Hyrum Smith, sworn: Said that the defendant now in court is his brother, and that his name is not Joseph Smith, junior, but his name is Joseph Smith, senior, and has been for more than two years past. I have been acquainted with him ever since he was born, which was thirty seven years in December last, and I have not been absent from him at any one time, not even the space of six months, since his birth, to my recollection; and have been intimately acquainted with all his sayings, doings, business transactions, and movements, as much as any one man could be acquainted with any other man's business, up to the present time, and do know that he has not committed treason against any state in the Union, by any overt act, or by levying war, or by aiding and abetting, or assisting an enemy, in any state in the Union. And that the said Joseph Smith, senior, has not committed treason in the state of Missouri, nor violated any law or rule of said state, I being personally acquainted with the transactions and doings of said Smith, whilst he resided in said state, which was for about six months in the year 1838; I being also a resident in said state, during the same period of time. And I do know that said Joseph Smith, senior, never was subject to military duty in any state, neither was he in the state of Missouri, he being exempt by the amputation or extraction of a bone from his leg, and by his having a license to preach the gospel, or being in other words, a minister of the gospel. And I do know that said Smith never bore arms as a military man, in any capacity whatever, whilst in the state of Missouri, or previous to that time; neither has he given any orders, or assumed any command, in any capacity whatever. But I do know that whilst he was in the state of Missouri, that the people commonly called "Mormons," were threatened with violence and extermination, and on or about the first Monday in August, 1838, at the election at Gallatin, the county seat in Daviess county, the citizens who were commonly called "Mormons," were forbidden to exercise the rights of franchise, and from that unhallowed circumstance an affray commenced, and a fight ensued among the citizens of that place, and from that time a mob commenced gathering in that county, threatening the extermination of the "Mormons." The said Smith, and myself, upon hearing that mobs were collecting together, and that they had also murdered two of the citizens of the same place, and would not suffer them to be buried, the said Smith and myself went over to Daviess county to learn the particulars of the affray; but upon our arrival at Diahman, we learned that none were killed, but several were wounded. We tarried all night at Col. Lyman Wight's. The next morning, the weather being very warm, and having been very dry for some time previous, the springs and wells in that region were dried up. On mounting our horses to return, we rode up to Mr. Black's, who was then an acting justice of the peace, to obtain some water for ourselves and horses. Some few of the citizens accompanied us there, and after obtaining the refreshment of water, Mr. Black was asked, by said Joseph Smith, senior, if he would use his influence to see that the laws were faithfully executed, and to put down mob violence, and he gave us a paper written by his own hand, stating that he would do so. He also requested him, (Mr. Black) to call together the most influential men of the county the next day, that we might have an interview with them; to this he acquiesced, and accordingly, the next day, they assembled at the house of Col. Wight, and entered into a mutual covenant of peace to put down mob violence, and to protect each other in the enjoyment of their rights. After this, we all parted with the best of feelings, and each man returned to his own home. This mutual agreement of peace, however, did not last long; for, but a few days afterwards, the mob began to collect again, until several hundreds rendezvoused at Millport, a few miles distant from Diahman. They immediately commenced making aggressions upon the citizens called "Mormons," taking away their hogs and cattle, and threatening them with extermination, or utter destruction; saying that they had a cannon, and there should be no compromise only at its mouth; frequently taking men, women, and children prisoners, whipping them and lacerating their bodies with hickory withes, and tying them to trees, and depriving them of food until they were compelled to gnaw the bark from the trees to which they were bound, in order to sustain life, treating them in the most cruel manner they could invent or think of, and doing everything they could to excite the indignation of the "Mormon" people to rescue them, in order that they might make that a pretext for an accusation for the breach of the law, and that they might the better excite the prejudice of the populace, and thereby get aid and assistance to carry out their hellish purposes of extermination. Immediately on the authentication of these facts, messengers were despatched from Far West to Austin A. King, judge of the fifth judicial district of the state of Missouri, and also to Major-Gen. Atchison, Commander-in-Chief of that division, and Brigadier General Doniphan, giving them information of the existing facts, and demanding immediate assistance. General Atchison returned with the messengers, and went immediately to Diahman, and from thence to Millport, and he found the facts were true as reported to him; that the citizens of that county were assembled together in a hostile attitude, to the amount of two or three hundred men, threatening the utter extermination of the "Mormons." He immediately returned to Clay county, and ordered out a sufficient military force to quell the mob. Immediately after they were dispersed, and the army returned, the mob commenced collecting again; soon after, we again applied for military aid, when General Doniphan came out with a force of sixty armed men to Far West; but they were in such a state of insubordination, that he said he could not control them, and it was thought advisable by Colonel Hinkle, Mr. Rigdon, and others, that they should return home. General Doniphan ordered Colonel Hinkle to call out the militia of Caldwell, and defend the town against the mob, for, said he, you have great reason to be alarmed; for, he said, Neil Gillum, from the Platte Country, had come down with two hundred armed men, and had taken up their station at Hunter's Mill, a place distant about seventeen or eighteen miles northwest of the town of Far West, and, also, that an armed force had collected again at Millport, in Daviess county, consisting of several hundred men, and that another armed force had collected at De Witt, in Carroll