to be as good, and undisputed as the words of God— and that no one should speak against what they said. I think that was not in at this time and I 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 <​I being postmaster)​> by a demand for it— <​I explained the law, which seemed satisfactory​>— & it was not given up. I then informed the second presidency of the Church by letter, that I was willing to do whatever was right, & if I had wronged any man I would make him satisfaction. — I was then notified to attend a meeting which I did— In that meeting— in an address again brought up the subject of the post office— I told them them if publick opinion said I should give it up, I would do so, but they would have to await the decision of the post-master Generl— which they agreed to do, if I would agree that a committee might with the understanding 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, others were taken up another man’s was taken up— he attempted to [p. [85]]
to speak in his defence, & said he was a republican, several rushed up to<​wards​> him and stop[p]ed him, telling him if he had any thing to say in favour of the Presidency, he might say it— but he should say nothing against them.— and that was their republicanism— Joseph Smith Jr, , & , who compose the first Presidency were there— It was observed in the meeting, that if any person spoke against the Presidency, they would hand them <​him​> over into 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 meeting where they were trying several, the first Presidency being present— was chief spokesman— the object of the meeting seemed to be, to make persons confess their and repent of their Sins to God & the Presidency— and arraigned them for giving false accounts of their money & effects they had on hands— and <​they said​> wherever they found one guilty of these things they were to be handed over to the “brother of Gideon” several were found guilty & 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 or private meetings were held, I endeavoured to find out what they were, and I learned from and others, they were forming a secret society called Danites— formerly called gideonites the brother of Gideon— In the meeting above [p. [86]]
refered to, in I which I was present. one man arose to defend himself, and he was ordered to leave the house, but commenced to speak. then said— “where are my ten men”— thirty or more men rose up, whereupon the man said he would leave the house & did so— At this meeting I agreed to conform to the rules of the church in all things, knowing I had a good deal of property in the , & if I went off I should have to leave it— Several days before the 4th of July, For some time before and after this meeting a <​an armed​> guard was kept in & one of them at my house, during the night— as I supposed to watch my person. In the fore part of July— I, being Justice one of the Justices of the County court, was forbid by Joseph Smith Jr from issued 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 refference 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 not intend to have any writ issued against him in the , & where or then he made them These things together with many others alarmed me for the situation of our — and at our court next circuit court— I mentioned these things to [p. [87]]
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 within a government. he answered it would not be treasonable if they could maintain it— and that a set of fellows had got hold of it that would maintain it, or fight ’til they died. & some others made about the same remark— ’s 4th of July oration was the declaration refered to,—
About Along in the forepart of through the summer and fall, a storm appeared to be gathering, and from time to time I went out into & counties, saw and conversed with many gentlemen on the subject, of who always assured me that they would use every exertion that the law might <​should​> be enforced. and I repeatedly make made these things known in & that ther