JOSEPH'S SECOND ARREST—CRUELTY OF HIS GUARD—HIS TRIAL—I, WITH OTHERS, AM CALLED AS A WITNESS—CHAGRIN OF PROSECUTING ATTORNEY—ELOQUENCE OF JOSEPH'S LAWYERS—THE CONSTABLE BEGS JOSEPH'S FORGIVENESS FOR HIS CRUEL CONDUCT—HE DELIVERS THE PROPHET FROM THE HANDS OF THE MOB—THE ACQUITAL—AT MY HOUSE OUR LEADERS ARE AGAIN PERSECUTED—THEIR ESCAPE—NAMES OF OUR LEADING OPPONENTS.

The constable who served this second warrant upon Joseph had no sooner arrested him, than he began to abuse him; and so heartless was he, that, although Joseph had been kept all day in court without anything to eat since the morning, he hurried him off to Broome county, a distance of about fifteen miles, before allowing him to eat. The constable took him to a tavern, where were gathered a number of men, who used every means to abuse, ridicule, and insult him. They spit upon him, pointed their fingers at him, saying, "Prophesy! prophesy!" and used their utmost ability to pain and torment his mind; and thus did they imitate those who crucified the Savior of mankind, not knowing what they did. The tavern was but a short distance from Joseph's own house; he wished to spend the night with his wife, offering to give any bail desired, for his appearance; but this was denied him. He applied for something to eat. The constable ordered him some crusts of bread and some water, which was the only fare he received that night. At length he retired to bed; the constable made him lie next to the wall, he then laid himself down, threw his arms around Joseph, as if fearing that he intended to escape; and in this not very agreeable manner was Joseph compelled to spend the night. Next day he was brought before the magistrate's court of Colesville, Broome county, and placed on trial. His friends and lawyers were again at his side, and his former persecutors were arrayed against him with the rage and fury of demons visible upon their countenances, and manifested in their actions. Many witnesses were again examined, some of whom swore to the most palpable falsehoods, just as those had done who appeared against him the previous day. But they contradicted themselves so plainly that the court would not admit their testimony. Others were called who showed by their zeal that they were willing to prove anything against him, but all they could do was to tell some things they had heard somebody else say about him.

They proceeded for a considerable time in this frivolous and vexatious manner, when finally I was called upon, and examined by Lawyer Seymour, who had been sent for specially for this occasion. One lawyer, Burch, was also retained on the prosecution, but Mr. Seymour seemed to be a more zealous Presbyterian, and seemed more anxious and determined that the people should not be deluded by any one professing godliness and not denying the power thereof.

As soon as I had been sworn, Mr. Seymour proceeded to interrogate me as follows:

Question.—"Did the prisoner, Joseph Smith, Jun., cast the devil out of you?"

Answer.—"No, sir."

Q.—"Why, have you not had the devil cast out of you?"

A.—"Yes, sir."

Q.—"And had not Joseph Smith some hand in it being done?"

A.—"Yes, sir."

Q.—"And did he not cast him out of you?"

A.—"No, sir, it was done by the power of God, and Joseph Smith was the instrument in the hands of God on this occasion. He commanded him to come out of me in the name of Jesus Christ."

Q.—"And are you sure it was the devil?"

A.—"Yes, sir."

Q.—"Did you see him after he was cast out of you?"

A.—"Yes, sir, I saw him."

Q.—"Pray, what did he look like?"

(Here one of the lawyers on the part of the defense told me I need not answer that question). I replied:

"I believe, I need not answer you that question, but I will do it if I am allowed to ask you one, and you can answer it. Do you, Mr. Seymour, understand the things of the Spirit?"

"No," answered Mr. Seymour, "I do not pretend to such big things."

"Well, then," I replied, "it will be of no use for me to tell you what the devil looked like, for it was a spiritual sight and spiritually discerned, and, of course, you would not understand it were I to tell you of it."

The lawyer dropped his head, while the loud laugh of the audience proclaimed his discomfiture.

Mr. Seymour now addressed the court and in a long and violent harrangue endeavored to blacken the character of Joseph, and bring him in guilty of the charges preferred against him.

Messrs. Davidson and Reed followed on Joseph's behalf. They held forth in true colors the nature of the prosecution, the malignity of intention, and the apparent disposition of the prosecution to persecute their client, rather than to do him justice. They took up the different arguments that had been brought forward by the lawyers for the prosecution, and having shown their utter futility and misapplication, they proceeded to scrutinize the evidence which had been adduced, and each in his turn thanked God that he had been engaged in so good a cause, as that of defending a man, whose character stood so well the test of such a strict investigation. In fact, these men, although not regular lawyers, were, upon this occasion, able to put to silence their opponents, and convince the court that Joseph Smith, Jun., was innocent. They spoke like men inspired of God; while those who were arrayed against Joseph, trembled under the sound of their voices, and shook before them as criminals before the bar of justice. Disappointment and shame were depicted on the faces of the assembled multitude, who now began to learn that nothing could be sustained against Joseph. The constable, who had arrested Joseph, and treated him in so cruel and heartless a manner, came forward and apologized and asked his forgiveness for the ill-treatment he had given him, so much was this man changed that he told Joseph the mob had resolved, if the court acquitted him, that they would take him, tar and feather him, and ride him on a rail; and further, that if Joseph wished, he would lead him out another way, so that he could escape in safety.

After all the efforts of the people and court to sustain the charges brought against Joseph proving an entire failure, he was discharged and succeeded in making good his escape from the mob through the instrumentality of his new friend, the constable. It was truly a source of great joy to us to know that Joseph was once more out of the hands of his persecutors.

After a few days the prophet, accompanied by Oliver Cowdery, came to my house, intending to confirm those who had been baptized. These servants of God had scarcely arrived when the mob began to collect, and so violent were they, that it was thought best for Joseph and Oliver to make their escape lest they should suffer at the hands of our enemies. They left without taking any refreshment, the mob closely pursuing them, and it was ofttimes as much as Joseph and Oliver could do to escape them. However, by traveling all night, excepting a short time when they were forced to lie down and rest themselves under a tree, alternately watching and sleeping, they managed to get beyond the reach of their pursuers. Thus were they persecuted because of their religious faith, in a country, whose constitution guarantees to every man the right of worshiping God according to the dictates of his own conscience; and by men, too, who were professors of religion, and zealous to shield themselves under the broad folds of our glorious constitution, though they could so wantonly deny it to others.

I will here name a few of the most forward instigators of this unhallowed persecution. Cyrus McMaster, a Presbyterian of high standing in his church. He at one time told Joseph personally that he considered him guilty, without judge or jury. The celebrated Dr. Boyington was another, also a Presbyterian. And a young man by the name of Benton, of the same religious faith, swore out the first warrant against Joseph.

I will say, however, that amid all our trials, that the God who delivered Daniel and the three Hebrew children, and preserved them upon the earth in spite of all their persecutors, preserved the Prophet Joseph from suffering death, at the hands of those who were his sworn enemies, and who did all in their power, both in private and public, to destroy him. The Lord who well knew our weak state, blessed us, by giving us His Holy Spirit to comfort our hearts, so that our faith in the restoration of His gospel to man on the earth, through the instrumentality of Joseph Smith, Jun., remained firm and unshaken.