county, about fifty miles south-east of Far West, where about seventy families of the "Mormon" people had settled, upon the bank of the Missouri river, at a little town called De Witt. Immediately a messenger, whilst he was yet talking, came in from De Witt, stating that three or four hundred men had assembled together at that place, armed cap-a-pie, and that they threatened the utter extinction of the citizens of that place, if they did not leave the place immediately, and that they had also surrounded the town and cut off all supplies of food, so that many of them were suffering with hunger. General Doniphan seemed to be very much alarmed, and appeared to be willing to do all he could to assist, and to relieve the sufferings of the "Mormon" people. He advised that a petition be immediately got up and sent to the Governor. A petition was accordingly prepared, and a messenger immediately despatched to the Governor, and another petition was sent to Judge King. The "Mormon" people throughout the country were in a great state of alarm, and also in great distress. They saw themselves completely surrounded with armed forces, on the north, and on the north-west, and on the south, and also Bogard, who was a Methodist preacher, and who was then a captain over a militia company of fifty soldiers, but who had added to his number, out of the surrounding counties, about a hundred more, which made his force about one hundred and fifty strong, was stationed at Crooked creek, sending out his scouting parties, taking men, women, and children prisoners, driving off cattle, hogs, and horses, entering into every house on Log and Long creeks, rifling their houses of their most precious articles, such as money, bedding, and clothing, taking all their old muskets and their rifles or military implements, threatening the people with instant death if they did not deliver up all their precious things, and enter into a covenant to leave the state or go into the city of Far West by the next morning, saying that "they calculated to drive the people into Far West, and then drive them to hell." Gillum also was doing the same on the north-west side of Far West; and Sashiel Woods, a Presbyterian minister, was the leader of the mob in Daviess county, and a very noted man, of the same society, was the leader of the mob in Carroll county; and they were also sending out their scouting parties, robbing and pillaging houses, driving away hogs, horses, and cattle, taking men, women, and children, and carrying them off, threatening their lives, and subjecting them to all manner of abuses that they could invent or think of.
Under this state of alarm, excitement, and distress, the messengers returned from the Governor, and from the other authorities, bringing the fatal news that the "Mormons" could have no assistance. They stated that the Governor said, "that the 'Mormons' had got into a difficulty with the citizens, and they might fight it out, for all what he cared, he could not render them any assistance."
The people of De Witt were obliged to leave their homes and go into Far West; but did not until many of them had starved to death for want of proper sustenance, and several died on the road there, and were buried by the wayside, without a coffin or a funeral ceremony, and the distress, sufferings, and privations of the people cannot be expressed. All the scattered families of the "Mormon" people, in all the counties except Daviess, were driven into Far West, with but few exceptions.
This only increased their distress, for many thousands who were driven there had no habitations or houses to shelter them, and were huddled together, some in tents, and others under blankets, while others had no shelter from the inclemency of the weather. Nearly two months the people had been in this awful state of consternation, many of them had been killed, whilst others had been whipped until they had to swathe up their bowels to prevent them from falling out. About this time, General Parks came out from Richmond, Ray county, who was one of the commissioned officers who was sent out to Diahman, and I, myself, and my brother Joseph Smith, senior, went out at the same time.
On the evening that General Parks arrived at Diahman, the wife of the late Don Carlos Smith, my brother, came into Colonel Wight's about eleven o'clock at night, bringing her two children along with her, one about two and a half years old, the other a babe in her arms. She came in on foot, a distance of three miles, and waded Grand River, and the water was then about waist deep, and the snow about three inches deep. She stated that a party of the mob, a gang of ruffians, had turned her out of doors, had taken her household goods, and had burnt up her house, and she had escaped by the skin of her teeth. Her husband at that time was in Virginia, and she was living alone. This cruel transaction excited the feelings of the people in Diahman, especially Col. Wight, and he asked Gen. Parks, in my hearing, how long we had got to suffer such base violence. Gen. Parks said he did not know how long. Col. Wight then asked him what should be done. Gen. Parks told him, "he should take a company of men, well armed, and go and disperse the mob wherever he should find any collected together, and take away their arms." Col. Wight did so precisely, according to the orders of Gen. Parks, and my brother, Joseph Smith, senior, made no words about it. And after Col. Wight had dispersed the mob, and put a stop to their burning houses belonging to the "Mormon" people and turning women and children out of doors, which they had done up to that time, to the amount of eight or ten houses, which were consumed to ashes, after being cut short in their intended designs, the mob started up a new plan. They went to work and moved their families out of the county, and set fire to their houses, and not being able to incense the "Mormons" to commit crimes, they had recourse to this strategem—to set their houses on fire, and send runners into all the counties adjacent, to declare to the people, that the "Mormons" had burned up their houses, and destroyed their fields; and if the people would not believe them, they would tell them to go and see if what they had said was not true. Many people came to see—they saw the houses burning, and being filled with prejudice, they could not be made to believe, but that the "Mormons" set them on fire; which deed was most diabolical and of the blackest kind; for indeed the "Mormons" did not set them on fire nor meddle with their houses or their fields. And the houses that were burnt, together with the pre-emption rights, and the corn in the fields, had all been previously purchased by the "Mormons," of the people, and paid for in money, and with