Chapter XLIX: Testimony of Hyrum Smith

Here I shall introduce a brief history of our troubles in Missouri, given by my son Hyrum, when Joseph was before the Municipal Court, at Nauvoo, June 30, 1843, on a writ of _habeas corpus_:

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_.