wagons and horses, and with other property, about two weeks before; but they had not taken possession of the premises; but this wicked transaction was for the purpose of clandestinely exciting the minds of a prejudiced populace and the Executive, that they might get an order, that they could the more easily carry out their hellish purposes, in expulsion or extermination, or utter extinction of the "Mormon" people. After witnessing the distressed situation of the people in Diahman, my brother, Joseph Smith, senior, and myself, returned back to the city of Far West, and immediately dispatched a messenger, with written documents, to General Atchison, stating the facts as they did then exist, praying for assistance, if possible, and requesting the editor of the "Far West" to insert the same in his newspaper, but he utterly refused to do so. We still believed that we should get assistance from the Governor, and again petitioned him, praying for assistance, setting forth our distressed situation. And in the meantime, the presiding judge of the county court issued orders, upon affidavits made to him by citizens, to the sheriff of the county, to order out the militia of the county, to stand in constant readiness, night and day, to prevent the citizens from being massacred, which fearful situation they were exposed to every moment. Every thing was very portentious and alarming. Notwithstanding all this, there was a ray of hope yet existing in the minds of the people, that the Governor would render us assistance. And whilst the people were waiting anxiously for deliverance—men, women, and children frightened, praying and weeping—we beheld at a distance, crossing the prairies, and approaching the town, a large army in military array, brandishing their glittering swords in the sunshine, and we could not but feel joyful for a moment, thinking that probably the Governor had sent an armed force to our relief, notwithstanding the awful forebodings that pervaded our breasts. But to our great surprise, when the army arrived, they came up and formed a line in double file, in one-half mile on the east of the city of Far West, and despatched three messengers with a white flag to come to the city. They were met by Captain Morey, with a few other individuals, whose names I do not now recollect. I was, myself, standing close by, and could very distinctly hear every word they said. Being filled with anxiety, I rushed forward to the spot, expecting to hear good news, but, alas! and heart-thrilling to every soul that heard them—they demanded three persons to be brought out of the city, before they should massacre the rest. The names of the persons they demanded were Adam Lightner, John Cleminson, and his wife. Immediately the three persons were brought forth to hold an interview with the officers who had made the demand, and the officers told them they had now a chance to save their lives, for they calculated to destroy the people, and lay the city in ashes. They replied to the officers, and said, "If the people must be destroyed, and the city burned to ashes, we will remain in the city and die with them." The officers immediately returned, and the army retreated, and encamped about a mile and a half from the city. A messenger was immediately despatched with a white flag, from the colonel of the militia of Far West, requesting an interview with General Atchinson, and General Doniphan; but, as the messenger approached the camp, he was shot at by Bogard, the Methodist preacher. The name of the messenger was Charles C. Rich, who is now Brigadier-General in the Nauvoo Legion. However, he gained permission to see General Doniphan. He also requested an interview with General Atchison. General Doniphan said, that General Atchison had been dismounted by a special order of the Governor, a few miles back, and had been sent back to Liberty, Clay county. He also stated, that the reason was, that he (Atchison), was too merciful unto the "Mormons;" and Boggs would not let him have the command, but had given it to General Lucas, who was from Jackson county, and whose heart had become hardened by his former acts of rapine and bloodshed, he being one of the leaders in murdering, driving, plundering, and burning some two or three hundred houses belonging to the "Mormon" people in that county, in the years 1833 and 1834.
Mr. Rich requested General Doniphan to spare the people, and not suffer them to be massacred until the next morning, it then being evening. He coolly agreed that he would not, and also said, that "he had not as yet received the Governor's order, but expected it every hour, and should not make any further move until he had received it; but he would not make any promises so far as regards Neil Gillum's army," (he having arrived a few minutes previously, and joined the main body of the army, he knowing well at what hour to form a junction with the main body). Mr. Rich then returned to the city, giving this information. The colonel immediately despatched a second messenger with a white flag, to request another interview with General Doniphan, in order to touch his sympathy and compassion, and if it were possible for him to use his best endeavors to preserve the lives of the people. On the return of this messenger, we learned that several persons had been killed by some of the soldiers, who were under the command of General Lucas. One Mr. Carey had his brains knocked out by the breech of a gun, and he lay bleeding several hours, but his family were not permitted to approach him, nor any one else allowed to administer relief to him whilst he lay upon the ground in the agonies of death. Mr. Carey had just arrived in the country, from the state of Ohio, only a few hours previous to the arrival of the army. He had a family consisting of a wife and several small children. He was buried by Lucius N. Scovil, who is now the senior warden of the Nauvoo Legion. Another man, of the name of John Tanner, was knocked on the head at the same time, and his skull laid bare the width of a man's hand, and he lay, to all appearance, in the agonies of death for several hours; but by the permission of General Doniphan, his friends brought him out of the camp, and with good nursing he slowly recovered, and is now living. There was another man, whose name is Powell, who was beat on the head with the breech of a gun until his skull was fractured, and his brains ran out in two or three places. He is now alive, and resides in this county, but has lost the use of his senses; several persons of his family were also left for dead, but have since recovered. These acts of barbarity were also committed by the soldiers under the command of General Lucas, previous to having received the Governor's order of extermination.
It was on the evening of the thirtieth of October, according to the best of my recollection, that the army arrived at Far West, the sun about half an hour high. In a few moments afterwards, Cornelius Gillum arrived with his army and formed a junction. This Gillum had been stationed at Hunter's Mills for about two months previous to that time—committing depredations upon the inhabitants, capturing men, women, and children, and carrying them off as prisoners, lacerating their bodies with hickory withes. The army of Gillum were painted like Indians, some of them were more conspicuous than were others, designated by red spots, and he also was painted in a similar manner, with red spots marked on his face, and styled himself the "Delaware Chief." They would whoop, and hollow, and yell, as nearly like Indians as they could, and continued to do so all that night. In the morning early the colonel of militia sent a messenger into the camp, with a white flag, to have another interview with Gen. Doniphan. On his return he informed us that the Governor's order had arrived. General Doniphan said, "that the order of the Governor was, to exterminate the 'Mormons' by God, but he would be d—d if he would obey that order, but General Lucas might do as he pleased." We immediately learned from General Doniphan, that the Governor's order that had arrived was only a copy of the original, and that the original order was in the hands of Major General Clark, who was on his way to Far West, with an additional army of six thousand men. Immediately after this there came into the city a messenger from Haun's Mill, bringing the intelligence of an awful massacre of the people who were residing in that place, and that a force of two or three hundred, detached from the main body of the army, under the superior command of Colonel Ashley, but under the immediate command of Captain Nehemiah Comstock, who, the day previous, had promised them peace and protection, but on receiving a copy of the Governor's order, "to exterminate or expel," from the hands of Colonel Ashley, he returned upon them the following day, and surprised and massacred the whole population of the town, and then came on to the town of Far West, and entered into conjunction with the main body of the army. The messenger informed us that he, himself, with a few others, fled into the thickets, which preserved them from the massacre, and on the following morning they returned, and collected the dead bodies of the people, and cast them into a well; and there were upwards of twenty who were dead or mortally wounded, and there are several of the wounded, who are now living in this city. One of the name of Yocum, has lately had his leg amputated, in consequence of wounds he then received. He had a ball through his head, which entered near his eye and came out at the back part of his head, and another ball passed through one of his arms.
The army during all the while they had been encamped in Far West, continued to lay waste fields of corn, making hogs, sheep, and cattle common plunder, and shooting them down for sport. One man shot a cow, and took a strip of her skin, the width of his hand, from her head to her tail, and tied it around a tree to slip his halter into to tie his horse to. The city was surrounded with a strong guard, and no man, woman, or child was permitted to go out or come in, under the penalty of death. Many of the citizens were shot, in attempting to get out to obtain sustenance for themselves and families. There was one field fenced in, consisting of twelve hundred acres, mostly covered with corn. It was entirely laid waste by the horses of the army, and the next day after the arrival of the army, towards evening, Col. Hinkle came up from the camp, requesting to see my brother Joseph, Parley P. Pratt, Sidney Rigdon, Lyman Wight, and George W. Robinson, stating that the officers of the army wanted a mutual consultation with those men, also stating that Generals Doniphan, Lucas, Wilson, and Graham, (however, General Graham is an honorable exception: he did all he could to preserve the lives of the people, contrary to the order of the Governor,) he (Hinkle) assured them that these generals had pledged their sacred honor, that they should not be abused or insulted; but should be guarded back in safety in the morning, or so soon as the consultation was over. My brother Joseph replied, that he did not know what good he could do in any consultation, as he was only a private individual: however, he said that he was always willing to do all the good he could, and would obey every law of the land, and then leave the event with God. They immediately started with Col. Hinkle to go down into the camp. As they were going down, about half way to the camp, they met General Lucas with a phalanx of men, with a wing to the right and to the left, and a four-pounder in the center. They supposed he was coming with this strong force to guard them into the camp in safety; but, to their surprise, when they came up to General Lucas, he ordered his men to surround them, and Hinkle stepped up to the general and said, "These are the prisoners I agreed to deliver up." General Lucas drew his sword, and said, "Gentlemen, you are my prisoners," and about that time the main army were on their march to meet them. They came up in two divisions, and opened to the right and left, and my brother and his friends were marched down through their lines, with a strong guard in front, and the cannon in the rear, to the camp, amidst the whoopings, hollowings, yellings, and shoutings of the army, which were so horrid and terrific, that they frightened the inhabitants of the city. It is impossible to describe the feelings of horror and distress of the people. After being thus betrayed, they were placed under a strong guard of thirty men, armed cap-a-pie, which were relieved every two hours. There they were compelled to lie on the cold ground that night, and were told in plain language that they need never to expect their liberties again. So far for their honors pledged. However, this was as much as could be expected from a mob under the garb of military and executive authority in the state of Missouri. On the next day, the soldiers were permitted to patrol the streets, to abuse and insult the people at their leisure, and enter into houses and pillage them, and ravish the women, taking away every gun, and every other kind of arms or military implements. And about twelve o'clock that day, Col. Hinkle came to my house with an armed force, opened the door, and called me out of doors and delivered me up as a prisoner unto that force. They surrounded me and commanded me to march into the camp. I told them that I could not go, my family were sick, and I was sick myself, and could not leave home. They said they did not care for that, I must and should go. I asked when they would permit me to return. They made me no answer, but forced me along with the point of the bayonet into the camp, and put me under the same guard with my brother Joseph; and within about half an hour afterwards, Amasa Lyman was also brought, and placed under the same guard. There we were compelled to stay all that night, and lie on the ground; but along some time in the same night, Col. Hinkle came to me and told me that he had been pleading my case before the court-martial, but he was afraid he should not succeed. He said there was a court-martial then in session, consisting of thirteen or fourteen officers, Circuit Judge A. A. King, and Mr. Birch, District Attorney, also Sashiel Woods, Presbyterian priest, and about twenty other priests of the different religious denominations in that county. He said they were determined to shoot us on the next morning in the public square in Far West. I made him no reply. On the next morning about sunrise, Gen. Doniphan ordered his brigade to take up the line of march, and leave the camp. He came to us where we were under guard, to shake hands with us, and bid us farewell. His first salutation was, "By God, you have been sentenced by the court-martial to be shot this morning; but I will be d—d if I will have any of the honor of it, or any of the disgrace of it; therefore I have ordered my brigade to take up the line of march, and to leave the camp, for I consider it to be cold-blooded murder, and I bid you farewell," and he went away. This movement of General Doniphan made considerable excitement in the army, and there were considerable whisperings among the officers. We listened very attentively, and frequently heard it mentioned by the guard, that the d—d "Mormons" would not be shot this time. In a few moments the guard was relieved with a new set; one of the new guard said, that the d—d "Mormons" would not be shot this time, for the movement of General Doniphan had frustrated the whole plan, and that the officers had called another court-martial, and had ordered us to be taken to Jackson county, and there to be executed. And in a few moments two large wagons drove up, and we were ordered to get into them. While we were getting into them, there came up four or five men armed with guns, who drew up, and snapped their guns at us, in order to kill us. Some flashed in the pan, and others only snapped, but none of their guns went off. They were immediately arrested by several officers, and their guns taken from them, and the drivers drove off. We requested of General Lucas, to let us go to our houses and get some clothing. In order to do this we had to be driven up into the city. It was with much difficulty that we could get his permission to go and see our families, and get some clothing; but, after considerable consultation, we were permitted to go under a strong guard of five or six men to each of us, and we were not permitted to speak to any one of our families, under the pain of death. The guard that went with me ordered my wife to get me some clothes immediately—within two minutes; and if she did not do it, I should go off without them. I was obliged to submit to their tyrannical orders, however painful it was, with my wife and children clinging to my arms and to the skirts of my garments, and was not permitted to utter to them a word of consolation and in a moment was hurried away from them at the point of the bayonet. We were hurried back to the wagons and ordered into them, all in about the same space of time. In the meanwhile, our father, and mother, and sisters, had forced their way to the wagons to get permission to see us, but were forbidden to speak to us, and we were immediately driven off for Jackson county. We traveled about twelve miles that evening, and encamped for the night. The same strong guard was kept around us, and was relieved every two hours, and we were permitted to sleep on the ground. The nights were then cold, with considerable snow on the ground, and for the want of covering and clothing we suffered extremely with the cold. That night was the commencement of a fit of sickness from which I have not wholly recovered unto this day, in consequence of my exposure to the inclemency of the weather. Our provision was fresh beef, roasted in the fire on a stick; the army having no bread, in consequence of the want of mills to grind the grain. In the morning, at the dawn of day, we were forced on our journey, and were exhibited to the inhabitants along the road, the same as they exhibit a caravan of elephants or camels. We were examined from head to foot by men, women, and children, only I believe they did not make us open our mouths to look at our teeth. This treatment was continued incessantly, until we arrived at Independence, in Jackson county. After our arrival, at Independence, we were driven all through the town for inspection, and then we were ordered into an old log house, and there kept under guard as usual, until supper, which was served up to us, as we sat upon the floor, or on billets of wood, and we were compelled to stay in that house all that night and the next day. They continued to exhibit us to the public by letting the people come in and examine us, and then go away and give place for others alternately, all that day and the next night; but on the morning of the following day, we were all permitted to go to the tavern to eat and to sleep, but afterwards they made us pay our own expenses for board, lodging, and attendance, and for which they made a most exhorbitant charge. We remained in the tavern about two days and two nights, when an officer arrived with authority from General Clark to take us back to Richmond, Ray county, where the general had arrived with his army, to await our arrival there; but on the morning of our start for Richmond, we were informed by General Wilson that it was expected by the soldiers that we would be hung up by the necks on the road, while on the march to that place, and that it was prevented by a demand made for us by General Clark, who had the command in consequence of seniority, and, that it was his prerogative to execute us himself, and he should give us up into the hands of the officer, who would take us to General Clark, and he might do with us as he pleased. During our stay at Independence, the officers informed us that there were eight or ten horses in the place belonging to the "Mormon" people, which had been stolen by the soldiers, and that we might have two of them to ride upon, if we would cause them to be sent back to the owners after our arrival at Richmond. We accepted of them, and they were rode to Richmond, and the owners came there and got them. We started in the morning under our new officer, Colonel Price, of Keytsville, Chariton county, Mo., with several other men to guard us over. We arrived there on Friday evening, the ninth day of November, and were thrust into an old log house, with a strong guard placed over us. After we had been there for the space of half an hour, there came in a man, who was said to have some notoriety in the penitentiary, bringing in his hands a quantity of chains and padlocks. He said he was commanded by General Clark to put us in chains. Immediately the soldiers rose up, and pointing their guns at us, placed their thumb on the cock, and their finger on the trigger, and the state's prison keeper went to work, putting a chain around the leg of each man, and fastening it on with a padlock, until we were all chained together, seven of us.
In a few moments came in General Clark. We requested to know of him what was the cause of all this harsh and cruel treatment. He refused to give us any information at that time, but said he would in a few days; so we were compelled to continue in that situation—camping on the floor, all chained together, without any chance or means to be made comfortable, having to eat our victuals as they were served up to us, using our fingers and teeth instead of knives and forks. Whilst we were in this situation, a young man, of the name of Grant, brother-inlaw to my brother, William Smith, came to see us, and put up at the tavern where General Clark made his quarters. He happened to come in time to see General Clark make choice of his men to shoot us on Monday morning, the twelfth day of November; he saw them make choice of their rifles, and load them with two balls in each; and after they had prepared their guns, General Clark saluted them by saying, "Gentlemen, you shall have the honor of shooting the 'Mormon' leaders, on Monday morning, at eight o'clock!" But in consequence of the influence of our friends, the heathen General was intimidated, so that he durst not carry his murderous design into execution, and sent a messenger immediately to Fort Leavenworth, to obtain the military code of laws. After the messenger's return, the General was employed, nearly a whole week, examining the laws, so Monday passed away without our being shot. However, it seemed like foolishness to me, for so great a man as General Clark pretended to be, should have to search the military law to find out whether preachers of the gospel, who never did military duty, could be subject to court-martial. However, the General seemed to learn that fact after searching the military code, and came into the old log cabin, where we were under guard and in chains, and told us he had concluded to deliver us over to the civil authorities, as persons guilty of treason, murder, arson, larceny, theft, and stealing. The poor, deluded General did not know the difference between theft, larceny, and stealing. Accordingly, we were handed over to the pretended civil authorities, and the next morning our chains were taken off, and we were guarded to the court house, where there was a pretended court in session; Austin A. King being the judge, and Mr. Birch, the district attorney, the two extremely, and very honorable gentlemen, who sat on the court-martial when we were sentenced to be shot. Witnesses were called up and sworn, at the point of the bayonet, and if they would not swear to the things they were told to do, they were threatened with instant death; and I do know, positively, that the evidence given in by those men, whilst under duress, was false. This state of things was continued twelve or fourteen days, and after that, we were ordered by the judge, to introduce some rebutting evidence, saying, if we did not do it, we would be thrust into prison. I could hardly understand what the judge meant, for I considered we were in prison already, and could not think of anything but the persecutions of the days of Nero, knowing that it was a religious persecution, and the court an inquisition; however, we gave him the names of forty persons, who were acquainted with all the persecutions and sufferings of the people. The judge made out a subpoena, and inserted the names of those men, and caused it to be placed in the hands of Bogard, the notorious Methodist minister, and he took fifty armed soldiers, and started for Far West. I saw the subpoena given to him and his company, when they started. In the course of a few days, they returned with most all those forty men, whose names were inserted in the subpoena, and thrust them into jail, and we were not permitted to bring one of them before the court; but the judge turned upon us, with an air of indignation, and said, "Gentlemen, you must get your witnesses, or you shall be committed to jail immediately, for we are not going to hold the court open, on expense, much longer for you, anyhow." We felt very much distressed and oppressed at that time. Colonel Wight said, "What shall we do? Our witnesses are all thrust into prison, and probably will be, and we have no power to do anything; of course we must submit to this tyranny and oppression; we cannot help ourselves." Several others made similar expressions, in the agony of their souls, but my brother Joseph did not say anything, he being sick at that time with the toothache, and ague in his face, in consequence of a severe cold brought on by being exposed to the severity of the weather. However, it was considered best by General Doniphan and Lawyer Reese, that we should try to get some witnesses, before the pretended court. Accordingly, I myself gave the names of about twenty other persons; the judge inserted them in a subpoena, and caused it to be placed in the hands of Bogard, the Methodist priest, and he again started off with his fifty soldiers, to take those men prisoners, as he had done to the forty others. The judge sat and laughed at the good opportunity of getting the names, that they might the more easily capture them, and so bring them down to be thrust into prison, in order to prevent us from getting the truth before the pretended court, of which himself was the chief inquisitor or conspirator. Bogard returned from his second expedition, with one prisoner only, whom he also thrust into prison.
The people at Far West had learned the intrigue, and had left the state, having been made acquainted with the treatment of the former witnesses. But we, on learning that we could not obtain witnesses, whilst privately consulting with each other what we should do, discovered a Mr. Allen, standing by the window on the outside of the house; we beckoned to him as though we would have him come in. He immediately came in. At that time Judge King retorted upon us again, saying, "Gentlemen, are you not going to introduce some witnesses;" also saying it was the last day he should hold the court open for us, and if we did not rebut the testimony that had been given against us, he should have to commit us to jail. I had then got Mr. Allen into the house, and before the court, so called. I told the judge we had one witness, if he would be so good as to put him under oath; he seemed unwilling to do so, but after a few moments' consultation the state's attorney arose and said, he should object to that witness being sworn, and, that he should object to that witness giving in his evidence at all; stating that this was not a court to try the case, but only a court of investigation on the part of the state. Upon this, General Doniphan arose, and said, he would "be God d—d, if the witness should not be sworn, and that it was a damned shame, that these defendants should be treated in this manner; that they could not be permitted to get one witness before the court, whilst all their witnesses, even forty at a time, have been taken by force of arms, and thrust into the 'bull pen'—in order to prevent them from giving their testimony." After Doniphan sat down, the judge permitted the witness to be sworn, and enter upon his testimony. But so soon as he began to speak, a man by the name of Cook, who was a brother-in-law to priest Bogard, the Methodist, and who was a lieutenant, and whose place at that time was to superintend the guard, stepped in before the pretended court, and took him by the nape of his neck, and jammed his head down under the pole or log of wood that was placed up around the place where the inquisition was sitting, to keep the by-standers from intruding upon the majesty of the inquisitors, and jammed him along to the door, and kicked him out of doors. He instantly turned to some soldiers, who were standing by him, and said to them, "Go and shoot him, d—n him, shoot him, d—n him."
The soldiers ran after the man to shoot him—he fled for his life, and with great difficulty made his escape. The pretended court immediately arose, and we were ordered to be carried to Liberty, Clay county, and there to be thrust into jail. We endeavored to find out for what cause, but, all that we could learn was, because we were "Mormons." The next morning a large wagon drove up to the door, and a blacksmith came into the house with some chains and handcuffs. He said his orders from the judge were to handcuff us, and chain us together. He informed us that the judge had made out a mittimus, and sentenced us to jail for treason; he also said, the judge had done this, that we might not get bail; he also said the judge stated his intention to keep us in jail, until all the "Mormons" were driven out of the state; he also said that the judge had further stated, that if he let us out before the "Mormons" had left the state, that we would not let them leave, and there would be another d—d fuss kicked up. I also heard the judge say myself, whilst he was sitting in his pretended court, that there was no law for us, nor the "Mormons" in the state of Missouri; that he had sworn to see them exterminated, and to see the Governor's order executed to the very letter, and that he would do so; however, the blacksmith proceeded, and put the irons upon us, and we were ordered into the wagon, and were driven off for Clay county, and as we journeyed along on the road, we were exhibited to the inhabitants. And this course was adopted all the way, thus making a public exhibition of us, until we arrived at Liberty, Clay county. There we were thrust into prison again, and locked up, and were held there in close confinement for the space of six months, and our place of lodging was the square side of a hewed white oak log, and our food was anything but good and decent. Poison was administered to us three or four times; the effect it had upon our system was that it vomited us almost to death, and then we would lay some two or three days in a torpid, stupid state, not even caring or wishing for life. The poison being administered in too large doses, or it would inevitably have proved fatal, had not the power of Jehovah interposed on our behalf, to save us from their wicked purpose. We were also subjected to the necessity of eating human flesh for the space of five days, or go without food, except a little coffee, or a little corn bread—the latter I chose in preference to the former. We none of us partook of the flesh, except Lyman Wight. We also heard the guard which was placed over us, making sport of us, saying, that they had fed us upon "'Mormon' beef." I have described the appearance of this flesh to several experienced physicians, and they have decided that it was human flesh. We learned afterwards, by one of the guard, that it was supposed, that that act of savage cannibalism, in feeding us with human flesh, would be considered a popular deed of notoriety, but the people, on learning that it would not take, tried to keep it secret; but the fact was noised abroad before they took that precaution. Whilst we were incarcerated in prison, we petitioned the supreme court of the state of Missouri twice for habeas corpus; but were refused both times, by Judge Reynolds, who is now the Governor of that state. We also petitioned one of the county judges for a writ of habeas corpus, which was granted in about three weeks afterwards, but were not permitted to have any trial—we were only taken out of jail, and kept out for a few hours, and then remanded back again. In the course of three or four days after that time, Judge Turnham came into the jail in the evening, and said he had permitted Mr. Rigdon to get bail, but said he had to do it in the night, and had also to get away in the night, and unknown to any of the citizens, or they would kill him, for they had sworn to kill him if they could find him. And as to the rest of us, he dared not let us go, for fear of his own life, as well as ours. He said it was d—d hard to be confined under such circumstances; for he knew we were innocent men! and he said the people also knew it; and that it was only a persecution and treachery, and the scenes of Jackson county acted over again, for fear that we would become too numerous in that upper country. He said the plan was concocted from the Governor, down to the lowest judge; and that that Baptist priest, Riley, was riding into town every day to watch the people, stirring up the minds of the people against us all he could, exciting them, and stirring up their religious prejudices against us, for fear they would let us go. Mr. Rigdon, however, got bail, and made his escape to Illinois. The jailor, Samuel Tillery, Esq., told us also, that the whole plan was concocted by the Governor, down to the lowest judge, in that upper country, early in the previous spring, and that the plan was more fully carried out at the time that General Atchison went down to Jefferson city with Generals Wilson, Lucas, and Gillum, the self-styled "Delaware Chief." This was sometime in the month of September, when the mob were collected at De Witt, in Carroll county. He also told us that the Governor was now ashamed enough of the whole transaction, and would be glad to set us at liberty if he dared to do it; but, said he, you need not be concerned, for the Governor has laid a plan for your release. He also said that Esquire Birch, the state's attorney, was appointed to be circuit judge, on the circuit passing through Daviess county, and that he (Birch) was instructed to fix the papers, so that we would be sure to be clear of any incumbrance in a very short time.
Some time in April we were taken to Daviess county, as they said, to have a trial; but when we arrived at that place, instead of finding a court or jury, we found another inquisition, and Birch, who was the district attorney—the same man who was one of the court-martial when we were sentenced to death—was now the circuit judge of that pretended court, and the grand jury that was empannelled were all at the massacre at Haun's Mill, and lively actors in that awful, solemn, disgraceful, cool-blooded murder; and all the pretense they made of excuse was, they had done it because the Governor ordered them to do it. The same jury sat as a jury in the day time, and were placed over us as a guard in the night time; they tantalized and boasted over us of their great achievements at Haun's Mill and other places, telling us how many houses they had burned, and how many sheep, cattle, and hogs they had driven off, belonging to the "Mormons," and how many rapes they had committed, and what kicking and squealing there was among the d—d bitches, saying that they lashed one woman upon one of the d—d "Mormon" meeting benches, tying her hands and her feet fast, and sixteen of them abused her as much as they had a mind to, and then left her bound and exposed in that distressed condition. These fiends of the lower region boasted of these acts of barbarity, and tantalized our feelings with them for ten days. We had heard of these acts of cruelty previous to this time, but were slow to believe that such acts of cruelty had been perpetrated. The lady who was the subject of their brutality did not recover her health, to be able to help herself, for more than three months afterwards. This grand jury constantly celebrated their achievements with grog and glass in hand, like the Indian warriors at their dances, singing and telling each other of their exploits, in murdering the "Mormons," in plundering their houses, and carrying off their property. At the end of every song, they would bring in the chorus, "God d—n God, God d—n Jesus Christ, God d—n the Presbyterians, God d—n the Baptists, God d—n the Methodists!" reiterating one sect after another in the same manner, until they came to the "Mormons;" to them it was, "God d—n, the God d—n 'Mormons!' we have sent them to hell." Then they would slap their hands and shout, "Hosannah, hosannah, glory to God!" and fall down on their backs, and kick with their feet a few moments; then they would pretend to have swooned away in a glorious trance, in order to imitate some of the transactions at camp meetings. Then they would pretend to come out of their trance, and would shout, and again slap their hands, and jump up, while one would take a bottle of whiskey and a tumbler, and turn it out full of whiskey, and pour it down each other's necks, crying, "D—n it, take it, you must take it;" and if any one refused to drink the whiskey, others would clinch him, while another poured it down his neck, and what did not go down the inside went down the outside. This is a part of the farce acted out by the grand jury of Daviess county, while they stood over us as guards for ten nights successively. And all this in the presence of the great Judge Birch! who had previously said in our hearing that there was no law for "Mormons" in the state of Missouri. His brother was then acting as district attorney in that circuit, and, if anything, was a greater cannibal than the judge. After all these ten days of drunkenness, we were informed that we were indicted for treason, murder, arson, larceny, theft, and stealing. We asked for a change of venue from that county to Marion county, but they would not grant it; but they gave us a change of venue from Daviess to Boon county, and a mittimus was made out by the pretended Judge Birch, without date, name, or place. They fitted us out with a two-horse wagon and horses, and four men, besides the sheriff, to be our guard. There were five of us. We started from Gallatin, the sun about two hours high, p. m., and went as far as Diahman that evening, and staid till morning. There we bought two horses of the guard, and paid for one of them in our clothing which we had with us, and for the other we gave our note. We went down that day as far as Judge Morin's, a distance of some four or five miles. There we staid until the morning, when we started on our journey to Boon county, and traveled on the road about twenty miles distance. There we bought a jug of whiskey, with which we treated the company, and while there the sheriff showed us the mittimus before referred to, without date or signature, and said that Judge Birch told him never to carry us to Boon county, and never to show the mittimus, "and," said he, "I shall take a good drink of grog, and go to bed, you may do as you have a mind to." Three others of the guard drank pretty freely of whiskey, sweetened with honey; they also went to bed, and were soon asleep, and the other guard went along with us and helped to saddle the horses. Two of us mounted the horses, and the other three started on foot, and we took our change of venue for the state of Illinois, and, in the course of nine or ten days, we arrived in Quincy, Adams county, Illinois, where we found our families in a state of poverty, although in good health, they having been driven out of the state previously, by the murderous militia, under the exterminating order of the Executive of Missouri. And now the people of that state, a portion of them, would be glad to make the people of this state believe that my brother Joseph has committed treason, for the purpose of keeping up their murderous and hellish persecution; and they seem to be unrelenting, and thirsting for the blood of innocence, for I do know, most positively, that my brother Joseph has not committed treason, nor violated one solitary item of law or rule in the state of Missouri.
But I do know that the "Mormon" people, en masse, were driven out of that state after being robbed of all they had, and they barely escaped with their lives, as well as my brother Joseph, who barely escaped with his life. His family also were robbed of all they had, and barely escaped with the skin of their teeth, and all of this in consequence of the exterminating order of Governor Boggs, the same being confirmed by the Legislature of that state. And I do know, so does this court, and every rational man who is acquainted with the circumstances, and every man who shall hereafter become acquainted with the particulars thereof will know, that Governor Boggs, and Generals Clark, Lucas, Wilson, and Gilliam, also Austin A. King, have committed treason upon the citizens of Missouri, and did violate the constitution of the United States, and also the constitution and laws of the state of Missouri, and did exile and expel, at the point of the bayonet, some twelve or fourteen thousand inhabitants from the state; and did murder some three or four hundreds of men, women, and children, in cold blood, and in the most horrid and cruel manner possible; and the whole of it was caused by religious bigotry and persecution, because the "Mormons" dared to worship Almighty God according to the dictates of their own consciences, and agreeable to his divine will, as revealed in the scriptures of eternal truth, and had turned away from following the vain traditions of their fathers, and would not worship according to the dogmas and commandments of those men who preach for hire and divine for money, and teach for doctrine the precepts of men, expecting that the constitution of the United States would have protected them therein. But notwithstanding the "Mormon" people had purchased upwards of two hundred thousand dollars' worth of land, most of which was entered and paid for at the land office of the United States, in the state of Missouri; and although the President of the United States has been made acquainted with these facts, and the particulars of our persecutions and oppressions, by petition to him and to Congress, yet they have not even attempted to restore the "Mormons" to their rights, or given any assurance that we may hereafter expect redress from them. And I do also know most positively and assuredly, that my brother Joseph Smith, senior, has not been in the state of Missouri since the spring of the year 1839. And further this deponent saith not.
Hyrum Smith.
